[Federal Register Volume 87, Number 5 (Friday, January 7, 2022)]
[Notices]
[Pages 921-924]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-28547]


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DEPARTMENT OF AGRICULTURE

[Docket No. USDA-2022-0001]


Privacy Act of 1974; New System of Records

AGENCY: Office of the Assistant Secretary for Civil Rights, Department 
of Agriculture.

ACTION: Notice of a new system of records.

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SUMMARY: Pursuant to the Privacy Act of 1974 and Office of Management 
and Budget (OMB) Circular No. A-108, notice is hereby given that the 
Office of the Assistant Secretary for Civil Rights (OASCR), a component 
within the United States Department of Agriculture (USDA or ``the 
Department''), proposes to develop a new system of records notice 
titled, ``USDA Reasonable Accommodations and Personal Assistance 
Services (RAPAS).'' USDA/RAPAS-01 proposes to establish this system of 
records to allow USDA and its mission areas and agencies to collect and 
maintain records on: Applicants for employment who have disabilities; 
individuals with disabilities to facilitate their participation in a 
USDA program or activity, including attendance at a meeting, training, 
conference or other

[[Page 922]]

USDA-sponsored event at either a USDA facility or outside USDA 
employees who seek accommodations to allow them to perform the 
essential functions of their job; employees with disabilities who 
request or receive reasonable accommodation as required by the 
Department as the Rehabilitation Act of 1973 and the Americans with 
Disabilities Act, as amended by the Americans with Disabilities 
Amendment Act of 2008 (ADAAA); individuals who receive accommodations 
under the Family Medical Leave Act, and individuals who request or 
receive accommodations under Title VII of the Civil Rights Act of 1964. 
Another purpose of this system is to track and report the processing of 
USDA-wide requests for reasonable accommodation while ensuring 
compliance with applicable laws and regulations, including 
confidentiality requirements protecting information individuals submit 
in support of accommodation requests.

DATES: In accordance with 5 U.S.C. 552a(e)(4) and (11), this notice is 
effective upon publication, subject to a 30-day period in which to 
comment on the routine uses, described below.

ADDRESSES: The public, OMB, and Congress are invited to submit any 
comments by mail to the United States Department of Agriculture, 
Privacy Office, ATTN: Privacy Analyst, 1400 Independence Ave. SW, 
Washington, DC 20250; by telephone at 202-384-5026; or by email at 
SM.OCIO.CIO.UsdaPrivacy.

FOR FURTHER INFORMATION CONTACT: Sullie Coleman, Chief Privacy Officer, 
1400 Independence Ave. SW, Washington, DC 20250, 202-604-0467.

SUPPLEMENTARY INFORMATION: This system of records covers information 
necessary and relevant to USDA activities providing reasonable 
accommodation (RA) to qualified employees and applicants with 
disabilities, personal assistance services (PAS) to employees with 
targeted disabilities, and qualified people with disabilities an equal 
opportunity to obtain and successfully perform a job to the same extent 
as employees without disabilities, and enjoy the benefits and 
privileges of employment.
    USDA is establishing ``USDA Reasonable Accommodations (RA) and 
Personal Assistance Services (PAS).'' USDA/RAPAS-01, as a USDA-wide 
Privacy Act system of records. A USDA-wide system of records notice 
(SORN) will support multiple USDA paper or electronic recordkeeping 
systems. USDA components maintaining the same kind of information on 
individuals for the same purpose maintain the system. The establishment 
of a USDA-wide SORN helps USDA standardize the rules governing the 
collection, maintenance, use, and sharing of personal information in 
key areas across the department. A USDA-wide SORN also reduce 
duplicative and overlapping SORNs published by separate USDA 
components. The creation of USDA/RAPAS-01 SORN is expected to make 
locating relevant SORN easier for USDA personnel and the public and 
create efficiencies in the operation of the USDA privacy program.
    This SORN describes reasonable accommodation and assistive 
technology records maintained by all component parts of the USDA, 
wherever they are maintained. The system covers both electronic and 
paper records and will be used by USDA components and offices to 
maintain records about accommodations based on disability requested by 
or provided to employees and applicants for employment and participants 
in USDA programs and activities. The Rehabilitation Act of 1973, as 
amended, generally requires Federal agencies to provide accommodations 
which enable individuals with disabilities to perform USDA employment 
and participate in USDA programs and activities, unless such 
accommodation would impose an undue burden.

SYSTEM NAME AND NUMBER:
    USDA Reasonable Accommodations (RA) and Personal Assistance 
Services (PAS).'' USDA/RAPAS-01.

SECURITY CLASSIFICATION:
    Controlled Unclassified Information.

SYSTEM LOCATION:
    The agency, U.S. Department of Agriculture, address is 1400 
Independence Ave. SW, Washington, DC 20250. RA and PAS records are 
located in personnel or designated Reasonable Accommodation Coordinator 
offices in the mission areas, agencies or staff offices in which the 
reasonable accommodation requests were filed.

SYSTEM MANAGER:
    Contact information of the agency official who is responsible for 
this system is the Office of the Assistant Secretary for Civil Rights 
(OASCR), 1400 Independence Ave. SW, Washington, DC 20250, (202) 720-
3808.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    The Rehabilitation Act of 1973, Sec. Sec.  501 and 504, Public Law 
93-112, as amended; the Americans with Disabilities Act of 1990, Public 
Law 101-336 (1990), as amended by the ADA Amendments Act of 2008 
(ADAA), Public Law 110-325 (2009); Title VII of the Civil Rights Act of 
1964, Public Law 88-352, as amended; and the Family and Medical Leave 
Act of 1993, Public Law 103-3 (1993), as amended; Executive Order 13164 
(July 28, 2000); and Executive Order 13548 (July 26, 2010); Executive 
Order 14042 (September 09, 2021); and Executive Order 14043 (September 
09, 2021).

PURPOSE(S) OF THE SYSTEM:
    The purpose of this system is to allow USDA's mission areas, 
agencies or staff offices, to collect and maintain records on 
individuals who seek or receive accommodations to facilitate their 
participation in USDA RA program or activity, their attendance at a 
meeting, training, conference or event at a USDA facility or sponsored 
by USDA, and employees and applicants for employment who request or 
receive reasonable accommodation by the Department under the 
Rehabilitation Act of 1973, as amended, the Americans with Disabilities 
Act of 1990, as amended by the ADAAA, and Title VII of the Civil Rights 
Act of 1964, as amended. Additionally, this system allows USDA to 
collect records related to leave requests under the Family and Medical 
Leave Act of 1993, including accommodation requests and information. 
Another purpose of this system is to track and report the processing of 
requests for reasonable accommodation USDA-wide to comply with 
applicable laws and regulations and to preserve and maintain the 
confidentiality of the information provided in support of the 
accommodation request.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Categories of individuals covered by this system include applicants 
for employment and employees who request or receive reasonable 
accommodations under: The Rehabilitation Act of 1973, Public Law 93-
112, as amended, the Americans with Disabilities Act of 1990, Public 
Law 101-336 (1990), as amended by the Americans with Disabilities Act 
Amendments Act of 2008 (ADAA); Title VII of the Civil Rights Act of 
1964, Public Law 88-352, as amended; and employees who request leave 
under the Family and Medical Leave Act of 1993 (FMLA), Public Law 103-3 
(1993), as amended.
    This also includes participants in USDA programs and activities, 
non-Federal County Office (CO) employees in the Farm Service Agency 
(FSA) and

[[Page 923]]

elected or appointed FSA County and State Committee members, visitors 
at USDA facilities (and USDA-sponsored events at other facilities), and 
authorized individuals or representatives (e.g., family member or 
attorney) who request a reasonable accommodation on behalf of an 
applicant for employment or employee. It also includes current 
employees who request or receive and former employees who requested or 
received a reasonable accommodation or leave (under FMLA) during their 
employment with USDA.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Requestor's status (applicant or anybody who identifies or 
recognizes the need for an accommodation at a USDA facility);
    <bullet> First, middle, and last name of the person who requires 
the accommodation;
    <bullet> Address, phone number, and email address of the person who 
requires the accommodation;
    <bullet> Date of request;
    <bullet> Meeting or other event for which the request was made 
(room number, date and time of the meeting/event);
    <bullet> Program or activity for which the request was made;
    <bullet> Job (occupational series, grade level, and bureau or 
office) for which reasonable accommodation was requested; and
    <bullet> Information concerning the nature of the disability and/or 
the need for accommodation, including appropriate medical or other 
documentation when the disability and/or need for accommodation is not 
obvious or the accommodation cannot be easily provided with little 
effort or expense.
    Information concerning the nature of the disability and/or need for 
accommodation includes:
    <bullet> Medical documentation provided by the requester or at the 
requestor's direction or request (e.g., by a representative or the 
individual's healthcare provider) as required to substantiate an 
individual's disability or need to care themself or a family member 
(medical documentation supporting the reasonable accommodation request 
must be kept in a confidential file separate and apart from the 
requestor's Official Personnel Folder, Employee Performance File, or 
drop file);
    <bullet> Information related to employees and their family members, 
including, but not limited to, first, middle, and last name, 
relationship to the employee, as required to substantiate need to care 
for a new child, recover from a serious illness, or care for a 
seriously ill family member.
    <bullet> Type(s) of accommodation(s) requested or received;
    <bullet> Request approvals and denials notice of procedures for 
informal dispute resolution or appeal processes, forms, correspondence, 
records of oral conversations, policy guidance documents, and 
supporting notes and documentation.
    <bullet> Expense(s) information associated with the requested 
accommodation;
    <bullet> Information about a requestor's religious beliefs, 
voluntarily provided by the requestor in support of a request for 
accommodation or exemption from a requirement or penalty;
    <bullet> Whether the request came from someone planning to visit a 
USDA facility;
    <bullet> Whether an accommodation requested or provided occurred 
pre- employment, during current or former employment or for a 
particular event;
    <bullet> How the requested accommodation would assist in job 
performance, participation in a USDA program or activity, or attendance 
at a USDA-sponsored meeting or event;
    <bullet> The amount of time taken to process the request;
    <bullet> Whether the request was granted or denied and reason; and
    <bullet> The sources of technical assistance consulted in trying to 
identify a possible reasonable accommodation.

RECORD SOURCE CATEGORIES:
    Information is obtained from applicants for employment with 
disabilities as well as employees with disabilities, employees seeking 
leave under FMLA, participants in USDA programs and activities, 
visitors at USDA facilities, and authorized individuals or 
representatives (e.g., family member or attorney) who requested or 
received reasonable accommodations from USDA's mission areas, agencies 
or staff offices as required by the Rehabilitation Act of 1973, the 
ADAAA, and Title VII of the Civil Rights Act, as amended.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND PURPOSES OF SUCH USES:
    In addition to those disclosures generally permitted under the 
Privacy Act of 1974, 5 U.S.C. 552a(b), records and/or information or 
portions thereof maintained as part of this system may be disclosed 
outside USDA as a routine use pursuant to 5 U.S.C. 552a(b)(3) as 
follows:
    (1) To the United States Department of Justice (``DOJ''), for the 
purpose of representing or providing legal advice to the Department in 
a proceeding before a court, adjudicative body, or other administrative 
body before which the Department is authorized to appear, when such 
proceeding involves:
    (a) The Department or any component thereof;
    (b) Any employee of the Department in his or her official capacity;
    (c) Any employee of the Department in his or her individual 
capacity where DOJ or the Department has agreed to represent the 
employee; or
    (d) The United States, when the Department determines that 
litigation is likely to affect the Department or any of its components; 
and the use of such records by the DOJ is deemed by the DOJ or the 
Department to be relevant and necessary to the litigation.
    (2) To an appropriate federal, state, tribal, local, international, 
or foreign law enforcement agency or other appropriate authority 
charged with investigating or prosecuting a violation or enforcing or 
implementing a law, rule, regulation, or order, where a record, either 
on its face or in conjunction with other information, indicates a 
violation or potential violation of law, which includes criminal, 
civil, or regulatory violations;
    (3) To a Congressional office in response to an inquiry made at the 
request of the individual to whom the record pertains;
    (4) To the National Archives and Records Administration Archivist 
(or the Archivist's designee) pursuant to records management 
inspections being conducted under the authority of 44 U.S.C. 2904 and 
2906;
    (5) To appropriate agencies, entities, and person when (1) the 
Department of Agriculture and/or Office of the Assistant Secretary for 
Civil Rights suspects or has confirmed that there has been a breach of 
the system of records; (2) the Department of Agriculture and/or Office 
of the Assistant Secretary for Civil Rights has determined that as a 
result of the suspected or confirmed breach there is a risk of harm to 
individuals, the Department of Agriculture and/or Office of the 
Assistant Secretary for Civil Rights (including its information 
systems, programs, and operations), the Federal Government, or national 
security; and (3) the disclosure made to such agencies, entities, and 
persons is reasonably necessary to assist in connection with the 
Department of Agriculture's and/or of the Assistant Secretary for Civil 
Rights efforts to respond to the suspected or confirmed breach or to 
prevent, minimize, or remedy such harm;
    (6) To another Federal agency or Federal entity, when the 
Department of the Treasury and/or the Office of Civil

[[Page 924]]

Rights and Diversity determines that information from this system of 
records is reasonably necessary to assist the recipient agency or 
entity in (1) responding to a suspected or confirmed breach or (2) 
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;
    (7) To medical personnel to meet a bona fide medical emergency;
    (8) To an authorized appeal grievance examiner, formal complaints 
examiner, administrative judge, equal employment opportunity 
investigator, arbitrator or other duly authorized official engaged in 
investigation or settlement of a grievance, complaint or appeal filed 
by an employee;
    (9) To an actual or potential party to litigation or the party's 
authorized representative for the purpose of negotiation or discussion 
on such matters as settlement, plea bargaining, or in information 
discovery proceedings; and
    (10) To contractors, grantees, experts, consultants, students, 
interns, and others performing or working on a contract, service, 
grant, cooperative agreement, or other assignment for the federal 
government, when necessary to accomplish an agency function related to 
this system of records.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    Records in this system are on paper and/or in digital or other 
electronic form. Digital and other electronic images are stored on a 
storage area network in a secured environment. Records, whether paper 
or electronic, may be stored in a separate, secure location at the USDA 
Headquarters or at the mission area, agency or staff office level.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    Records may be retrieved by name of the requester, employing 
mission area, agency or staff office, or any unique identifier to the 
request if applicable.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    To the extent applicable, to ensure compliance with Americans with 
Disabilities Act (ADA) and the Rehabilitation Act, medical information 
must be ``maintained on separate forms and in separate medical files 
and be treated as a confidential medical record.'' 42 U.S.C. 
12112(d)(3)(B). This means that medical information and documents must 
be stored separately from other personnel records. As such, the 
Department must keep medical records for at least one year from 
creation date. 29 CFR 1602.14. Further, records compiled under this 
SORN will be maintained in accordance with NARA General Records 
Schedule (GRS) 2.7, Items 010, 070 or 080, and NARA records retention 
schedules DAA-GRS2017-0010-0001, DAA-GRS2017-0010-0012, and DAA-
GRS2017-0010-0013, to the extent applicable.

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    The Department safeguards records in this system according to 
applicable rules and polices, including all applicable USDA automated 
systems security and access policies. The Department has imposed strict 
controls to minimize the risk of compromising the information that is 
being stored. Paper records are maintained in a secure, access-
controlled room, with access limited to authorized personnel.

RECORD ACCESS PROCEDURES:
    All requests for access to records must be in writing and should be 
addressed to the USDA Departmental FOIA Office, ATTN: Departmental FOIA 
Officer, 1400 Independence Avenue SW, South Building, Room 4104, 
Washington, DC 20250-0706, Email: <a href="/cdn-cgi/l/email-protection#d98c8a9d989f96909899b6bab0b6f7e5b8f9b1abbcbfe4" http: usda.gov">usda.gov</a>">USDAFOIA@ocio.usda.gov</a>. The envelope 
and letter should be clearly marked ``Privacy Act Access Request.'' The 
request must describe the records sought in sufficient detail to enable 
Department personnel to locate them with a reasonable amount of effort. 
The request must include a general description of the records sought 
and must include the requester's full name, current address, and date 
and place of birth. The request must be signed and either notarized or 
submitted under penalty of perjury. Additional details on procedures 
for access under the Privacy Act can be found in USDA Department 
Regulation 3515-002 Privacy Policy and Compliance for Personally 
Identifiable Information (PII) or at Privacy Policy and Compliance for 
Personally Identifiable Information (PII) (usda.gov).

CONTESTING RECORD PROCEDURES:
    Individuals seeking to contest or amend records maintained in this 
system of records must direct their requests to the address indicated 
in the ``RECORD ACCESS PROCEDURES'' paragraph, above. All requests to 
contest or amend records must be in writing and the envelope and letter 
should be clearly marked ``Privacy Act Amendment Request.'' All 
requests must state clearly and concisely what record is being 
contested, the reasons for contesting it, and the proposed amendment to 
the record. Additional details on procedures for contesting or amending 
records under the Privacy Act can be found in USDA Department 
Regulation 3515-002 Privacy Policy and Compliance for Personally 
Identifiable Information (PII) or at Privacy Policy and Compliance for 
Personally Identifiable Information (PII) (usda.gov).

NOTIFICATION PROCEDURES:
    Individuals may be notified if a record in this system of records 
pertains to them when the individuals request information utilizing the 
same procedures as those identified in the ``RECORD ACCESS PROCEDURES'' 
paragraph, above.

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    None.

HISTORY:
    None.

Sullie Coleman,
Chief Privacy Officer, United States Department of Agriculture.
[FR Doc. 2021-28547 Filed 1-6-22; 8:45 am]
BILLING CODE 3410-90-P


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