[Federal Register Volume 67, Number 95 (Thursday, May 16, 2002)]
[Notices]
[Pages 34955-34956]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-12260]



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DEPARTMENT OF JUSTICE

[AAG/A Order No. 267-2002]


Privacy Act of 1974; System of Records

    Pursuant to the provisions of the Privacy Act of 1974 (5 U.S.C. 
552a), notice is given that the Department of Justice proposes to 
establish a new system of records entitled ``Reasonable Accommodations 
for the Department of Justice (DOJ),'' Justice/DOJ-007. The purpose of 
publishing this Department-wide notice is to begin to record requests 
made by applicants and employees for reasonable accommodation on the 
basis of a disability, the disposition of the requests, and reasonable 
accommodations provided.
    In accordance with 5 U.S.C. 552a(e)(4) and (11), the public is 
given a 30-day period in which to comment; and the Office of Management 
and Budget (OMB), which has oversight responsibility under the Act, 
requires a 40-day period in which to conclude its review of the system. 
Therefore, please submit any comments by June 17, 2002. The public, 
OMB, and the Congress are invited to submit any comments to Mary E. 
Cahill, Management and Planning Staff, Justice Management Division, 
Department of Justice, Washington, DC 20530 (Room 1400, National Place 
Building).
    In accordance with 5 U.S.C. 552a(r), the Department has provided a 
report to OMB and the Congress.

    Dated: May 8, 2002.
Robert F. Diegelman,
Acting Assistant Attorney General for Administration.
JUSTICE/DOJ-007

System Name:
    Reasonable Accommodations for the Department of Justice (DOJ), 
JUSTICE/DOJ-007.

System Locations:
    Records are maintained by designated Component Accommodation 
Coordinators in Department of Justice offices throughout the country. 
Records may be accessed by contacting the System Manager at the 
following address: U.S. Department of Justice, 950 Pennsylvania Ave., 
NW., Washington, DC 20530. (See Record Access Procedures below.)

Categories of Individuals Covered by the System:
    Department of Justice employees and applicants who make requests 
for reasonable accommodation on the basis of a disability.

Categories of records in the system:
    Records in this system include identifying information regarding 
persons requesting reasonable accommodations (e.g., requestor's name, 
title/series/grade, telephone number, date of request, e-mail address, 
office, description of accommodation requested, and reason for request) 
and the status of the response within the Department. Records in this 
system may include: The original written request; the Department's 
response; the name, title and telephone number of office or staff 
members deciding or referring the matter; related letters/memoranda; 
copies of any enclosures/attachments, including medical records; the 
date an accommodation request was approved or denied; the reason a 
request was denied; the date an accommodation was provided; whether the 
recommended time frames were met as outlined in the Reasonable 
Accommodation Procedures; the reason the reasonable accommodation was 
needed; the type(s) of reasonable accommodation requested; the type(s) 
of accommodation provided; the source of technical assistance; whether 
medical or other appropriate supporting information was required to 
process the request, and if so, an explanation of why it was required; 
and other request-related information.

Authority for Maintenance of the System:
    The Rehabilitation Act of 1973, as amended, 29 U.S.C. 791; 
Executive Order 13164; 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, October 20, 2000.

Purpose of the System:
    The system documents and tracks requests made to the Department for 
reasonable accommodation, and action taken by the Department in 
response to the requests. It also serves as a reference source for 
inquiries and responses thereto on a ``need to know'' basis only. The 
Accommodation Coordinator(s) in each component of the Department will 
use these records to develop cumulative records, without individual 
identifiers, to track performance in regard to the provision of 
reasonable accommodation by the Department.

Routine Uses of Records Maintained in the System, including Categories 
of Users and the Purposes of such Uses:
    Pursuant to subsection (b)(3) of the Privacy Act, information may 
be disclosed from this system as follows:
    A. To the news media and the public pursuant to 28 CFR 50.2 unless 
it is determined that release of the specific information in the 
context of a particular case would constitute an unwarranted invasion 
of personal privacy.
    B. 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.
    C. To the General Services Administration and National Archives and 
Records Administration in records management inspections conducted 
under the authority of 44 U.S.C. 2904 and 2906.
    D. Where a record, either on its face or in conjunction with other 
information, indicates a violation or potential violation of law, to 
any civil or criminal law enforcement authority or other appropriate 
agency, whether federal, state, local, foreign, or tribal, charged with 
the responsibility of investigating or prosecuting such a violation or 
enforcing or implementing a statute, rule, regulation, or order.
    E. In an appropriate proceeding before a court, grand jury, or 
administrative or regulatory body when records are determined by DOJ to 
be arguably relevant to the proceeding.
    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 informal 
discovery proceedings.
    G. To a federal agency or entity that requires information relevant 
to a decision concerning the hiring, appointment, or retention of an 
employee, the issuance of a security clearance, the conduct of a 
security or suitability investigation, or pursuit of other appropriate 
personnel matter.
    H. To a federal, state, local, or tribal agency or entity that 
requires information relevant to a decision concerning the letting of a 
license or permit, the issuance of a grant or benefit, or other need 
for the information in performance of official duties.
    I. To contractors, grantees, experts, consultants, students, 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.
    J. To a former employee of the Department for purposes of: 
responding to an official inquiry by a federal, state, or local 
government entity or professional licensing authority, in accordance 
with applicable Department regulations; or facilitating

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communications with a former employee that may be necessary for 
personnel-related or other official purposes where the Department 
requires information and/or consultation assistance from the former 
employee regarding a matter within that person's former area of 
responsibility.
    K. To the White House (the President, Vice President, their staffs, 
and other entities of the Executive Office of the President (EOP)) for 
Executive Branch coordination of activities which relate to or have an 
effect upon the carrying out of the constitutional, statutory, or other 
official or ceremonial duties of the President.
    L. To such recipients and under such circumstances and procedures 
as are mandated by federal statute or treaty.

Policies and Practices for Storing, Retrieving, Accessing, Retaining, 
and Disposing of Records in the System:
Storage:
    Records are stored in paper files and may be entered into an 
electronic database in the future.

Retrievability:
    Information can be retrieved by name of the individual making a 
request for reasonable accommodation; in the case of electronic 
databases, information may possibly be retrieved by other identifying 
search terms employed.

Safeguards:
    Information in this system is safeguarded in accordance with 
applicable rules and policies, including the Department's automated 
systems security and access policies. In general, records and technical 
equipment are maintained in buildings with restricted access. The 
required use of password protection identification features and other 
system protection methods also restricts access to electronic 
information. Access is limited to those who have an official need for 
access to perform their official duties.

Retention and Disposal:
    Records are retained and disposed of in accordance with the 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, 
October 20, 2000. Records prepared by Accommodation Coordinators will 
be kept for a minimum of three years in accordance with General Records 
Schedule 1, Item 25g, as approved by the National Archives and Records 
Administration. Records related to a particular individual's 
accommodation request will be kept for the duration of the individual's 
employment. Applicant information that does not result in an 
appointment is kept in accordance with General Records Schedule 1, Item 
15. The records in this system are confidential and will be kept 
separate and apart from the individual's personnel file.

System Manager and Address:
    Director, Equal Employment Opportunity Staff, Justice Management 
Division, 950 Pennsylvania Ave., NW., Washington, DC 20530-0001.

Notification Procedures:
    Address inquiries to System Manager named above.

Record Access Procedures:
    Requests for access must be in writing and should be addressed to 
the System Manager named above. The envelope and letter should be 
clearly marked ``Privacy Act Access Request.'' The request should 
include a general description of the records sought, including the 
component where the records reside, if known (generally the employing 
component), and must include the requestor'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.

Contesting Record Procedures:
    Individuals desiring to contest or amend information maintained in 
the system should direct their request to the System Manager listed 
above, stating clearly and concisely what information is being 
contested, the reasons for contesting it, and the proposed amendment to 
the information sought.

Record Source Categories:
    Record Source Categories: Sources of information include 
individuals who make written requests for reasonable accommodation, and 
supporting documentation from, for instance, rehabilitation counselors 
and Department decision makers (i.e., usually first line supervisors).

Systems Exempted from Certain Provisions of the Act:
    None.

[FR Doc. 02-12260 Filed 5-15-02; 8:45 am]
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