[Federal Register Volume 66, Number 46 (Thursday, March 8, 2001)]
[Notices]
[Pages 13966-13968]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-5706]


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DEPARTMENT OF JUSTICE

[AAG/A Order No. 221-2001]


Privacy Act of 1974; System of Records

    Pursuant to the provisions of the Privacy Act of 1974 (5 U.S.C. 
552a), the Immigration and Naturalization Service (INS), Department of 
Justice, proposes to establish and publish a new system of records for 
which no public notice consistent with the provisions of 5 U.S.C. 
552a(e)(4) have been published. This system of records is entitled:

The Job Swap/Job Exchange System (JOBX), JUSTICE/INS-030

    In accordance with 5 U.S.C. 552a(e)(4) and (11), the public is 
given a 30-day period in which to comment on the 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 
conclude its review of the system. Therefore, please submit any 
comments by (30 days from the publication date of this notice). The 
public, OMB, and the Congress are invited to submit any comments to 
Mary Cahill, Management Analyst, Management and Planning Staff, Justice 
Management Division, Department of Justice, Washington, DC 20530 (Room 
1400, National Place Building).
    In accordance with 5 U.S.C. 552a(r), the Department has provided a 
report to OMB and the Congress.

    Dated: February 21, 2001.
Stephen R. Colgate,
Assistant Attorney General for Administration.
JUSTICE/INS-030

SYSTEM NAME:
    Job Swap/Job Exchange System (JOBX).

SYSTEM LOCATION:
    Immigration and Naturalization Service (INS) Headquarters, Regional 
and District Offices, and sub-offices as detailed in JUSTICE/INS-999, 
last published April 13, 1999 (64 FR 18052).

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Individuals covered by the system would include all permanent INS 
employees interested in applying to transfer to an identical position 
at another location.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Records in this system of records contain personal data including 
social security number, name, Service Computation Date-leave, 
performance appraisal rating and date, home and work addresses, home 
and work telephone numbers, title, series, and grade, and personal 
resume information voluntarily submitted by the employee.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    5 CFR 335.102(a).

PURPOSE(S):
    The records in this system are part of a Merit Promotion and 
Reassignment Program and consist of potential

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selectees for positions covered by the program. Records are maintained 
to allow selecting officials to make valid selections, as well as to 
provide a record of applicant requests for consideration. Also, records 
in the system are maintained as a means to track the transfers allowed 
in the JOBX program. The JOBX program supports the Job Swap program by 
facilitating the non-competitive swap of employees between two duty 
stations, provided they have the same title, series, and grade. The Job 
Swap Program allows employees of encumbered positions to apply for and 
receive changes in geological locations without waiting for vacancies 
to occur or new positions to be established.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSES OF SUCH USES:
    A. To the Office of Personnel Management to enable the agency to 
make determination as required by 5 CFR 335.103.
    B. In a proceeding before a court or adjudicative body before which 
INS or the Department of Justice (DOJ) is authorized to appear when any 
of the following is a party to litigation or has an interest in 
litigation and such records are determined by INS or DOJ to be arguably 
relevant to the litigation: (1) The DOJ, or any DOJ component or 
subdivision thereof; (2) any DOJ employee in his or her official 
capacity; (3) any DOJ employee in his or her individual capacity when 
the DOJ has agreed to represent the employee; and (4) the United States 
where INS or the DOJ determines that the litigation is likely to affect 
it or any of its subdivisions.
    C. To the Merit Systems Protection Board or the Office of the 
Special Counsel in connection with appeals, special studies of the 
civil service and other merit systems, review of office rules and 
regulations, investigations of alleged or possible prohibited personnel 
practices, and such other functions, e.g., as prescribed in 5 U.S.C. 
Chapter 12, or as may be authorized by law.
    D. To the Equal Employment Opportunity Commission, when requested, 
in connection with investigations into alleged or possible 
discrimination practices in the Federal sector, examination of Federal 
affirmative employment programs, compliance by Federal agencies with 
the Uniform Guidelines or Employee Selection Procedures, or other 
functions vested in the Commission.
    E. 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.
    F. To General Services Administration and National Archives and 
Records Administration in records management inspections conducted 
under the authority of 44 U.S.C. 2904 and 2906.
    G. To the Federal Labor Relations Authority or its General Counsel 
when requested in connection with investigations of allegations of 
unfair labor practices or matters before the Federal Service Impasses 
Panel.
    H. To contractors, grantees, experts, consultants, students, 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.
    I. To disclose information to an arbitrator to resolve disputes 
under a negotiated grievance procedure or to officials of labor 
organizations recognized under 5 U.S.C. Chapter 71 when relevant and 
necessary to their duties of exclusive representation.
    J. To the Union when required by contract as part of the processing 
of a grievance and/or to an arbitrator in the arbitration of a 
grievance.
    K. Pursuant to subsection (b)(3) of the Privacy Act, the Department 
of Justice may disclose relevant and necessary information to a former 
employee of the Department for purposes of: responding to an official 
inquiry by a federal, state, or local government entity or professional 
licensing authority, in accordance with applicable Department 
regulations; or facilitating communications with a former employee that 
may be necessary for personnel-related or other official purposes where 
the Department requires information and/or consultation assistance from 
the former employee regarding a matter within that person's former area 
of responsibility.

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, 
AND DISPOSING OF RECORDS IN THE SYSTEM: STORAGE:
    Information is stored on computer tapes, magnetic disks, and in 
file cabinets.

RETRIEVABILITY:
    Records may be retrieved by name, Social Security Number (SSN), or 
unique JOBX number.

SAFEGUARDS:
    Most INS offices are located in buildings under security guard, and 
access to premises is by official identification. Offices are locked 
during non-duty hours. Access to this system is obtained through remote 
terminals that require the use of restricted passwords and a user ID. 
Paper records will be maintained in locked file cabinets. The JOBX 
server will be maintained in a secure computer facility.

RETENTION AND DISPOSAL:
    Records are retained in accordance with General Records Schedule 1, 
items 4, 15, 23(a), and 33b.

SYSTEM MANAGER(S) AND ADDRESS:
    Director, National Hiring Center, Room 400, Whipple Federal 
Building, One Federal Drive, Fort Snelling, MN 55111.

NOTIFICATION PROCEDURE:
    Inquiries should be addressed to the system manager.

RECORD ACCESS PROCEDURE:
    Requests for access to a record from this system shall be in 
writing (e.g., cc: Mail can also be used internally). If a request for 
access is made by mail the envelope and letter shall be clearly marked 
``Privacy Act Request.'' The requester shall also provide a return 
address for transmitting the records to be released. The requester 
shall include his or her full name and SSN. An applicant can access his 
or her own record by logging onto the system using his or her own SSN 
and password. This brings the applicant to the main menu screen. The 
applicant can select, ``View Application.'' The form is printable. The 
applicant can also move among the screens. Authorized selecting 
officials and coordinators can access records within their own budget 
location code; and system administrators can access all records in the 
system.

CONTESTING RECORDS PROCEDURE:
    Direct all requests to contest or amend information to the system 
manager noted above. State clearly and concisely the information being 
contested, the reason for or contesting it, and the proposed amendment 
thereof. Depending on the information, the coordinator or administrator 
will be able to make the correction. If the inaccurate information is 
from the National Finance Center records, the applicant should contact 
his or her servicing administrative center and report the erroneous 
information. Clearly mark the envelope ``Privacy Act Amendment 
Request.'' The record must be identified in the same manner as 
described for making a request for access.

RECORD SOURCE CATEGORIES:
    Information contained in this system or records is obtained from 
the individuals covered by the system, or

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derived from information the individual supplied and from the National 
Finance Center database.

SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT:
    None.

[FR Doc. 01-5706 Filed 3-7-01; 8:45 am]
BILLING CODE 4410-10-M