[Federal Register Volume 69, Number 1 (Friday, January 2, 2004)]
[Notices]
[Pages 107-109]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-32292]



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DEPARTMENT OF JUSTICE

[AAG/A Order No. 022-2003]


Privacy Act of 1974; 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 
(JMD), proposes to modify a system of records entitled ``Department of 
Justice Payroll System, Justice/JMD-003'', last published in full in 
the Federal Register on April 13, 1999 (64 FR 18054), and modified in 
the Federal Register on September 1, 2000 (65 FR 53225).
    The Department proposes to modify the system of records, to make 
necessary updates and revisions, and to add one new routine use.
    In accordance with 5 U.S.C. 552a (e)(4) and (11) the public is 
given a 30-day period in which to comment; and the Office of Management 
and Budget (OMB), which has oversight responsibility under the Privacy 
Act, requires a 40-day period in which to conclude its review of the 
system. Therefore, please submit any comments by February 2, 2004. The 
public, OMB and the Congress are invited to submit any comments to Mary 
Cahill, 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: December 23, 2003.
Paul R. Corts,
Assistant Attorney General for Administration.
Justice/JMD-003

System Name:
    Department of Justice Payroll System, Justice/JMD-003.

System Location:
    This system of records is managed by the Department of Justice 
(DOJ), Justice Management Division (JMD), Director, Personnel Staff, 
Washington, DC 20530. DOJ has contracted with the Department of 
Agriculture's National Finance Center (NFC) in New Orleans, Louisiana, 
70129, to maintain payroll information and conduct payroll-related 
activities for its employees. Conversion to the NFC began in July of 
1991 and was incrementally completed as of May of 1993. Payroll records 
in electronic or paper format may be found in the following locations:
    a. Post-Conversion Records: On a computer maintained by the NFC in 
New Orleans, Louisiana; and at backup facilities in Philadelphia, 
Pennsylvania. Relevant data may also be stored on Justice Data Center 
computers or servers at the DOJ for use in distributing payroll and 
accounting information to the individual DOJ Bureaus and components. 
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 DOJ's Personnel Staff, Washington, 
DC 20530, in servicing personnel offices throughout the DOJ, and in the 
offices of employee supervisors and managers.
    b. Pre-Conversion Historical Records: On magnetic tape at the 
Justice Data Center in Rockville, Maryland 20854; on microfiche 
maintained by the DOJ Finance Staff; and in paper format maintained by 
the DOJ's Finance and Personnel Staffs, servicing personnel offices, 
and offices of employee supervisors and managers.

Categories of Individuals Covered by the System:
    Current and former DOJ employees, excluding the Federal Bureau of 
Investigation (FBI). The FBI employees are scheduled to be included 
starting in Pay Period 07, 2005.

Categories of Records in the System:
    Any and all records essential to the conduct of payroll-related 
activities. Included may be:
    [sbull] Personal identifying/personnel data;
    [sbull] Time and attendance records;
    [sbull] Leave records;
    [sbull] Allotment or deduction information such as bonds, 
garnishments, health benefits, life insurance, Thrift Savings Plan 
(TSP), and other savings, retirement, and union dues;
    [sbull] Travel and relocation information;
    [sbull] Court orders to initiate garnishments;
    [sbull] Check mailing and Direct Deposit / Electronic Funds 
Transfer information;
    [sbull] Tax, withholding, and exemption information;
    [sbull] Accounting and organization funding information;
    [sbull] Salary, severance pay, award, and bonus information; active 
retirement records;
    [sbull] Former employee pay records;
    [sbull] Employee death records;
    [sbull] Returned employee check and canceled salary payment 
records;
    [sbull] Indebtedness records, e.g., overpayment of pay or travel.

Authority for Maintenance of the System:
    5 U.S.C. 301, 5516, 5517, 5520; 26 U.S.C. 6011, 6109; 44 U.S.C. 
3101.

Purpose(s):
    This system of records is maintained to enable the DOJ 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), the Office of Personnel Management (OPM), and the Federal 
Retirement Thrift Investment Board (FRTIB). It enables the DOJ to 
prepare and document payment to all DOJ 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 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 records to the U.S. Department of 
Agriculture (USDA), National Finance Center (NFC), in order to effect 
all financial transactions on behalf of 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 the Treasury Department for the 
issuance of payments; to Federal, State, and local authorities and the 
Social Security Administration for tax withholding; to OPM for 
retirement contributions; 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, health and life insurance, and TSP 
contributions. 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, OPM, and FRTIB;

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and to meet related reporting requirements.
    In addition, where determined to be appropriate or necessary, the 
DOJ may disclose relevant records from this system as follows; or, DOJ 
may authorize the NFC to make the disclosure:
    A. To Federal, State, or local housing authorities to enable these 
authorities to determine eligibility for low cost housing.
    B. To heirs, executors and legal representatives of beneficiaries 
for estate settlement purposes.
    C. To State and local courts of competent jurisdiction for the 
enforcement of child support, alimony, or both, pursuant to 41 U.S.C. 
659.
    D. To individuals, organizations, or agencies to enable such 
person, 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.
    E. 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 Privacy Act 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.
    F. 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.
    G. To labor organizations recognized under 5 U.S.C. chapter 71, the 
home addresses or designated mailing addresses of bargaining unit 
members.
    H. Where a record, either on its face or in conjunction with other 
information indicates a violation or potential violation of law--
criminal, civil, or regulatory in nature--the relevant records may be 
referred to the appropriate Federal, State, local, foreign, or tribal, 
law enforcement authority or other appropriate agency charged with the 
responsibility of investigating or prosecuting such a violation or 
enforcing or implementing such law.
    I. 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.
    J. 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 compromise a Federal claim.
    K. 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.
    L. To employers 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.
    M. 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.
    N. 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, an individual who is the subject of the record.
    O. To the 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.
    P. In an appropriate proceeding before a court, or administrative 
or adjudicative body, when the Department of Justice determines that 
the records are arguably relevant to the proceeding; or in an 
appropriate proceeding before an administrative or adjudicative body 
when the adjudicator holds the records to be relevant to the 
proceeding.
    Q. To an actual or potential party to litigation or the party's 
authorized representative for the purpose of negotiation or discussion 
on such matters as settlement, plea bargaining, or in informal 
discovery proceedings.
    R. 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.
    S. 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.
    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. 
552a (a)(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

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the Privacy Act, the DOJ may make relevant and necessary disclosures as 
permitted by other Privacy Act disclosure provisions.
    Finally, 31 U.S.C. 3711 requires that the notice required by the 
Privacy Act at 5 U.S.C. 552a (e)(4) 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) of the Privacy 
Act, 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 disks, magnetic tapes, microfiche, paper, and 
direct access storage device (DASD).

Retrievability:
    Records are retrieved by name or social security number.

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. Access to terminals is limited to 
persons with terminal identification numbers. These numbers are issued 
only to employees who have a need to know in order to perform job 
functions relating to personnel and payroll matters.

Retention and Disposal:
    Records are disposed of in accordance with General Records Schedule 
No. 2 issued by the National Archives and Records Administration.

System Manager(s) and Address:
    Director, Personnel Staff, Justice Management Division, Department 
of Justice, National Place Building, Room 1110, 1331 Pennsylvania 
Avenue, NW., 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. Address of Department components may be found in Appendix I, 
to part 16 of 28 Code of Federal Regulations. Updated listings are 
available on the DOJ Web site on the Internet (http://www.usdoj.gov/). 
The individual may also address his/her request to the System Manager 
named above.

Record Access Procedure:
    A request for access to a record must be made in writing to the 
System Manager named above, with the envelope and letter clearly marked 
``Privacy Act Access Request.'' The request should include a general 
description of the records sought. Include in the request the full name 
of the requester, his or her current address, and date and place of 
birth, with notarized signature or dated signature submitted under 
penalty of perjury (28 CFR 16.41(d)).

Contesting Record Procedure:
    Individuals desiring to contest or amend information maintained in 
the system should direct their request according to the Record Access 
procedures listed above, stating clearly and concisely what information 
is being contested, the reasons for contesting it, and the proposed 
amendment to the information sought. Some information is not subject to 
amendment, such as tax return information.

Record Source Categories:
    Individuals covered by the system; agency records; financial 
institutions or employee organizations; previous Federal employers; 
consumer reporting agencies; debt collection agencies; and the courts.

Exemptions Claimed for the System:
    None.
[FR Doc. 03-32292 Filed 12-31-03; 8:45 am]
BILLING CODE 4410-CP-P