[Federal Register Volume 84, Number 130 (Monday, July 8, 2019)]
[Notices]
[Pages 32456-32460]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-14469]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9995-16-0MS]


Privacy Act of 1974; System of Records

AGENCY: Office of Mission Support, Environmental Protection Agency 
(EPA).

ACTION: Notice of a New System of Records.

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[[Page 32457]]

SUMMARY: The U.S. Environmental Protection Agency's (EPA) Office of the 
Administrator is giving notice that it proposes to publish a system of 
records pursuant to the provisions of the Privacy Act of 1974. The 
Reasonable Accommodation Management System (RAMS) will support the 
Agency's Reasonable Accommodation program as required by the Equal 
Employment Opportunity Commission (EEOC) and in compliance with the 
requirements of Executive Order 13164. The EEOC requires federal 
agencies to process requests by employees for reasonable accommodations 
that enable a person with a disability to apply for a job, perform job 
duties, and/or enjoy the benefits and privileges of employment. The 
documentation required to process theses requests will contain 
personally identifiable information (PII).

DATES: Persons wishing to comment on this system of records notice must 
do so by August 7, 2019. If no comments are received by the end of the 
comment period, this system of records will become effective on August 
7, 2019.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OEI-2017-0536 by one of the following methods:
    Regulations.gov: www.regulations.gov. Follow the online 
instructions for submitting comments.
    Email: [email protected].
    Fax: 202-566-1752.
    Mail: OEI Docket, Environmental Protection Agency, Mailcode: 2822T, 
1200 Pennsylvania Ave. NW, Washington, DC 20460.
    Hand Delivery: OEI Docket, EPA/DC, WJC West Building, Room 3334, 
1301 Constitution Ave. NW, Washington, DC. Such deliveries are only 
accepted during the Docket's normal hours of operation, and special 
arrangements should be made for deliveries of boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-OEI-
2017-0536. The EPA's policy is that all comments received will be 
included in the public docket without change and may be made available 
online at www.regulations.gov, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information for which 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through www.regulations.gov. 
The www.regulations.gov website is an ``anonymous access'' system for 
EPA, which means the EPA will not know your identity or contact 
information unless you provide it in the body of your comment. Each 
agency determines submission requirements within their own internal 
processes and standards. EPA has no requirement of personal 
information. If you send an email comment directly to the EPA without 
going through www.regulations.gov your email address will be 
automatically captured and included as part of the comment that is 
placed in the public docket and made available on the internet. If you 
submit an electronic comment, the EPA recommends that you include your 
name and other contact information in the body of your comment. If the 
EPA cannot read your comment due to technical difficulties and cannot 
contact you for clarification, the EPA may not be able to consider your 
comment. Electronic files should avoid the use of special characters, 
any form of encryption, and be free of any defects or viruses. For 
additional information about the EPA's public docket visit the EPA 
Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.
    Docket: All documents in the docket are listed in the 
www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
for which disclosure is restricted by statute. Certain other material, 
such as copyrighted material, will be publicly available only in hard 
copy. Publicly available docket materials are available either 
electronically in www.regulations.gov or in hard copy at the OEI 
Docket, EPA/DC, WJC West Building, Room 3334, 1301 Constitution Ave. 
NW, Washington, DC. The Public Reading Room is open from 8:30 a.m. to 
4:30 p.m., Monday through Friday excluding legal holidays. The 
telephone number for the Public Reading Room is (202) 566-1744, and the 
telephone number for the OEI Docket is (202) 566-1752.

FOR FURTHER INFORMATION CONTACT: Kristin Tropp, (202) 559-0006 or 
[email protected] and/or Amanda Sweda, (202) 566-0678 or 
[email protected].

SUPPLEMENTARY INFORMATION: The U.S. Environmental Protection Agency 
(EPA) proposes to publish a Privacy Act system of records for the 
Reasonable Accommodation Management System (RAMS). The RAMS is an 
information management and reporting system for internal use by the 
National Reasonable Accommodation Program. The information collected in 
the RAMS is required by the Equal Employment Opportunity Commission 
(EEOC) under Section 501 of the Rehabilitation Act and in order for the 
Agency to comply with Executive Order 13164 and EEOC Management 
Directive 715 (MD 715). Requestors of reasonable accommodations provide 
information that includes PII to the National Reasonable Accommodation 
Coordinator (NRAC) or Assistant National Reasonable Accommodation 
Coordinator (ANRAC) in EPA's Office of Civil Rights (OCR), a Local 
Reasonable Accommodation Coordinator (LORAC), or the requestor's 
manager so that a determination on disability status can be made. PII 
contained in RAMS will include name, date of birth, medical 
documentation, and general categories of type of accommodation 
(telework, workplace modification, flexible schedule, assistive 
technology, interpreter services).
    The NRAC, ANRAC, LORAC will have access to the records in RAMS, 
which can only be logged onto using the employee PIV card and 
passwords. The RAMS contractors provide infrastructure services 
including supporting hardware and software, internet gateway 
communications security, system administration, and system and 
application security services but do not collect, maintain or access 
the records in RAMS. The physical environment includes access 
restricted by on-site security and employee badge requirements for RAMS 
contractors.

SYSTEM NAME AND NUMBER:
    Reasonable Accommodation Management System (RAMS) EPA-73.

SECURITY CLASSIFICATION:
    Unclassified.

SYSTEM LOCATION:
    Office of the Administrator, Office of Civil Rights, US EPA, 1200 
Pennsylvania Avenue NW, Washington, DC 20004.

SYSTEM MANAGER(S):
    Amanda Sweda, (202) 566-0678 or [email protected], National 
Reasonable Accommodation Coordinator, Office of Civil Rights, 1200 
Pennsylvania Avenue NW, Washington, DC 20004.
    Kristin Tropp, (202) 559-0006 or [email protected], Assistant 
National Reasonable Accommodation Coordinator, Office of Civil Rights, 
1200 Pennsylvania Avenue NW, Washington, DC 20004.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    The Rehabilitation Act of 1973; 501 and 504; the Americans with 
Disabilities Act Amendments Act of 2008 (Pub. L. 110-325 (ADAAA); 
Executive Order 13164 (July 28, 2000);

[[Page 32458]]

and Executive Order 13548 (July 26, 2010).

PURPOSE(S) OF THE SYSTEM:
    The primary purpose of the RAMS is to allow EPA to collect and 
maintain reasonable accommodation records on applicants for employment 
as well as current employees who request or receive reasonable 
accommodation(s) from EPA under the Rehabilitation Act of 1973 and the 
ADAAA. These records document when and what was asked for as a 
reasonable accommodation and what was approved or denied as a 
reasonable accommodation. The records may include required medical 
documentation and a determination of disability letter stating whether 
the individual is a person with a disability. The system will also be 
used to track processing of requests for reasonable accommodations only 
to the extent necessary to ensure EPA-wide compliance with applicable 
laws and regulations while preserving and maintaining the 
confidentiality and privacy of all information provided in support of 
accommodation request.
    The Rehabilitation Act and the ADAAA require federal agencies to 
provide reasonable accommodations to qualified applicants for 
employment and employees with disabilities if known or requested unless 
the accommodation would impose an undue hardship on the agency. The 
Rehabilitation Act requires federal agencies to provide reasonable 
accommodations or modifications to allow participation by persons with 
disabilities in agency programs or activities. Reasonable 
Accommodations are modifications or adjustments that will allow 
applicants and employees to apply for a job, perform job duties, and/or 
enjoy the benefits and privileges of employment. Reasonable 
accommodations may include: (1) Making existing facilities readily 
accessible to and usable by individual with disabilities; (2) job 
restructuring, modification of work schedules or place of work, 
extended leave, telecommuting, or reassignment to a vacant position; 
(3) acquisition or modification of equipment or devices, including 
computer software and hardware, appropriate adjustments or 
modifications of examinations, training materials or policies, the 
provision of qualified readers and/or interpreters, personal assistants 
that enable the individual to perform his or her job duties and enjoy 
the benefits and privileges of employment, and other similar 
accommodations; and/or (4) providing interpreters, large print 
programs, or other accommodations for EPA events or activities open to 
employees, applicants, and/or the public.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    All employees and applicants for employment at the United States 
Environmental Protection Agency who request a reasonable accommodation.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Email correspondence, determination of disability letter(s), 
medical information (if provided), Appendix A Applicant Confirmation of 
Request for RA; Appendix B Employee Confirmation of Request for RA 
(AFGE); Appendix B Confirmation of Request for Reasonable Accommodation 
Form (Non-AFGE); Appendix C Denial of Reasonable Accommodation Request 
Form (Non-AFGE); Appendix D RA Information Reporting (AFGE); Appendix D 
Reasonable Accommodation Information Reporting Form (Non-AFGE); 
Appendix E Limited Medical Privacy Release Form (AFGE); Appendix F 
Final RA Decision (AFGE); Authorization to Receive and Review 
Documentation for Reasonable Accommodation (Non-AFGE). Specific data 
elements are: Employee or applicant name, mail code address, work 
phone, work email address, office name, occupational series, pay grade, 
bargaining unit, accommodation requested, request date, determination 
date, determination method, explanation of method, status, decision-
making official name and title, disability status, medical information 
request tracking data, medical information recipient name, medical 
information release form and related tracking data, data concerning 
communication of decisions, accommodation offer notification and 
related comments, the date that the reasonable accommodation request 
was made, and the status of the request.

RECORD SOURCE CATEGORIES:
    Information is obtained from employees and applicants for 
employment who requested reasonable accommodation(s) under the 
Rehabilitation Act of 1973 and the ADAAA from the EPA.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND PURPOSES OF SUCH USES:
    EPA General routine uses A, B, C, F, I, J, K apply to this system. 
(73 FR 2245) The information collected in the RAMS will be used in a 
manner that is compatible and consistent with the purposes for which 
the information has been collected. Information from this system of 
records may be disclosed for the following EPA General routine uses (73 
FR 2245):
    A. Information may be disclosed to the appropriate Federal, State, 
local, tribal, or foreign agency responsible for investigating, 
prosecuting, enforcing, or implementing a statute, rule, regulation, or 
order, if the information is relevant to a violation or potential 
violation of civil or criminal law or regulation within the 
jurisdiction of the receiving entity.
    B. Information may be disclosed to any source from which additional 
information is requested (to the extent necessary to identify the 
individual, inform the source of the purpose of the request, and to 
identify the type of information requested,) when necessary to obtain 
information relevant to an agency decision concerning retention of an 
employee or other personnel action (other than hiring,) retention of a 
security clearance, the letting of a contract, or the issuance or 
retention of a grant, or other benefit.
    C. Disclosure may be made to a Federal, State, local, foreign, or 
tribal or other public authority of the fact that this system of 
records contains information relevant to the retention of an employee, 
the retention of a security clearance, the letting of a contract, or 
the issuance or retention of a license, grant, or other benefit. The 
other agency or licensing organization may then make a request 
supported by the written consent of the individual for the entire 
record if it so chooses. No disclosure will be made unless the 
information has been determined to be sufficiently reliable to support 
a referral to another office within the agency or to another Federal 
agency for criminal, civil, administrative, personnel, or regulatory 
action.
    F. Information may be disclosed to the Department of Justice, or in 
a proceeding before a court, adjudicative body, or other administrative 
body before which the Agency is authorized to appear, when:
    1. The Agency, or any component thereof;
    2. Any employee of the Agency in his or her official capacity;
    3. Any employee of the Agency in his or her individual capacity 
where the Department of Justice or the Agency have agreed to represent 
the employee; or
    4. The United States, if the Agency determines that litigation is 
likely to affect the Agency or any of its components, is a party to 
litigation or has an interest in such litigation, and the use of such 
records by the Department of Justice or the Agency is

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deemed by the Agency to be relevant and necessary to the litigation 
provided, however, that in each case it has been determined that the 
disclosure is compatible with the purpose for which the records were 
collected.
    I. Information from this system of records may be disclosed to an 
authorized appeal grievance examiner, formal complaints examiner, equal 
employment opportunity investigator, arbitrator or other person 
properly engaged in investigation or settlement of an administrative 
grievance, complaint, claim, or appeal filed by an employee, but only 
to the extent that the information is relevant and necessary to the 
proceeding. Agencies that may obtain information under this routine use 
include, but are not limited to, the Office of Personnel Management, 
Office of Special Counsel, Merit Systems Protection Board, Federal 
Labor Relations Authority, Equal Employment Opportunity Commission, and 
Office of Government Ethics.
    J. Information from this system of records may be disclosed to the 
Office of Personnel Management pursuant to that agency's responsibility 
for evaluation and oversight of Federal personnel management.
    K. Information from this system of records may be disclosed in 
connection with litigation or settlement discussions regarding claims 
by or against the Agency, including public filing with a court, to the 
extent that disclosure of the information is relevant and necessary to 
the litigation or discussions and except where court orders are 
otherwise required under section (b)(11) of the Privacy Act of 1974, 5 
U.S.C. 552a(b)(11).
    Records may also be disclosed to:
    Appropriate agencies, entities, and persons when (1) the Agency 
suspects or has confirmed that there has been a breach of the system of 
records, (2) the Agency has determined that as a result of the 
suspected or confirmed breach there is a risk of harm to individuals, 
the Agency (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 Agency's efforts to respond 
to the suspected or confirmed breach or to prevent, minimize, or remedy 
such harm.
    Another Federal agency or Federal entity, when the Agency 
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.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    The paper records are maintained in locked file cabinets inside of 
a locked office located in the Office of Civil Rights, 1200 
Pennsylvania Ave. NW, Washington, DC 20004. RAMS is currently hosted at 
a FedRAMP certified Cloud Service Provider location at the contractor's 
facility in Ashburn, VA 20147. Users access the RAMS system via the 
internet. The files stored in RAMS are accessed by the authorized users 
accessing RAMS content hosted on a secure external server and website 
from their PC client Web browsers.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    These records are retrieved by the individual's name, or a case 
number which is assigned by the system when the request is first 
entered into RAMS, and office/region.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    Records stored in this system are subject to EPA records schedule 
number (EPA 0068), Reasonable accommodation Request Records. A records 
schedule provides mandatory instructions on how long to keep records 
(retention) and when they can be disposed. Reasonable accommodation 
records are retained until three years after an employee separates from 
EPA or three years after an applicant made the request if they are not 
hired.

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    Computer-stored information is protected in accordance with the 
Agency's Chief Information Officer (CIO) 2150.3 Environmental 
Protection Agency Information Security Policy and procedures.
    [cir] Access to RAMS is limited to authorized users only. 
Authorized users include the NRAC, ANRAC, and LORACs. LORACs have 
limited access to data that is associated with their respective region 
or office.
    [cir] RAMS master administrators are the NRAC and ANRAC and control 
user access to system functionality and data by assigning system roles 
and permissions. A ``permission'' is a rule that regulates which users 
have access to what function or data and in what manner. The Master 
Administrators assign each user (the LORACs) a role which determines 
what type of data they can access and then assigns them areas of the 
Agency they can see that data for. The Master Administrators limit 
individual access to only the information for which the individual 
LORAC has a need to know.
    [cir] The RAMS contractor is a contractor to EPA that supports the 
RAMS information management and reporting system. The contractor is 
subject to the Federal Acquisition Regulations (FAR) Privacy Act 
clauses in its contract with EPA.
    [cir] The RAMS contractor provides a fully managed support 
infrastructure service including supporting hardware and software, 
internet gateway communications security, system administration, and 
system and application security services. The RAMS contractor does not 
access the actual files collected and maintained by the NRAC, ANRAC, or 
LORACs. The physical environment includes access restricted by on-site 
security and employee badge requirements.
    [cir] The system safeguards the data from access by those not 
authorized to access it, limiting its access to only employees who have 
a business need to access it and perform the duties of their assigned 
jobs. The system links to no other system and the data is not shared 
externally.
    [cir] All physical reasonable accommodation files are kept 
confidential and maintained in the Office of Civil Rights, in secure, 
locked cabinets. Only the NRAC and ANRAC have access to these files. 
Employees/manager who obtain or receive such information (medical 
information, determination of disability letters with functional 
limitations described) are strictly bound by confidentiality 
requirements. Whenever information on an employee with a reasonable 
accommodation is disclosed, the individual disclosing the information 
must inform the recipients of their continuing confidentiality 
obligations.

RECORD ACCESS PROCEDURES:
    Individuals seeking access to information in this system of records 
about themselves are required to provide adequate identification (e.g., 
driver's license, military identification card, employee badge or 
identification card). Additional identity verification procedures may 
be required, as warranted. Requests must meet the requirements of EPA 
regulations that implement the Privacy Act of 1974, at 40 CFR part 16.

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CONTESTING RECORD PROCEDURES:
    Requests for correction or amendment must identify the record to be 
changed and the corrective action sought. Complete EPA Privacy Act 
procedures are described in EPA's Privacy Act regulations at 40 CFR 
part 16.

NOTIFICATION PROCEDURE:
    Any individual who wants to know whether this system of records 
contains a record about him or her, who wants access to his or her 
record, or who wants to contest the contents of a record, should make a 
written request to the EPA National Privacy Program Attn: Agency 
Privacy Officer, MC 2831T, 1200 Pennsylvania Ave. NW, Washington, DC 
20460.

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    None.

HISTORY:
    None.

    Dated: June 5, 2019.
Vaughn Noga,
Senior Agency Official for Privacy.
[FR Doc. 2019-14469 Filed 7-5-19; 8:45 am]
 BILLING CODE 6560-50-P