Privacy Act of 1974; Notice of Modified System of Records

[Federal Register Volume 63, Number 217 (Tuesday, November 10, 1998)]
[Notices]
[Pages 63075-63078]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-30156]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF JUSTICE

[AAG/A Order No. 153-98]


Privacy Act of 1974; Notice of Modified System of Records

    Pursuant to the provisions of the Privacy Act of 1974 (5 U.S.C. 
552a), the Justice Management Division, Department of Justice, proposes 
to modify a system of records entitled, ``Department of Justice (DOJ) 
Controlled Parking Records, Justice/JMD-017.'' Notice of the system was 
last published in the Federal Register on October 2, 1990 (55 FR 
40244). Modifications to the system include:
    ``System Name'' has been changed to ``Department of Justice (DOJ) 
Employee Transportation Facilitation System, Justice/JMD-017.'' \1\
---------------------------------------------------------------------------

    \1\ The Office of the Federal Register shall remove from DOJ's 
compilation of Privacy Act issuances the system of records entitled 
``Department of Justice (DOJ) Controlled Parking Records, Justice/
JMD-017,'' and add to DOJ's compilation the modified system of 
records entitled, ``Department of Justice (DOJ) Employee 
Transportation Facilitation System, Justice/JMD-017.''
---------------------------------------------------------------------------

    The purpose of this system of records has been expanded. 
Information in the system was used to assign, manage, and control the 
use of vehicle parking spaces. Information will be added to assist in 
managing the issuance of transit subsidies.
    Existing routine use (5) has been modified. First, disclosure may 
be made to ensure that Federal employees do not simultaneously receive 
both a parking benefit and transit subsidy--either from their 
respective agencies or in conjunction with another Federal agency. 
Second, disclosure of non-Federal ridesharing applicant information may 
be made to enable DOJ and other Federal agencies to validate parking 
permit eligibility for their employees.
    Two new routine uses identified as routine uses (3) and (4) have 
been added.
    The ``Categories of Individuals Covered by the System'' has been

[[Page 63076]]

expanded to include all applicants for any benefit provided under the 
expanded program, e.g., ridesharing and transit subsidy applicants.
    Appropriate changes related to the addition of this information 
have been made throughout the system description. In addition, other 
appropriate revisions, e.g., additional authority citations have been 
added. Finally, the necessary edits have been made to report this 
system of records as a Department-wide system, i.e., these records may 
be maintained by all Department components.
    This 5 U.S.C. 552a(e)(4) and (11) provide that the public be given 
a 30-day period in which to comment on new routine uses; the Office of 
Management and Budget (OMB), which has oversight responsibility under 
the Act, requires a 40-day period in which to review the system 
modifications. Therefore, please submit comments by December 10, 1998. 
The public, OMB, and the Congress are invited to comment on the 
modification to this system. Comment may be submitted to Patricia E. 
Neely, Program Analyst, Information Management and Security Staff, 
Justice Management Division, Department of Justice, Washington, D.C. 
20530 (Room 850 WCTR Building).
    In accordance with 5 U.S.C. 552a(r), the Department has provided a 
report on the system modification to OMB and the Congress. The system 
description is reprinted below.

    Dated: October 30, 1998.
Stephen R. Colgate,
Assistant Attorney General for Administration.
JUSTICE/JMD-017

SYSTEM NAME:
    Department of Justice (DOJ) Employee Transportation Facilitation 
System, Justice/JMD-017.

SYSTEM LOCATION(S):
    Records are located in the offices of the Employee Transportation 
Coordinator of the respective DOJ components as listed in Appendix I of 
part 16, 28 CFR.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Covered are any individuals who may apply for or participate in the 
ridesharing, parking, or transit subsidy programs of the DOJ. 
Individuals include: (1) DOJ employees and other Federal and non-
Federal agency employee applicants for, and/or recipients of 
ridesharing information; (2) DOJ applicants for and/or recipients of 
parking privileges; (3) DOJ and other Federal and non-Federal agency 
employees, who may participate as riders in the parking program with 
DOJ employees who have applied for or who have been granted parking 
privileges; (4) DOJ applicants for, and/or recipients of, transit 
subsidies and authorized use of home-to-work transportation.
    DOJ employee applicants and recipients may include former DOJ 
employees; non-Federal employees may include private sector and other 
State and local government employees.

CATEGORIES OF RECORDS IN THE SYSTEMS:
    Records in the system include any records necessary to carry out 
the responsibilities authorized by law related to parking, ridesharing, 
and transit subsidy programs.

    Paper records may include DOJ car/vanpool parking space 
applications and written requests for executive, unusual and 
handicapped parking assignments; ridesharing applications which 
provide or request applicant information related to availability for 
car/vanpools, and/or which provide or request similar information 
related to potential car/vanpool members; transit subsidy 
applications and certifications; correspondence to applicants; and 
administrative reports--including status reports and reports of 
disbursements to transit subsidy recipients.
    Paper records may also include the notifications described under 
``Routine Uses of Records Maintained in the System, * * *.''
    Computer records may include data from the employee applications 
and/or from personnel records. Data from personnel records may 
include any data needed to process an application--such as that 
needed to verify employment, e.g., Federal service computation data, 
organization code, or that needed to identify parking assignments or 
fare subsidies that are no longer valid, e.g., separation date.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    5 U.S.C. 301; 40 U.S.C. 471 et seq.; Executive Order 12191 of 
February 1, 1980, on the Federal Facility Ridesharing Program; the 
Federal Employees Clean Air Incentives Act (Pub. L. 103-172), effective 
January 1, 1994; and Treatment of Employer-Provided Transportation 
Benefits (Pub. L. 102-486, section 1911), effective December 31, 1992.

PURPOSE(S):
    Information in the system will be used to assign, manage, and 
control the use of vehicle parking spaces and the issuance of transit 
subsidy benefits; to assist employees and the public in forming car/
vanpools; and to ensure the integrity of the parking and transit 
subsidy programs of the Department of Justice and other Federal 
agencies by validating parking assignments and transit subsidy 
requests. Federal employees will not be able to participate in their 
transit subsidy program if they are provided parking/rider benefits by 
any Federal agency. Similarly, Federal employees will not be able to 
participate in their agency parking program if they receive either 
parking/rider benefits from another Federal agency, or transit subsidy 
benefits from their own agency.

Routine Uses of Records Maintained in the System, Including Categories 
of Users and the Purposes of Such Uses:
    Relevant records may be disclosed:
    (1) As is necessary to respond to congressional inquiries on behalf 
of constituents;
    (2) To the National Archives and Records Administration and to the 
General Services Administration in records management inspections 
conducted under the authority of Title 44 U.S.C. 2904 and 2906; and
    (3) To DOJ employees to enable them to contact other individuals 
covered by this system of records for the purpose of forming or 
participating in a car/vanpool.
    (4) To Federal agencies and/or to the Metropolitan Council of 
Governments, and similar organizations, to enable such organizations--
through coordinating efforts with other Federal agencies--to provide 
information to any person for the purpose of contacting any individuals 
covered by this system of records in order to form or participate in a 
car/vanpool. Disclosure may include a list of program participants or, 
where appropriate, it may relate to only one or multiple individuals.
    (5) To Federal agencies, DOJ may also provide information as 
follows:
    DOJ employee information:
    (a) Upon request, either a list of DOJ employees, or an 
affirmative, negative or ``non-DOJ employee'' response as to whether or 
not a DOJ employee(s) (or name represented to be a DOJ employee)--is 
listed as a participant (or as an applicant in DOJ's parking or transit 
subsidy programs; or is authorized to use a DOJ vehicle for home-to-
work transportation (or has requested such authorization). Disclosure 
is made to enable that Federal agency to determine or validate a DOJ 
employee's eligibility to participate in its parking program.
    (b) Upon DOJ initiative, either a DOJ employee name(s) or a list on 
which DOJ employees are named as participants (or as applicants) in 
DOJ's parking or transit subsidy programs, or as employees authorized 
to use a DOJ vehicle for home-to-work transportation (or as employees 
who have requested such authorization). Disclosure is made

[[Page 63077]]

to elicit an affirmative or negative response as to whether such DOJ 
employee(s) participate with another Federal agency employee in that 
agency's parking program (or have requested such participation), and 
thus enable DOJ to determine or validate DOJ employee eligibility for 
any form of DOJ parking privileges, or for DOJ transit subsidies.
    Other Federal Agency Employee Information:
    (c) Upon request, either a list of another Federal agency's 
employees or an affirmative or negative response as to whether or not 
such agency employee(s) participate (or have requested participation) 
in DOJ's parking program. Disclosure is made to enable that agency to 
determine or validate eligibility for any form of parking privileges, 
or transit subsidy benefits, for its employees.
    (d) Upon DOJ initiative, either a Federal agency employee name(s) 
or a list on which such agency's employee(s) are named as participating 
in DOJ's parking program (or has requested such participation). 
Disclosure is made to elicit from that agency an affirmative, negative, 
or ``non-employee'' response as to whether such employee(s) participate 
(or have requested participation) in that agency's parking or transit 
subsidy programs, or are authorized to use a vehicle for home-to-work 
transportation (or have requested such authorization), and thus enable 
DOJ to determine or validate other Federal agency employee eligibility 
to participate in DOJ's parking program.
    Non-Federal Employee Information:
    (e) Upon request, either the name(s) of non-Federal employees, a 
list of names, or a list which includes their name(s). Disclosure is 
made to enable the agency to determine whether a non-Federal employee 
may also be listed as a rider in DOJ's parking program and, as a 
result, enable the agency to determine or validate parking permit 
eligibility for its employees.
    (f) Upon DOJ initiative, either the name(s) of non-Federal 
employees, a list of names, or a list which include their name(s). 
Disclosure is made to enable the DOJ to determine whether a non-Federal 
employee may also be listed as a rider in that agency's parking program 
and, as a result, enable the DOJ to determine or validate parking 
permit eligibility for DOJ employees.
    Parking spaces may be assigned according to a variety of 
established priorities among Federal agencies and, in some instances, 
according to specific criteria, e.g., carpools with the greatest number 
of participants (except in a tie). Therefore, these disclosures would 
enable other Federal agencies and DOJ to review the validity of parking 
space assignments, identify and take appropriate action with respect to 
those who violate parking assignment policies (as set forth in 
published agency operating procedures and policies), and thus allocate 
spaces fairly. In addition, because transit subsidies are offered to 
encourage the use of public transportation for those not allocated 
parking privileges, such disclosures would also enable other Federal 
agencies and DOJ to ensure that both parking privileges and transit 
subsidies are not provided to the same employee(s).

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, 
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
    Records are stored in hard copy form and/or electronically.

RETRIEVABILITY:
    Records may be retrieved by individual name, social security 
number, residential zip code, vehicle tag number, vehicle type, or 
other information from the application or personnel records. Records 
may be retrieved by name or other identifier directly and/or by asking 
the system to segregate a list, by name, of those who work for a 
particular DOJ component. Former DOJ employee names are retrieved by 
asking the system to segregate a list, by name, of those parking 
participants who have separated from employment with DOJ. Other Federal 
agency employee names are retrieved by asking the system to segregate a 
list, by name, of those parking participants who are identified as 
employees of a particular Federal agency. Non-Federal agency employee 
names may be similarly segregated.

SAFEGUARDS:
    These files are stored in locked file cabinets in secured 
facilities, and access is restricted to personnel having an official 
need. Automated records are protected through computer password 
security.

RETENTION AND DISPOSAL:
    Data is deleted from the data base when the individual covered by 
the system no longer participates in the Employee Transportation 
Facilitation program, e.g., is no longer on the ridesharing listing; is 
no longer a member of a car/vanpool; or, no longer receives a transit 
subsidy. Paper copies of reports and listings are retained (under 
General Records Schedule 6) for six years starting with October 1 of 
the next fiscal year after the date that the individual no longer 
participates in the program.

SYSTEMS MANAGER(S) AND ADDRESS:
    Director, Facilities and Administrative Services Staff, Justice 
Management Division, NPB Suite 1070, Department of Justice, Washington, 
DC 10530.

NOTIFICATION PROCEDURES:
    Individuals wanting to know whether information about them is 
maintained in this system of records may review their own ridesharing, 
parking, transit subsidy, or other personal data upon presentation of a 
picture identification card at the appropriate address indicated under 
``Records Access Procedures.''

RECORDS ACCESS PROCEDURES:
    Except as otherwise noted, employees of the Offices, Boards, and 
Divisions (listed in Appendix I of part 16, 28 CFR) may appear in 
person or address their requests for access to: Employee Transportation 
Coordinator, Facilities and Administrative Services Staff, Justice 
Management Division, NPB Suite 1070, Department of Justice, Washington, 
DC 10530.
    Except as otherwise noted, employees of the bureaus (listed in 
Appendix I of part 16, 28 CFR) may appear in person or address their 
requests for access to the following bureau officials, attention 
Employee Transportation Coordinator:

Director, Bureau of Prisons, HOLC Building, 320 First Street, NW., 
Washington, DC 20534
Administrator, Drug Enforcement Administration, 700 Army Navy Drive, 
Arlington, VA 22202
Director, Federal Bureau of Investigation, J. Edgar Hoover Building, 
935 Pennsylvania Avenue, NW., Washington, DC 20535-0001
Commissioner, Immigration and Naturalization Service, 425 Eye Street, 
NW., Washington, DC 20536
Director, U.S. Marshals Service, 600 Army Navy Drive, Arlington, VA 
22202

    Individuals who park in a DOJ building (or DOJ-leased space) other 
than the one in which they work, may review their parking record by 
presenting the required identification to the Employee Transportation 
Coordinator at the appropriate building address.

CONTESTING RECORD PROCEDURES
    Individuals may request changes to their own record by submitting 
the proposed changes in writing at the appropriate address indicated 
under ``Records Access Procedures.''

[[Page 63078]]

Individuals who submit proposed changes to information provided by 
third parties should be prepared to provide information supporting 
their contention that such third-party information is erroneous.

RECORD SOURCE CATEGORIES:
    DOJ and other Federal Agency applicants; DOJ personnel records; 
participating Department components and other Federal agencies.

SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT:
    None.

[FR Doc. 98-30156 Filed 11-9-98; 8:45 am]
BILLING CODE 4410-CH-M