[Federal Register Volume 66, Number 79 (Tuesday, April 24, 2001)]
[Notices]
[Pages 20683-20685]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-10023]


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DEPARTMENT OF JUSTICE

[AAG/A Order No. 229-2001]


Privacy Act of 1974; 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) 
Employee Transportation Facilitation System, Justice/JMD-017.'' Notice 
of the system was last published in the Federal Register on November 
10, 1998 (63 FR 63075).
    The purpose of this system is to assign and control the official 
use of vehicle parking space for which DOJ is responsible; enhance the 
Department's ridesharing program; and manage the Department's transit 
subsidy program. The proposed modification would allow the Department 
to: (1) Comply with the Clean Air Act (42 U.S.C. 7418) which requires 
employee-operated motor vehicles on federal facilities to comply with 
the state vehicle inspection and maintenance laws and regulations of 
the state in which the facility is located, and (2) Manage the 
transportation benefit programs permitted by 5 U.S.C. 7905 and required 
by Executive Order 13150. ``System Name'' has been changed to 
``Department of Justice (DOJ) Employee Transportation Management 
System, Justice/JMD-017.'' System Location(s) has been modified to 
allow for the maintenance of records at field offices or regional 
offices. A new routine use identified as routine use (5) has been 
added, allowing for the Department to provide summary compliance 
reports to the states. Appropriate changes related to the addition of 
this information have been made throughout the system description. 
Routine use 7(e) allows disclosure to the Internal Revenue Service of 
any document which provides information related to tax matters. In 
addition, routine use (8) is added to allow disclosure to contractors; 
and routine use (9) is added to allow disclosure to former employees 
for certain purposes. Changes have also been incorporated regarding the 
records retention requirements due to revisions of the General Records 
Schedules.
    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 revised system; the Office 
of Management and Budget (OMB), which has oversight responsibility 
under the Act, requires 40 days to review the system modifications. 
Therefore, the public, OMB, and the Congress are invited to submit 
written 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 on the system modification to OMB and the Congress. The system 
description is reprinted below.

    Dated: April 11, 2001.
Janis A. Sposato,
Acting Assistant Attorney General for Administration.
JUSTICE/JMD-017

System Name:
    Department of Justice (DOJ) Employee Transportation Management 
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. Records may also be maintained at individual DOJ 
facilities or regional offices.

Categories of Individuals Covered by the System:
    Covered are any individuals who may apply for or participate in the 
ridesharing, parking, or transportation benefit programs of the DOJ. 
The term ``transportation benefits'' include the transit subsidy 
program and the transportation fringe benefits (tax exclusion) program. 
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, 
transportation benefits 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 System:
    Records in the system include any records necessary to carry out 
the responsibilities authorized by law related to parking, ridesharing, 
and transportation benefit 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 application information related to availability for car/
vanpools, and/or which provide or request similar information related 
to potential car/vanpool members; transportation benefit program 
applications and certifications; correspondence to applications; 
documentation of usage; tax information related to participation in the 
transportation benefit programs; Clean Air Act information and 
paperwork documenting compliance with state requirements; and 
administrative reports--including status reports and reports of 
disbursements to transportation benefit program participants.
    Paper records may also include the notifications described under 
``Routine

[[Page 20684]]

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.

Authorization for Maintenance of the System:
    5 U.S.C. 301; Executive Order 12191 of February 1, 1980, on the 
Federal Facility Ridesharing Program; the Federal Employees Clean Air 
Incentives Act (5 U.S.C. 7905), effective January 1, 1994; Treatment of 
Employer-Provided Transportation Benefits (26 U.S.C. 132 et seq.), 
effective December 31, 1992; the Clean Air Act (42 U.S.C. 7418) 
regarding employee-owned vehicles operated on federal facilities; and 
transportation benefit programs required by Executive Order 13150.

Purpose(s):
    Information in the system will be used to assign, manage, and 
control the use of vehicle parking spaces and the issuance of 
transportation benefits; to assist employees and the public in forming 
car/vanpools; to ensure compliance with the clean Air Act; and to 
ensure the integrity of the parking and transportation benefit programs 
of the Department of Justice and other federal agencies by validating 
parking assignments and transportation benefit program requests.

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;
    (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 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 state transportation organizations, in summary form, in 
compliance with Clean Air Act requirements and Departmental guidelines.
    (6) To federal agencies and DOJ parking and transportation benefit 
program managers. 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 transportation 
benefits 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 transportation benefits are not provided to the same 
employee(s), unless otherwise authorized.
    (7) 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 
transportation benefit 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 transportation benefit 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 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 transportation benefits.
    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 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 
transportation 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 
transportation benefit 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.
    (e) To the Internal Revenue Service any document which provides 
information related to tax matters.
    Non-Federal Employee Information:
    (f) Upon request, either the name(s) or non-federal employees, a 
list of names, or a list which includes their name(s). Disclosure is 
made to enable to 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.
    (g) Upon DOJ initiative, 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 DOJ to determine whether a non-federal 
employees 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.
    (8) 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

[[Page 20685]]

accomplish an agency function related to this system of records.
    (9) 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:
    Records are stored in hard copy from 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:
    Automated data is deleted from a data base within 180 days after 
any recordkeeping documents have been produced when the individual 
covered by the system no longer participates in the Employee 
Transportation Management program, e.g., when the employee is no longer 
on the ridesharing listing; is no longer a member of a car/vanpool; or, 
no longer receives a transportation benefit. Parking permit credentials 
shall be destroyed three months after the parking permits have either 
expired or been returned (General Records Schedule 11). Documents 
relating to the administration of the transit subsidy program and the 
transportation fringe benefit program shall be destroyed after the 
documents are three years old (General Records Schedule 9). The 
Department has requested an exemption to the General Records Schedule 
for documents supporting the transportation fringe benefit program. If 
approved, the new Schedule item will be incorporated in future 
revisions to this system of records.

Systems Manager(s) and Address:
    Director, Facilities and Administrative Services Staff, Justice 
Management Division, NPB Suite 1070, Department of Justice, Washington, 
DC 20530.

Notification Procedures:
    Individuals wanting to know whether information about them is 
maintained in this system of records may review their own ridesharing, 
parking, transportation benefit, 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 Administrative Services Staff, Justice 
Management Division, NPB Suite 1070, Department of Justice, Washington, 
DC 20530.
    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.
    In those cases where parking or transportation benefit records are 
maintained at an individual DOJ facility or regional office, the 
parking or transportation coordinator at that facility or office should 
be contacted first.
    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.'' 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; 
state transportation organizations; participating Department components 
and other federal agencies.

System Exempted from Certain Provisions of the Act:
    None.

[FR Doc. 01-10023 Filed 4-23-01; 8:45 am]
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