Privacy Act of 1974; Report of a Revised System of Records, 47226-47230 [E6-13389]

Agencies

• DEPARTMENT OF HEALTH AND HUMAN SERVICES

[Federal Register Volume 71, Number 158 (Wednesday, August 16, 2006)]
[Notices]
[Pages 47226-47230]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-13389]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES


Privacy Act of 1974; Report of a Revised System of Records

AGENCY: Office of the Assistant Secretary for Administration and 
Management, Program Support Center, HHS.

ACTION: Notice of a Modified or Altered System of Records.

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SUMMARY: Notice is hereby given that the Office of the Assistant 
Secretary for Administration and Management, Program Support Center, 
HHS, is proposing to amend its existing System of Records (SOR) 
entitled, ``PSC Parking Program and PSC Transhare Program Records, No. 
09-40-0013.'' This amendment will change the name of the system and 
incorporate the activities of the PSC security and personal 
identification verification services into the existing SOR and provide 
for a more effective application of services. We have provided 
background information about the amended system in the SUPPLEMENTARY 
INFORMATION section below.

DATES: Effective Date: PSC filed a revised system report with the 
Chairman of the Committee on Government Reform and Oversight of the 
House of Representatives, the Chairman of the Committee on Homeland 
Security and Governmental Affairs of the Senate, and the Administrator, 
Office of Information and Regulatory Affairs, Office of Management and 
Budget (OMB), on August 9, 2006. To ensure that all parties have 
adequate time in which to

[[Page 47227]]

comment, the revised system notice is effective 30 days after the date 
of publication, unless HHS receives comments which would result in a 
contrary determination, or 40 days from the date it was submitted to 
OMB and the Congress, whichever is later.

ADDRESSES: Mail public comments to Mr. Don Deering, Chief, Security 
Services Branch, Physical Security Branch, Room 4B-44, 5600 Fishers 
Lane, Rockville, MD 20857. Telephone 301-443-2714. This is not a toll-
free number. Comments will be available for public inspection and 
copying at the above location, by appointment only, during regular 
business hours, Monday through Friday from 9 a.m.-3 p.m., eastern time 
zone.

FOR FURTHER INFORMATION CONTACT: Mr. Don Deering, Chief, Security 
Services Branch, Physical Security Branch, Room 4B-44, 5600 Fishers 
Lane, Rockville, MD 20857. Telephone 301-443-2714.

SUPPLEMENTARY INFORMATION: In 1999, PSC established a system of records 
(SOR), ``PSC Parking Program and PSC Transhare Program Records, HHS/
PSC/AOS.'' Under the authority of The Federal Property and 
Administrative Services Act of 1949, as amended; and Pub. L. 101-509 
section 629, as amended (5 U.S.C. 7905, ``Programs to encourage 
commuting by means other than single-occupancy motor vehicles''). 
Notice of this system was published in the Federal Register July 14, 
1999 (64 FR 37990). This amendment will incorporate the activities of 
the PSC security and personal identification verification services into 
the existing SOR and provide for a more effective application of 
services.
    The SOR contains records relating to the administration of the 
parking permit system, PSC Transhare Program, PSC Security Services, 
and the PSC badging issuance for the Parklawn Building and HHS 
facilities. The records include information such as name; date of 
birth; place of birth; height; weight; gender; hair color and eye 
color; fingerprints; pay plan; grade level; employing organization; 
building and room; duty hours and location; name of supervisor; home 
address; office telephone number; background investigation type, Social 
Security Number; assigned parking space number; vehicle information, 
i.e., tag number and State; make and model of car; physician's 
statement in support of handicapped parking assignments and query to 
supervisors in support of handicapped parking assignments, where 
applicable; Transhare commuter card number; mode of transportation; 
commuter cost; name of personnel security representative (PSR).

I. Description of the Modified or Altered System of Records

A. Statutory and Regulatory Basis for SOR

    The maintenance of the system is authorized by the Federal Property 
and Administrative Services Act of 1949, as amended, Pub. L. 101-509, 
section 629, as amended (5 U.S.C. 7905, ``Programs to encourage 
commuting by means other than single-occupancy motor vehicles''), 
Executive Order 12958, the Privacy Act of 1974 (5 U.S.C. 552a(e)(10)), 
Pub. L. 90-620, as amended (44 U.S.C. Chapters 21 and 23), 5 U.S.C. 
301, 40 U.S.C. 121(c) as implemented by 41 CFR part 102-74 subpart C, 
and 41 CFR section 102-74.375. The above Executive Order, Statutes, and 
Regulations address the security of records maintained by Federal 
agencies, Public Buildings, Property, Conduct on Federal Property, 
commuter programs, and Physical Protection and Building Security.

 B. Collection and Maintenance of Data in the System

    For purposes of the SOR, the system contains information related to 
the administration of the parking permit system, PSC Transhare Program, 
PSC Security Services, and the PSC badging issuance for the Parklawn 
Building and HHS facilities. The records include information such as 
name; date of birth; place of birth; height; weight; gender; hair color 
and eye color; fingerprints; pay plan; grade level; employing 
organization; building and room; duty hours and location; name of 
supervisor; home address; office telephone number; background 
investigation type, Social Security Numbers; assigned parking space 
number; vehicle information, i.e., tag number and State; make and model 
of car; physician's statement in support of handicapped parking 
assignments and query to supervisors in support of handicapped parking 
assignments, where applicable; Transhare commuter card number; mode of 
transportation; commuter cost; name of personnel security 
representative (PSR).

II. Agency Policies, Procedures, and Restrictions on the Routine Use

    A. The Privacy Act permits us to disclose information without an 
individual's consent if the information is to be used for a purpose 
that is compatible with the purpose(s) for which the information was 
collected. Any such disclosure of data is known as a ``routine use.'' 
The Government will only release PSC Parking, Transhare, Security 
Services, and Badge Issuance information that can be associated with an 
individual as provided for under ``Section III.'' Both identifiable and 
non-identifiable data may be disclosed under a routine use. We will 
only collect the minimum personal data necessary to achieve the purpose 
of this system.

III. Routine Use Disclosures of Data in the System

    A. The Privacy Act allows us to disclose information without an 
individual's consent if the information is to be used for a purpose 
that is compatible with the purposes for which the information was 
collected. Any such disclosure of data is known as a ``routine use.'' 
The Government will only release PSC Parking, Transhare, Security 
Services, and Badge Issuance information that can be associated with an 
individual as provided for under Section III. Both identifiable and 
non-identifiable data may be disclosed under a routine use. We will 
only collect the minimum personal data necessary to achieve the purpose 
of this system.
    Routine uses of records maintained in the system, including 
categories of users and the purposes of such uses: These records or 
information from these records may be used:
    1. To disclose pertinent information to appropriate city, county, 
State and Federal law enforcement agencies responsible for 
investigating, prosecuting, enforcing, or implementing statutes, rules, 
regulations or orders, when HHS becomes aware of evidence of a 
potential violation of civil or criminal law.
    2. To disclose information to a congressional office from the 
record of an individual in response to a verified inquiry from that 
congressional office made at the written request of that individual.
    3. To disclose information to the Department of Justice, a court or 
other tribunal, when: (a) HHS, or any component thereof; or (b) any HHS 
employee in his or her official capacity; or (c) any HHS employee in 
his or her individual capacity where the Department of Justice (or HHS 
where it is authorized to do so) has agreed to represent the employee; 
or (d) The United States or any agency thereof where HHS determines 
that the litigation is likely to affect HHS or any of its components, 
is a party to litigation or has interest in such litigation, and HHS 
determines that the use of such records by the Department of Justice, 
the court or other tribunal is relevant and necessary to the litigation 
and would help in the effective representation of the governmental 
party, provided, however, that in each case HHS determines that such 
disclosure is

[[Page 47228]]

compatible with the purpose for which the records are collected.
    4. When HHS contemplates contracting with a private firm for the 
purpose of collating, analyzing, aggregating, or otherwise refining 
records in this system, relevant records will be disclosed to such a 
contractor. The contractor will be required to maintain Privacy Act 
safeguards with respect to such records. These safeguards are explained 
in the section entitled ``Safeguards.''
    5. To disclose information to officials of labor organizations 
recognized under 5 U.S.C. Chapter 71 when relevant and necessary to 
their duties of exclusive representation, concerning personnel 
policies, practices, and matters affecting working conditions.
    6. Disclosure may be made to organizations deemed qualified by the 
Secretary to carry out quality assessments or utilization review.

IV. Safeguards

    PSC has safeguards in place for authorized users and monitors such 
users to ensure against unauthorized use.
    1. Authorized Users: Data on computer files is accessed by 
authorized users who are PSC employees and who are responsible for 
implementing the program.
    2. Physical Safeguards: Rooms where records are stored are locked 
when not in use. During regular business hours, rooms are unlocked but 
are controlled by on-site personnel.
    3. Procedural and Technical Safeguards: A password is required to 
access the terminal, and a data set name controls the release of data 
to only authorized users. All users of personal information in 
connection with the performance of their jobs (see Authorized Users 
above) protect information from public view and from unauthorized 
personnel entering an unsupervised office.
    4. Contractor Guidelines: A contractor who is given records under 
routine use 4 must maintain the records in a secured area, allow only 
those individuals immediately involved in the processing of the records 
to have access to them, prevent unauthorized persons from gaining 
access to the records, and return the records to the System Manager 
immediately upon completion of the work specified in the contract. 
Contractor compliance is assured through inclusion of Privacy Act 
requirements in contract clauses, and through monitoring by contract 
and project officers. Contractors who maintain records are instructed 
to make no disclosure of the records except as authorized by the System 
Manager and as stated in the contract.
    This system will conform to all applicable Federal laws and 
regulations and Federal, HHS, and PSC policies and standards as they 
relate to information security and data privacy. These laws and 
regulations may apply but are not limited to: The Privacy Act of 1974; 
the Federal Information Security Management Act of 2002; the Computer 
Fraud and Abuse Act of 1986; the E-Government Act of 2002, and the 
corresponding implementing regulations. OMB Circular A-130, Management 
of Federal Resources, Appendix III, Security of Federal Automated 
Information Resources also applies. Federal, HHS, and PSC policies and 
standards include but are not limited to: All pertinent National 
Institute of Standards and Technology publications and the HHS 
Information Systems Program Handbook.

V. Effects of the Proposed System of Records on Individual Rights

    PSC proposes to revise this system in accordance with the 
principles and requirements of the Privacy Act and will collect, use, 
and disseminate information only as prescribed therein. Data in this 
system will be subject to the authorized releases in accordance with 
the routine uses identified in this system of records.
    PSC will take precautionary measures to minimize the risks of 
unauthorized access to the records and the potential harm to individual 
privacy or other personal or property rights of patients whose data are 
maintained in this system. PSC will collect only that information 
necessary to perform the system's functions. In addition, PSC will make 
disclosure from the proposed system only with consent of the subject 
individual, or his/her legal representative, or in accordance with an 
applicable exception provision of the Privacy Act. PSC, therefore, does 
not anticipate an unfavorable effect on individual privacy as a result 
of information relating to individuals.

    Dated: August 8, 2006.
J.P. VanLandingham,
Deputy Assistant Secretary for Program Support.
SYSTEM NO. 09-40-0013

SYSTEM NAME:
    PSC Parking Program, PSC Transhare Program Records, PSC Security 
Services, and PSC Employee and Contractors Identification Badge 
Issuances, HHS/PSC/AOS.

SECURITY CLASSIFICATION:
    None.

SYSTEM LOCATION:
    Division of Property Management, Administrative Operations Service, 
Program Support Center, Room 4B-44 and 5B-07, Parklawn Building, 5600 
Fishers Lane, Rockville, MD 20857.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Current HHS employees and others who use Parklawn Building parking 
facilities; HHS employees who apply for and participate in the PSC 
Transhare Program; HHS employees and contractors, who submit 
information for personnel security clearances, and employees, 
contractors, retirees, and individuals seeking access to HHS 
facilities.

CATEGORIES OF RECORDS IN THE SYSTEM:
    This system contains records relating to the administration of the 
parking permit system, PSC Transhare Program, PSC Security Services, 
and the PSC badging issuance for the Parklawn Building and HHS 
facilities. The records include information such as name; date of 
birth; place of birth; height; weight; gender; hair color and eye 
color; fingerprints; pay plan; grade level; employing organization; 
building and room; duty hours and location; name of supervisor; home 
address; office telephone number; background investigation type, Social 
Security Numbers; assigned parking space number; vehicle information, 
i.e., tag number and State; make and model of car; physician's 
statement in support of handicapped parking assignments and query to 
supervisors in support of handicapped parking assignments, where 
applicable; Transhare commuter card number; mode of transportation; 
commuter cost; name of personnel security representative (PSR).

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    The maintenance of the system is authorized by the Federal Property 
and Administrative Services Act of 1949, as amended, Pub. L. 101-509, 
section 629, as amended (5 U.S.C. 7905, ``Programs to encourage 
commuting by means other than single-occupancy motor vehicles''), 
Executive Order 12958, the Privacy Act of 1974 (5 U.S.C. 552a(e)(10)), 
Pub. L. 90-620, as amended (44 U.S.C. Chapters 21 and 23), 5 U.S.C. 
301, 40 U.S.C. 121(c) as implemented by 41 CFR part 102-74 subpart C, 
and 41 CFR section 102-74.375. The above Executive Order, Statutes, and 
Regulations address the security of records maintained by Federal 
agencies, Public Buildings,

[[Page 47229]]

Property, Conduct on Federal Property, commuter programs, and Physical 
Protection and Building Security.

PURPOSE(S):
    These records are used to:
    1. Administer the parking program at the Parklawn Building complex.
    2. Manage the PSC Transhare Program, including receipt and 
processing of Employee applications and coordination of the fare media 
distribution to employees.
    3. Monitor the use of funds used to support the PSC Transhare 
Program.
    4. Issue Identification Badges and perform background 
investigations for Federal Employees and Contractors as described by 
HSPD-12 and FIPS-201 supported by the PSC for Parklawn Building complex 
and other HHS facilities.
    5. Administer the PSC Personnel Security and Ethics Programs.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSES OF SUCH USES:
    These records or information from these records may be used:
    1. To disclose pertinent information to appropriate city, county, 
State and Federal law enforcement agencies responsible for 
investigating, prosecuting, enforcing, or implementing statutes, rules, 
regulations or orders, when HHS becomes aware of evidence of a 
potential violation of civil or criminal law.
    2. To disclose information to a congressional office from the 
record of an individual in response to a verified inquiry from that 
congressional office made at the written request of that individual.
    3. To disclose information to the Department of Justice, a court or 
other tribunal, when: (a) HHS, or any component thereof; or (b) any HHS 
employee in his or her official capacity; or (c) any HHS employee in 
his or her individual capacity where the Department of Justice (or HHS 
where it is authorized to do so) has agreed to represent the employee; 
or (d) The United States or any agency thereof where HHS determines 
that the litigation is likely to affect HHS or any of its components, 
is a party to litigation or has interest in such litigation, and HHS 
determines that the use of such records by the Department of Justice, 
the court or other tribunal is relevant and necessary to the litigation 
and would help in the effective representation of the governmental 
party, provided, however, that in each case HHS determines that such 
disclosure is compatible with the purpose for which the records are 
collected.
    4. When HHS contemplates contracting with a private firm for the 
purpose of collating, analyzing, aggregating, or otherwise refining 
records in this system, relevant records will be disclosed to such a 
contractor. The contractor will be required to maintain Privacy Act 
safeguards with respect to such records. These safeguards are explained 
in the section entitled ``Safeguards.''
    5. To disclose information to officials of labor organizations 
recognized under 5 U.S.C. Chapter 71 when relevant and necessary to 
their duties of exclusive representation, concerning personnel 
policies, practices, and matters affecting working conditions.
    6. Disclosure may be made to organizations deemed qualified by the 
Secretary to carry out quality assessments or utilization review. 
Policies and practices for storing, retrieving, accessing, retaining 
and disposing of records in the system:

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, 
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
    These records are maintained in file folders, cabinets, on disks 
and in an automated data base.

RETRIEVABILITY:
    These records are retrieved by the name, Social Security Number, 
parking space number, permit number, address, vehicle information and 
PSC Transhare commuter card number of the individuals on whom they are 
maintained, and Biometric Data.

SAFEGUARDS:
    1. Authorized Users: Data on computer files is accessed by 
authorized users who are PSC employees and who are responsible for 
implementing the program.
    2. Physical Safeguards: Rooms where records are stored are locked 
when not in use. During regular business hours, rooms are unlocked but 
are controlled by on-site personnel.
    3. Procedural and Technical Safeguards: A password is required to 
access the terminal, and a data set name controls the release of data 
to only authorized users. All users of personal information in 
connection with the performance of their jobs (see Authorized Users 
above) protect information from public view and from unauthorized 
personnel entering an unsupervised office.
    4. Contractor Guidelines: A contractor who is given records under 
routine use 4 must maintain the records in a secured area, allow only 
those individuals immediately involved in the processing of the records 
to have access to them, prevent unauthorized persons from gaining 
access to the records, and return the records to the System Manager 
immediately upon completion of the work specified in the contract. 
Contractor compliance is assured through inclusion of Privacy Act 
requirements in contract clauses, and through monitoring by contract 
and project officers. Contractors who maintain records are instructed 
to make no disclosure of the records except as authorized by the System 
Manager and as stated in the contract.

RETENTION AND DISPOSAL:
    Parking records are maintained for varying periods of time, in 
accordance with NARA General Records Schedule 11 number 4a. (parking 
permits). Disposal of manual records is by shredding; electronic data 
is erased. PSC Transhare records are retained for a maximum of two 
years following the last month of an employee's participation in the 
PSC Transhare Program. Paper copies are destroyed by shredding. 
Computer files are destroyed by deleting the record from the file. 
Identification Badge records are maintained in accordance with NARA 
General Records Schedule 11 number 4a. Personnel Security records are 
retained for a maximum of 15 years. Disposal of manual records is by 
shredding: electronic data is erased. Disposal of manual records is by 
shredding; electronic data is erased.

SYSTEM MANAGER(S) AND ADDRESS:
    Safety and Security Specialist, Physical Security Branch, Division 
of Property Management, Administrative Operation Service, PSC, Room 4B-
44, 5600 Fishers Lane, Rockville, MD 20857.

NOTIFICATION PROCEDURES:
    Same as Access Procedures. The requester is required to specify 
reasonably the contents of the records being sought.

RECORD ACCESS PROCEDURES:
    To determine whether information about themselves is contained in 
this system, the subject individual should contact the System Manager 
at the above address. The requester must also verify his or her 
identity by providing either a notarization of the request or a written 
certification that the requester is who he or she claims to be. 
Individuals must provide the following information for their records to 
be located and identified: (a) Full name, (b) Social Security Number, 
(furnishing the Social

[[Page 47230]]

Security Number is voluntary, but it may make searching for a record 
easier and prevent delay), (c) parking space number (if appropriate); 
(d) vehicle license number (if appropriate) and (e) for the PSC 
Transhare Program, the requester must provide the commuter card number 
and the dates of participation in the Program. The requester must also 
understand that the knowing and willful request for acquisition of a 
record pertaining to an individual under false pretenses is a criminal 
offense subject to a fine. An individual who is the subject of records 
maintained in this records system may also request an accounting of 
disclosures that have been made of his or her records.

REQUESTS BY TELEPHONE:
    Since positive identification of the caller cannot be established, 
telephone requests are not honored.

CONTESTING RECORD PROCEDURES:
    Contact the System Manager specified above and reasonably identify 
the record, specify the information to be contested, the corrective 
action sought, and your reasons for requesting the correction, along 
with supporting information to show how the record is inaccurate, 
incomplete, untimely or irrelevant.

RECORD SOURCE CATEGORIES:
    Records are developed from information supplied by applicants and, 
for handicapped parking assignments, by physicians and supervisors.

SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT:
    None.
 [FR Doc. E6-13389 Filed 8-15-06; 8:45 am]
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