[Federal Register: October 5, 2004 (Volume 69, Number 192)]
[Notices]
[Page 59645-59647]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05oc04-114]
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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