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[Federal Register Volume 76, Number 134 (Wednesday, July 13, 2011)]
[Notices]
[Pages 41274-41278]
From the Federal Register Online via the Government Printing 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

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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]
BILLING CODE 9110-9B-P
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