[Federal Register Volume 87, Number 98 (Friday, May 20, 2022)]
[Notices]
[Pages 31058-31061]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-10848]


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DEPARTMENT OF VETERANS AFFAIRS


Privacy Act of 1974; System of Records

AGENCY: Department of Veterans Affairs (VA), Office of Resolution 
Management, Diversity and Inclusion (ORMDI).

ACTION: Notice of a new system of records.

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SUMMARY: Office of Resolution Management, Diversity and Inclusion 
(ORMDI) at the Department of Veterans Affairs (VA) is establishing a 
new System of Records, entitled Diversity and Equal Employment 
Opportunity (EEO) Program Records (203VA08), to manage and execute the 
Equal Employment Opportunity (EEO) Program, Harassment Prevention 
Program (HPP), Reasonable Accommodation/Personal Assistance Services 
(RA/PAS) Program, Reasonable Accommodation/Religious Observance, 
Practice or Belief (hereinafter ``Religious Beliefs'') Program, 
External Civil Rights Discrimination Program (ECP), and VA's Diversity 
and Inclusion programs, including building a model EEO program 
integrating Affirmative Employment, Special Emphasis, and Religious 
Accommodations.

DATES: Comments on this new system of records must be received no later 
than 30 days after date of publication in the Federal Register. If no 
public comment is received during the period allowed for comment or 
unless otherwise published in the Federal Register by VA, the new 
System of Records will become effective a minimum of 30 days after date 
of publication in the Federal Register. If VA receives public comments, 
VA shall review the comments to determine whether any changes to the 
notice are necessary.

ADDRESSES: Comments may be submitted through www.Regulations.gov or 
mailed to VA Privacy Service, 810 Vermont Avenue NW, (005R1A), 
Washington, DC 20420. Comments should indicate that they are submitted 
in response to the Diversity and Equal Employment Opportunity (EEO) 
Program Records (203VA08) system of records. Comments received will be 
available at regulations.gov for public viewing, inspection or copies.

FOR FURTHER INFORMATION CONTACT: Privacy Officer, Office of Resolution 
Management, Diversity and Inclusion (ORMDI), Department of Veterans 
Affairs, 810 Vermont Avenue NW, Washington, DC 20420, email: 
[email protected].

SUPPLEMENTARY INFORMATION: ORMDI is responsible for administering the

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Harassment Prevention Program (HPP), Reasonable Accommodation/Personal 
Assistance Services (RA/PAS) Program, and VA's Diversity and Inclusion 
(D&I) Programs, including religious and other accommodations, 
Reasonable Accommodation/Religious Observance, Practice or Belief 
(hereinafter ``Religious Beliefs'') Program and External Civil Rights 
Discrimination Program (ECP) within VA. ORMDI is establishing the 
Diversity and Equal Employment Opportunity (EEO) Program Records system 
of records to manage and execute these programs at separate ORMDI 
District Offices and facilities located in various geographic areas.

Signing Authority

    The Senior Agency Official for Privacy, or designee, approved this 
document and authorized the undersigned to sign and submit the document 
to the Office of the Federal Register for publication electronically as 
an official document of the Department of Veterans Affairs. Kurt D. 
DelBene, Assistant Secretary for Information and Technology and Chief 
Information Officer, approved this document on March 17, 2022 for 
publication.

     Dated: May 17, 2022.
Amy L. Rose,
Program Analyst, VA Privacy Service, Office of Information Security, 
Office of Information and Technology, Department of Veterans Affairs.

SYSTEM NAME AND NUMBER:
    Diversity and Equal Employment Opportunity (EEO) Program Records--
203VA08.

SECURITY CLASSIFICATION:
    Unclassified.

SYSTEM LOCATION:
    Records are maintained at VA field facilities and the Office of 
Resolution Management, Diversity and Inclusion (ORMDI), Department of 
Veterans Affairs, 810 Vermont Avenue NW, Washington, DC 20420. For 
addresses of VA field facilities, see Appendix I or www.va.gov/find-locations.

SYSTEM MANAGER(S):
    Privacy Officer, Office of Resolution Management, Diversity and 
Inclusion (ORMDI), Department of Veterans Affairs, 810 Vermont Avenue 
NW, Washington, DC 20420, email: [email protected].

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    1. 5 U.S.C. 2301, note, Notification and Federal Employee 
Antidiscrimination and Retaliation Act of 2002 (NoFear), as amended by 
Elijah E. Cummings Federal Employee Antidiscrimination Act of 2020.
    2. 29 U.S.C. 621 et seq., Age Discrimination in Employment.
    3. 29 U.S.C. 791 et seq., Rehabilitation Act of 1973.
    4. 42 U.S.C. 1201 et seq., Title 1 of the Americans with 
Disabilities Act (ADA) of 1990 and the ADA Amendments Act of 2008 
(ADAA).
    5. 42 U.S.C. 2000d, Title VI, Civil Rights Act of 1964.
    6. 42 U.S.C. 2000e et seq., Title VII, Civil Rights.
    7. 42 U.S.C. 2000e-16, Employment by Federal Government.
    8. 42 U.S.C. 2000e(k), Pregnancy Discrimination Act (PDA) of 1978.
    9. 42 U.S.C. 4151 et seq., Architectural Barriers Act.
    10. 42 U.S.C. 6101 et seq., Age Discrimination Act of 1964, as 
amended.
    11. 29 CFR 1604, Guidelines on Discrimination Because of Sex.
    12. 29 CFR 1605, Guidelines on Discrimination Because of Religion.
    13. 29 CFR 1611, Privacy Act Regulations.
    14. 29 CFR 1614, Federal Sector Equal Employment Opportunity. 29 
CFR 1630, Regulations to Implement the Equal Employment Provisions of 
the Americans with Disabilities Act.
    15. 38 CFR part 15, Enforcement of Nondiscrimination on the Basis 
of Handicap in Programs or Activities Conducted by the Department of 
Veterans Affairs.
    16. 38 CFR part 18, Nondiscrimination in Federally-Assisted 
Programs of the Department a of Veterans Affairs--Effectuation of Title 
VI of the Civil Rights Act of 1964.38 CFR Part 18a, Delegation of 
Responsibility in Connection with Title VI, Civil Rights Act of 1964.
    17. 38 CFR Part 18b, Practice and Procedure under Title VI of the 
Civil Rights act of 1964 and Part 8 of This Chapter.

PURPOSE(S) OF THE SYSTEM:
    The Diversity and Equal Employment Opportunity (EEO) Program 
Records system is used by ORMDI and VA facilities located in various 
geographic areas to administer and manage the following programs: 
Harassment Prevention Program (HPP); Reasonable Accommodation/Personal 
Assistance Services (RA/PAS) Program; Religious Observance, Practice or 
Belief (hereinafter ``Religious Beliefs'') Program; External Civil 
Rights Discrimination Program (ECP); Diversity and Inclusion Program. 
This system does not duplicate any existing agency or government-wide 
system of records, even though some of the documents might also appear 
in other systems of records maintained for other purposes.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Current and former VA employees, applicants for employment, 
contractors, interns, volunteers, visitors, and non-departmental 
individuals (for example, Veterans Volunteers and Visitors) who 
participate in the RA/PAS process, RA/Religious Beliefs process, or the 
complaint and appeal processes established by Title VI of the Civil 
Rights Act of 1964, Title IX of the Education Amendments of 1972, the 
Age Discrimination Act of 1975, Section 504 of the Rehabilitation Act 
of 1973, Title 38, Code of Federal Regulations, Chapter 1, Parts 15 and 
18 and various Presidential Executive Orders, when the programs are 
under the jurisdiction of the VA, or request reasonable accommodations 
based on pregnancy (non-disability) or religion.

CATEGORIES OF RECORDS IN THE SYSTEM:
    1. Full name, year of birth, race, color, religion/religious 
beliefs, sex (male, female, sexual orientation, gender identify, 
including, but not limited to transgender), disability information, 
national origin, disability, genetic information, educational 
information, home address and telephone number, work or alternate 
telephone number, organizational and private email addresses, mailing 
and contact information for representatives and requested witnesses.
    2. Detailed information and evidence about the allegations and 
requested relief, including complaints; correspondence; notes; forms; 
supporting material; statements of witnesses; reports of interviews, 
records of investigations, fact finding reports; recommendations; final 
decisions; request for reconsideration, reconsideration decisions.
    3. HPP records, such as management notification; investigator's and 
coordinator's findings; determinations as to whether harassment 
occurred; preventive or corrective action taken; related 
correspondence; exhibits; and written follow up documents.
    4. RA/PAS records, such as the type of accommodation; how the 
accommodation will assist the applicant or employee in performing the 
essential functions of the job; whether the request was granted as 
requested, an alternate accommodation was offered, or the request was 
denied; if denied, the reason for denial; detailed information and 
evidence including medical documentation provided by health care 
providers, such as limitation, diagnosis,

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prognosis, type of accommodation, nature of the disability, the need 
for accommodation; request for reconsideration; reconsideration 
decisions; correspondence; notes; forms; and supporting material.
    5. ECP records, including notification to the facility; 
investigator findings; preventative or corrective action taken; written 
follow up documents.
    6. D&I Program records, such as type of accommodation; why the 
accommodation is necessary, whether the request was granted as 
requested, an alternate accommodation was offered, or the request was 
denied; if denied, the reason for denial.
    Note that if an individual's records in this system are used for a 
different purpose, those documents will be covered by the system of 
records governing that program and subject to the routine uses and 
other provisions of that system.

RECORD SOURCE CATEGORIES:
    Current and former VA Federal employees or applicants for VA 
employment, representatives, Veterans, VA Administrations/Facilities, 
participants in the RA/PAS, RA Religious Beliefs, or other 
accommodations processes, participants in the complaint and appeal 
processes established by Title VI of the Civil Rights Act of 1964, 
Title IX of the Education Amendments of 1972, the Age Discrimination 
Act of 1975, Section 504 of the Rehabilitation Act of 1973, Title 38, 
Code of Federal Regulations, Chapter 1, Parts 15 and 18 and various 
Presidential Executive Orders.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND PURPOSES OF SUCH USES:
    1. Congress: VA may disclose information to a Member of Congress or 
staff acting upon the Member's behalf when the Member or staff requests 
the information on behalf of, and at the request of, the individual who 
is the subject of the record.
    2. Data breach response and remediation for VA: VA may disclose 
information to appropriate agencies, entities, and persons when:
     VA suspects or has confirmed that there has been a breach 
of the system of records.
     VA has determined that as a result of the suspected or 
confirmed breach there is a risk of harm to individuals, VA (including 
its information systems, programs, and operations), the Federal 
Government, or national security.
     the disclosure made to such agencies, entities, and 
persons is reasonably necessary to assist in connection with VA's 
efforts to respond to the suspected or confirmed breach or to prevent, 
minimize or remedy such harm.
    3. Data breach response and remediation for another Federal agency:
    VA may disclose information to another Federal agency or Federal 
entity, when VA determines that information from this system of records 
is reasonably necessary to assist the recipient agency or entity in:
     Responding to a suspected or confirmed breach, or
     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.
    4. Law Enforcement: VA may disclose information that, either alone 
or in conjunction with other information, indicates a violation or 
potential violation of law, whether civil, criminal, or regulatory in 
nature, to a Federal, state, local, territorial, tribal, or foreign law 
enforcement authority or other appropriate entity charged with the 
responsibility of investigating or prosecuting such violation or 
charged with enforcing or implementing such law.
    5. DoJ for Litigation or Administrative Proceeding: VA may disclose 
information to the Department of Justice (DoJ), or in a proceeding 
before a court, adjudicative body, or other administrative body before 
which VA is authorized to appear, when:
    (a) VA or any component thereof
    (b) Any VA employee in his or her official capacity
    (c) Any VA employee in his or her individual capacity where DoJ has 
agreed to represent the employee, or
    (d) The United States, where VA determines that litigation is 
likely to affect the agency or any of its components

    is a party to such proceedings or has an interest in such 
proceedings and VA determines that use of such records is relevant and 
necessary to the proceedings.
    6. Contractors: VA may disclose information to contractors, 
grantees, experts, consultants, students, and others performing or 
working on a contract, service, grant, cooperative agreement, or other 
assignment for VA, when reasonably necessary to accomplish an agency 
function related to the records.
    7. OPM: VA may disclose information to the Office of Personnel 
Management (OPM) in connection with the application or effect of civil 
service laws, rules, regulations or OPM guidelines in particular 
situations.
    8. EEOC: VA may disclose information to the Equal Employment 
Opportunity Commission (EEOC) in connection with investigations of 
alleged or possible discriminatory practices, examination of Federal 
affirmative employment programs or other functions of the Commission as 
authorized by law.
    9. FLRA: VA may disclose information to the Federal Labor Relations 
Authority (FLRA) in connection with:
     The investigation and resolution of allegations of unfair 
labor practices.
     the resolution of exceptions to arbitration awards when a 
question of material fact is raised.
     matters before the Federal Service Impasses Panel, and
     the investigation of representation petitions and the 
conduct or supervision of representation elections.
    10. MSPB: VA may disclose information to the Merit Systems 
Protection Board (MSPB) in connection with appeals, special studies of 
the civil service and other merit systems, review of rules and 
regulations, investigation of alleged or possible prohibited personnel 
practices, and such other functions promulgated in 5 U.S.C. 1205 and 
1206, or as authorized by law.
    11. NARA: VA may disclose information to the National Archives and 
Records Administration (NARA) in records management inspections 
conducted under 44 U.S.C. 2904 and 2906, or other functions authorized 
by laws and policies governing NARA operations and VA records 
management responsibilities.
    12. OMB: VA may disclose information to the Office of Management 
and Budget (OMB) for the performance of its statutory responsibilities 
for evaluating Federal programs.
    13. Former Employee or Contractor, Legal Representatives: VA may 
disclose information to a former VA employee or contractor, as well as 
the authorized representative of a current or former employee or 
contractor of VA, in connection with matters before the EEOC, FLRA, or 
MSPB, or in litigation.
    14. Witnesses. VA may disclose information to potential witnesses 
as appropriate and necessary to perform the agency's functions under 42 
U.S.C. 2000d, 29 CFR 1614, 29 CFR 1630, Sections 501, 504, and 505 of 
the Rehabilitation Act of 1973, 45 CFR Subpart D Sec.  86.31, and 42 
U.S.C. 6101-6107.

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    15. Sources of Information. VA may disclose information as 
necessary to any source from which additional information is requested 
in the course of processing a complaint or report of harassment.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    Diversity and Equal Employment Opportunity (EEO) Program Records 
are maintained on paper and electronically at VA facilities by 
supervisors, management officials, local reasonable accommodation 
coordinators, and other designated VA staff. Electronic records are 
also maintained in: Equal Employment Opportunity EcoSystem (EEOE), 
designated as E-Squared (E\2\), a comprehensive and secure repository 
for electronic records management to facilitate identification, 
retrieval, maintenance, routine destruction, report generation and 
compliance management; and Light Electronic Action Framework (LEAF), a 
technology and framework for rapid implementation and deployment of 
projects that require secure records management, including 
identification, retrieval, maintenance, routine destruction, report 
generation, policy compliance, and document routing to create a culture 
of transparency and accountability.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    Names of individuals alleging discrimination, harassment, or 
reprisal or requesting RA/PAS or other reasonable accommodations. Case/
tracking numbers.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    Records are retained and disposed of in accordance with the 
schedule approved by the Archivist of the United States, General 
Records Schedule 2.3: Employee Relations Records, but longer retention 
is authorized for business use.

ADMINISTRATIVE, TECHNICAL AND PHYSICAL SAFEGUARDS:
    Technical controls include secure encryption using VA Personal 
Identity Verification (PIV) credential procedures, role-based 
authentication, firewalls, and virtual private networks which protect 
the data in transit and during storage. Physical and electronic access 
is limited to individuals who are properly screened and cleared on a 
need-to-know basis in the performance of their official duties. 
Administrative safeguards include mandatory annual information security 
training for all users on the responsibility each person has for 
safeguarding and protecting data confidentiality.

RECORD ACCESS PROCEDURES:
    An individual who seeks access to or wishes to contest records 
maintained under his or her name in this system must submit a written 
request to the Privacy Officer of the VA facility where the underlying 
incident or issue occurred.

CONTESTING RECORD PROCEDURES:
    (See Records Access Procedures above.)

NOTIFICATION PROCEDURES:
    Individuals seeking information concerning the existence and 
content of a record pertaining to themselves must submit a written 
request to or apply in person before the Privacy Officer of the VA 
facility where the underlying incident or issue occurred. Written 
requests should be signed and contain the individual's full name, 
mailing address, email address, telephone number, and the case number 
or case title.

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    None.

HISTORY:
    None.

[FR Doc. 2022-10848 Filed 5-19-22; 8:45 am]
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