Privacy Act of 1974; System of Records, 66863-66864 [E8-26776]

Agencies

• Office of the Secretary
• DEPARTMENT OF DEFENSE

[Federal Register Volume 73, Number 219 (Wednesday, November 12, 2008)]
[Notices]
[Pages 66863-66864]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-26776]



[[Page 66863]]

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DEPARTMENT OF DEFENSE

Office of the Secretary

[Docket ID DoD-2008-OS-0137]


Privacy Act of 1974; System of Records

AGENCY: Defense Logistics Agency, DoD.

ACTION: Notice to add a system of records.

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SUMMARY: The Defense Logistics Agency is proposing to add a system of 
records to its inventory of record systems subject to the Privacy Act 
of 1974 (5 U.S.C. 552a), as amended.

DATES: This action will be effective on December 12, 2008 unless 
comments are received that would result in a contrary determination.

ADDRESSES: Send comments to the Privacy Act Officer, Headquarters, 
Defense Logistics Agency, ATTN: DP, 8725 John J. Kingman Road, Stop 
2533, Fort Belvoir, VA 22060-6221.

FOR FURTHER INFORMATION CONTACT: Ms. Jody Sinkler at (703) 767-5045.

SUPPLEMENTARY INFORMATION: The Defense Logistics Agency notices for 
systems of records subject to the Privacy Act of 1974 (5 U.S.C. 552a), 
as amended, have been published in the Federal Register and are 
available from the address above.
    The proposed systems reports, as required by 5 U.S.C. 552a(r) of 
the Privacy Act of 1974, as amended, were submitted on October 24, 
2008, to the House Committee on Government Oversight and Reform, the 
Senate Committee on Homeland Security and Governmental Affairs, and the 
Office of Management and Budget (OMB) pursuant to paragraph 4c of 
Appendix I to OMB Circular No. A-130, ``Federal Agency Responsibilities 
for Maintaining Records About Individuals,'' dated February 8, 1996 
(February 20, 1996, 61 FR 6427).

    Dated: November 3, 2008.
Morgan E. Frazier,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
S330.50

System name:
    Reasonable Accommodation Request Records.

System location:
    Equal Employment Opportunity Office, Headquarters, Defense 
Logistics Agency, ATTN: DO, 8725 John J. Kingman Road, Stop 2533, Fort 
Belvoir, VA 22060-6221 and the Equal Employment Opportunity Offices at 
the DLA Field Activities. Official mailing addresses are published as 
an appendix to DLA's compilation of systems of records notices.

Categories of individuals covered by the system:
    Current and former Defense Logistics Agency employees and 
applicants with disabilities who have requested reasonable 
accommodations under The Rehabilitation Act of 1973, as amended.

Categories of records in the system:
    Requests for reasonable accommodations; medical documents; notes or 
records made during consideration of requests; decisions on requests; 
records made to implement or track decisions on requests.

Authority for maintenance of the system:
    The Rehabilitation Act of 1973, as amended; 29 U.S.C. 791, 
Employment of Individuals with Disabilities; E.O. 13163, Increasing the 
Opportunity for Individuals with Disabilities to be Employed in the 
Federal Government; and E.O. 13164, Requiring Federal Agencies to 
Establish Procedures to Facilitate the Provision of Reasonable 
Accommodation.

Purpose(s):
    This system is maintained for the purpose of considering, deciding, 
and implementing requests for reasonable accommodation made by DLA 
employees and applicants with disabilities. The system documents and 
tracks requests made to DLA for reasonable accommodation, and action 
taken by DLA 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 Disability Program Coordinators (DPC) in each field activity 
will use these records to develop cumulative records, without 
individual identifiers, which could include trend and cost analysis, to 
track performance in regard to the provision of reasonable 
accommodation by DLA. The DPC will also use these records to develop a 
qualitative assessment of the local program, to include recommendations 
for improvement, for submission to the DLA Disability Program Manager 
(DPM).
    On a need-to-know basis, information is provided to DLA supervisors 
and managers about necessary restrictions on work or duties of the 
employee and about the necessary accommodations.
    Records will be used by DLA to track agency compliance with E.O. 
13164 and U.S. Equal Employment Opportunity Commission (EEOC) guidance.

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, these records and information contained 
therein may specifically be disclosed outside DOD as a routine use 
pursuant to 5 U.S.C. 552a(b)(3) as follows:
    To first aid and safety personnel, when appropriate, if the 
disability might require emergency treatment.
    To the Department of Labor, in certain circumstances, for workers' 
compensation claims.
    To Federal Government officials charged with the responsibility of 
investigating the Defense Logistics Agency's compliance with The 
Rehabilitation Act of 1973, as amended.
    To the U.S. Equal Employment Opportunity Commission (EEOC) when 
requested in connection with an investigation into alleged or possible 
discriminatory practices in the Federal sector, examination of Federal 
affirmative employment programs, compliance by Federal agencies with 
the Uniform Guidelines on Employee Selection Procedures, or other 
functions vested in the Commission.
    To the Office of Personnel Management; Merit System Protection 
Board; and/or Office of Special Counsel, to provide data without 
personal identifiers for other federally mandated reporting 
requirements.

    Note: In each of these cases, DLA will determine whether 
disclosure of the records is compatible with the purpose for which 
the records were collected.

    The DOD ``Blanket Routine Uses'' also apply to this system of 
record.

Policies and practices for storing, retrieving, accessing, retaining, 
and disposing of records in the system:
Storage:
    Records are stored on paper and/or on electronic storage media.

Retrievability:
    Records are retrieved by the individual's name and the date of the 
request for accommodation or by type of accommodation.

Safeguards:
    Records are maintained in a secure, limited access, or monitored 
work area. Physical entry by unauthorized persons is restricted by the 
use of locks, guards, or administrative procedures. Access to personal 
information is restricted to those who require the records in the 
performance of their official duties. Access to computer records is 
further restricted by the use of passwords

[[Page 66864]]

which are changed periodically. All personnel whose official duties 
require access to the information are to have been trained in the 
proper safeguarding and use of the information, and are to have taken 
Information Assurance and Privacy Act training.

Retention and disposal:
    General files are destroyed three years after supersession or when 
no longer needed for reference whichever is later. These include 
agency-wide and departmental procedures for receiving, processing, and 
appealing requests for reasonable accommodation by employees and 
applicants. Files may include, but are not limited to, instructions, 
directives, notices, forms, timetables and guidelines for requesting, 
processing and approving requests and for appealing decisions for 
reasonable accommodation. Also included are records notifying the U.S. 
Equal Employment Opportunity Commission (EEOC), the agency's collective 
bargaining representative(s), and the agency's Equal Employment 
Opportunity office of the agency's reasonable accommodation request and 
processing procedures as well as modifications to established 
procedures.
    Employee case files are destroyed three years after employee 
separation from the agency or when all appeals are concluded, whichever 
is later. These include individual employee files that are created, 
received, and maintained by the DLA Disability Program Manager, DLA 
Field Activity Disability Program Coordinators or employee relations 
coordinators, immediate supervisors, Computer/Electronic Accommodation 
Program (CAP) administrator, or Human Resource specialists containing 
records of requests by or for an employee or applicant for employment 
for reasonable accommodation and/or assistive technology devices and 
services through the agency or CAP. This series also includes, but is 
not limited to, request approvals and denials, notice of procedures for 
informal dispute resolution or appeal processes, forms, correspondence, 
emails, records of oral conversations, medical documentation, and 
notes.
    Supplemental files are destroyed three years after end of fiscal 
year in which accommodation is decided or when all appeals are 
concluded, whichever is later. Supplemental files may include records 
created, received, and maintained by the DLA Disability Program 
Manager, DLA Field Activity Disability Program Coordinators or employee 
relations coordinators, while advising on, implementing or appealing 
requests for or from an individual employee or applicant for employment 
for reasonable accommodation. Some requests may involve Human Resource 
matters, including but not limited to changes in duties, reassignments, 
leave usage, and performance issues. Files may include, but are not 
limited to, policy guidance, resource information about accommodation 
providers, forms, emails, notes.
    Tracking system records and data created, received, and maintained 
for purposes of tracking agency compliance with Executive Order 13164 
and U.S. Equal Employment Opportunity Commission (EEOC) guidance are 
deleted/destroyed three years after compliance report is filed or when 
no longer needed for reference.

Systems manager(s) and address:
    Director, Equal Employment Opportunity, Headquarters, Defense 
Logistics Agency, 8725 John J. Kingman Road, Fort Belvoir, VA 22060-
6221.

Notification procedure:
    Individuals seeking to determine whether information about 
themselves is contained in this system should address written inquiries 
to the Privacy Act Office, Headquarters, Defense Logistics Agency, 
ATTN: DGA, 8725 John J. Kingman Road, Suite 1644, Fort Belvoir, VA 
22060-6221 or to the Privacy Act Office of the DLA Field Activity where 
Reasonable Accommodation was requested. Official mailing addresses are 
published as an appendix to DLA's compilation of systems of records 
notices.
    Written inquiry should contain the individual's full name and the 
date of the request for accommodation.

Record access procedures:
    Individuals seeking access to information about themselves 
contained in this system should address written inquiries to the 
Privacy Act Office, Headquarters, Defense Logistics Agency, ATTN: DGA, 
8725 John J. Kingman Road, Suite 1644, Fort Belvoir, VA 22060-6221 or 
to the Privacy Act Office of the DLA Field Activity where Reasonable 
Accommodation was requested. Official mailing addresses are published 
as an appendix to DLA's compilation of systems of records notices.
    Written inquiry should contain the individual's full name and the 
date of the request for accommodation.

Contesting record procedures:
    The DLA rules for accessing records, for contesting contents, and 
appealing initial agency determinations are contained in 32 CFR part 
323, or may be obtained from the Privacy Act Office, Headquarters, 
Defense Logistics Agency, ATTN: DGA, 8725 John J. Kingman Road, Suite 
1644, Fort Belvoir, VA 22060-6221.

Record source categories:
    Individual requesting Reasonable Accommodation, input from 
individual's supervisor/manager, documentation from individual's 
medical practitioner, and/or agency medical representative.

Exemptions claimed for the system:
    None.

 [FR Doc. E8-26776 Filed 11-10-08; 8:45 am]
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