[Federal Register Volume 76, Number 134 (Wednesday, July 13, 2011)]
[Notices]
[Pages 41274-41278]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-17548]
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DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary
[Docket No. DHS-2011-0044]
Privacy Act of 1974; Department of Homeland Security/ALL-033
Reasonable Accommodations Records System of Records
AGENCY: Privacy Office, DHS.
ACTION: Notice of Privacy Act system of records.
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SUMMARY: In accordance with the Privacy Act of 1974, the Department of
Homeland Security proposes to
[[Page 41275]]
establish a new system of records titled, ``Department of Homeland
Security/ALL-033 Reasonable Accommodations Records System of Records.''
This system will allow the Department to collect and maintain records
on applicants for employment as well as employees with disabilities who
requested or received reasonable accommodations by the Department as
required by the Rehabilitation Act of 1973 and the Americans with
Disabilities Act Amendments of 2008. Reasonable accommodations provide
modifications or adjustments to: (1) The job application process that
enables a qualified applicant or individual with a disability to enjoy
equal employment opportunities available to persons without a
disability; (2) the work environment; and/or (3) the manner in which a
position is customarily performed. This system will be included in the
Department of Homeland Security's inventory of record systems.
DATES: Submit comments on or before August 12, 2011. This new system
will be effective August 12, 2011.
ADDRESSES: You may submit comments, identified by docket number [DHS-
2011-0044] by one of the following methods:
Federal e-Rulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
Fax: 703-483-2999.
Mail: Mary Ellen Callahan, Chief Privacy Officer, Privacy
Office, Department of Homeland Security, Washington, DC 20528.
Instructions: All submissions received must include the
agency name and docket number for this rulemaking. All comments
received will be posted without change to http://www.regulations.gov,
including any personal information provided.
Docket: For access to the docket to read background
documents or comments received go to http://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: For general questions please contact:
Reasonable Accommodations Coordinator (202-254-8200), Office for Civil
Rights and Civil Liberties, Department of Homeland Security,
Washington, DC 20528. For privacy issues please contact: Mary Ellen
Callahan (703-235-0780), Chief Privacy Officer, Privacy Office,
Department of Homeland Security, Washington, DC 20528.
SUPPLEMENTARY INFORMATION:
I. Background
In accordance with the Privacy Act of 1974, 5 U.S.C. 552a, the
Department of Homeland Security (DHS) proposes to establish a new
system of records titled, ``DHS/ALL-033 Reasonable Accommodations
Records System of Records.''
This system will allow the Department to collect and maintain
records on applicants for employment as well as employees with
disabilities who requested or received reasonable accommodations by the
Department as required by the Rehabilitation Act of 1973 and the
Americans with Disabilities Act (ADA) Amendments of 2008. Reasonable
accommodations provide modifications or adjustments to: (1) The job
application process that enables a qualified applicant or individual
with a disability to enjoy equal employment opportunities available to
persons without a disability; (2) the work environment; and/or (3) the
manner in which a position is customarily performed.
Sections 501, 504, and 701 of the Rehabilitation Act of 1973 and
the ADA Amendments of 2008 require federal agencies to provide
reasonable accommodation to qualified applicants for employment and
employees with disabilities if known or requested, unless the
accommodation would impose an undue hardship. The purpose of reasonable
accommodations is to provide modifications or adjustments to: (1) The
job application process that enables a qualified applicant or
individual with a disability to enjoy equal employment opportunities
available to persons without a disability; (2) the work environment;
and/or (3) the manner in which a position is customarily performed.
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; and/or (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, service animals, and other
similar accommodations.
The purpose of this system is to allow the Department to collect
and maintain records on applicants for employment as well as employees
with disabilities who requested or received reasonable accommodations
by the Department as required by the Rehabilitation Act of 1973 and the
ADA Amendments of 2008. The purpose of this system is also to track
processing of requests for reasonable accommodation Department-wide to
comply with applicable law and regulations and to preserve and maintain
the confidentiality of medical information. DHS is authorized to
implement this reasonable accommodation program primarily through
Sections 501, 504, and 701 of the Rehabilitation Act of 1973 and the
ADA Amendments Act of 2008. This system has an effect on individual
privacy that is balanced by the need to collect and maintain
information on applicants and employees with disabilities requiring
reasonable accommodations. Routine uses contained in this notice
include sharing information with the Department of Justice (DOJ) for
legal advice and representation; to a congressional office at the
request of an individual; to the National Archives and Records
Administration (NARA) for records management; to contractors in support
of their contract assignment to DHS; to agencies, organizations, or
individuals for the purpose of audit; to agencies, entities, or persons
during a security or information compromise or breach; to an agency,
organization, or individual when there could potentially be a risk of
harm to an individual; 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; to other
Federal agencies when seeking advice or assistance on issues related to
reasonable accommodations; to third parties contracted by the
Department to facilitate mediation or other dispute resolution
procedures or programs; and to the news media in the interest of the
public. A review of this system is being conducted to determine if the
system of records collects information under the Paperwork Reduction
Act (PRA). This system will be included in the DHS inventory of record
systems.
II. Privacy Act
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. 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
[[Page 41276]]
individual. In the Privacy Act, an individual is defined to encompass
United States citizens and lawful permanent residents. As a matter of
policy, DHS extends administrative Privacy Act protections to all
individuals where systems of records maintain information on U.S.
citizens, lawful permanent residents, and visitors. Individuals may
request access to their own records that are maintained in a system of
records in the possession or under the control of DHS by complying with
DHS Privacy Act regulations, 6 CFR Part 5.
The Privacy Act requires each agency to publish in the Federal
Register a description denoting the type and character of each system
of records that the agency maintains, and the routine uses that are
contained in each system in order 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. Below is the description of the DHS/
ALL-033 Reasonable Accommodations Records System of Records.
In accordance with 5 U.S.C. 552a(r), DHS has provided a report of
this system of records to OMB and to Congress.
System of Records
Department of Homeland Security (DHS)/ALL-033
System name:
DHS/ALL-033 Reasonable Accommodations Records System of Records.
Security classification:
Unclassified.
System location:
Records are maintained at DHS and component locations in
Washington, DC and field offices.
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 Sections 501, 504, and 701 of the Rehabilitation
Act of 1973 and the Americans with Disabilities Act (ADA) Amendments of
2008. This also includes authorized individuals or representatives
(e.g., family member or attorney) who file requests for reasonable
accommodation on behalf of an applicant for employment or employee as
well as former employees who requested or received reasonable
accommodation during their employment with the Department.
Categories of records in the system:
Requester's name;
Requester's status (applicant or current employee);
Requester's contact information (work address, phone, and
e-mail);
Date request was initiated;
Jobs (occupational series, grade level, and agency
component) for which reasonable accommodation had been 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;
Details of reasonable accommodation request, such as:
[cir] Type(s) of accommodation requested;
[cir] Whether the accommodation requested was pre-employment or
during their employment with the Department;
[cir] How the requested accommodation would assist in job
performance;
[cir] The amount of time taken to process the request;
[cir] Whether the request was granted or denied and, if denied, the
reason for the denial; and
[cir] The sources of technical assistance consulted in trying to
identify possible reasonable accommodation.
Authority for maintenance of the system:
Sections 501, 504, and 701 of the Rehabilitation Act of 1973; ADA
Amendments of 2008; Executive Order 13164 (July 28, 2000); and
Executive Order 13548 (July 10, 2010).
Purpose(s):
The purpose of this system is to allow the Department to collect
and maintain records on applicants for employment as well as employees
with disabilities who requested or received reasonable accommodation by
the Department as required by Sections 501, 504, and 701 of the
Rehabilitation Act of 1973 and the ADA Amendments of 2008. The purpose
of this system is also to track and report the processing of requests
for reasonable accommodation Department-wide to comply with applicable
law and regulations and to preserve and maintain the confidentiality of
medical information.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
In addition to those disclosures generally permitted under 5 U.S.C.
552a(b) of the Privacy Act, all or a portion of the records or
information contained in this system may be disclosed outside DHS as a
routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:
A. To the Department of Justice (DOJ), (including United States
Attorney Offices, or other federal agency conducting litigation or in
proceedings before any court, adjudicative or administrative body, when
it is necessary to the litigation and one of the following is a party
to the litigation or has an interest in such litigation:
1. DHS or any component thereof;
2. Any employee of DHS in his/her official capacity;
3. Any employee of DHS in his/her individual capacity where DOJ or
DHS has agreed to represent the employee; or
4. The United States or any agency thereof, is a party to the
litigation or has an interest in such litigation, and DHS determines
that the records are both relevant and necessary to the litigation and
the use of such records is compatible with the purpose for which DHS
collected the records.
B. To a congressional office from the record of an individual in
response to an inquiry from that congressional office made at the
request of the individual to whom the record pertains.
C. To the National Archives and Records Administration (NARA) or
other federal government agencies pursuant to records management
inspections being conducted under the authority of 44 U.S.C. 2904 and
2906.
D. To an agency, organization, or individual for the purpose of
performing audit or oversight operations as authorized by law, but only
such information as is necessary and relevant to such audit or
oversight function.
E. To appropriate agencies, entities, and persons when:
1. DHS suspects or has confirmed that the security or
confidentiality of information in the system of records has been
compromised;
2. The Department has determined that as a result of the suspected
or confirmed compromise there is a risk of harm to economic or property
interests, identity theft or fraud, or harm to the security or
integrity of this system or other systems or programs (whether
maintained by DHS or another agency or entity) or harm to the
individual that rely upon the compromised information; and
3. The disclosure made to such agencies, entities, and persons is
reasonably necessary to assist in connection with DHS's efforts to
respond to the suspected or confirmed compromise and prevent, minimize,
or remedy such harm.
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F. To contractors and their agents, grantees, experts, consultants,
and others performing or working on a contract, service, grant,
cooperative agreement, or other assignment for DHS, when necessary to
accomplish an agency function related to this system of records.
Individuals provided information under this routine use is subject to
the same Privacy Act requirements and limitations on disclosure as are
applicable to DHS officers and employees.
G. 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 and such disclosure is proper and
consistent with the official duties of the person making the
disclosure.
H. To a court, magistrate, or administrative tribunal in the course
of presenting evidence, including disclosures to opposing counsel or
witnesses in the course of civil discovery, litigation, or settlement
negotiations or in connection with criminal law proceedings or in
response to a subpoena from a court of competent jurisdiction.
I. To another federal agency or commission with responsibility for
labor or employment relations or other issues, including equal
employment opportunity and reasonable accommodation issues, when that
agency or commission has jurisdiction over reasonable accommodation.
J. To the Office of Management and Budget (OMB), DOJ, Department of
Labor (DOL), Office of Personnel Management (OPM), Equal Employment
Opportunity Commission (EEOC), or Office of Special Counsel (OSC) to
obtain advice regarding statutory, regulatory, policy, and other
requirements related to reasonable accommodation.
K. To appropriate third parties contracted by the Department to
facilitate mediation or other dispute resolution procedures or
programs.
L. To the Department of Defense (DOD) for purposes of procuring
assistive technologies and services through the Computer/Electronic
Accommodation Program in response to a request for reasonable
accommodation.
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 stored electronically or on paper in
secure facilities in a locked drawer behind a locked door. The records
are stored on magnetic disc, tape, digital media, and CD-ROM.
Retrievability:
Records may be retrieved by name of requester, employing component
or directorate, 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 DHS automated
systems security and access policies. Strict controls have been imposed
to minimize the risk of compromising the information that is stored.
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.
Retention and disposal:
In accordance with NARA General Records Schedule (GRS) 1 Section 24
``Reasonable Accommodation Request Records'' must be kept for three
years from the employee's separation from the agency or after all
appeals have concluded, whichever is longer. This includes individual
records as well as cumulative records used to track the agency's
performance with regard to reasonable accommodations.
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 files separate from the individual's
official personnel 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 recipients of the
information about the confidentiality requirements that attach to it.
System Manager and address:
Reasonable Accommodations Coordinator (202-254-8200), Office for
Civil Rights and Civil Liberties, Department of Homeland Security,
Washington, DC 20528.
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 to the CRCL FOIA Officer, whose contact
information can be found at http://www.dhs.gov/foia under ``contacts.''
If an individual believes more than one component maintains Privacy Act
records concerning him or her the individual may submit the request to
the Chief Privacy Officer and Chief Freedom of Information Act Officer,
Department of Homeland Security, 245 Murray Drive, SW., Building 410,
STOP-0655, Washington, DC 20528.
When seeking records about yourself from this system of records or
any other Departmental system of records your request must conform with
the Privacy Act regulations set forth in 6 CFR Part 5. You must first
verify your identity, meaning that you must provide your full name,
current address and date and place of birth. You must sign your
request, and your signature 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 obtain forms for this purpose from the Chief Privacy
Officer and Chief Freedom of Information Act Officer, http://www.dhs.gov or 1-866-431-0486. In addition you should provide the
following:
An explanation of why you believe the Department would
have information on you;
Identify which component(s) of the Department you believe
may have the information about you;
Specify when you believe the records would have been
created;
Provide any other information that will help the FOIA
staff determine which DHS component agency may have responsive records;
and
If your request is seeking records pertaining to another
living individual, you must include a statement from that individual
certifying his/her agreement for you to access his/her records.
Without this bulleted information the component(s) may not be able
to conduct an effective search, and your request may be denied due to
lack of specificity or lack of compliance with applicable regulations.
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Record access procedures:
See ``Notification procedure'' above.
Contesting record procedures:
See ``Notification procedure'' above.
Record source categories:
Information is obtained from applicants for employment as well as
employees with disabilities who requested or received reasonable
accommodations by the Department as required by the Rehabilitation Act
of 1973 and the ADA Amendments of 2008.
Exemptions claimed for the system:
None.
Dated: June 9, 2011.
Mary Ellen Callahan,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. 2011-17548 Filed 7-12-11; 8:45 am]
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