Privacy Act of 1974; System of Records, 59271-59274 [2021-23252]

Agencies

• DEPARTMENT OF THE TREASURY

[Federal Register Volume 86, Number 204 (Tuesday, October 26, 2021)]
[Notices]
[Pages 59271-59274]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-23252]


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DEPARTMENT OF THE TREASURY


Privacy Act of 1974; System of Records

AGENCY: Office of Civil Rights and Diversity, Department of the 
Treasury.

ACTION: Notice of a modified system of records.

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SUMMARY: In accordance with the Privacy Act of 1974, the Department of 
the Treasury (``Treasury'' or the ``Department'') proposes to modify 
the current Treasury system of records titled, ``Department of the 
Treasury, SORN .016--Reasonable Accommodations Records System of 
Records.'' The purpose of this system is to allow Treasury and its 
bureaus to collect and maintain records on: Applicants for employment 
who have disabilities; individuals with disabilities to facilitate 
their participation in a Treasury program or activity, including 
attendance at a meeting, training, conference or other Treasury-
sponsored event at either a Treasury facility or outside Treasury 
employees who seek accommodations to allow them to perform the 
essential functions of their job; employees with disabilities who 
request or receive reasonable accommodation as required by the 
Department as the Rehabilitation Act of 1973 and the Americans with 
Disabilities Act, as amended by the Americans with Disabilities 
Amendment Act of 2008 (ADAAA); individuals who receive accommodations 
under the Family Medical Leave Act, and individuals who request or 
receive accommodations under Title VII of the Civil Rights Act of 1964. 
Another purpose of this system is to track and report the processing of 
Treasury-wide requests for reasonable accommodation while ensuring 
compliance with applicable laws and regulations, including 
confidentiality requirements protecting information individuals submit 
in support of accommodation requests.

DATES: Submit comments on or before November 26, 2021. The new and/or 
significantly modified routine uses will be applicable on November 26, 
2021.

ADDRESSES: Comments may be submitted to the Federal eRulemaking Portal 
electronically at https://www.regulations.gov. Electronic submission of 
comments allows the commenter maximum time to prepare and submit a 
comment, ensures timely receipt, and enables the Treasury to make the 
comments available to the public. Please note that public comments are 
submitted through https://www.regulations.gov, a public website. All 
comments will be public and capable of viewing by other members of the 
public. Due to COVID-19-related restrictions, Treasury has temporarily 
suspended the public's ability to provide comments by mail. In general, 
Treasury will post all comments to https://www.regulations.gov without 
change, including any business or personal information provided, such 
as names, addresses, email addresses, or telephone numbers. All 
comments received, including attachments and other supporting material, 
will be part of the public record and subject to public disclosure. You 
should only submit information that you wish to make publicly 
available.

FOR FURTHER INFORMATION CONTACT: For general questions please contact: 
Snider Page, (202) 622-1160, Office of Civil Rights and Diversity, 
Departmental Offices, 1500 Pennsylvania Avenue NW, Washington, DC 
20220. For privacy issues, please contact: The Department of the 
Treasury, Office of Privacy and Civil Liberties via email at 
[email protected].

SUPPLEMENTARY INFORMATION: In accordance with the Privacy Act of 1974, 
5 U.S.C. 552a, the Department of the Treasury (``Treasury''), Office of 
Civil Rights and Diversity proposes to modify the current Treasury 
system of records titled, ``Department of the Treasury SORN .016--
Reasonable Accommodations Records System of Records.''
    The proposed modification to the system of records makes the 
following substantive changes:
    1. Treasury .016--Reasonable Accommodations Records System of 
Records is being modified to add new authority to collect and maintain 
information required to process accommodation requests provided under 
Title VII of the Civil Rights Act of 1964, as amended, which protects 
employees and job applicants from employment discrimination based on 
race, color, religion, sex, and national origin.
    2. Treasury .016--Reasonable Accommodations Records System of 
Records is being modified to add Executive Orders 14042, Ensuring 
Adequate COVID Safety Protocols for Federal Contractors (September 09, 
2021) and 14043, Requiring Coronavirus Disease 2019 Vaccination for 
Federal Employees (September 09, 2021).
    3. Treasury .016--Reasonable Accommodations Records System of 
Records is being modified to make the existing routine use language 
consistent with Office of Management Budget's (OMB) requirements and 
Treasury's standard routine uses and to delete the existing routine 
uses B, E, and H to avoid redundancy (after inclusion of the new 
routine uses.
    The effect of this updated system on individual's privacy is the 
risk of unauthorized access. This risk is mitigated with access 
restrictions, strict application of need to know, privacy and security 
notices consistent with the Privacy Act 5 U.S.C. 552a(b)(1), and a 
confidentiality warning consistent with the Americans with Disabilities 
Act of

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1990, Public Law 101-336, 104 Stat. 328 (1990), as amended by the ADAA.
    This risk is also mitigated by Treasury policies, rules and 
regulations, and other federal laws applicable to accessing, 
collecting, maintaining, and disclosing information from this system. 
The Department of the Treasury monitors, records, and audits system 
usage and access. Unauthorized or improper access and/or use of the 
records maintained in the system is prohibited and may result in civil 
and criminal penalties pursuant to 5 U.S.C. 552a(i)(1), (2), and (3). 
When information from this system is disclosed, the individual 
disclosing the information is required to inform the recipients 
regarding the confidentiality requirements with which the recipient 
must comply after disclosure.
    Treasury will include this modified system in its inventory of 
record systems.
    Below is the description of Treasury.016--Reasonable Accommodations 
Records System of Records.
    Treasury provided a report of this system of records to the 
Committee on Oversight and Government Reform of the House of 
Representatives, the Committee on Homeland Security and Governmental 
Affairs of the Senate, and the Office of Management and Budget (OMB), 
pursuant to 5 U.S.C. 552a(r) and OMB Circular A-108, ``Federal Agency 
Responsibilities for Review, Reporting, and Publication under the 
Privacy Act,'' dated December 23, 2016.

    Dated: October 4, 2021.
Ryan Law,
Deputy Assistant Secretary for Privacy, Transparency, and Records.

SYSTEM NAME AND NUMBER:
    Department of the Treasury, Reasonable Accommodations Records--
Treasury .016.

SECURITY CLASSIFICATION:
    Unclassified.

SYSTEM LOCATION:
    The Department of the Treasury, 1500 Pennsylvania Ave. NW, 
Washington, DC 20220. The records are located in personnel, Equal 
Employment Opportunity (EEO), or designated offices in the bureaus or 
offices in which the reasonable accommodations were filed. The 
locations at which the system is maintained are:
    (1) Departmental Offices: 1500 Pennsylvania Ave. NW, Washington, DC 
20220;
    (2) Alcohol and Tobacco Tax and Trade Bureau: 1310 G St. NW, 
Washington, DC 20220.
    (3) Office of the Comptroller of the Currency: Constitution Center, 
400 Seventh St. SW, Washington, DC 20024;
    (4) Fiscal Service: Liberty Center Building, 401 14th St. SW, 
Washington, DC 20227;
    (5) Internal Revenue Service: 1111 Constitution Ave. NW, 
Washington, DC 20224;
    (6) United States Mint: 801 Ninth St. NW, Washington, DC 20220;
    (7) Bureau of Engraving and Printing: Eastern Currency Facility, 
14th and C Streets SW, Washington, DC 20228 and Western Currency 
Facility, 9000 Blue Mound Rd., Fort Worth, TX 76131;
    (8) Financial Crimes Enforcement Network: P.O. Box 39, Vienna, VA 
22183-0039;
    (9) Special Inspector General for the Troubled Asset Relief Program 
(SIGTARP): 1801 L St. NW, Washington, DC 20220;
    (10) Office of Inspector General: 740 15th St. NW, Washington, DC 
20220; and
    (11) Office of the Treasury Inspector General for Tax 
Administration: 1125 15th St. NW, Suite 700A, Washington, DC 20005.

SYSTEM MANAGER(S):
    EEO Program Manager (202-622-1160), Office of Civil Rights and 
Diversity, Department of the Treasury, 1500 Pennsylvania Ave. NW, 
Washington, DC 20220.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    The Rehabilitation Act of 1973, Sec. Sec.  501 and 504, Public Law 
93-112, as amended; the Americans with Disabilities Act of 1990, Public 
Law 101-336 (1990), as amended by the ADA Amendments Act of 2008 
(ADAA), Public Law 110-325 (2009); Title VII of the Civil Rights Act of 
1964, Public Law 88-352, as amended; and the Family and Medical Leave 
Act of 1993, Public Law 103-3 (1993), as amended; Executive Order 13164 
(July 28, 2000); and Executive Order 13548 (July 26, 2010); Executive 
Order 14042 (September 09, 2021); and Executive Order 14043 (September 
09, 2021).

PURPOSE(S) OF THE SYSTEM:
    The purpose of this system is to allow Treasury, its bureaus and 
offices to collect and maintain records on individuals who seek or 
receive accommodations to facilitate their participation in a Treasury 
program or activity, their attendance at a meeting, training, 
conference or event at a Treasury facility or sponsored by Treasury, 
and employees and applicants for employment who request or receive 
reasonable accommodation by the Department under the Rehabilitation Act 
of 1973, as amended, the Americans with Disabilities Act of 1990, as 
amended by the ADAAA, and Title VII of the Civil Rights Act of 1964, as 
amended. Additionally, this system allows Treasury to collect records 
related to leave requests under the Family and Medical Leave Act of 
1993, including accommodation requests and information. Another purpose 
of this system is to track and report the processing of requests for 
reasonable accommodation Treasury-wide to comply with applicable laws 
and regulations and to preserve and maintain the confidentiality of the 
information provided in support of the accommodation request.

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: The Rehabilitation Act of 1973, Public Law 93-
112, as amended, the Americans with Disabilities Act of 1990, Public 
Law 101-336 (1990), as amended by the Americans with Disabilities Act 
Amendments Act of 2008 (ADAA); Title VII of the Civil Rights Act of 
1964, Public Law 88-352, as amended; and employees who request leave 
under the Family and Medical Leave Act of 1993 (FMLA), Public Law 103-3 
(1993), as amended. This also includes participants in Treasury 
programs and activities, visitors at Treasury facilities (and Treasury-
sponsored events at other facilities), and authorized individuals or 
representatives (e.g., family member or attorney) who request a 
reasonable accommodation on behalf of an applicant for employment or 
employee. It also includes current employees who request or receive and 
former employees who requested or received a reasonable accommodation 
or leave (under FMLA) during their employment with Treasury.

CATEGORIES OF RECORDS IN THE SYSTEM:
     Requestor's status (applicant or anybody who identifies or 
recognizes the need for an accommodation at a Treasury facility);
     First, middle, and last name of the person who requires 
the accommodation;
     Address, phone number, and email address of the person who 
requires the accommodation;
     Date of request;
     Meeting or other event for which the request was made 
(room number, date and time of the meeting/event);
     Program or activity for which the request was made;

[[Page 59273]]

     Job (occupational series, grade level, and bureau or 
office) for which reasonable accommodation was requested; and
     Information concerning the nature of the disability and/or 
the need for accommodation, including appropriate medical or other 
documentation when the disability and/or need for accommodation is not 
obvious or the accommodation cannot be easily provided with little 
effort or expense.
    Information concerning the nature of the disability and/or need for 
accommodation includes:
     Medical documentation provided by the requester or at the 
requestor's direction or request (e.g., by a representative or the 
individual's healthcare provider) as required to substantiate an 
individual's disability or need to care themself or a family member 
(medical documentation supporting the reasonable accommodation request 
must be kept in a confidential file separate and apart from the 
requestor's Official Personnel Folder, Employee Performance File, or 
drop file);
     Information related to employees and their family members, 
including, but not limited to, first, middle, and last name, 
relationship to the employee, as required to substantiate need to care 
for a new child, recover from a serious illness, or care for a 
seriously ill family member.
     Type(s) of accommodation(s) requested or received;
     Request approvals and denials notice of procedures for 
informal dispute resolution or appeal processes, forms, correspondence, 
records of oral conversations, policy guidance documents, and 
supporting notes and documentation.
     Expense(s) information associated with the requested 
accommodation;
     Information about a requestor's religious beliefs, 
voluntarily provided by the requestor in support of a request for 
accommodation or exemption from a requirement or penalty;
     Whether the request came from someone planning to visit a 
Treasury facility;
     Whether an accommodation requested or provided occurred 
pre-employment, during current or former employment or for a particular 
event;
     How the requested accommodation would assist in job 
performance, participation in a Treasury program or activity, or 
attendance at a Treasury-sponsored meeting or event;
     The amount of time taken to process the request;
     Whether the request was granted or denied and reason; and
     The sources of technical assistance consulted in trying to 
identify a possible reasonable accommodation.

RECORD SOURCE CATEGORIES:
    Information is obtained from applicants for employment with 
disabilities as well as employees with disabilities, employees seeking 
leave under FMLA, participants in Treasury programs and activities, 
visitors at Treasury facilities, and authorized individuals or 
representatives (e.g., family member or attorney) who requested or 
received reasonable accommodations from Treasury, its bureaus or 
offices as required by the Rehabilitation Act of 1973, the ADAAA, and 
Title VII of the Civil Rights Act, as amended.

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 the 
Privacy Act of 1974, 5 U.S.C. 552a(b), records and/or information or 
portions thereof maintained as part of this system may be disclosed 
outside Treasury as a routine use pursuant to 5 U.S.C. 552a(b)(3) as 
follows:
    (1) To the United States Department of Justice (``DOJ''), for the 
purpose of representing or providing legal advice to the Department in 
a proceeding before a court, adjudicative body, or other administrative 
body before which the Department is authorized to appear, when such 
proceeding involves:
    (a) The Department or any component thereof;
    (b) Any employee of the Department in his or her official capacity;
    (c) Any employee of the Department in his or her individual 
capacity where DOJ or the Department has agreed to represent the 
employee; or
    (d) The United States, when the Department determines that 
litigation is likely to affect the Department or any of its components; 
and the use of such records by the DOJ is deemed by the DOJ or the 
Department to be relevant and necessary to the litigation provided that 
the disclosure is compatible with the purpose for which records were 
collected.
    (2) 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;
    (3) To a Congressional office in response to an inquiry made at the 
request of the individual to whom the record pertains;
    (4) To the National Archives and Records Administration Archivist 
(or the Archivist's designee) pursuant to records management 
inspections being conducted under the authority of 44 U.S.C. 2904 and 
2906;
    (5) To appropriate agencies, entities, and person when (1) the 
Department of the Treasury and/or Office of Civil Rights and Diversity 
suspects or has confirmed that there has been a breach of the system of 
records; (2) the Department of the Treasury and/or Office of Civil 
Rights and Diversity has determined that as a result of the suspected 
or confirmed breach there is a risk of harm to individuals, the 
Department of the Treasury and/or Office of Civil Rights and Diversity 
(including its information systems, programs, and operations), the 
Federal Government, or national security; and (3) the disclosure made 
to such agencies, entities, and persons is reasonably necessary to 
assist in connection with the Department of the Treasury's and/or 
Office of Civil Rights and Diversity efforts to respond to the 
suspected or confirmed breach or to prevent, minimize, or remedy such 
harm;
    (6) To another Federal agency or Federal entity, when the 
Department of the Treasury and/or the Office of Civil Rights and 
Diversity determines that information from this system of records is 
reasonably necessary to assist the recipient agency or entity in (1) 
responding to a suspected or confirmed breach or (2) preventing, 
minimizing, or remedying the risk of harm to individuals, the recipient 
agency or entity (including its information systems, programs, and 
operations), the Federal Government, or national security, resulting 
from a suspected or confirmed breach;
    (7) To medical personnel to meet a bona fide medical emergency;
    (8) To an authorized appeal grievance examiner, formal complaints 
examiner, administrative judge, equal employment opportunity 
investigator, arbitrator or other duly authorized official engaged in 
investigation or settlement of a grievance, complaint or appeal filed 
by an employee;
    (9) To an actual or potential party to litigation or the party's 
authorized representative for the purpose of negotiation or discussion 
on such matters as settlement, plea bargaining, or in information 
discovery proceedings; and

[[Page 59274]]

    (10) To contractors, grantees, experts, consultants, students, 
interns, and others performing or working on a contract, service, 
grant, cooperative agreement, or other assignment for the federal 
government, when necessary to accomplish an agency function related to 
this system of records.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    Records in this system are on paper and/or in digital or other 
electronic form. Digital and other electronic images are stored on a 
storage area network in a secured environment. Records, whether paper 
or electronic, may be stored in a separate, secure location at the 
Treasury Headquarters or at the bureau or office level.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    Records may be retrieved by name of the requester, employing bureau 
or office, or any unique identifying number assigned to the request if 
applicable.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    In accordance with NARA General Records Schedule (GRS) 2.3 
(Employee Relations Records) item 20 (Reasonable accommodation case 
files), this schedule includes all individual employee files created, 
received, and maintained by Treasury's Equal Employment Opportunity 
(EEO) reasonable accommodation, diversity/disability programs, employee 
relations coordinators, supervisors, administrators, or Human Resource 
specialists containing records of requests for reasonable accommodation 
and/or assistive technology devices and services that have been 
requested for or by an employee. This includes: Requests, approvals and 
denials, notice of procedures for informal dispute resolution or appeal 
processes, forms, correspondence, records of oral conversations, policy 
guidance documents, medical records, supporting notes and 
documentation.
    Disposition Authority: DAA-GRS2018-0002-0002.
    Disposition Instruction: Temporary. Destroy three (3) years after 
employee separation from the agency or all appeals are concluded 
whichever is later, but longer retention is authorized if required for 
business use.

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    Records in this system are safeguarded in accordance with 
applicable rules and policies, including all applicable Treasury 
automated systems security and access policies. Strict controls have 
been imposed to minimize the risk of information compromise. Access to 
the computer system(s) containing the records in this system are 
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.
    All medical information, including information about functional 
limitations and reasonable accommodation needs obtained in connection 
with a request for reasonable accommodation or FMLA leave must be kept 
confidential and shall be maintained in secure files separate from the 
Official Personnel Folder, Employee Performance File, or drop 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 information recipients regarding the confidentiality 
requirements that the recipient must continue to apply to the 
information after it is received.

RECORD ACCESS PROCEDURES:
    See ``Notification procedure'' below.

CONTESTING RECORD PROCEDURES:
    See ``Notification procedure'' below.

NOTIFICATION PROCEDURES:
    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 in accordance with Treasury's Privacy 
Act regulations (located at 31 CFR 1.26) to the Freedom of Information 
Act (FOIA) and Transparency Liaison, whose contact information can be 
found at https://www.treasury.gov/FOIA/Pages/index.aspx under ``FOIA 
Requester Service Centers and FOIA Liaison.'' If an individual believes 
more than one bureau maintains Privacy Act records concerning him or 
her, the individual may submit the request to the Office of Privacy, 
Transparency, and Records, FOIA and Transparency, Department of the 
Treasury, 1500 Pennsylvania Ave. NW, Washington, DC 20220. The request 
must be signed, and 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 submit your request online at https://rdgw.treasury.gov/foia/pages/gofoia.aspx or call for 1-202-622-0930 for 
questions. The requester must submit a written and signed request that:
     States that the request is made pursuant to the FOIA and/
or Privacy Act disclosure regulations;
     Includes information that will enable the processing 
office to determine the fee category of the user;
     Is addressed to the bureau that maintains the record (in 
order for a request to be properly received by the Department, the 
request must be received in the appropriate bureau's disclosure 
office);
     Reasonably describe the records;
     Gives the address where the determination letter is to be 
sent;
     States whether or not the requester wishes to inspect the 
records or have a copy made without first inspecting them; and
     Include a firm agreement from the requester to pay fees 
for search, duplication or review, as appropriate. In the absence of a 
firm agreement to pay, the requester may submit a request for a waiver 
or reduction of fees, along with justification of how such a waiver 
request meets the criteria for a waiver or reduction of fees found in 
the FOIA statute at 5 U.S.C. 552(a)(4)(A)(iii).
    This bulleted information will assist the FOIA and Transparency 
staff in conducting an effective search for your records.

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    None.

HISTORY:
    Notice of this system of records was last published in full in the 
Federal Register on November 7, 2016 as Treasury .016--Reasonable 
Accommodations Records--81 FR 78266.

[FR Doc. 2021-23252 Filed 10-25-21; 8:45 am]
BILLING CODE 4810-25-P