Privacy Act of 1974; Notice of Modified System of Records

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\

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\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.''

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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

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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

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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.''

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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]

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