[Federal Register Volume 63, Number 14 (Thursday, January 22, 1998)]
[Notices]
[Pages 3346-3349]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-1524]


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DEPARTMENT OF JUSTICE

[AAG/A Order No. 148-98]


Privacy Act of 1974; Modified 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, 
proposes to modify a system of records entitled ``Department of Justice 
Payroll System, JMD-003.''
    The Department is modifying the system of records to show that, 
pursuant to an interagency agreement, the Department provides the U.S. 
Department of Agriculture, National Finance Center (NFC), relevant and 
necessary data to perform pay-related functions on the Department's 
behalf. In addition, the system description, in particular the routine 
use disclosure section, has been extensively edited. Four new routine 
uses have been italicized for public convenience.

[[Page 3347]]

    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 new routine uses of a system 
of records. The Office of Management and Budget (OMB), which has 
oversight responsibility under the Act, requires that it be given a 40-
day period in which to review the modifications to the system.
    Therefore, please submit any comments by February 23, 1998. The 
public, OMB, and the Congress are invited to send written comments on 
new or revised routine uses to Patricia E. Neely, Information 
Management and Security Staff, Justice Management Division, Department 
of Justice, Washington, D.C. 20530 (Room 850, WCTR Building).
    A description of the system of records is provided below. In 
accordance with 5 U.S.C. 552a(r), DOJ has provided a report to OMB and 
the Congress on the modification of this system of records.

    Dated: January 4, 1998.
Stephen R. Colgate,
Assistant Attorney General for Administration.
JUSTICE/JMD-003

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

SYSTEM LOCATION:
    Payroll records in electronic or paper format may be found in the 
following locations:
    a. Post Conversion Records.\1\ As of May 1993, payroll information 
in electronic format is located on a computer maintained by the NFC in 
New Orleans, Louisiana; and at backup facilities in Philadelphia. 
Relevant data may also be stored on Justice Data Center Computers at 
the Department of Justice for use in distributing accounting 
information to the individual Bureaus. 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 Department's Personnel Staff, in servicing personnel offices 
throughout the Department, and in the offices of employee supervisors 
and managers.
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    \1\ The Department has contracted with the Department of 
Agriculture's National Finance Center (NFC) to maintain payroll 
information and conduct payroll-related activities for its 
employees. Conversion began in July of 1991 and was incrementally 
completed as of May of 1993.
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    b. Pre-conversion Records. Historical data is stored on magnetic 
tape at the Justice Data Center in Rockville, Maryland, and on 
microfiche by the Department's Finance Staff. Historical data in paper 
format may also be located in the Department's Finance and Personnel 
Staffs, in servicing personnel offices, and in the offices of employee 
supervisors and managers.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Current and former DOJ employees (excluding the FBI).

CATEGORIES OF RECORDS IN THE SYSTEM:
    Any and all records essential to the conduct of payroll-related 
activities. Included may be:

--Personal Identifying/personnel data
--Time and attendance records
--Leave records
--Allotment or deduction information such as bonds, garnishments, 
health benefits, life insurance, Thrift Savings Plan and other savings, 
retirement, and union dues.
--Travel and Relocation information
--Court orders to initiate garnishments
--Check mailing information
--Tax, withholding, and exemption information
--Accounting and organization funding information
--Salary, severance pay, award, and bonus information; active 
retirement records
--Former employee pay records
--Employee death records
--Returned employee check records
--Indebtedness records, e.g., overpayment of pay or travel

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    Budget and Accounting Act of 1950, as amended, 31 U.S.C. 66, 66a, 
and 20(a).

PURPOSE(S):
    This system of records is maintained to enable the Department 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) 
and the Office of Personnel Management (OPM). It enables the Department 
to prepare and document payment to all Department 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 Department of 
Justice (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 to the U.S. Department of Agriculture 
(USDA), National Finance Center (NFC), in order to effect all financial 
transactions on behalf or 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 Treasury for the issuance of checks; 
to Federal, State, and local authorities and the Social Security 
Administration for tax withholdings; 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, and 
health and life insurance. 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, and OPM; and to meet related reporting requirements.
    In addition, based on such data as the DOJ has input to the NFC 
data base for these purposes, the DOJ may subsequently make a paper 
request, or an electronic request to the NFC data base, for information 
which will allow the DOJ to disclose relevant information as follows; 
or, where appropriate or necessary, DOJ may authorize the NFC to make 
the disclosure:
    To Federal, State, or local housing authorities to enable these 
authorities to determine eligibility for low cost housing.
    To heirs, executors and legal representatives of beneficiaries for 
estate settlement purposes.
    To State and local courts of competent jurisdiction for the 
enforcement of child support, alimony, or both, pursuant to 41 U.S.C. 
659.
    To individuals, organizations, or agencies to enable such person,

[[Page 3348]]

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.
    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 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.
    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.
    To labor organizations recognized under 5 U.S.C., Chapter 71, the 
home addresses or designated mailing addresses of bargaining unit 
members.
    In the event that a record(s), either on its face or in conjunction 
with other information, indicates a violation or a potential violation 
of law, whether civil, criminal or regulatory in nature, to the agency 
charged with enforcing or implementing such law.
    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.
    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 comprise a Federal claim.
    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.
    To employees 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.
    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.
    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 the individual who is the subject of the record.
    To the National Archives and Records Administration and the General 
Services Administration for use in records management inspections 
conducted under the authority of 44 U.S.C. 2904 and 2906.
    In a proceeding before a court or adjudicative body before which 
the Department is authorized to appear when any of the following is a 
party to litigation or has an interest in the litigation and such 
records are determined by the Department to be arguably relevant to the 
litigation: The Department, or any of the Department's components or 
their subdivisions; any Department employee in his/her official 
capacity, or in his/her individual capacity where the Department of 
Justice agrees to represent the employee; or the United States where 
the Department determines that the litigation is likely to affect it or 
any of the Department's components or their subdivisions.
    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. 
section 552a(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 the Privacy Act, the DOJ may retrieve from the NFC data base 
information which will enable the DOJ to make relevant and necessary 
disclosures pursuant to any of the other relevant and appropriate 
Privacy Act disclosure provisions.
    Finally, 31 U.S.C. 3711 requires that the notice required by 
section 552a(e)(4) of title 5 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), 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 computer disks, magnetic tapes, microfiche 
and on paper.

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

[[Page 3349]]

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.

Retention and Disposal:
    Records are disposed of in accordance with General Records Schedule 
No. 2 as promulgated by the General Services Administration.

System Manager(s) and Address:
    Director, Personnel Staff, Justice Management Division, Department 
of Justice, Ariel Rios Building, 1200 Pennsylvania Avenue, NW., Suite 
5206, 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. Addresses of Department components may be found in Appendix 
I., to part 16 of the Code of Federal Regulations. The individual may 
also address his/her request to the system manager named above.

Record Access Procedure:
    Same as above.

Contesting Record Procedure:
    Same as above.

Record Source Categories:
    Individuals covered by the system; personnel offices; time and 
attendance clerks; supervisors, administrative officers, other 
officials; financial institutions or employee organizations; previous 
Federal employers; consumer reporting agencies; debt collection 
agencies; and the courts.

Systems Exempted from Certain Provisions of the Act:
    None.

[FR Doc. 98-1524 Filed 1-21-98; 8:45 am]
BILLING CODE 4410-AR-M