[Federal Register Volume 63, Number 14 (Thursday, January 22, 1998)] [Notices] [Pages 3346-3349] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 98-1524] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF JUSTICE [AAG/A Order No. 148-98] Privacy Act of 1974; Modified System of Records Pursuant to the Privacy Act of 1974 (5 U.S.C. 552a), notice is given that the Department of Justice, Justice Management Division, proposes to modify a system of records entitled ``Department of Justice Payroll System, JMD-003.'' The Department is modifying the system of records to show that, pursuant to an interagency agreement, the Department provides the U.S. Department of Agriculture, National Finance Center (NFC), relevant and necessary data to perform pay-related functions on the Department's behalf. In addition, the system description, in particular the routine use disclosure section, has been extensively edited. Four new routine uses have been italicized for public convenience. [[Page 3347]] Title 5 U.S.C. 552a(e)(4) and (11) provide that the public be given a 30-day period in which to comment on the new routine uses of a system of records. The Office of Management and Budget (OMB), which has oversight responsibility under the Act, requires that it be given a 40- day period in which to review the modifications to the system. Therefore, please submit any comments by February 23, 1998. The public, OMB, and the Congress are invited to send written comments on new or revised routine uses to Patricia E. Neely, Information Management and Security Staff, Justice Management Division, Department of Justice, Washington, D.C. 20530 (Room 850, WCTR Building). A description of the system of records is provided below. In accordance with 5 U.S.C. 552a(r), DOJ has provided a report to OMB and the Congress on the modification of this system of records. Dated: January 4, 1998. Stephen R. Colgate, Assistant Attorney General for Administration. JUSTICE/JMD-003 SYSTEM NAME: Department of Justice Payroll System, Justice/JMD-003. SYSTEM LOCATION: Payroll records in electronic or paper format may be found in the following locations: a. Post Conversion Records.\1\ As of May 1993, payroll information in electronic format is located on a computer maintained by the NFC in New Orleans, Louisiana; and at backup facilities in Philadelphia. Relevant data may also be stored on Justice Data Center Computers at the Department of Justice for use in distributing accounting information to the individual Bureaus. Paper and electronic payroll information may be kept at various time and attendance recording and processing stations around the world. Paper records may be located in the Department's Personnel Staff, in servicing personnel offices throughout the Department, and in the offices of employee supervisors and managers. --------------------------------------------------------------------------- \1\ The Department has contracted with the Department of Agriculture's National Finance Center (NFC) to maintain payroll information and conduct payroll-related activities for its employees. Conversion began in July of 1991 and was incrementally completed as of May of 1993. --------------------------------------------------------------------------- b. Pre-conversion Records. Historical data is stored on magnetic tape at the Justice Data Center in Rockville, Maryland, and on microfiche by the Department's Finance Staff. Historical data in paper format may also be located in the Department's Finance and Personnel Staffs, in servicing personnel offices, and in the offices of employee supervisors and managers. CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: Current and former DOJ employees (excluding the FBI). CATEGORIES OF RECORDS IN THE SYSTEM: Any and all records essential to the conduct of payroll-related activities. Included may be: --Personal Identifying/personnel data --Time and attendance records --Leave records --Allotment or deduction information such as bonds, garnishments, health benefits, life insurance, Thrift Savings Plan and other savings, retirement, and union dues. --Travel and Relocation information --Court orders to initiate garnishments --Check mailing information --Tax, withholding, and exemption information --Accounting and organization funding information --Salary, severance pay, award, and bonus information; active retirement records --Former employee pay records --Employee death records --Returned employee check records --Indebtedness records, e.g., overpayment of pay or travel AUTHORITY FOR MAINTENANCE OF THE SYSTEM: Budget and Accounting Act of 1950, as amended, 31 U.S.C. 66, 66a, and 20(a). PURPOSE(S): This system of records is maintained to enable the Department to administer the payroll and payroll-related functions, and any other related financial matters, in accordance with applicable laws and regulations and the requirements of the General Accounting Office (GAO) and the Office of Personnel Management (OPM). It enables the Department to prepare and document payment to all Department employees entitled to be paid and to effect all authorized deductions from gross pay; to coordinate pay, leave and allowance operations with personnel functions and other related activities; meet internal and external reporting requirements; support investigations of fraud, the collection of debts, and litigation activities. ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES: Pursuant to Subsection (b)(3) of the Privacy Act, the Department of Justice (DOJ) may disclose relevant and necessary data as follows: In accordance with an interagency agreement (as provided for in Office of Management and Budget (OMB) implementing regulations (40 FR 28948)), the DOJ may disclose to the U.S. Department of Agriculture (USDA), National Finance Center (NFC), in order to effect all financial transactions on behalf or the DOJ related to employee pay. Specifically, the NFC may effect employee pay or deposit funds on behalf of DOJ employees, and/or it may withhold, collect or offset funds from employee salaries as required by law or as necessary to correct overpayment or amounts due. For example, the NFC will routinely make the necessary disclosures to Treasury for the issuance of checks; to Federal, State, and local authorities and the Social Security Administration for tax withholdings; and, according to employee directions, to the appropriate financial institutions, charitable organizations, unions, health carriers, or other appropriate entities to effect such pay distributions as savings bonds, charitable contributions, allotments, alimony, child support, union dues, and health and life insurance. In addition, the NFC will use the data to perform related administrative activities such as to certify payroll vouchers chargeable to DOJ funds; and either to perform or participate in routine audit/oversight operations of USDA/DOJ management and/or of GAO, OMB, and OPM; and to meet related reporting requirements. In addition, based on such data as the DOJ has input to the NFC data base for these purposes, the DOJ may subsequently make a paper request, or an electronic request to the NFC data base, for information which will allow the DOJ to disclose relevant information as follows; or, where appropriate or necessary, DOJ may authorize the NFC to make the disclosure: To Federal, State, or local housing authorities to enable these authorities to determine eligibility for low cost housing. To heirs, executors and legal representatives of beneficiaries for estate settlement purposes. To State and local courts of competent jurisdiction for the enforcement of child support, alimony, or both, pursuant to 41 U.S.C. 659. To individuals, organizations, or agencies to enable such person, [[Page 3348]] organization, or agency to determine the identity or location of a current or former Federal employee to collect debts owed, where collection of such debts are authorized (either by statute, implementing regulation, or order issued pursuant thereto) and the individual, organization, or agency, has provided sufficient evidence as will reasonably validate such claims, e.g., where a spouse or creditor seeking to obtain a garnishment of wages for such purposes as alimony and/or child support has provided a court order to substantiate the indebtedness. Information relevant to the request for such garnishment may include informing the individual, organization, or agency of the unavailability of funds where, for example, a currently active garnishment precludes the implementation of a further garnishment. To the Office of Child Support Enforcement (OCSE), Administration for Children and Families, Department of Health and Human Services, any information specifically required by statute or implementing regulation or otherwise determined to be necessary and proper for OCSE's use (as outlined more specifically in relevant OCSE published systems of records) in locating individuals owing child support obligations, and in establishing and collecting child support obligations from such individuals, including enforcement action. Information disclosed may include: Name, address, date of birth, date of hire, duty station, and social security number of the employee; the wages paid to the employee during the previous quarter; and the appropriate address and Federal Employer Identification Number of the Department of Justice. To the appropriate Federal, State, or local agencies, e.g., to State unemployment agencies and/or the Department of Labor, to assist these agencies in performing their lawful responsibilities in connection with administering unemployment, workers' compensation, or other benefit programs; and similarly, to such agencies to obtain information that may assist the Department of Justice in performing its lawful responsibilities as they relate to such benefit programs. To labor organizations recognized under 5 U.S.C., Chapter 71, the home addresses or designated mailing addresses of bargaining unit members. In the event that a record(s), either on its face or in conjunction with other information, indicates a violation or a potential violation of law, whether civil, criminal or regulatory in nature, to the agency charged with enforcing or implementing such law. To the Internal Revenue Service (IRS) to obtain taxpayer mailing addresses for the purpose of locating such taxpayer to collect or compromise a Federal claim against the taxpayer. To a person or organization with whom the head of the agency has contracted for collection services to recover indebtedness owed to the United States. Addresses of taxpayers obtained from the IRS will also be disclosed, but only where necessary to locate such taxpayer to collect or comprise a Federal claim. To a Federal, State, local, or foreign agency or to an individual or organization if there is reason to believe that such agency, individual, or organization possesses information relating to the debt, the identity or location of the debtor, the debtor's ability to pay, or relating to any other matter which is relevant and necessary to the settlement, effective litigation and enforced collection of the debt, or relating to the civil action trial or hearing, and the disclosure is reasonably necessary to elicit such information or to obtain the cooperation of a witness or an agency. To employees to effect salary or administrative offsets to satisfy a debt owed the United States by that person; or when other collection efforts have failed, to the IRS to effect an offset against an income tax refund otherwise due. To the news media and the public pursuant to 28 CFR 50.2 unless it is determined that release of the specific information in the context of a particular case would constitute an unwarranted invasion of personal privacy. To a Member of Congress or staff acting upon the Member's behalf when the Member or staff requests the information on behalf of and at the request of the individual who is the subject of the record. To the National Archives and Records Administration and the General Services Administration for use in records management inspections conducted under the authority of 44 U.S.C. 2904 and 2906. In a proceeding before a court or adjudicative body before which the Department is authorized to appear when any of the following is a party to litigation or has an interest in the litigation and such records are determined by the Department to be arguably relevant to the litigation: The Department, or any of the Department's components or their subdivisions; any Department employee in his/her official capacity, or in his/her individual capacity where the Department of Justice agrees to represent the employee; or the United States where the Department determines that the litigation is likely to affect it or any of the Department's components or their subdivisions. Consistent with the foregoing routine use provisions, the Department may disclose records from this system of records for use in a computer matching program (as defined in the Privacy Act, 5 U.S.C. section 552a(8)). In accordance with the requirements of the Privacy Act, the public will be given advance notice in the Federal Register of the Department's participation in any such computer matching program(s). In addition to the above routine use disclosures under subsection (b)(3) of the Privacy Act, the DOJ may retrieve from the NFC data base information which will enable the DOJ to make relevant and necessary disclosures pursuant to any of the other relevant and appropriate Privacy Act disclosure provisions. Finally, 31 U.S.C. 3711 requires that the notice required by section 552a(e)(4) of title 5 must indicate that information in the system may be disclosed to a consumer reporting agency pursuant to subsection (b)(12). Such notice is provided as follows: Notice of Disclosure to Consumer Reporting Agencies Under Subsection (b)(12) of the Privacy Act: Records relating to the identity of debtors and the history of claims may be disseminated to consumer reporting agencies to encourage payment of the past-due debt. Such disclosures will be made only when a claim is overdue and only after due process steps have been taken to notify the debtor and give him or her a chance to meet the terms of the debt. (Any disclosures that may be made for debt collection purposes, whether made pursuant to subsection (b)(3) or (b)(12), would be made only when all the relevant due process or procedural steps established by the relevant statutes and implementing regulations have been taken.) Policies and Practices for Storing, Retrieving, Accessing, Retaining and Disposing of Records in the System: Storage: Records are stored on computer disks, magnetic tapes, microfiche and on paper. Retrievability: Records are retrieved by name and social security number. [[Page 3349]] Safeguards: Access to premises where records are stored is restricted via building passes and security guards. Access to all records is supervised and restricted to those employees with a need to know. In addition, access to computerized records is protected by encryption, password and appropriate user ID's. Retention and Disposal: Records are disposed of in accordance with General Records Schedule No. 2 as promulgated by the General Services Administration. System Manager(s) and Address: Director, Personnel Staff, Justice Management Division, Department of Justice, Ariel Rios Building, 1200 Pennsylvania Avenue, NW., Suite 5206, Washington, DC 20530. Notification Procedure: The individual may address inquiries to the servicing personnel office of the Department component(s) by which he/she is or was employed. Addresses of Department components may be found in Appendix I., to part 16 of the Code of Federal Regulations. The individual may also address his/her request to the system manager named above. Record Access Procedure: Same as above. Contesting Record Procedure: Same as above. Record Source Categories: Individuals covered by the system; personnel offices; time and attendance clerks; supervisors, administrative officers, other officials; financial institutions or employee organizations; previous Federal employers; consumer reporting agencies; debt collection agencies; and the courts. Systems Exempted from Certain Provisions of the Act: None. [FR Doc. 98-1524 Filed 1-21-98; 8:45 am] BILLING CODE 4410-AR-M