[Privacy Act Issuances (2005)]
[From the U.S. Government Publishing Office, www.gpo.gov]
ARCHITECTURAL AND TRANSPORTATION BARRIERS COMPLIANCE BOARD
Table of Contents
01, Payroll Records
02, General Financial Records
03, General Unofficial Personnel Files
04, Mailing List
01
System name: Payroll Records-Architectural and Transportation
Barriers Compliance Board.
System location:
General Services Administration (GSA), National Payroll Center,
Kansas City, Kansas; copies held by the Board. (GSA holds records for
the ATBCB under contract.)
Categories of individuals covered by the system:
Employees and public members of the Board.
Categories of records in the system:
Varied payroll records, including, among other documents, time
and attendance cards; payment vouchers; comprehensive listing of
employees; health benefits records; requests for deductions; tax
forms; W-2 forms; overtime request; leave data; retirement records.
Records are used by the Board and GSA employees to maintain adequate
payroll information for the Board employees, and otherwise by the
Board and GSA employees who have a need for the record in the
performance of their duties.
Authority for maintenance of the system:
31 U.S.C. ``Money and Finance'', generally.
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses:
See appendix. Records also are disclosed to GAO for audits; to
the Internal Revenue Service for investigation; and to private
attorneys, pursuant to a power of attorney.
A copy of an employee's Department of the Treasury Form W-2, Wage
and Tax Statement, also is disclosed to the State, city, or other
local jurisdiction which is authorized to tax the employee's
compensation. The record will be provided in accordance with a
withholding agreement between the State, city or other local
jurisdiction and the Department of the Treasury pursuant ot 5 U.S.C.
5516, 5517, or 5520, or, in the absence thereof, in response to a
written request from an appropriate official of the taxing
jurisdiction to the Executive Director, ATBCB, 330 C Street, SW, Room
1010, Washington, DC 20202. The request must include a copy of the
applicable statute or ordinance authorizing the taxation of
compensation and should indicate whether the authority of the
jurisdiction to tax the employee is based on place of residence,
place of employment, or both.
Pursuant to a withholding agreement between a city and the
Department of the Treasury (5 U.S.C. 5520), copies of executed city
tax withholding certificates shall be furnished to the city in
response to written request from an appropriate city official to the
Executive Director.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage:
Paper and microfilm.
Retrievability:
Social Security number.
Safeguards:
Stored in guarded building; released only to authorized
personnel, including among others, GSA liaison staff and finance
personnel; and the Board administrative staff.
Retention and disposal:
Disposition of records shall be in accordance with the HB GSA
Records Maintenance and Disposition System (OAD P 1820.2).
System manager(s) and address:
Executive Director, ATBCB, 330 C Street, SW, Room 1010,
Washington, DC 20202.
Notification procedure:
Contact Executive Director or refer to the Board access
regulations contained in 36 CFR part 1121.
Record access procedures:
Contact Executive Director or refer to the Board access
regulations contained in 36 CFR part 1121.
Contesting record procedures:
Contact Executive Director or refer to the Board access
regulations contained in 36 CFR part 1121.
Record source categories:
The subject individual; the Board.
02
System name: General Financial Records--Architectural and
Transportation Barriers Compliance Board.
System location:
GSA, National Capital Region; copies held by the Board. (GSA
holds records for the ATBCB under contract.)
Categories of individuals covered by the system:
Employees of the Board.
Categories of records in the system:
SF-1038, Application and account for advance of funds; vendor
register and vendor payment tape. Information is used by accounting
technicians to maintain adequate financial information and by other
officers and employees of GSA and the Board who have a need for the
record in the performance of their duties.
Authority for maintenance of the system:
31 U.S.C. ``Money and Finance'', generally.
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses:
See Appendix. Records also are released to GAO for audits; to the
IRS for investigation; and to private attorneys, pursuant to power of
attorney.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage:
Paper and tape.
Retrievability:
Manual and automated by name.
Safeguards:
Stored in guarded building; released only to authorized personnel
including among others, GSA liaison staff, finance personnel and the
Board administrative staff.
Retention and disposal:
Disposition of records shall be in accordance with the HB GSA
Records Maintenance and Disposition.
System manager(s) and address:
Executive Director, ATBCB, 330 C Street, SW, Room 1010,
Washington, DC 20202.
Notification procedure:
Contact Executive Director or refer to the Board access
regulations contained in 36 CFR part 1121.
Record access procedures:
Contact Executive Director or refer to the Board access
regulations contained in 36 CFR part 1121.
Contesting record procedures:
Contact Executive Director or refer to the Board access
regulations contained in 36 CFR part 1121.
Record source categories:
The subject individual; the Board.
03
System name: General Unofficial Personnel Files--Architectural
and Transportation Barriers Compliance Board.
System location:
ATBCB offices.
Categories of individuals covered by the system:
Biographic information; correspondence with members of the Board;
personnel actions; position descriptions.
Authority for maintenance of the system:
Title 5, U.S.C. ``Government Organization and Employees,''
generally.
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses:
See appendix.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage:
Paper.
Retrievability:
Manual.
Safeguards:
Stored in lockable file cabinets, released only to authorized
personnel, including among others, GSA liaison staff and the Board
administrative staff.
Retention and disposal:
Retained until no longer needed, then discarded.
System manager(s) and address:
Executive Director, ATBCB, 330 C Street, SW, Room 1010,
Washington, DC 20202.
Notification procedure:
Contact Executive Director or refer to the Board access
regulations contained in 36 CFR part 1121.
Record access procedures:
Contact Executive Director or refer to the Board access
regulations contained in 36 CFR part 1121.
Contesting record procedures:
Contact Executive Director or refer to the Board access
regulations contained in 36 CFR part 1121.
Record source categories:
The subject individual; the Board.
04
System name: Mailing List--Architectural and Transportation
Barriers Compliance Board.
System location:
ATBCB offices and the Fairfax Computer Center, Fairfax.
Categories of individuals covered by the system:
Architect or designer; Health Care; Transportation; Consumer,
self help, or social service; Federal government; Private
organization or firm, professional association; College, university,
or trade school; Trade association; Media; Legal profession;
Contractor or engineer; Manufacturer or industry; State/local
government; Library; Veterans organization; Congress; Voluntary
standard/code group.
Categories of records in the system:
Same as above.
Authority for maintenance of the system:
29 U.S.C. 792.
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses:
Bimonthly newsletter (all categories), technical bulletins
(varying categories), publications (varying categories),
announcements (varying categories). The purpose of these mailings is
to inform the general public and/or specific groups of Board
activities.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage:
Magnetic tape.
Retrievability:
Category, last name, zip code.
Safeguards:
Information can only be retrieved from the system by authorized
personnel.
Retention and disposal:
Ongoing process of changes, deletions and additions to list.
System manager(s) and address:
Executive Director, ATBCB, 300 C Street, SW, Room 1010,
Washington, DC 230202.
Notification procedure:
Contact Executive Director or refer to the Board access
regulations contained in 36 CFR part 1121.
Record access procedures:
Contact Executive Director or refer to the Board access
regulations contained in 36 CFR part 1121.
Contesting record procedures:
Contact Executive Director or refer to the Board access
regulations contained in 36 CFR part 1121.
Record source categories:
Same as mentioned previously.
Appendix--Architectural and Transportation Barriers Compliance
Board
1. In the event that a system of records maintained by this
agency to carry out its functions indicates a violation or potential
violation of law, whether civil, criminal or regulatory in nature,
and whether arising by general statute or particular program statute,
or by regulation, rule or order issued pursuant thereto, the relevant
records in the system of records may be referred, as a routine use,
to the appropriate agency, whether Federal, state, local or foreign,
charged with the responsibility of investigation or prosecuting such
violation or charged with enforcing or implementing the statute, or
rule, regulation or order issued pursuant thereto.
2. A record from this system of records may be disclosed as a
``routine use'' to a Federal, state or local agency maintaining
civil, criminal or other relevant enforcement information or other
pertinent information, such as current licenses, if necessary to
obtain information relevant to an agency decision concerning the
hiring or retention of an employee, the issuance of a security
clearance, the letting of a contract or the issuance of a license,
grant or other benefit.
3. A record from this system of records may be disclosed to a
Federal Agency, in response to its request, in connection with the
hiring or retention of an employee, the issuance of a security
clearance, the reporting of an investigation of an employee, the
letting of a contract, or the issuance of a license, grant or other
benefit by the requesting agency, to the extent that the information
is relevant and necessary to the requesting agency's decision in the
matter.
4. A record from this system of records may be disclosed to an
authorized appeal grievance examiner, formal complaints examiner,
equal employment opportunity investigator, arbitrator or other duly
authorized official engaged in investigation or settlement of a
grievance, complaint, or appeal filed by an employee. A record from
this system of records may be disclosed to the United States Office
of Personnel Management in accordance with the agency's
responsibility for evaluation and oversight of Federal personnel
management.
5. A record from this system of records may be disclosed to
officers and employees of a Federal agency for purposes of audit.
6. A record from this system of records may be disclosed as a
routine use to a member of Congress or to a congressional staff
member in response to an inquiry of the congressional office made at
the request of the individual about whom the record is maintained.
7. A record from this system of records may be disclosed to
officers and employees of the GSA in connection with administrative
services provided to the ATBCB under agreement with GSA.
8. In the event the Board deems it desirable or necessary, in
determining whether particular records are required to be disclosed
under the Freedom of Information Act, disclosure may be made to the
Department of Justice for the purpose of obtaining its advice.
ARCHITECTURAL AND TRANSPORTATION BARRIERS COMPLIANCE BOARD
ARCHITECTURAL AND TRANSPORTATION BARRIERS COMPLIANCE BOARD
36 CFR PART 1121--PRIVACY ACT IMPLEMENTATION
Sec.
1121.1 Purpose and scope.
1121.2 Definitions.
1121.3 Procedures for requests pertaining to individuals' records in a
records system.
1121.4 Times, places, and requirements for the identification of the
individual making a request.
1121.5 Access to requested information to the individual.
1121.6 Request for correction or amendment to the record.
1121.7 Agency review of request for correction or amendment of the
record.
1121.8 Appeal of an initial adverse agency detemination on correction
or amendment of the record.
1121.9 Notification of dispute.
1121.10 Disclosure of record to a person other than the individual to
whom the record pertains.
1121.11 Accounting of disclosures.
1121.12 Fees.
Authority: 5 U.S.C. 552a; Pub. L. 93-579.
Source: 50 FR 3905, Jan. 29, 1986.
Sec. 1121.1 Purpose and scope.
The purposes of these regulations are to:
(a) Establish a procedure by which an individual can determine if the
Architectural and Transportation Barriers Compliance Board, hereafter
known as the Board or ATBCB, maintains a system of records which
includes a record pertaining to the individual; and
(b) Establish a procedure by which an individual can gain access to a
record pertaining to him or her for the purpose of review, amendment
and/or correction.
Sec. 1121.2 Definitions.
For the purpose of these regulations--
(a) The term ``individual'' means a citizen of the United States or an
alien lawfully admitted for permanent residence.
(b) The term ``maintain'' includes maintain, collect, use or
disseminate.
(c) The term ``record'' means any item, collection or grouping of
information about an individual that is maintained by the Board,
including, but not limited to, his or her employment history, payroll
information, and financial transactions and that contains his or her
name, or the identifying number, symbol, or other identifying particular
assigned to the individual, such as social security number.
(d) The term ``system of records'' means a group of any records under
control of the Board from which information is retrieved by the name of
the individual or by some identifying number, symbol, or other
identifying particular assigned to the individual.
(e) The term ``routine use'' means, with respect to the disclosure of
a record, the use of such record for a purpose which is compatible with
the purpose for which it was collected.
(f) The term ``authorized representative'' means a person who acts on
an ``individual's'' behalf for purposes of these regulations, pursuant
to written, signed instructions from the individual.
Sec. 1121.3 Procedures for requests pertaining to individuals'
records in a records system.
An individual or authorized representative shall submit a written
request to the Administrative Officer to determine if a system of
records named by the individual contains a record pertaining to the
individual. The individual or authorized representative shall submit a
written request to the Executive Director of the ATBCB which states the
individual's desire to review his or her record.
Sec. 1121.4 Times, places, and requirements for the identification
of the individual making a request.
An individual or authorized representative making a request to the
Administrative Officer of the ATBCB pursuant to Sec. 1121.3 shall
present the request at the ATBCB offices, 330 C Street, SW, Room 1010,
Washington, DC 20202, on any business day between the hours of 9 a.m.
and 5:30 p.m. The individual or authorized representative submitting the
request should present himself or herself at the ATBCB's offices with a
form of identification which will permit the ATBCB to verify that the
individual is the same individual as contained in the record requested.
An authorized representative shall present a written document
authorizing access. The document must be signed by the individual.
Sec. 1121.5 Access to requested information to the individual.
Upon verification of identity the Board shall disclose to the
individual or authorized representative the information contained in the
record which pertains to that individual. Nothing in this section shall
allow an individual access to any information compiled in reasonable
anticipation of a civil action or proceeding.
Sec. 1121.6 Request for correction or amendment to the record.
The individual or authorized representative should submit a request to
the Administrative Officer which states the individual's desire to
correct or to amend his or her record. This request is to be made in
accord with provisions of Sec. 1121.4.
Sec. 1121.7 Agency review of request for correction or amendment of
the record.
Within ten working days of the receipt of the request to correct or to
amend the record, the Administrative Officer will acknowledge in writing
such receipt and promptly either--
(a) Make any correction or amendment of any portion thereof which the
individual believes is not accurate, relevant, timely, or complete; or
(b) Inform the individual or authorized representative of his or her
refusal to correct or to amend the record in accordance with the
request, the reason for the refusal and the procedures established by
the Board for the individual to request a review of that refusal.
Sec. 1121.8 Appeal of an initial adverse agency determination on
correction or amendment of the record.
An individual who disagrees with the refusal of the Administrative
Officer to correct or to amend his or her record may submit a request
for a review of such refusal to the Executive Director, ATBCB, 330 C
Street, SW, Room 1010, Washington, DC 20202. The Executive Director
will, not later than thirty (30) working days from the date on which the
individual requests such review, complete such review and make final
determination, unless, for good cause shown, the Executive Director
extends such thirty-day period. If, after his or her review, the
Executive Director also refuses to correct or to amend the record in
accordance with the request, the Board shall permit the individual or
authorized representative to file with the Executive Director a concise
statement setting forth the reasons for his or her disagreement with the
refusal of the Executive Director and shall notify the individual or
authorized representative that he or she may seek judicial review of the
Executive Director's determination under 5 U.S.C. 552a(g)(1)(A).
Sec. 1121.9 Notification of dispute.
In any disclosure pursuant to Sec. 1121.10 containing information
about which the individual has previously filed a statement of
disagreement under Sec. 1121.8, the Board shall clearly note any portion
of the record which is disputed and provide copies of the statement and,
if the Executive Director deems it appropriate, copies of a concise
statement of the reasons of the Executive Director for not making the
amendments requested.
Sec. 1121.10 Disclosure of record to a person other than the
individual to whom the record pertains.
The Board will not disclose a record to any individual or agency other
than the individual to whom the record pertains, except to an authorized
representative, unless the disclosure has been listed as a ``routine
use'' in the Board's notices of its systems of records, or falls within
one of the special disclosure situations listed in the Privacy Act of
1974 (5 U.S.C. 552a(b)).
Sec. 1121.11 Accounting of disclosures.
(a) The Board shall, except for disclosure made under sections (b)(1)
and (b)(2) of the Privacy Act of 1974 (5 U.S.C. 552a) keep an accurate
accounting of--
(1) The date, nature and purpose of each disclosure of a record to any
person or another agency made pursuant to Sec. 1121.10; and
(2) The name and address of the person or agency to whom the
disclosure is made.
(b) This accounting shall be retained for at least five years or the
life of the record, whichever is longer, after the disclosure for which
the accounting is made;
(c) The Board shall make this accounting available to the individual
named in the record at his or her request, except for disclosures made
under section (b)(7) of the Privacy Act of 1974 (5 U.S.C. 552a).
(d) The Board shall inform any person or other agency to whom
disclosure has been made pursuant to Sec. 1121.10 about any correction
or notation of dispute made by the Board.
Sec. 1121.12 Fees.
If an individual or authorized representative requests copies of his
or her record, he or she shall be charged ten cents per page, excluding
the cost of any search for review of the record, in advance of receipt
of the pages.