Architectural and Transportation Barriers Compliance Board

Architectural and Transportation Barriers Compliance Board ATBCB

-1 Payroll Records-Architectural and Transportation Barriers Compliance Board.

General Services Administration (GSA), National Payroll Center, Kansas City, Kansas; copies held by the Board. (GSA holds records for the ATBCB under contract.)

Employees and public members of the Board.

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.

31 U.S.C. "Money and Finance", generally.

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.

Storage:

Paper and microfilm.

Social Security number.

Stored in guarded building; released only to authorized personnel, including among others, GSA liaison staff and finance personnel; and the Board administrative staff.

Disposition of records shall be in accordance with the HB GSA Records Maintenance and Disposition System (OAD P 1820.2).

Executive Director, ATBCB, 330 C Street, SW, Room 1010, Washington, DC 20202.

Contact Executive Director or refer to the Board access regulations contained in 36 CFR part 1121.

The subject individual; the Board.

-2 General Financial Records--Architectural and Transportation Barriers Compliance Board.

GSA, National Capital Region; copies held by the Board. (GSA holds records for the ATBCB under contract.)

Employees of the Board.

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.

31 U.S.C. "Money and Finance", generally.

See Appendix. Records also are released to GAO for audits; to the IRS for investigation; and to private attorneys, pursuant to power of attorney.

Storage:

Paper and tape.

Manual and automated by name.

Stored in guarded building; released only to authorized personnel including among others, GSA liaison staff, finance personnel and the Board administrative staff.

Disposition of records shall be in accordance with the HB GSA Records Maintenance and Disposition.

Executive Director, ATBCB, 330 C Street, SW, Room 1010, Washington, DC 20202.

Contact Executive Director or refer to the Board access regulations contained in 36 CFR part 1121.

The subject individual; the Board.

-3 General Unofficial Personnel Files--Architectural and Transportation Barriers Compliance Board.

ATBCB offices.

Biographic information; correspondence with members of the Board; personnel actions; position descriptions.

Title 5, U.S.C. "Government Organization and Employees," generally.

See appendix.

Storage:

Paper.

Manual.

Stored in lockable file cabinets, released only to authorized personnel, including among others, GSA liaison staff and the Board administrative staff.

Retained until no longer needed, then discarded.

Executive Director, ATBCB, 330 C Street, SW, Room 1010, Washington, DC 20202.

Contact Executive Director or refer to the Board access regulations contained in 36 CFR part 1121.

The subject individual; the Board.

-04 Mailing List--Architectural and Transportation Barriers Compliance Board.

ATBCB offices and the Fairfax Computer Center, Fairfax.

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.

Same as above.

29 U.S.C. 792.

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.

Storage:

Magnetic tape.

Category, last name, zip code.

Information can only be retrieved from the system by authorized personnel.

Ongoing process of changes, deletions and additions to list.

Executive Director, ATBCB, 300 C Street, SW, Room 1010, Washington, DC 230202.

Contact Executive Director or refer to the Board access regulations contained in 36 CFR part 1121.

Same as mentioned previously.

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.

Parks, Forests, and Public Property Architectural and Transportation Barriers Compliance Board 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, 1985, unless otherwise noted.

§ 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.

§ 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.

§ 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.

§ 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 § 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.

§ 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.

§ 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 § 1121.4.

§ 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.

§ 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).

§ 1121.9 Notification of dispute.

In any disclosure pursuant to § 1121.10 containing information about which the individual has previously filed a statement of disagreement under § 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.

§ 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)).

§ 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 § 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 § 1121.10 about any correction or notation of dispute made by the Board.

§ 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.