[Federal Register Volume 79, Number 81 (Monday, April 28, 2014)]
[Notices]
[Pages 23405-23409]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-09506]
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DEPARTMENT OF THE TREASURY
Privacy Act of 1974, as Amended; System of Records Notice
AGENCY: Department of the Treasury.
ACTION: Notice of proposed Privacy Act system of records.
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SUMMARY: In accordance with the Privacy Act of 1974, as amended, 5
U.S.C. 552a, the Department of the Treasury proposes to establish a new
Privacy Act system of records titled ``Treasury .016--Reasonable
Accommodations Records.'' This system will allow Treasury and its
bureaus to collect and maintain records on applicants for employment,
as well as employees, who request or receive reasonable accommodations
from Treasury under the Rehabilitation Act of 1973 and the Americans
with Disabilities Act Amendments Act of 2008. 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 are
also made for individuals who seek to participate or participate in
Treasury programs and activities or attend meetings and events at
Treasury facilities. This system will be included in the Treasury's
inventory of record systems.
DATES: Submit comments on or before May 28, 2014. This new system will
be effective May 28, 2014.
ADDRESSES: You may submit comments, identified by one of the following
methods:
Fax: 202-622-3895.
Mail: Helen Goff Foster, Deputy Assistant Secretary for
Privacy, Transparency, and Records, Office of Privacy, Transparency,
and Records, Department of the Treasury, 1500 Pennsylvania Avenue NW.,
Washington, DC 20220.
Instructions: All submissions received must include the agency name
for this rulemaking. All comments received will be posted without
change to http://www.regulations.gov, including any personal
information provided. For access to read background documents or
comments received go to http://www.regulations.gov, including any
personal information provided.
FOR FURTHER INFORMATION CONTACT: For general questions and for privacy
issues please contact: Helen Goff Foster (202-622-0790), Deputy
Assistant Secretary for Privacy, Transparency, and Records, Office of
Privacy, Transparency, and Records, Department of the Treasury,
[[Page 23406]]
1500 Pennsylvania Ave. NW., Washington, DC 20220.
SUPPLEMENTARY INFORMATION:
I. Background
In accordance with the Privacy Act of 1974, as amended, 5 U.S.C.
552a, the Department of the Treasury (Treasury) proposes to establish a
new system of records, ``Treasury .016--Reasonable Accommodations
Records.''
The purpose of this system of records is to allow Treasury and its
bureaus to collect and maintain records on applicants for employment as
well as current employees (including contractors and interns) and
members of the public who request or receive reasonable accommodations
from the Treasury and its Bureaus under the Rehabilitation Act of 1973
and the Americans with Disabilities Act Amendments Act of 2008 (ADAAA).
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 are also made for individuals who seek to participate
and/or participate in Treasury programs and activities or attend
meetings and events at Treasury facilities. The system will also be
used to track processing of requests for reasonable accommodations only
to the extent necessary to ensure Treasury-wide compliance with
applicable laws and regulations while preserving and maintaining the
confidentiality and privacy of all information (e.g., medical
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 and 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, but are not limited to: (1) Making existing
facilities readily accessible to and usable by individuals 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) the manner in which a program
or activity is offered to the public.
The Rehabilitation Act and the ADAAA authorize Treasury to
implement this reasonable accommodation program. Routine uses contained
in this notice include sharing information: To disclose information to
medical personnel to meet a bona fide medical emergency; to disclose
information to another federal agency, to a court, or a party in
litigation before a court or in an administrative proceeding being
conducted by a federal agency when the government is a party to the
judicial or administrative proceeding; to disclose information to a
congressional office from the record of an individual in response to an
inquiry from the congressional office made at the request of the
individual; and to disclose 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. The first and fourth recognized routine
uses are consistent with the exceptions to confidentiality under
section 501 of the Rehabilitation Act. The second routine use involves
disclosure of relevant information as part of a proceeding in which the
government is a party, and the third disclosure would occur only when
the individual whose information is being disclosed has requested a
member of Congress to make an inquiry on the individual's behalf.
This system will be included in the Department of the Treasury's
inventory of record systems.
II. Privacy Act of 1974, as Amended
The Privacy Act embodies fair information principles in a statutory
framework governing the means by which the United States Government
collects, maintains, uses, and disseminates individuals' records that
are maintained in a system of records. The Privacy Act applies to
information that is maintained in a ``system of records.'' A system of
records is a group of any records under the control of an agency for
which information is retrieved by the name of an individual or by some
identifying number, symbol, or other identifying particular assigned to
the individual. Individuals may request access to their own records
that are maintained in a system of records in the possession or under
the control of Treasury by complying with Treasury's Privacy Act
regulations found at 31 CFR 1.26.
The Privacy Act requires each agency to publish in the Federal
Register a description of the type and character of each system of
records that the agency maintains, and the routine uses that are
contained in each system to make agency recordkeeping practices
transparent, to notify individuals regarding the uses to which their
records are put, and to assist individuals to more easily find such
files within the agency.
In accordance with the Privacy Act, the Department of the Treasury
proposes to establish a new system of records titled, ``Treasury .016--
Reasonable Accommodations Records.'' The new proposed system of records
is published in its entirety below.
In accordance with 5 U.S.C. 552a(r), Treasury has provided a report
of this system of records to OMB and to Congress.
Dated: April 10, 2014.
Helen Goff Foster,
Deputy Assistant Secretary for Privacy, Transparency, and Records.
TREASURY .016
System name:
Treasury .016--Reasonable Accommodations Records.
System location:
Department of the Treasury, 1500 Pennsylvania Ave. NW., Washington,
DC 20220. These records are located in personnel, EEO, or designated
offices in the bureaus in which the reasonable accommodations were
filed. The locations at which the system is maintained are:
(1) Departmental Offices: 1500 Pennsylvania Ave. NW., Washington,
DC 20220;
(2) Alcohol and Tobacco Tax and Trade Bureau: 1310 G St. NW.,
Washington, DC 20220.
(3) Office of the Comptroller of the Currency: Constitution Center,
400 Seventh St. SW., Washington, DC 20024;
(4) Fiscal Service: Liberty Center Building, 401 14th St. SW.,
Washington, DC 20227;
[[Page 23407]]
(5) Internal Revenue Service: 1111 Constitution Ave. NW.,
Washington, DC 20224;
(6) United States Mint: 801 Ninth St. NW., Washington, DC 20220;
(7) Bureau of Engraving and Printing: Eastern Currency Facility,
14th and C Streets SW., Washington, DC 20228 and Western Currency
Facility, 9000 Blue Mound Rd., Fort Worth, TX 76131;
(8) Financial Crimes Enforcement Network: P.O. Box 39, Vienna, VA
22183-0039;
(9) Special Inspector General for the Troubled Asset Relief
Program: 1801 L St. NW., Washington, DC 20220;
(10) Office of Inspector General: 740 15th St. NW., Washington, DC
20220; and
(11) Office of the Treasury Inspector General for Tax
Administration: 1125 15th St. NW., Suite 700A, Washington, DC 20005.
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 or ADAAA. This also
includes participants in Treasury programs and activities, visitors at
Treasury facilities, authorized individuals or representatives (e.g.,
family member or attorney) who request a reasonable accommodation on
behalf of an applicant for employment or employee, as well as former
employees and members of the public who request or receive a reasonable
accommodation during their employment with Treasury or when visiting a
Treasury facility.
Categories of records in the system:
Requestor's status (applicant or anybody who identifies or
recognizes the need for an accommodation at a Treasury facility);
Name of the person who requires the accommodation;
Address, phone, and email of the person who requires
accommodations;
Date of request;
Meeting or other event for which request was made (room
number, date and time of meeting/event);
Program or activity for which request was made;
Jobs (occupational series, grade level, and bureau or
office) for which reasonable accommodation was requested;
Information concerning the nature of the disability and
the need for accommodation, including appropriate medical documentation
when the disability and/or need for accommodation is not obvious or the
accommodation cannot be easily provided with little effort or expense;
and
Medical documentation supporting the reasonable
accommodation request should be kept in a confidential file separate
and apart from the requestor's Official Personnel Folder, Employee
Performance File, or drop file.
Information concerning the nature of the disability and need for
accommodation includes:
Medical documentation provided by the requester;
Type(s) of accommodation(s) requested;
Expense(s) associated with the requested accommodation;
Whether the request came from someone planning to visit a
Treasury facility;
Whether an accommodation requested was pre-employment,
during employment, or post-employment with the Treasury or bureau;
How the requested accommodation would assist in job
performance, participation in a Treasury program or activity, or
attendance at a Treasury-sponsored meeting or event;
The amount of time taken to process the request;
Whether the request was granted or denied and reason; and
The sources of technical assistance consulted in trying to
identify a possible reasonable accommodation.
Authority for maintenance of the system:
The Rehabilitation Act of 1973, Sec. Sec. 501 and 504; ADAAA;
Executive Order 13164 (July 28, 2000); and Executive Order 13548 (July
26, 2010).
Purpose(s):
The purpose of this system is to allow Treasury and its bureaus to
collect and maintain records on individuals who seek accommodations to
facilitate their participation in a Treasury program or activity, their
attendance at a meeting, training, conference or event at a Treasury
facility or sponsored by Treasury, applicants for employment who have
disabilities, and employees with disabilities who request or receive
reasonable accommodation by the Department as the Rehabilitation Act of
1973 and the ADAAA require. Another purpose of this system is to track
and report the processing of requests for reasonable accommodation
Treasury-wide to comply with applicable laws and regulations and to
preserve and maintain the confidentiality of information provided in
support of the accommodation request.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
These records and information in these records may be disclosed
from the system as follows:
A. To medical personnel to meet a bona fide medical emergency;
B. To another federal agency, a court, or a party in litigation
before a court or in an administrative proceeding being conducted by a
federal agency when the Government is a party to the judicial or
administrative proceeding;
C. To a congressional office from the record of an individual in
response to an inquiry from the congressional office made at the
request of the individual; and
D. 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;
E. To the National Archives and Records Administration (NARA) or
other federal government agencies pursuant to general records
management and records management inspections conducted under the
authority of 44 U.S.C. 2904 and 2906;
F. 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;
G. 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; and
H. To a Member of Congress or staff acting upon the Member's behalf
when the Member or staff requests the information on behalf of an
individual who is the subject of the record.
Disclosure to consumer reporting agencies:
None.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
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,
[[Page 23408]]
may be stored in a separate, secure location at the Treasury
Headquarters or at the bureau or office level.
Retrievability:
Records may be retrieved by name of the requester, employing bureau
or office, or any unique identifying number assigned to the request if
applicable.
Safeguards:
Records in this system are safeguarded in accordance with
applicable rules and policies, including all applicable Treasury
automated systems security and access policies. Strict controls have
been imposed to minimize the risk of compromising the information.
Access to the computer system containing the records in this system is
limited to those individuals who have a need to know the information
for the performance of their official duties and who have appropriate
clearances or permissions.
All medical information, including information about functional
limitations and reasonable accommodation needs obtained in connection
with a request for reasonable accommodation must be kept confidential
and shall be maintained in secure files separate from the Official
Personnel Folder, Employee Performance File, or drop file.
Additionally, employees who obtain or receive such information are
strictly bound by these confidentiality requirements. Whenever medical
information is disclosed, the individual disclosing the information
must inform the information recipients regarding the confidentiality
requirements that the recipient must continue to apply to the
information after it is received.
Retention and disposal:
In accordance with NARA General Records Schedule (GRS) 1 Section 24
``Reasonable Accommodation Request Records'' this schedule includes all
requests for reasonable accommodation and/or assistive technology
devices and services offered through the agency or the Computer/
Electronic Accommodation Program that are made by or on behalf of
applicants, current or former employees. Also included are medical
records, supporting notes and documentation, as well as procedures and
records related to processing, deciding, implementing, and tracking
requests for reasonable accommodation(s). Disposition of records
follows:
A. General Files--Destroy three years after supersession or when no
longer needed for reference, whichever is later. (N1-GRS-04-2 item 1a);
B. Employee Case Files--Destroy three years after employee
separation from the agency or all appeals are concluded, whichever is
later. (N1-GRS-04-2 item 1b);
C. Supplemental Files--Destroy three years after end of fiscal year
in which accommodation is decided or all appeals are concluded,
whichever is later. (N1-GRS-04-2 item 1c). Note: These records are
neither part of an employee's OPF nor part of a supervisor's unofficial
personnel file;
D. Tracking System--Delete/destroy three years after compliance
report is filed or when no longer needed for reference. (N1-GRS-04-2
item 1d).
System manager(s) and address:
EEO Program Manager (202-622-0341), Office of Civil Rights and
Diversity, Department of the Treasury, 1500 Pennsylvania Ave. NW.,
Washington, DC 20220.
Records pertaining to reasonable accommodations filed at the
Departmental level: EEO Program Manager (202-622-0341), Office of Civil
Rights and Diversity, Department of the Treasury, 1550 Pennsylvania
Ave. NW., Washington, DC 20220. The locations at which the system is
maintained by Treasury's bureaus are:
(1) Departmental Offices: 1500 Pennsylvania Ave. NW., Washington,
DC 20220;
(2) Alcohol and Tobacco Tax and Trade Bureau: 1310 G St. NW.,
Washington, DC 20220;
(3) Office of the Comptroller of the Currency: Constitution Center,
407 Seventh St. SW., Washington, DC 20024;
(4) Financial Management Service: 401 14th St. SW., Washington, DC
20227;
(5) Internal Revenue Service: 1111 Constitution Ave. NW.,
Washington, DC 20224;
(6) United States Mint: 801 Ninth St. NW., Washington, DC 20220;
(7) Bureau of Engraving and Printing: Eastern Currency Facility,
14th and C Streets SW., Washington, DC 20228 and Western Currency
Facility, 9000 Blue Mound Rd., Fort Worth, TX 76131;
(8) Financial Crimes Enforcement Network: P.O. Box 39, Vienna, VA
22183-0039;
(9) Special Inspector General for the Troubled Asset Relief
Program: 1801 L St. NW., Washington, DC 20220;
(10) The Office of Inspector General: 740 15th St. NW., Washington,
DC 20220; and
(11) Treasury Inspector General for Tax Administration: 1125 15th
St. NW., Suite 700A, Washington, DC 20005.
Notification procedure:
Individuals seeking notification of and access to any record
contained in this system of records, or seeking to contest its content,
may submit a request in writing in accordance with Treasury's Privacy
Act regulations (located at 31 CFR 1.26) to the Freedom of Information
Act (FOIA) and Transparency Liaison, whose contact information can be
found at http://www.treasury.gov/FOIA/Pages/index.aspx under ``FOIA
Requester Service Centers and FOIA Liaison.'' If an individual believes
more than one bureau maintains Privacy Act records concerning him or
her, the individual may submit the request to the Office of Privacy,
Transparency, and Records, FOIA and Transparency, Department of the
Treasury, 1500 Pennsylvania Ave. NW., Washington, DC 20220.
The request must be signed, and must either be notarized or
submitted under 28 U.S.C. 1746, a law that permits statements to be
made under penalty of perjury as a substitute for notarization. While
no specific form is required, you may submit your request online at
https://rdgw.treasury.gov/foia/pages/gofoia.aspx or call for 1-202-622-
0930 for questions. The requester must submit a written and signed
request that:
States that the request is made pursuant to the FOIA and/
or Privacy Act disclosure regulations;
Includes information that will enable the processing
office to determine the fee category of the user;
Is addressed to the bureau that maintains the record (in
order for a request to be properly received by the Department, the
request must be received in the appropriate bureau's disclosure
office);
Reasonably describe the records;
Gives the address where the determination letter is to be
sent;
States whether or not the requester wishes to inspect the
records or have a copy made without first inspecting them; and
Include a firm agreement from the requester to pay fees
for search, duplication or review, as appropriate. In the absence of a
firm agreement to pay, the requester may submit a request for a waiver
or reduction of fees, along with justification of how such a waiver
request meets the criteria for a waiver or reduction of fees found in
the FOIA statute at 5 U.S.C. 552(a)(4)(A)(iii).
This bulleted information will assist the FOIA and Transparency
staff in conducting an effective search for your records.
Record access procedures:
See ``Notification procedure'' above.
Contesting record procedures:
See ``Notification procedure'' above.
[[Page 23409]]
Record source categories:
Information is obtained from applicants for employment with
disabilities as well as employees with disabilities who requested or
received reasonable accommodations from the Treasury or a bureau as
required by the Rehabilitation Act of 1973 and the ADAAA.
Exemptions claimed for the system:
None.
[FR Doc. 2014-09506 Filed 4-25-14; 8:45 am]
BILLING CODE 4811-33-P