Privacy Act of 1974; System of Records, 63942-63945 [2023-20138]

Agencies

• DEPARTMENT OF EDUCATION

[Federal Register Volume 88, Number 179 (Monday, September 18, 2023)]
[Notices]
[Pages 63942-63945]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-20138]


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DEPARTMENT OF EDUCATION

[Docket ID ED-2023-OFO-0158]


Privacy Act of 1974; System of Records

AGENCY: Office of Finance and Operations, U.S. Department of Education.

ACTION: Notice of a modified system of records.

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SUMMARY: In accordance with the Privacy Act of 1974, as amended 
(Privacy Act), the U.S. Department of Education (Department) is 
publishing this notice of a modified system of records titled 
``Reasonable Accommodation Program Files'' (RAPF) (previously numbered 
as 18-17-01 and newly renumbered as 18-03-07) to make minor amendments 
to the previously noticed system of records as further explained below 
under the section entitled SUPPLEMENTARY INFORMATION. This system 
contains records concerning reasonable accommodation requests on the 
basis of disability and religion under the Rehabilitation Act of 1973, 
as amended (Rehabilitation Act), Americans with Disabilities Act of 
1990, as amended (ADA), and title VII of the Civil Rights Act of 1964, 
as amended (title VII), as applicable, that are submitted to the 
Department by covered individuals.

DATES: Submit your comments on this modified system of records notice 
on or before October 18, 2023.
    This modified system of records will become effective upon 
publication in the Federal Register on September 18, 2023 unless the 
modified system of records notice needs to be changed as a result of 
public comment. The Department will publish any significant changes to 
the system of records or routine uses resulting from public comment.

ADDRESSES: Comments must be submitted via the Federal eRulemaking 
Portal at regulations.gov. However, if you require accommodation or 
cannot otherwise submit your comments via regulations.gov, please 
contact the program contact person listed under FOR FURTHER INFORMATION 
CONTACT.
    The Department will not accept comments submitted by fax or by 
email, or comments submitted after the comment period closes. To ensure 
that the Department does not receive duplicate copies, please submit 
your comments only once. In addition, please include the Docket ID at 
the top of your comments.
     Federal eRulemaking Portal: Go to www.regulations.gov to 
submit your comments electronically. Information on using 
Regulations.gov, including instructions for accessing agency documents, 
submitting comments, and viewing the docket, is available on the site 
under the ``FAQ'' tab.
    Privacy Note: The Department's policy is to make all comments 
received from members of the public available for public viewing in 
their entirety on the Federal eRulemaking Portal at 
www.regulations.gov. Therefore, commenters should be careful to include 
in their comments only information that they wish to make publicly 
available.
    Assistance to Individuals with Disabilities in Reviewing the 
Rulemaking Record: On request, we will provide an appropriate 
accommodation or auxiliary aid to an individual with a disability who 
needs assistance to review the comments or other documents in the 
public rulemaking record for this notice. If you want to schedule an 
appointment for this type of accommodation or auxiliary aid, please 
contact the person listed under FOR FURTHER INFORMATION CONTACT.

FOR FURTHER INFORMATION CONTACT: Michael Chew, Director, Office of 
Equal Employment Opportunity Services, U.S. Department of Education, 
400 Maryland Avenue SW, Washington, DC 20202. Telephone (202) 690-5677. 
Email: [email protected].
    If you use a telecommunications device for the deaf (TDD) or a text 
telephone (TTY), you may call the Federal Relay Service at 1-800-877-
8339.

SUPPLEMENTARY INFORMATION: In accordance with the Privacy Act, the 
Department proposes to modify the system of records notice entitled, 
``Reasonable Accommodation Program Files'' (RAPF) (previously numbered 
as 18-17-01 and newly renumbered as 18-03-07), which was last published 
in full in the Federal Register on June 17, 2022 (87 FR 36477), to 
remove ``Executive Order 14043 of September 9, 2021 (requiring, with 
certain exceptions, COVID-19 vaccinations for all Federal employees'' 
from the ``Authority for Maintenance of the System'' section, due to 
its revocation under Executive Order 14099 of May 9, 2023 (``Moving 
Beyond COVID-19 Vaccination Requirements for Federal Workers''). Minor, 
non-substantive changes were also made to the notice.
    Accessible Format: On request to the program contact person listed 
under FOR FURTHER INFORMATION CONTACT, individuals with disabilities 
can obtain this document in an accessible format. The Department will 
provide the requestor with an accessible format that may include Rich 
Text Format (RTF) or text format (txt), a thumb drive, an MP3 file, 
braille, large print, audiotape, or compact disc, or other accessible 
format.
    Electronic Access to This Document: The official version of this 
document is the document published in the Federal Register. You may 
access the official edition of the Federal Register and the Code of 
Federal Regulations at www.govinfo.gov. At this site you can view this 
document, as well as all other documents of this Department published 
in the Federal Register, in text or Portable Document Format (PDF). To 
use PDF, you must have Adobe Acrobat Reader, which is available free at 
the site.
    You may also access documents of the Department published in the 
Federal Register by using the article search feature at 
www.federalregister.gov. Specifically, through the advanced search 
feature at this site, you can limit your search to documents published 
by the Department.

Denise Carter,
Acting Assistant Secretary, Office of Finance and Operations.

    For the reasons discussed in the preamble, the U.S. Department of

[[Page 63943]]

Education (Department) publishes a notice of a modified system of 
records to read as follows:

SYSTEM NAME AND NUMBER:
    Reasonable Accommodation Program Files (RAPF) (18-03-07).

SECURITY CLASSIFICATION:
    Unclassified.

SYSTEM LOCATION:
    Office of Equal Employment Opportunity Services (OEEOS), U.S. 
Department of Education (Department), 400 Maryland Avenue SW, 
Washington, DC 20202.
    Federal Student Aid (FSA), U.S. Department of Education, 830 1st 
Street NE, Washington, DC 20002.
    Office of Inspector General (OIG), U.S. Department of Education, 
550 12th Street SW, Potomac Center Plaza, Washington, DC 20202.
    Clinical Health Services, Federal Occupational Health Program 
Support Center (FOH), U.S. Department of Health and Human Services 
(HHS), 7700 Wisconsin Avenue, Suite 7201, Bethesda, MD 20814 
(contractor).

SYSTEM MANAGER(S):
    Reasonable Accommodation Program Manager (RAPM), OEEOS, U.S. 
Department of Education, 400 Maryland Avenue SW, Washington, DC 20202.
    RAPM, FSA, U.S. Department of Education, 830 1st Street NE, 
Washington, DC 20002.
    RAPM, OIG, U.S. Department of Education, 550 12th Street SW, 
Potomac Center Plaza, Washington, DC 20202.
    Occupational Medicine Consultant, Clinical Health Services, FOH, 
HHS, 7700 Wisconsin Avenue, Suite 7201, Bethesda, MD 20814 
(contractor).

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    Rehabilitation Act of 1973, as amended (29 U.S.C. 791 et seq.) 
(Rehabilitation Act); Americans with Disabilities Act of 1990, as 
amended (ADA) (42 U.S.C. 12101 et seq.); 29 CFR parts 1614, 1630, and 
1640; Executive Order 13164 of July 26, 2000; Equal Employment 
Opportunity Commission's Policy Guidance on Executive Order 13164: 
Establishing Procedures to Facilitate the Provision of Reasonable 
Accommodation, Directives Transmittal Number 915.003, issued October 
20, 2000; title VII of the Civil Rights Act of 1964, as amended (42 
U.S.C. 2000e et seq.) (title VII); and Equal Employment Opportunity 
Commission's Compliance Manual on Religious Discrimination, Directives 
Transmittal Number 915.063, issued January 15, 2021.

PURPOSE(S) OF THE SYSTEM:
    This system of records is maintained for the purposes of: (1) 
processing, tracking the processing of, providing, and making decisions 
about reasonable accommodation requests on the basis of disability and 
religion under the Rehabilitation Act, ADA, and title VII, as 
applicable, submitted to the Department by covered individuals, to the 
extent that maintaining such records is necessary to ensure Department-
wide compliance with applicable laws and regulations while preserving 
and maintaining the confidentiality of information (e.g., medical and 
religious information) submitted in support of such requests, to the 
extent required by law; and (2) the Department's RAPMs and OEEOS staff 
developing cumulative records, without individual identifiers, to track 
the Department's performance concerning the provision of reasonable 
accommodations.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    This system contains records on the following categories of 
individuals who request a reasonable accommodation from the Department 
on the basis of a disability or religion under the Rehabilitation Act, 
ADA, or title VII, as applicable, including individuals who obtain 
leave under the Family Medical Leave Act of 1993 (FMLA) as a reasonable 
accommodation:
    (1) Current and former Department employees;
    (2) Applicants for employment at the Department;
    (3) Persons authorized to represent the foregoing covered employees 
and applicants (e.g., a family member or an attorney who is 
representing them); and
    (4) The medical providers of the foregoing covered employees and 
applicants.
CATEGORIES OF RECORDS IN THE SYSTEM:
    This system of records contains the following records pertaining to 
reasonable accommodation requests on the basis of disability and 
religion under the Rehabilitation Act, ADA, and title VII, as 
applicable, made to the Department:
    (1) Requestor's full name and contact information;
    (2) Requestor's status vis-[agrave]-vis the Department (e.g., 
employee, employment applicant);
    (3) Date of the request;
    (4) If applicable, the date, time, location, and/or description or 
title of the event, meeting, program, or activity conducted by the 
Department for which the request is made;
    (5) If applicable, the job or jobs (i.e., occupational series, 
grade level, program office, and/or position description) for which the 
request is made;
    (6) Information concerning the nature of the disability or 
religious belief and the need for a reasonable accommodation;
    (7) Amount of time taken to process the request;
    (8) Whether the request was granted, denied, or partially granted 
and denied, the identity of the deciding official, and the reason(s) 
for any denial or partial denial;
    (9) Information about whether providing the requested accommodation 
would present an undue hardship for the Department; and
    (10) Sources of technical assistance consulted in identifying a 
reasonable accommodation, including interim or alternative 
accommodations.
    Information concerning the nature of the disability or religious 
belief and the need for the requested reasonable accommodation 
includes:
    (1) Documentation submitted to the Department by the requestor or 
the requestor's representative in support of their reasonable 
accommodation request;
    (2) Type(s) and description(s) of the accommodation(s) requested;
    (3) Cost(s) and expense(s) associated with the requested 
accommodation; and
    (4) How the requested reasonable accommodation would assist in a 
requesting employee's or applicant's performance of their essential job 
duties; otherwise eliminate a barrier to equal employment opportunity 
caused by the disability or religious belief; and/or enable 
participation in a meeting, event, program, or activity conducted by 
the Department.

RECORD SOURCE CATEGORIES:
    Information in this system is provided by covered individuals, 
including current and former Department employees; applicants for 
employment at the Department; covered employees' and applicants' 
authorized representatives (e.g., a family member or an attorney who is 
representing them); and the covered employees' and applicants' medical 
providers. Information in this system also may be obtained from other 
persons or entities from whom or from which data is obtained under 
routine uses set forth below.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND PURPOSES OF SUCH USES:
    The Department may disclose individually identifiable information

[[Page 63944]]

contained in a record in this system of records under the routine uses 
listed in this system of records without the consent of the individual 
if the disclosure is compatible with a purpose for which the record was 
collected. These disclosures may be made on a case-by-case basis or, if 
the Department has complied with the computer matching requirements of 
the Privacy Act of 1974, as amended (Privacy Act) (5 U.S.C. 552a), 
under a computer matching agreement (CMA). However, any disclosure made 
by the Department of information from these records must also comply 
with any confidentiality provision that is contained in any other 
applicable Federal law, which may include section 501 of the 
Rehabilitation Act (section 501), the ADA, or title II of the Genetic 
Information Nondiscrimination Act of 2008 (GINA), 42 U.S.C. 2000ff et 
seq., and 29 CFR 1635.9. Section 501 prohibits the Department from 
discriminating against qualified applicants or employees on the basis 
of disability and further restricts how the Department must collect and 
maintain information about the medical condition or history of 
applicants and employees. Section 501 requires the Department to 
maintain such information on separate forms and in separate medical 
files, to treat it as a confidential medical record, and to disclose it 
only in very limited circumstances that do not include all of the 
routine uses listed below. 29 CFR 1630.14(b)(1), (c)(1), and (d)(1). 
See also 29 U.S.C. 791(f) (in part applying the standards under title I 
of the Americans with Disabilities Act of 1990 to section 501). GINA 
prohibits the Department from discriminating on the basis of genetic 
information in its employment decisions, requires that genetic 
information about applicants, current employees, and former employees 
be maintained on separate forms and in separate medical files, treated 
as confidential medical records, and disclosed only in very limited 
circumstances that do not include all of the routine uses listed below. 
The disclosure by the Department of any information that is protected 
by the confidentiality provision of another Federal law, such as 
section 501 or the GINA, may only be made where the disclosure would be 
permissible under both the Privacy Act and the confidentiality 
provision of such other Federal law.
    (1) Congressional Member Disclosure. The Department may disclose 
the records of an individual to a member of Congress and to their staff 
from the records of an individual in response to an inquiry from the 
member made at the written request of and on behalf of that individual. 
The member's right to the information is no greater than the right of 
the individual who requested the inquiry.
    (2) Litigation and Alternative Dispute Resolution (ADR) Disclosure.
    (a) Introduction. In the event that one of the parties listed below 
is involved in judicial or administrative litigation or ADR, or has an 
interest in such litigation or ADR, the Department may disclose certain 
records to the parties described in paragraphs (b), (c), and (d) of 
this routine use under the conditions specified in those paragraphs:
    (i) The Department or any of its components;
    (ii) Any Department employee in their official capacity;
    (iii) Any Department employee in their individual capacity if the 
U.S. Department of Justice (DOJ) has been requested to or agrees to 
provide or arrange for representation for the employee;
    (iv) Any Department employee in their individual capacity where the 
Department has agreed to represent the employee; or
    (v) The United States where the Department determines that the 
litigation is likely to affect the Department or any of its components.
    (b) Disclosure to the DOJ. If the Department determines that 
disclosure of certain records to the DOJ is relevant and necessary to 
judicial or administrative litigation or ADR, the Department may 
disclose those records as a routine use to the DOJ.
    (c) Adjudicative Disclosure. If the Department determines that 
disclosure of certain records to an adjudicative body before which the 
Department is authorized to appear, or to a person or entity designated 
by the Department or otherwise empowered to resolve or mediate 
disputes, is relevant and necessary to judicial or administrative 
litigation or ADR, the Department may disclose those records as a 
routine use to the adjudicative body, individual, or entity.
    (d) Disclosure to Parties, Counsel, Representatives, or Witnesses. 
If the Department determines that disclosure of certain records is 
relevant and necessary to judicial or administrative litigation or ADR, 
the Department may disclose those records as a routine use to a party, 
counsel, representative, or witness to the judicial or administrative 
litigation or ADR.
    (3) Enforcement Disclosure. In the event that information in this 
system of records indicates, either on its face or in connection with 
other information, a violation or potential violation of any applicable 
statute, regulation, or order of a competent authority, the Department 
may disclose the relevant records to the appropriate agency, whether 
Federal, State, Tribal or local, charged with the responsibility of 
investigating or prosecuting that violation or charged with enforcing 
or implementing the statute, Executive Order, rule, regulation, or 
order issued pursuant thereto.
    (4) Employee Grievance, Complaint, or Conduct Disclosure. If a 
record is relevant and necessary to an employee grievance, complaint, 
or disciplinary action involving a present or former employee of the 
Department, the Department may disclose a record in this system of 
records in the course of investigation, fact-finding, or adjudication 
to any party to the grievance, complaint, or action; to the party's 
counsel or representative; to a witness; or to a designated fact-
finder, mediator, or other person or entity designated to resolve 
issues or decide the matter.
    (5) Labor Organization Disclosure. The Department may disclose 
records from this system of records to an arbitrator to resolve 
disputes under a negotiated grievance procedure or to officials of 
labor organizations recognized under 5 U.S.C. chapter 71 when relevant 
and necessary to their duties of exclusive representation.
    (6) Freedom of Information Act (FOIA) and Privacy Act Advice 
Disclosure. The Department may disclose records to the DOJ or the 
Office of Management and Budget if the Department seeks advice 
regarding whether records maintained in this system of records are 
required to be disclosed under the FOIA or the Privacy Act.
    (7) Contract Disclosure. If the Department contracts with an entity 
for the purposes of performing any function that requires disclosure of 
records in this system to the employees of the contractor, the 
Department may disclose the records to those employees. As part of such 
a contract, the Department shall require the contractor to agree to 
establish and maintain safeguards to protect the security and 
confidentiality of the disclosed records.
    (8) Disclosure in the Course of Responding to a Breach of Data. The 
Department may disclose records from this system to appropriate 
agencies, entities, and persons when (a) the Department suspects or has 
confirmed that there has been a breach of the system of records; (b) 
the Department has determined that as a result of the suspected or 
confirmed breach there is

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a risk of harm to individuals, the Department (including its 
information systems, programs, and operations), the Federal Government, 
or national security; and (c) the disclosure made to such agencies, 
entities, and persons is reasonably necessary to assist in connection 
with the Department's efforts to respond to the suspected or confirmed 
breach or to prevent, minimize, or remedy such harm.
    (9) Disclosure in Assisting Another Agency in Responding to a 
Breach of Data. The Department may disclose records from this system to 
another Federal agency or Federal entity when the Department determines 
that information from this system of records is reasonably necessary to 
assist the recipient agency or entity in (a) responding to a suspected 
or confirmed breach or (b) preventing, minimizing, or remedying the 
risk of harm to individuals, the recipient agency or entity (including 
its information systems, programs, and operations), the Federal 
Government, or national security, resulting from a suspected or 
confirmed breach.
    (10) Investigative Disclosure. The Department may make disclosures 
to officials of the Merit Systems Protection Board (MSPB), the Office 
of the Special Counsel (OSC), and the Equal Employment Opportunity 
Commission (EEOC) in connection with investigations of alleged or 
possible discriminatory practices in the Federal Sector, examination of 
Federal affirmative employment programs, or compliance by Federal 
agencies with functions vested in the MSPB, OSC, or EEOC.
    (11) Disclosure to the National Archives and Records Administration 
(NARA). The Department may disclose records to the National Archives 
and Records Administration for the purpose of records management 
inspections conducted under authority of 44 U.S.C. 2904 and 2906.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    Records in this system are in hard copy (i.e., paper) and digital 
or other electronic form. Digital and other electronic images are 
stored on a storage area network on an encrypted server within a 
secured and controlled environment. Records, whether paper or 
electronic, may be stored in a separate, secure location at the 
Department's headquarters or at the program office level.
    If a Department employee requests a reasonable accommodation for a 
disability, then medical documentation supporting their reasonable 
accommodation request is kept in a confidential file, separate and 
apart from the requesting employee's Official Personnel Folder and the 
employee performance file.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    Records are retrieved by the reasonable accommodation requestor's 
name, reasonable accommodation request date, description or type of 
reasonable accommodation requested, the Department program office's 
name, and/or date or title of the meeting, event, program, or activity 
conducted by the Department for which a reasonable accommodation was 
requested.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    Records are retained and disposed of in accordance with General 
Records Schedule (GRS) 2.3, Item 010 (DAA-GRS-2018-0002-0001) and Item 
020 (DAA-GRS-2018-0002-0002). GRS 2.3, Item 010, requires destruction 
of records when three (3) years old, with longer retention authorized 
if records are required for business use. GRS 2.3, Item 020, requires 
destruction of records three (3) years after a Department employee 
separates from the Department or all appeals of a reasonable 
accommodation decision have been concluded, whichever occurs later, 
with longer retention authorized if records are required for business 
use.

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    All physical access to the Department's sites, and the site of the 
Department's contractor, where this system of records is also 
maintained, is controlled and monitored by security personnel who check 
each individual entering the building for the individual's employee or 
visitor badge. The computer systems employed by the Department offer a 
high degree of resistance to tampering and circumvention. These 
security systems limit data access to Department and contract staff on 
a ``need to know'' basis and control individual users' ability to 
access and alter records within the system. Direct access to this 
system of records is limited to Reasonable Accommodation Program staff 
or Department employees who have a need to know the data for the 
performance of their official duties, and who have appropriate 
clearances and permissions.

RECORD ACCESS PROCEDURES:
    If you wish to gain access to a record regarding you in this system 
of records, contact the system manager at the address listed above. You 
must provide the system manager with the necessary particulars such as 
your full, legal name, date of birth, work address, and any other 
identifying information requested by the Department while processing 
the request in order to distinguish between individuals with the same 
name. Requesters must also specify, among other things, the records 
sought. Your request must meet the requirements of the regulations at 
34 CFR 5b.5, including proof of identity.

CONTESTING RECORD PROCEDURES:
    If you wish to contest the content of a record regarding you in 
this system of records, contact the system manager at the address 
listed above. You must provide your full, legal name, and any other 
identifying information requested by the Department while processing 
the request to distinguish between individuals with the same name. You 
must also specify, among other things, the particular records being 
contested. Your request must meet the requirements of the regulations 
at 34 CFR 5b.7.

NOTIFICATION PROCEDURES:
    If you wish to determine whether a record exists regarding you in 
this system of records, contact the system manager at the address 
listed above. You must provide the system manager with the necessary 
particulars such as your full, legal name, date of birth, work address, 
and any other identifying information requested by the Department while 
processing the request to distinguish between individuals with the same 
name. Your request must meet the requirements of the regulations at 34 
CFR 5b.5, including proof of identity.

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    None.

HISTORY:
    The system of records notice entitled the ``Reasonable 
Accommodation Program Files'' (RAPF) (18-03-07) was last published in 
full in the Federal Register on June 17, 2022 (87 FR 36477).

[FR Doc. 2023-20138 Filed 9-15-23; 8:45 am]
BILLING CODE 4000-01-P