[Federal Register Volume 64, Number 134 (Wednesday, July 14, 1999)]
[Notices]
[Pages 37990-37992]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-17762]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Program Support Center


Privacy Act of 1974; New System of Records

AGENCY: Program Support Center (PSC), HHS.

ACTION: Notification of a new system of records.

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SUMMARY: In accordance with the requirements of the Privacy Act, the 
PSC is publishing a notice of a new system of records, 09-40-0013, 
``PSC Parking Program and PSC Transhare Program Records, HHS/PSC/AOS.'' 
We are also proposing routine uses for this new system.

DATES: The PSC invites interested parties to submit comments on the 
proposed internal and routine uses on or before August 18, 1999. The 
PSC has sent a Report of a New System to the Congress and to the Office 
of Management and Budget (OMB) on July 2, 1999. The new system of 
records will be effective 40 days from the date submitted to OMB unless 
PSC receives comments which would result in a contrary determination.

ADDRESSES: Address comments to the Privacy Act Officer, Program Support 
Center, 5600 Fishers Lane, Room 17A-08, Rockville, Maryland 20857. We 
will make comments received available for public inspection at the 
above address during normal business hours, 8:30 a.m.-5 p.m.

FOR FURTHER INFORMATION CONTACT: Irene West, Room 17A-08, Parklawn 
Building, 5600 Fishers Lane, Rockville, Maryland 20857, telephone (301) 
443-2045. This is not a toll-free number.

SUPPLEMENTARY INFORMATION: The Program Support Center (PSC) proposes to 
establish a new system of records: 09-40-0013, ``PSC Parking Program 
and PSC Transhare Program Records, HHS/PSC/AOS.'' This system of 
records will be used by PSC staff to: (1) Administer the parking 
program at the Parklawn Building complex; (2) manage the PSC Transhare 
Program, including receipt and processing of employee applications, and 
coordination of the fare media distribution to employees; and (3) 
monitor the use of funds used to support the PSC Transhare Program.
    The system will contain records that contain information such as 
participant's name; pay plan; grade level; employing organization; 
building and room; duty hours and location; name of supervisor; home 
address; office telephone number; assigned parking space number; 
vehicle information, i.e., tag number and State; make and model of car; 
physician's statement in support of handicapped parking assignments and 
query to supervisors in support of handicapped parking assignments, 
where applicable; Transhare commuter card number; commute mode to work; 
and type of fare media used.
    The amount of information recorded on each individual will be only 
that which is necessary to accomplish the purpose of the system. Each 
record is established from an application form that has been submitted 
to the Parking and Information Office, Building Management Branch, 
Division of Property Management, Administrative Operations Service, 
PSC, by the applicant.

    Authorities: The Federal Property and Administrative Services 
Act of 1949, as amended; and, Pub. L. 101-509 section 629, as 
amended, (5 U.S.C. 7905, ``Programs to encourage commuting by means 
other than single-occupancy motor vehicles'').

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSES OF SUCH USES:
    The routine uses proposed for this system are compatible with the 
stated purposes of the system, i.e., to administer and manage the PSC 
Parking and Transhare Programs and to monitor the use of funds used to 
support the PSC Transhare Program.
    The PSC will disclose relevant information to third parties outside 
the Department as follows: Routine use 1: PSC may disclose information 
from this system of records to city, county, State, and Federal law 
enforcement agencies should PSC become aware of evidence of a potential 
violation of civil or criminal law. Routine use 2: Disclosure may be 
made to a congressional office from the record of an individual upon 
the written request of the record subject to obtain assistance from 
his/her congressional representative. Individuals sometimes request the 
help of a Member of Congress in resolving some issue relating to a 
matter before HHS. The Member of Congress then writes HHS and HHS must 
be able to give sufficient information to be responsive to the inquiry. 
Routine use 3: Disclosure may be made to the Department of Justice, or 
to a court or other tribunal, in case of litigation where HHS 
determines that such disclosure is relevant and necessary and would 
help in the effective representation of the governmental party, 
provided, however, that in each case HHS determines that such 
disclosure is compatible with the purpose for which the records were

[[Page 37991]]

collected. Routine use 4: Disclosure may be made to a contractor for 
the purpose of collating, analyzing, aggregating or otherwise refining 
records in this system. HHS occasionally contracts out certain of its 
functions when this would contribute to effective and efficient 
operations. HHS must be able to give a contractor whatever information 
is necessary for the contractor to fulfill its duties. Routine use 5: 
Disclosure may be made to officials of labor organizations when 
relevant and necessary to their duties of exclusive representation 
concerning practices and matters affecting working conditions. Routine 
use 6: Disclosure may be made to organizations deemed qualified by the 
Secretary to carry out quality assessments or utilization review.

SAFEGUARDS:
    The PSC has instituted extensive safeguards to protect both the 
automated and non-automated records. The PSC Systems Security Officer 
has certified that the safeguards for the system are commensurate with 
the sensitivity and criticality of the records. The system notice 
describes: (1) The safeguards that are in effect to ensure that only 
authorized users have access to the records; (2) the physical security 
measures used to protect the records; (3) the procedural safeguards to 
ensure data integrity and prevent unauthorized access and disclosure; 
and (4) security guidelines for contractors, as applicable.
    The system notice is written in the present rather than future 
tense to avoid the unnecessary expenditure of public funds to republish 
the notice after the new system becomes effective.

    Dated: July 2, 1999.
Lynda M. Regan,
Director, Program Support Center.
09-40-0013

SYSTEM NAME:
    PSC Parking Program and PSC Transhare Program Records, HHS/PSC/AOS.

SECURITY CLASSIFICATION:
    None.

SYSTEM LOCATION:
    Division of Property Management, Administrative Operations Service, 
Program Support Center, Room 5B-07, Parklawn Building, 5600 Fishers 
Lane, Rockville, MD 20857.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Current HHS employees and others who use Parklawn Building parking 
facilities; HHS employees who apply for and participate in the PSC 
Transhare Program.

CATEGORIES OF RECORDS IN THE SYSTEM:
    This system contains records relating to the administration of the 
parking permit system and the PSC Transhare Program for the Parklawn 
Building complex. The records include information such as name; pay 
plan; grade level; employing organization; building and room; duty 
hours and location; name of supervisor; home address; office telephone 
number; assigned parking space number; vehicle information, i.e., tag 
number and State; make and model of car; physician's statement in 
support of handicapped parking assignments and query to supervisors in 
support of handicapped parking assignments, where applicable; Transhare 
commuter card number, commute mode to work; and type of fare media 
used.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    The Federal Property and Administrative Services Act of 1949, as 
amended; and, Pub. L. 101-509 section 629, as amended, (5 U.S.C. 7905, 
``Programs to encourage commuting by means other than single-occupancy 
motor vehicles'').

PURPOSE(S):
    These records are used to:
    1. Administer the parking program at the Parklawn Building complex.
    2. Manage the PSC Transhare Program, including receipt and 
processing of employee applications, and coordination of the fare media 
distribution to employees.
    3. Monitor the use of funds used to support the PSC Transhare 
Program.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSES OF SUCH USES:
    These records or information from these records may be used:
    1. To disclose pertinent information to appropriate city, county, 
State and Federal law enforcement agencies responsible for 
investigating, prosecuting, enforcing, or implementing statutes, rules, 
regulations or orders, when HHS becomes aware of evidence of a 
potential violation of civil or criminal law.
    2. To disclose information to a congressional office from the 
record of an individual in response to a verified inquiry from that 
congressional office made at the written request of that individual.
    3. To disclose information to the Department of Justice, a court or 
other tribunal, when: (a) HHS, or any component thereof; or (b) any HHS 
employee in his or her official capacity; or (c) any HHS employee in 
his or her individual capacity where the Department of Justice (or HHS 
where it is authorized to do so) has agreed to represent the employee; 
or (d) The United States or any agency thereof where HHS determines 
that the litigation is likely to affect HHS or any of its components, 
is a party to litigation or has interest in such litigation, and HHS 
determines that the use of such records by the Department of Justice, 
the court or other tributnal is relevant and necessary to the 
litigation and would help in the effective representation of the 
governmental party, provided, however, that in each case HHS determines 
that such disclosure is compatible with the purpose for which the 
records are collected.
    4. When HHS contemplates contracting with a private firm for the 
purpose of collating, analyzing, aggregating, or otherwise refining 
records in this system, relevant records will be disclosed to such a 
contractor. The contractor will be required to maintain Privacy Act 
safeguards with respect to such records. These safeguards are explained 
in the section entitled ``Safeguards.''
    5. To disclose information to officials of labor organizations 
recognized under 5 U.S.C. Chapter 71 when relevant and necessary to 
their duties of exclusive representation, concerning personnel 
policies, practices, and matters affecting working conditions.
    6. Disclosure may be made to organizations deemed qualified by the 
Secretary to carry out quality assessments or utilization review.

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING 
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
    These records are maintained in file folders, cabinets, on disks 
and in an automated data base.

RETRIEVABILITY:
    These records are retrieved by the name, parking space number, 
permit number, address, vehicle information and PSC Transhare commuter 
card number of the individuals on whom they are maintained.

SAFEGUARDS:
    1. Authorized Users: Data on computer files is accessed by 
authorized users who are PSC employees and who are responsible for 
implementing the program.
    2. Physical Safeguards: Rooms where records are stored are locked 
when not in use. During regular business hours,

[[Page 37992]]

rooms are unlocked but are controlled by on-site personnel.
    3. Procedural and Technical Safeguards: A password is required to 
access the terminal, and a data set name controls the release of data 
to only authorized users. All users of personal information in 
connection with the performance of their jobs (see Authorized Users 
above) protect information from public view and from unauthorized 
personnel entering an unsupervised office.
    4. Contractor Guidelines. A contractor who is given records under 
routine use 4 must maintain the records in a secured area, allow only 
those individuals immediately involved in the processing of the records 
to have access to them, prevent unauthorized persons from gaining 
access to the records, and return the records to the System Manager 
immediately upon completion of the work specified in the contract. 
Contractor compliance is assured through inclusion of Privacy Act 
requirements in contract clauses, and through monitoring by contract 
and project officers. Contractors who maintain records are instructed 
to make no disclosure of the records except as authorized by the System 
Manager and as stated in the contract.

RETENTION AND DISPOSAL:
    Parking records are maintained for varying periods of time, in 
accordance with NARA General Records Schedule 11 (parking permits). 
Disposal of manual records is by shredding; electronic data is erased.
    PSC Transhare records are retained for a maximum of two years 
following the last month of an employee's participation in the PSC 
Transhare Program. Paper copies are destroyed by shredding. Computer 
files are destroyed by deleting the record from the file.

SYSTEM MANAGER(S) AND ADDRESS:
    Office Manager, Parking and Information Office, Building Management 
Branch, Division of Property Management, Administrative Operations 
Service, PSC, Room 5B-07, 5600 Fishers Lane, Rockville, MD 20857.

NOTIFICATION PROCEDURES:
    Same as Access Procedures. The requester is required to specify 
reasonably the contents of the records being sought.

RECORD ACCESS PROCEDURES:
    To determine whether information about themselves is contained in 
this system, the subject individual should contact the System Manager 
at the above address. The requester must also verify his or her 
identity by providing either a notarization of the request or a written 
certification that the requester is who he or she claims to be. 
Individuals must provide the following information for their records to 
be located and identified: (a) Full name, (b) parking space number (if 
appropriate); (c) vehicle license number (if appropriate) and (d) for 
the PSC Transhare Program, the requester must provide the commuter card 
number and the dates of participation in the Program. The requester 
must also understand that the knowing and willful request for 
acquisition of a record pertaining to an individual under false 
pretenses is a criminal offense subject to a fine. An individual who is 
the subject of records maintained in this records system may also 
request an accounting of disclosures that have been made of his or her 
records.
    Requests by telephone: Since positive identification of the caller 
cannot be established, telephone requests are not honored.

CONTESTING RECORD PROCEDURES:
    Contact the System Manager specified above and reasonably identify 
the record, specify the information to be contested, the corrective 
action sought, and your reasons for requesting the correction, along 
with supporting information to show how the record is inaccurate, 
incomplete, untimely or irrelevant.

RECORD SOURCE CATEGORIES:
    Records are developed from information supplied by applicants and, 
for handicapped parking assignments, by physicians and supervisors.

SYSTEM(S) EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT:
    None.

[FR Doc. 99-17762 Filed 7-13-99; 8:45 am]
BILLING CODE 4168-17-M