[Federal Register Volume 69, Number 192 (Tuesday, October 5, 2004)]
[Notices]
[Pages 59645-59647]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-22306]


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DEPARTMENT OF THE TREASURY

Internal Revenue Service


Privacy Act of 1974, as Amended; System of Records

AGENCY: Internal Revenue Service, Treasury.

ACTION: Notice of proposed new Privacy Act system of records.

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SUMMARY: In accordance with the requirements of the Privacy Act of 
1974, as amended, 5 U.S.C. 552a, the Internal Revenue Service (IRS), 
Department of the Treasury, gives notice of a proposed Internal 
Revenue-wide system of records, Treasury/IRS 35.001-Reasonable 
Accommodation Request Records.

DATES: Comments must be received no later than November 4, 2004. The 
proposed system of records will be effective November 15, 2004, unless 
the IRS receives comments that would result in a contrary 
determination.

ADDRESSES: Comments should be sent to Chief, EEO and Diversity, 
Internal Revenue Service, Room 2422, 1111 Constitution Avenue, NW., 
Washington, DC 20224. Comments will be made available for inspection 
and copying in the IRS Freedom of Information Reading Room. An 
appointment for inspecting the comments can be made by contacting the 
library at (202) 622-5164.

FOR FURTHER INFORMATION CONTACT: Pat Mance or Teresa A. Bonham, 
National Headquarters EEO and Diversity Office, Internal Revenue 
Service, Department of the Treasury, Room 2422, 1111 Constitution 
Avenue, NW., Washington, DC 20224. Telephone number (202) 622-5410 or 
(202) 622-6786 (TDD).

SUPPLEMENTARY INFORMATION: The Internal Revenue Service (IRS) gives 
notice of a proposed new system of records entitled ``Treasury/IRS 
35.001-Reasonable Accommodation Request Records'' that is subject to 
the Privacy Act of 1974. The IRS is establishing the system of records 
to facilitate the provision of reasonable accommodation by establishing 
procedures and a form for use in requesting such reasonable 
accommodation, as well as providing a record that the request was 
submitted. The request form initiates the agency's reasonable 
accommodation procedures and the system of records serves as the 
agency's record of the administrative events pertaining to the approval 
or disapproval of the requested accommodation. In implementing the 
procedures, a new ``Reasonable Accommodation Request Form'' will be 
implemented Servicewide.
    The new system of records report, as required by 5 U.S.C. 552a(r) 
of the Privacy Act, has been submitted to the Committee on Government 
Reform of the House of Representatives, the Committee on Governmental 
Affairs of the Senate, and the Office of Management and Budget, 
pursuant to Appendix I to OMB Circular A-130, ``Federal Agency 
Responsibilities for Maintaining Records About Individuals,'' dated 
November 30, 2000.
    The proposed new system of records, entitled ``Treasury/IRS 35.001-
Reasonable Accommodation Request Records,'' is published in its 
entirety below.

    Dated: September 17, 2004.
Arnold I. Havens,
General Counsel.
TREASURY/IRS 35.001

SYSTEM NAME:
    Reasonable Accommodation Request Records.

SYSTEM LOCATION:
    National Headquarters, Chief Counsel, and Business Units (Agency-
Wide Shared Services, Appeals, Modernization & Information Technology 
Services (MITS), Taxpayer Advocate Service, Communications and Liaison, 
Criminal Investigation, Wage and Investment, Small Business/Self 
Employed, Large and Mid-sized Business, and Tax Exempt and Governmental 
Entities (TE/GE)). See ``system managers and addresses'' for location.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Applicants and current and former Internal Revenue Service 
employees with disabilities who request reasonable accommodation.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Employee's or applicant's name, occupational series and grade, 
operating division/function, office location and address, office 
telephone number, disability or medical condition, reasonable 
accommodation (RA) requested, explanation of how RA would assist the 
applicant in the application process and the employee in performing 
his/her job, deciding official's name and title, deciding official's 
telephone number, essential duties of the position, information 
relating to an individual's capability to satisfactorily perform the 
duties of the position he/she is either applying for or presently 
holds, relevant medical information, estimated cost of accommodation, 
action by deciding official, signature of employee/applicant, signature 
of the deciding official, signature of health care practitioner, social 
worker, or rehabilitation counselor, medical documentation and 
supporting documents relating to reasonable accommodation.

AUTHORITY:
    Title VII of the Civil Rights Act of 1964, as amended; Civil Rights 
Act of 1991; The Rehabilitation Act of 1973, 29

[[Page 59646]]

U.S.C. 701 et seq., as amended; The Americans with Disabilities Act of 
1990, 42 U.S.C. 12101 et seq. (ADA); Executive Order 13164, Requiring 
Federal Agencies to Establish Procedures to Facilitate the Provision of 
Reasonable Accommodation (July 26, 2000).

PURPOSE:
    The purpose of the system is to implement uniform procedures to 
administer reasonable accommodation requests.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSES OF SUCH USE:
    These records may be used:
    (1) To disclose pertinent information to appropriate Federal, 
State, local, or foreign agencies responsible for investigating or 
prosecuting the violations of, or for enforcing or implementing, a 
statute, rule, regulation, order, or license, where the disclosing 
agency becomes aware of a potential violation of civil or criminal law 
or regulations.
    (2) To disclose information to a Federal, State, or local agency, 
maintaining civil, criminal or other relevant enforcement information 
or other pertinent information, which has requested information 
relevant to or necessary to the requesting agency's or the bureau's 
hiring or retention of an individual, or issuance of a security 
clearance, license, contract, grant or other benefit.
    (3) To provide information to the Department of Justice for the 
purpose of litigating an action or seeking legal advice. Disclosure may 
be made during judicial processes.
    (4) To disclose information in a proceeding before a court, 
adjudicative body, or other administrative body before which the agency 
is authorized to appear when (a) the agency, (b) any employee of the 
agency in his or her official capacity, (c) any employee of the agency 
in his or her individual capacity where the Department of Justice or 
the agency has agreed to represent the employee, or (d) the United 
States, when the agency determines that litigation is likely to affect 
the agency, is a party to litigation or has an interest in such 
litigation, and the use of such records by the agency is deemed to be 
relevant and necessary to the litigation or administrative proceeding 
and not otherwise privileged.
    (5) To provide information to officials of labor organizations 
recognized under 5 U.S.C. chapter 71 when relevant and necessary to 
their duties of exclusive representation.
    (6) To provide information to third parties during the course of an 
investigation to the extent necessary to obtain information.
    (7) To disclose information to the news media and the public, in 
accordance with guidelines contained in 28 CFR 50.2 in the same manner 
as permitted for Department of Justice officials, unless release would 
constitute an unwarranted invasion of personal privacy.
    (8) To disclose information to a contractor to the extent necessary 
for the performance of a contract.
    (9) To disclose information to an arbitrator, mediator, or similar 
person, and to the parties, in the context of alternative dispute 
resolution, to the extent relevant and necessary to permit the 
arbitrator, mediator, or similar person to resolve the matters 
presented, including asserted privileges.
    (10) To disclose information to the Merit Systems Protection Board 
and the Office of Special Counsel in personnel, discrimination, and 
labor management matters when relevant and necessary to their duties.
    (11) To disclose information to foreign governments in accordance 
with formal or informal international agreements when necessary to 
respond to a request for reasonable accommodation.
    (12) To disclose information to the Office of Personnel Management 
and/or to the Equal Employment Opportunity Commission in personnel, 
discrimination, and labor management matters when relevant and 
necessary to their duties.

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, 
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
    Paper and electronic records.

RETRIEVABILITY:
    Date of reasonable accommodation request, employee/applicant for 
employment's name, record number, and Business Unit.

SAFEGUARDS:
    Access controls will not be less than those provided for by the 
Automated Information System Security Handbook, IRM 2(10)00, and the 
Manager's Security Handbook, IRM 1(16)12.

RETENTION AND DISPOSAL:
    Records are maintained in accordance with Record Disposition 
Handbooks, IRM 1(15)59.1 through 1(15)59.32. Records related to 
specific individuals are to be maintained for the duration of 
employment. Aggregate data used to track the agency's performance are 
to be maintained for three years.

SYSTEMS MANAGER(S) AND ADDRESS:
    National Headquarters, Attn: Chief, EEO and Diversity, N:EEO, Room 
2422/IR, 1111 Constitution Avenue, NW., Washington, DC 20224.
    Chief Counsel, Attn: Director, EEO and Diversity Office, Suite 500, 
950 L'Enfant Plaza, SW., Washington, DC 20024.
    Business Units:
    Agency-Wide Shared Services, Room 7554/IR; Communications and 
Liaison, Room 7230/IR; Taxpayer Advocate Service, Room 1314/IR; 
Criminal Investigation, Room 2242/IR; Attn: Director, EEO and Diversity 
Office, 1111 Constitution Avenue, NW., Washington, DC 20224.
    Appeals, Attn: Director, EEO and Diversity Office, FCB, Suite 4200 
E, 1099 14th Street, NW., Washington, DC 20005.
    MITS, Attn: Director, EEO and Diversity Office, 5000 Ellin Road, 
B8-157, Lanham, MD 20706.
    Small Business/Self Employed, Attn: Director, EEO and Diversity 
Office, 5000 Ellin Road, C3-275, Lanham, MD 20706.
    Large and Mid-sized Business, Attn: Director, EEO and Diversity 
Office, 801 9th Street, Mint Building, M3-177, Washington, DC 20001.
    TE/GE, Attn: Director, EEO and Diversity Office, 4050 Alpha Road, 
MS 1120, Dallas, TX 75244.
    Wage and Investment Division, Attn: Director, EEO and Diversity, 
401 W. Peachtree Street, Room 1619, Atlanta, GA 30365.

NOTIFICATION PROCEDURES:
    Individuals seeking access to any record contained in this system 
of records pertaining to themselves or seeking to contest its contents 
may inquire in accordance with instructions appearing in 31 CFR part 1, 
subpart C, Appendix B. Inquiries should be addressed as in ``Record 
Access Procedures'' below.

RECORD ACCESS PROCEDURES:
    Individuals seeking access to any record contained in this system 
of records, or seeking to contest its content, may inquire in 
accordance with instructions appearing at 31 CFR part 1, subpart C, 
Appendix B. Inquiries should be addressed to the Chief, EEO and 
Diversity, Chief Counsel, or Business Units (Appeals, Modernization & 
Information Technology Services, Taxpayer Advocate Service, 
Communications and Liaison, Criminal Investigation, Wage and 
Investment, Small Business/Self Employed, Large and Mid-sized Business, 
and Tax Exempt and Governmental Entities) Directors, EEO and Diversity, 
servicing

[[Page 59647]]

the area in which the individual resides. (See ``System Manager(s) and 
Address'' for location)

CONTESTING RECORD PROCEDURES:
    See ``Notification Procedure'' above.

RECORD SOURCE CATEGORIES:
    Information given by an individual requesting accommodation(s), 
input from individual's manager, documentation from individual's 
medical practitioner, agency medical representative, contractors or 
offices relating to the issuance of accommodation(s).

EXEMPTIONS:
    None.
[FR Doc. 04-22306 Filed 10-4-04; 8:45 am]
BILLING CODE 4830-01-P