[Federal Register: March 16, 2004 (Volume 69, Number 51)]
[Notices]
[Page 12326-12328]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16mr04-63]
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EXECUTIVE OFFICE OF THE PRESIDENT
Office of Administration
Privacy Act of 1974: Revisions to System of Records: New System
and Addition of Standard Routine Uses
AGENCY: Office of Administration, Executive Office of the President.
ACTION: Notice of the publication to add a new system of records and
add standard routine uses.
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SUMMARY: Pursuant to the Privacy Act of 1974 (5 U.S.C. 552a), the
Office of Administration, Executive Office of the President (OA/EOP),
is proposing to create a new Privacy Act systems of records and add
standard routine uses for all its systems of records. This proposal
provides notice of the planned: (1) creation of one new system. The new
system, OA/EOP/08 ``Employee Transportation Facilitation,'' includes
information maintained by the Office of Administration on parking
permits, carpool and vanpool members, and transportation subsidies for
individuals who work for the following Executive Office of the
President Organizations: Council on Environmental Quality, Office of
Administration, Office of Management and Budget, Office of National
Drug Control Policy, Office of Science and Technology Policy, and the
United States Trade Representative. (2) Addition of standard routine
uses for all OA/EOP systems of records.
DATES: The notice for the new system of records and standard routine
uses will become effective as published on April 26, 2004, unless the
Office of Administration publishes a notice to the contrary. Comments
on these systems of records should be submitted in writing before April
26, 2004.
ADDRESSES: All written comments concerning these systems of records
should be submitted to the General Counsel, Office of Administration,
Executive Office of the President, 725 17th Street, NW., Washington, DC
20503 and sent by facsimile to (202) 456-7921.
Keith L. Roberts,
Acting General Counsel.
Privacy Act Systems--Standard Routine Uses--Office of Administration
The following standard routine uses apply, subject to the Privacy
Act of 1974, except where otherwise noted or where obviously not
appropriate, to each system of records maintained by the Office of
Administration.
1. Law Enforcement--In the event that this system of records
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
investigating or prosecuting such violation or charged with enforcing
or implementing the statute, or rule, regulation or order issued
pursuant thereto.
2. Disclosure When Requesting Information--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. Disclosure of Requested Information--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 on the matter.
4. Department of Justice or Other Agency--In the event there is a
pending court or formal administrative proceeding, any records which
are relevant to the proceeding may be disclosed to the Department of
Justice or other agency for purposes of representing the government, or
in the course of presenting evidence, or they may be produced to
parties or counsel involved in the proceeding in the course of pretrial
discovery.
5. Equal Employment Opportunity Commission and the Merit Systems
Protection Board--In order to facilitate their processing of
discrimination complaints, including investigations, hearings, and
reviews on appeals; any records which are relevant to the proceeding
may be disclosed to the agency conducting the review; responses to
other Federal agencies and other organizations having legal and
administrative responsibilities related to the OA Equal Employment
Opportunity Programs and to individuals in the record.
6. Congressional Inquires--Disclosure may be made to a
Congressional office from the record of an individual in response to a
written inquiry from the Congressional office made on behalf of the
individual. In such cases, however, the Congressional office does not
have greater rights to records than the individual. Thus, the
disclosure may be withheld from delivery to the individual where the
file contains investigative or actual information or other materials
which are being used, or are expected to be used, to support
prosecution or fines against the individual for violations of a
statute, or of regulations of the Department based on statutory
authority. No such limitations apply to records requested for
Congressional oversight or legislative purposes. Release is authorized
under 49 CFR 10.35(9).
7. Third Party--Disclosure may be made to a third party for (1)
verification of an employee's status upon written request of the
employee; (2) to facilitate the verification of employee contributions
for insurance data with carriers and collection agents; (3) to provide
various Federal, State, and local taxing authorities itemized listing
of withholdings for individual income taxes; (4) to respond to State
employment compensation requests for wage and separation data on former
employees; (5) to report previous job injuries to worker's compensation
organizations; (6) for person to notify in an emergency; (7) to report
unemployment record to appropriate State and local authorities; and (8)
when requested, provide other employers with work record.
8. Delinquent Debts--Where applicable, delinquent debts, and all
relevant information related thereto, may be forwarded to (1) the U.S.
[[Page 12327]]
Department of Treasury, for collection; and (2) to the Office of Child
Support Enforcement, Administration for Children and Families,
Department of Health and Human Services, National Directory of New
Hires, part of the Federal Parent Locator Service (FPLS) and the
Federal Tax Offset System, DHHS/OCSE No. 09-90-0074, for the purpose of
locating individuals to establish paternity, establishing and modifying
orders of child support, identifying sources of income, and for other
child support enforcement actions as required by the Personal
Responsibility and Work Opportunity Reconciliation Act of 1996 (Pub. L.
104-193); and
9. Office of Personnel Management--Disclosure may be made to the
Office of Personnel Management concerning information on pay and leave,
benefits, retirement deductions, and any other information necessary
for the Office of Personnel Management to carry out its legally
authorized government-wide personnel management functions and studies.
10. General Services Administration--Disclosure may be made to the
General Services Administration for the purpose of records management
inspections conducted under authority of 44 U.S.C. 2904 and 2906.
11. National Archives and Records Administration--Disclosure may be
made to the National Archives and Records Administration for the
purpose of records management inspections conducted under authority of
44 U.S.C. 2904 and 2906.
12. Merit Systems Protection Board--Disclosure may be made to the
Merit Systems Protection Board, including the Office of the Special
Counsel for the purpose of litigation, including administrative
proceedings, appeals, special studies of the civil service and other
merit systems, review of OPM or component rules and regulations,
investigation of alleged or possible prohibited personnel practices;
including administrative proceedings involving any individual subject
of an OA investigation, and such other functions, promulgated in 5
U.S.C 1205 and 1206, or as may be authorized by law.
OA/EOP-08
SYSTEM NAME:
Employee Transportation Facilitation.
SYSTEM LOCATION:
Office of Administration, Human Resources Management, 725 17th
Street, NW., Washington, DC 20503 will keep transportation subsidy
records. Office of Administration, Facilities Management Division, 725
17th Street, NW., Washington, DC 20503 will keep parking management
records.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Holders of parking permits, applicants for ridesharing information,
members of carpools and vanpools, and applicants and recipients of fare
subsidies who are employees with the following organizations within the
EOP: Council on Environmental Quality, Office of Administration, Office
of Management and Budget, Office of National Drug Control Policy,
Office of Science and Technology Policy, and United States Trade
Representative. The information in this system of records is kept by
the Office of Administration to administer employee transportation
programs on behalf of the EOP organizations listed above.
CATEGORIES OF RECORDS IN THE SYSTEM:
Records of holders of parking permits and records of carpool and
vanpool members. Records and reports of status of rideshare
applications; copies of applications and match letters received by
rideshare applicants; applications and certifications of fare subsidy
recipients; records and reports of disbursements to fare subsidy
recipients; and information on local public mass transit facilities and
fare subsidy programs.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Federal Property and Administrative Services Act of 1949, as
amended; title 5 U.S.C. 301.
PURPOSE:
Parking management and fare subsidy management.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
Carpool listing produced for use in creating or enlarging carpools
or vanpools. Used for production of listings and reports. Used for
periodic review or revalidation. Used as part of a program designed to
ensure eligibility for, and receipt of, fare subsidy. See Standard
Routine Uses.
DISCLOSURES TO CONSUMER REPORTING AGENCIES:
Disclosures pursuant to 5 U.S.C. 552a(b)(12). Disclosures may be
made from this system to consumer reporting agencies (collecting on
behalf of the United States Government) as defined in the Fair Credit
Reporting Act (15 U.S.C. 1681a(f)) or the Federal Claims Collection Act
of 1982 (31 U.S.C. 3701(a)(3)).
POLICES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Records are stored in hard copy or electronically.
RETRIEVABILITY:
Records can be retrieved in hard copy form by name or
electronically by employee name or social security number, or by ZIP
code of residence, as applicable.
SAFEGUARDS:
Except for carpool listings, access is accorded only to parking and
fare subsidy management offices. Printout of carpool listing used in
matching program has name, agency, Office of Administration permit
number, and work telephone number only and is available upon request.
RETENTION AND DISPOSAL:
Data are deleted and not retained on ADP once the individual leaves
the system for any reason (i.e., is no longer on the ridesharing
listing, is no longer a member of a carpool or vanpool, or no longer
receives a fare subsidy). Record copies of monthly reports and listings
are retained for three years, forwarded to the Federal Records Center
for two more years, and then destroyed.
SYSTEM MANAGER (S) AND ADDRESS:
Office of Administration, Human Resources Management, 725 17th
Street, NW., Washington, DC 20503 will keep transportation subsidy
records. Office of Administration, Facilities Management Division, 725
17th Street, NW., Washington, DC 20503 will keep parking management
records.
NOTIFICATION PROCEDURE:
Current or former employees seeking access to information about
themselves contained in this system of records should address written
inquiries to the system manager. Employees should provide full name,
social security number, valid identification; and any other information
verifiable from this record.
RECORD ACCESS PROCEDURES:
Same as above.
CONTESTING RECORD PROCEDURES:
Same as above.
RECORD SOURCE CATEGORIES:
Applications submitted by individuals for parking permits, carpool
and vanpool membership, ridesharing information, and fare subsidies;
from notifications from other Federal agencies in the program; and from
[[Page 12328]]
periodic certifications and reports regarding fare subsidies, as
applicable.
SYSTEM EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT:
None.
[FR Doc. 04-5846 Filed 3-15-04; 8:45 am]