Privacy Act of 1974; Privacy Act System of Records, 62469-62472 [E6-17896]
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Federal Register / Vol. 71, No. 206 / Wednesday, October 25, 2006 / Notices
or counteract the anticompetitive effects
of the acquisition. Developing and
obtaining FDA approval for the
manufacture and sale of each of the
relevant products takes at least 2 years
due to substantial regulatory,
technological, and intellectual property
barriers. In addition to regulatory
barriers, penetrating the organ
preservation solution market is further
hindered by the reluctance of transplant
surgeons to switch to a new organ
preservation product.
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IV. Effects of the Acquisition
The proposed acquisition would
cause significant competitive harm to
consumers in the U.S. markets for
generic trazodone, generic triamterene/
HCTZ, and organ preservation solutions
by eliminating actual, direct, and
substantial competition between Barr
and Pliva, by increasing the likelihood
that Barr will be able to unilaterally
exercise market power, by increasing
the likelihood and degree of coordinated
interaction between the few remaining
competitors, and by increasing the
likelihood that consumers will pay
higher prices. In these markets, the
evidence shows that consumers have
obtained lower prices due to the
competitive rivalry that exists between
market participants. The evidence also
shows that as new rivals have entered
the markets, consumers have obtained
lower prices. The acquisition would
also cause significant competitive harm
to consumers in the U.S. market for
generic nimodipine by eliminating
future competition between Barr and
Pliva.
V. The Consent Agreement
The proposed Consent Agreement
preserves competition in the generic
trazodone and triamterene/HCTZ
markets by requiring that Barr divest all
of the Barr assets for these two products
to Apotex within 10 days after the
acquisition. The proposed Consent
Agreement contains several provisions
designed to ensure these divestitures are
successful. Barr must provide various
transitional services to enable Apotex to
compete against Barr immediately
following the divestiture. These services
include providing Apotex with existing
inventory of generic trazodone and
triamterene/HCTZ, supplying Apotex
with generic trazodone and triamterene/
HCTZ until Apotex secures FDA
approval to manufacture the products
for itself in its own facility, and
providing Apotex with all technical
assistance necessary to obtain any FDA
approvals. Apotex is a reputable generic
manufacturer and is well-positioned to
manufacture and market the acquired
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products and to compete effectively in
those markets. In the United States,
Apotex is roughly the tenth-largest
generic pharmaceutical company with
over 50 products. Moreover, the
acquisition by Apotex does not present
competitive problems in either the
generic trazodone market or the generic
triamterene/HCTZ market because it
does not currently compete in those
markets.
The proposed Consent Agreement
preserves the actual and potential
competition in the generic nimodipine
market by requiring Barr to divest the
Pliva nimodipine assets to Banner no
later than 10 days after the acquisition,
or to divest its own nimodipine assets
to Cardinal no later than 60 days after
the acquisition. Banner and Cardinal are
both reputable soft-gel capsule
manufacturers and particularly wellpositioned to manufacture and market
generic nimodipine because they are
already manufacturing generic
nimodipine soft-gel capsules pursuant
to their respective joint ventures with
Pliva and Barr.
The proposed Consent Agreement
preserves the competition in the organ
preservation solution market by
requiring Barr to divest the Pliva organ
preservation solution business to New
Custodiol LLC no later than 10 days
after the acquisition. The Custodiol
product is currently manufactured by a
third party, Dr. Franz Kohler Chemie
GmbH, who will continue to supply the
product to new New Custodiol LLC.
New Custodiol LLC is a company that
was formed by Pliva’s current head of
marketing for organ preservation
solutions, Mr. Allen Weber, for the
purpose of acquiring, marketing and
selling Custodiol in the United States.
New Custodiol LLC has obtained
funding from venture capitalists
sufficient to allow it to manufacture and
sell Custodiol effectively. The
combination of Mr. Allen Weber’s
industry experience and venture capital
backing makes New Custodiol LLC well
positioned to acquire Custodiol and to
restore the competition that would be
lost if the proposed acquisition were to
proceed unremedied. If the sale of
Pliva’s Custodiol is not successful, the
Consent Agreement requires that Barr
divest its organ preservation solution,
ViaSpan, to a Commission-approved
acquirer.
If the Commission determines that
any of the divestitures or divestees are
not acceptable, Barr must rescind the
transaction(s) and divest the assets to
Commission-approved buyer(s) not later
than 6 months from the date the Order
becomes final. If Barr fails to divest
within the 6 months, the Commission
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62469
may appoint a trustee to divest the
assets.
The proposed remedy also allows for
the appointment of an Interim Trustee,
experienced in obtaining regulatory
approval and the manufacture of
pharmaceuticals, to oversee the
technology transfer and to assist the
divestees in the event of difficulties. As
part of the proposed remedy, Barr is
required to execute an agreement
conferring all rights and powers
necessary for the Interim Trustee to
satisfy his responsibilities under the
Order to assure successful divestitures.
The Commission has appointed Mr.
William Rahe to be the Interim Monitor
and the divestees have consented to his
selection. The monitor will ensure that
the Commission remains informed
about the status of the proposed
divestitures and asset transfers.
The purpose of this analysis is to
facilitate public comment on the
proposed Consent Agreement, and it is
not intended to constitute an official
interpretation of the proposed Consent
Agreement or to modify its terms in any
way.
By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. E6–17904 Filed 10–24–06; 8:45 am]
BILLING CODE 6750–01–P
GENERAL SERVICES
ADMINISTRATION
Privacy Act of 1974; Privacy Act
System of Records
General Services
Administration
ACTION: Notice of proposed system of
records.
AGENCY:
SUMMARY: The General Services
Administration (GSA) proposes to
establish a system of records subject to
the Privacy Act of 1974, 5 U.S.C. 552a.
This system of records notice is for the
GSA Smart Card Program (GSA/CIO–1),
which covers the Homeland Security
Presidential Directive 12, Policy for a
Common Identification Standard for
Federal Employees and Contractors
(HSPD–12), process after adjudication
and determines if the individual can
receive identification (ID) card. The
records include both mandatory and
optional information necessary to the
request for an ID card, registration,
verification, and issuance procedures,
the index/database of active and invalid
ID cards, and the information stored on
the ID cards. The system may include
records of individuals who entered and
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Federal Register / Vol. 71, No. 206 / Wednesday, October 25, 2006 / Notices
exited Federal facilities or accessed
systems.
The GSA Smart Card Program will
ensure the safety and security of Federal
facilities, information systems, and their
occupants and users, by verifying that
all persons entering Federal facilities,
using Federal information resources, or
accessing classified information are
authorized to do so. The system also
will track and control identification ID
cards issued to individuals for these
purposes.
The system of records will
become effective on December 4, 2006
unless comments received on or before
that date result in a contrary
determination.
DATE:
Comments relating to the
GSA Smart Card Program should be
directed to: Director, GSA HSPD–12
Smart Card Program Management
Office, Office of the Chief Information
Officer, General Services
Administration, 1800 F Street NW.,
Room G–006, Washington DC 20405–
0002; telephone (202) 501–1500; fax
(202) 219–5818.
FOR FURTHER INFORMATION CONTACT: GSA
Privacy Act Officer (CIB), General
Services Administration, 1800 F Street
NW, Washington, DC 20405; telephone
(202) 501–1452.
SUPPLEMENTARY INFORMATION: The GSA
notice entitled Credentials, Passes, and
Licenses (GSA/HRO–8) is cancelled.
However, existing GSA forms and
associated databases covered by that
system will continue in effect until
replaced with those covered by this
notice. The existing forms include: GSA
Form 48, Request and Record of
Identification; GSA Form 277, Employee
Identification and Authorization
Credential; GSA Form 277U, Temporary
Pass; GSA Form 277V, Visitor Pass; GSA
Form 2941 Parking Application; as well
as biometric information including
photo, fingerprints and signature. The
new forms and databases covered by
this notice will be phased in to ensure
a controlled and structured process.
ADDRESSES:
Dated: October 6, 2006.
Cheryl M. Paige,
Acting Director, Office of Information
Management.
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GSA/CIO–1
System name: GSA Smart Card
Program
System location: Data are maintained
in GSA Central Office databases with
access from GSA regional offices.
Additionally, some access control data
may be located in Federal buildings and
Federally-leased facilities where staffed
guard stations have been established to
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handle the GSA Smart Card Personal
Identity Verification (PIV) process as
well as the physical security and
computer security offices at those
locations. Contact the System Manager
for additional information.
Security classification: Most identity
records are not classified. However, in
some cases, records of certain
individuals or portions of some records
may be classified in the interest of
national security.
Categories of individuals covered by
the system: Individuals who require
regular, ongoing access to agency
facilities, information technology
systems, or information classified in the
interest of national security, including:
a. Applicants for employment or
contracts
b. Federal employees
c. Contractors
d. Students
e. Interns
f. Volunteers
g. Individuals formerly in any of these
positions
Also included are individuals
authorized to perform or use services
provided in agency facilities (e.g., Credit
Union, Fitness Center, Cafeteria, etc.).
The system does not apply to
occasional visitors or short-term guests,
to whom GSA will issue temporary
identification and credentials.
Categories of records in the system:
a. Records maintained on individuals
issued credentials by GSA include the
following data fields:
• Full name,
• Social Security Number (SSN)
• Date of birth
• Signature
• Image (photograph)
• Fingerprints
• Hair color
• Eye color
• Height
• Organization / office of assignment
• Company / agency name
• Telephone number
• ID card issuance and expiration
dates
• ID card request form
• Registrar approval signature
• ID card number
• Emergency responder designation
• Copies of documents used to verify
identification or information derived
from those documents such as
document title, document issuing
authority, document number, document
expiration date, other document
information
b. Records maintained on cardholders
entering GSA facilities or using GSA
systems may include:
• Name
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• ID card number
• Date and Time of entry/exit
• Location of entry and exit
• Computer access dates, times, and
locations
Authorities for maintenance of the
system:
a. 5 U.S.C. 301;
b. Federal Information Security
Management Act (Pub. L. 107–296);
c. E-Government Act (Pub. L. 107–
347, Sec. 203);
d. Paperwork Reduction Act of 1995
(44 U.S.C. 3501 et al.)
e. Government Paperwork Elimination
Act (Pub. L. 105–277, 44 U.S.C. 3504);
f. Homeland Security Presidential
Directive 12 (HSPD–12), Policy for a
Common Identification Standard for
Federal Employees and Contractors,
August 27, 2004; and
g. Federal Property and
Administrative Services Act of 1949, as
amended.
Purpose: The primary purposes of the
system are:
a. To ensure the safety and security of
GSA facilities, systems or information,
and our occupants and users;
b. To verify that all persons entering
federal facilities, using federal
information resources, or accessing
classified information are authorized to
do so; and
c. To track and control ID cards issued
to persons entering and exiting the
facilities, using systems, or accessing
classified information.
Routine uses of the system records,
including categories of users and their
purpose for using the system:
Information about covered
individuals may be disclosed without
consent as permitted by the Privacy Act
of 1974, 5 U.S.C. § 552a(b), and:
a. To the Department of Justice when:
(1) GSA or any component thereof; (2)
any employee of GSA in his or her
official capacity; (3) any employee of
GSA in his or her individual capacity
where GSA or the Department of Justice
(DOJ) has agreed to represent the
employee; or (4) the United States
Government, is a party to litigation or
has an interest in such litigation, and by
careful review, GSA determines that the
records are both relevant and necessary
to the litigation, and the use of such
records by DOJ is therefore deemed by
GSA to be for a purpose compatible
with the purpose for which GSA
collected the records.
b. To a court or adjudicative body in
a proceeding when: (1) GSA or any
component thereof; (2) any employee of
GSA in his or her official capacity; (3)
any employee of GSA in his or her
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Federal Register / Vol. 71, No. 206 / Wednesday, October 25, 2006 / Notices
individual capacity where GSA or the
Department of Justice has agreed to
represent the employee; or (4) the
United States Government, is a party to
litigation or has an interest in such
litigation, and by careful review, GSA
determines that the records are both
relevant and necessary to the litigation,
and the use of such records is therefore
deemed by GSA to be for a purpose that
is compatible with the purpose for
which the agency collected the records.
c. Except as noted on Forms SF 85,
85–P, and 86, when a record on its face,
or in conjunction with other 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,
disclosure may be made to the
appropriate public authority, whether
Federal, foreign, State, local, or tribal, or
otherwise responsible for enforcing,
investigating or prosecuting such
violation or charged with enforcing or
implementing the statute, or rule,
regulation, or order issued pursuant
thereto, if the information disclosed is
relevant to any enforcement, regulatory,
investigative or prosecutorial
responsibility of the receiving entity.
d. To a Member of Congress or to a
Congressional staff member in response
to an inquiry of the Congressional office
made at the written request of the
constituent whose record is maintained.
e. To the National Archives and
Records Administration for records
management purposes.
f. To agency contractors, grantees, or
volunteers who have been engaged to
assist the agency in the performance of
a contract service, grant, cooperative
agreement, or other activity related to
this system of records and who need to
have access to the records in order to
perform their activity. Recipients shall
be required to comply with the
requirements of the Privacy Act of 1974,
as amended, 5 U.S.C. § 552a.
g. To a Federal, State, local, foreign,
tribal, or other public authority the fact
that this system of records contains
information relevant to the retention of
an employee, the retention of a security
clearance, the letting of a contract, or
the issuance or retention of a license,
grant, or other benefit. The other agency
or licensing organization may then make
a request supported by the written
consent of the individual for the entire
record if it so chooses. No disclosure
will be made unless the information has
been determined to be sufficiently
reliable to support a referral to another
office within the agency or to another
Federal agency for criminal, civil,
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15:12 Oct 24, 2006
Jkt 211001
administrative, personnel, or regulatory
action.
h. To the Office of Management and
Budget when necessary to the review of
private relief legislation pursuant to
OMB Circular No. A-19.
i. To a Federal, State, or local agency,
or other appropriate entities or
individuals, or through established
liaison channels to selected foreign
governments, in order to enable an
intelligence agency to carry out its
responsibilities under the National
Security Act of 1947 as amended, the
CIA Act of 1949 as amended, Executive
Order 12333 or any successor order,
applicable national security directives,
or classified implementing procedures
approved by the Attorney General and
promulgated pursuant to such statutes,
orders, or directives.
j. To notify another federal agency
when, or verify whether, an ID card is
no longer valid.
Note: Disclosures within GSA of data
pertaining to date and time of entry and
exit of an agency employee working in
the District of Columbia may not be
made to supervisors, managers or any
other persons (other than the individual
to whom the information applies) to
verify employee time and attendance
record for personnel actions because 5
U.S.C. § 6106 prohibits Federal
executive agencies (other than the
Bureau of Engraving and Printing) from
using a recording clock within the
District of Columbia, unless used as a
part of a flexible schedule program
under 5 U.S.C. § 6120 et seq.
Policies and practices for storing,
retrieving, accessing, retaining, and
disposing of system records:
Storage: Information may be collected
on paper or electronically and may be
stored on paper or on electronic media,
as appropriate.
Retrievability: Records are retrievable
by name, Social Security Number, other
ID number, ID card number, image
(photograph), and fingerprint.
Safeguards: Paper records are kept in
locked cabinets in secure facilities and
access to them is restricted to
individuals whose role requires use of
the records.
The computer servers in which
records are stored are located in
facilities that are secured by alarm
systems and off-master key access. The
computer servers themselves are
password-protected. Access to
individuals working at guard stations is
password-protected; each person
granted access by the system at guard
stations must be individually authorized
to use the system. A Privacy Act
Warning Notice appears on the monitor
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62471
screen when records containing
information on individuals are first
displayed. Data exchanged between the
servers and the client PCs at the guard
stations and badging office are
encrypted. Backup tapes are stored in a
locked and controlled room in a secure,
off-site location. Each of the component
computer servers at the GSA Regions, or
at the contract Card Production and
Card Management Systems has been
only authorized to act when it has been
Certified and Accredited in accord with
GSA Information Technology Security
Policy and HSPD–12 criteria. This
Certification is updated periodically on
a 3 year basis, or less if cause to do so
has become apparent.
An audit trail is maintained and
reviewed periodically to identify
unauthorized access. Persons given
roles in the personal identity
verification process must complete
training specific to their roles to ensure
they are knowledgeable about how to
protect individually identifiable
information.
Retention and disposal: Records
relating to persons covered by this
system are retained in accordance with
General Records Schedule 18, Item 17.
Unless retained for specific, ongoing
security investigations for maximum
security facilities, records of access are
maintained for five years and then
destroyed by degaussing hard drives
and shredding paper. For other
facilities, records are maintained for two
years and then destroyed by wiping
hard drives and shredding paper. All
other records relating to employees are
destroyed two years after the ID card
expiration date.
In accordance with HSPD–12, ID
cards are deactivated within 18 hours of
cardholder separation, loss of card, or
expiration. The information on ID cards
is maintained in accordance with
General Records Schedule 11, Item 4. ID
cards are destroyed by shredding 90
days after deactivation. Once
notification of deactivation has been
received, the ID number is placed on a
revocation list within no more than 2
hours, which immediately invalidates
the access privileges for that card in
accord with GSA policy.
System manager and address:
Director, GSA HSPD–12 Smart Card
Program Management Office
Office of the Chief Information Officer
1800 F Street NW, Room G–006
Washington DC 20405–0002
Notification procedure: An individual
can determine if this system contains a
record pertaining to him/her by sending
a request in writing, signed, to the
System Manager at the above address.
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Federal Register / Vol. 71, No. 206 / Wednesday, October 25, 2006 / Notices
When requesting notification of or
access to records covered by this notice,
an individual should provide his/her
full name, date of birth, agency name,
and work location. An individual
requesting notification of records in
person must provide identity
documents sufficient to satisfy the
custodian of the records that the
requester is entitled to access, such as
a government-issued photo ID.
Record access procedures: Same as
notification procedures. Requesters also
should reasonably specify the record
contents being sought. Rules regarding
access to Privacy Act records appear in
41 CFR part 105–64. If additional
information or assistance is required,
contact the GSA Privacy Act Officer
(CIB), General Services Administration,
1800 F Street NW, Washington, DC
20405; telephone (202) 501–1452.
Contesting record procedures: Same
as notification procedures. Requesters
also should reasonably identify the
record, specify the information they are
contesting, state the corrective action
sought and the reasons for the
correction, along with supporting
justification showing why the record is
not accurate, timely, relevant, or
complete. Rules regarding amendment
of Privacy Act records appear in 41 CFR
part 105–64. If additional information or
assistance is required, contact the GSA
Privacy Act Officer.
Record source categories: Employee,
contractor, or applicant; sponsoring
agency; former sponsoring agency; other
Federal agencies; contract employer;
former employer.
Exemptions claimed for the system:
None.
Counsel, Office of General Counsel and
Legal Policy, Office of Government
Ethics, Suite 500, 1201 New York
Avenue, NW., Washington, DC 20005–
3917; OGE Internet E-mail:
usoge@oge.gov (for E-mail messages, the
subject line should include the
following reference—‘‘No FEAR Act
Notice’’); Telephone: 202–482–9274;
TDD: 202–482–9293; FAX: 202–482–
9237. A copy of the No FEAR Act Notice
will be posted on OGE’s Web site
(https://www.usoge.gov). Persons who
cannot access this No FEAR Act notice
through the Internet may request a
paper or electronic copy by contacting
Mr. Salamone at the address, E-mail
address, telephone numbers, or FAX
number listed above.
SUPPLEMENTARY INFORMATION: On May
15, 2002, Congress enacted the
‘‘Notification and Federal Employee
Antidiscrimination and Retaliation Act
of 2002,’’ which is now known as the
No FEAR Act. One purpose of the Act
is to require that Federal agencies be
accountable for violations of
antidiscrimination and whistleblower
protection laws. In support of this
purpose, Congress found that ‘‘agencies
cannot be run effectively if those
agencies practice or tolerate
discrimination.’’ Public Law 107–174,
Section 101(1), 116 Stat. 566. The Act
also requires this Agency to provide this
notice to Federal employees, former
Federal employees and applicants for
Federal employment to inform them of
the rights and protections available to
them under Federal antidiscrimination,
whistleblower protection, and
retaliation laws.
[FR Doc. E6–17896 Filed 10–24–06; 8:45 am]
Antidiscrimination Laws
BILLING CODE 6820–34–S
A Federal agency cannot discriminate
against an employee or applicant with
respect to the terms, conditions or
privileges of employment on the basis of
race, color, religion, sex, national origin,
age, disability, marital status or political
affiliation. Discrimination on these
bases is prohibited by one or more of the
following statutes: 5 U.S.C. 2302(b)(1),
29 U.S.C. 206(d), 29 U.S.C. 631, 29
U.S.C. 633a, 29 U.S.C. 791 and 42 U.S.C.
2000e–16.
If you believe that you have been the
victim of unlawful discrimination on
the basis of race, color, religion, sex,
national origin or disability, you must
contact an Equal Employment
Opportunity (EEO) counselor within 45
calendar days of the alleged
discriminatory action, or, in the case of
a personnel action, within 45 calendar
days of the effective date of the action,
before you can file a formal complaint
of discrimination with your agency. See,
OFFICE OF GOVERNMENT ETHICS
No FEAR Act Notice
AGENCY:
Office of Government Ethics
(OGE).
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ACTION:
Notice.
SUMMARY: The Office of Government
Ethics is publishing this notice under
the ‘‘Notification and Federal Employee
Antidiscrimination and Retaliation Act
of 2002,’’ which is known as the No
FEAR Act, to inform current employees,
former employees, and applicants for
OGE employment of the rights and
protections available to them under
Federal antidiscrimination,
whistleblower protection and retaliation
laws.
FOR FURTHER INFORMATION CONTACT:
Vincent J. Salamone, Associate General
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15:12 Oct 24, 2006
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e.g., 29 CFR part 1614. If you believe
that you have been the victim of
unlawful discrimination on the basis of
age, you must either contact an EEO
counselor as noted above or give notice
of intent to sue to the Equal
Employment Opportunity Commission
(EEOC) within 180 calendar days of the
alleged discriminatory action. If you are
alleging discrimination based on marital
status or political affiliation, you may
file a written complaint with the U.S.
Office of Special Counsel (OSC) at 1730
M Street, NW., Suite 218, Washington,
DC 20036–4505 or online through the
OSC Web site—https://www.osc.gov. In
the alternative (or in some cases, in
addition), you may pursue a
discrimination complaint by filing a
grievance through your agency’s
administrative or negotiated grievance
procedures, if such procedures apply
and are available.
Whistleblower Protection Laws
A Federal employee with authority to
take, direct others to take, recommend
or approve any personnel action must
not use that authority to take or fail to
take, or threaten to take or fail to take,
a personnel action against an employee
or applicant because of disclosure of
information by that individual that is
reasonably believed to evidence
violations of law, rule or regulation;
gross mismanagement; gross waste of
funds; an abuse of authority; or a
substantial and specific danger to public
health or safety, unless disclosure of
such information is specifically
prohibited by law and such information
is specifically required by Executive
order to be kept secret in the interest of
national defense or the conduct of
foreign affairs.
Retaliation against an employee or
applicant for making a protected
disclosure is prohibited by 5 U.S.C.
2302(b)(8). If you believe that you have
been the victim of whistleblower
retaliation, you may file a written
complaint (Form OSC–11) with OSC at
1730 M Street, NW., Suite 218,
Washington, DC 20036–4505 or online
through the OSC Web site—https://
www.osc.gov.
Retaliation for Engaging in Protected
Activity
A Federal agency cannot retaliate
against an employee or applicant
because that individual exercises his or
her rights under any of the Federal
antidiscrimination or whistleblower
protection laws listed above. If you
believe that you are the victim of
retaliation for engaging in protected
activity, you must follow, as
appropriate, the procedures described in
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Agencies
[Federal Register Volume 71, Number 206 (Wednesday, October 25, 2006)]
[Notices]
[Pages 62469-62472]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-17896]
=======================================================================
-----------------------------------------------------------------------
GENERAL SERVICES ADMINISTRATION
Privacy Act of 1974; Privacy Act System of Records
AGENCY: General Services Administration
ACTION: Notice of proposed system of records.
-----------------------------------------------------------------------
SUMMARY: The General Services Administration (GSA) proposes to
establish a system of records subject to the Privacy Act of 1974, 5
U.S.C. 552a. This system of records notice is for the GSA Smart Card
Program (GSA/CIO-1), which covers the Homeland Security Presidential
Directive 12, Policy for a Common Identification Standard for Federal
Employees and Contractors (HSPD-12), process after adjudication and
determines if the individual can receive identification (ID) card. The
records include both mandatory and optional information necessary to
the request for an ID card, registration, verification, and issuance
procedures, the index/database of active and invalid ID cards, and the
information stored on the ID cards. The system may include records of
individuals who entered and
[[Page 62470]]
exited Federal facilities or accessed systems.
The GSA Smart Card Program will ensure the safety and security of
Federal facilities, information systems, and their occupants and users,
by verifying that all persons entering Federal facilities, using
Federal information resources, or accessing classified information are
authorized to do so. The system also will track and control
identification ID cards issued to individuals for these purposes.
DATE: The system of records will become effective on December 4, 2006
unless comments received on or before that date result in a contrary
determination.
ADDRESSES: Comments relating to the GSA Smart Card Program should be
directed to: Director, GSA HSPD-12 Smart Card Program Management
Office, Office of the Chief Information Officer, General Services
Administration, 1800 F Street NW., Room G-006, Washington DC 20405-
0002; telephone (202) 501-1500; fax (202) 219-5818.
FOR FURTHER INFORMATION CONTACT: GSA Privacy Act Officer (CIB), General
Services Administration, 1800 F Street NW, Washington, DC 20405;
telephone (202) 501-1452.
SUPPLEMENTARY INFORMATION: The GSA notice entitled Credentials, Passes,
and Licenses (GSA/HRO-8) is cancelled. However, existing GSA forms and
associated databases covered by that system will continue in effect
until replaced with those covered by this notice. The existing forms
include: GSA Form 48, Request and Record of Identification; GSA Form
277, Employee Identification and Authorization Credential; GSA Form
277U, Temporary Pass; GSA Form 277V, Visitor Pass; GSA Form 2941
Parking Application; as well as biometric information including photo,
fingerprints and signature. The new forms and databases covered by this
notice will be phased in to ensure a controlled and structured process.
Dated: October 6, 2006.
Cheryl M. Paige,
Acting Director, Office of Information Management.
GSA/CIO-1
System name: GSA Smart Card Program
System location: Data are maintained in GSA Central Office
databases with access from GSA regional offices. Additionally, some
access control data may be located in Federal buildings and Federally-
leased facilities where staffed guard stations have been established to
handle the GSA Smart Card Personal Identity Verification (PIV) process
as well as the physical security and computer security offices at those
locations. Contact the System Manager for additional information.
Security classification: Most identity records are not classified.
However, in some cases, records of certain individuals or portions of
some records may be classified in the interest of national security.
Categories of individuals covered by the system: Individuals who
require regular, ongoing access to agency facilities, information
technology systems, or information classified in the interest of
national security, including:
a. Applicants for employment or contracts
b. Federal employees
c. Contractors
d. Students
e. Interns
f. Volunteers
g. Individuals formerly in any of these positions
Also included are individuals authorized to perform or use services
provided in agency facilities (e.g., Credit Union, Fitness Center,
Cafeteria, etc.).
The system does not apply to occasional visitors or short-term
guests, to whom GSA will issue temporary identification and
credentials.
Categories of records in the system:
a. Records maintained on individuals issued credentials by GSA
include the following data fields:
Full name,
Social Security Number (SSN)
Date of birth
Signature
Image (photograph)
Fingerprints
Hair color
Eye color
Height
Organization / office of assignment
Company / agency name
Telephone number
ID card issuance and expiration dates
ID card request form
Registrar approval signature
ID card number
Emergency responder designation
Copies of documents used to verify identification or
information derived from those documents such as document title,
document issuing authority, document number, document expiration date,
other document information
b. Records maintained on cardholders entering GSA facilities or
using GSA systems may include:
Name
ID card number
Date and Time of entry/exit
Location of entry and exit
Computer access dates, times, and locations
Authorities for maintenance of the system:
a. 5 U.S.C. 301;
b. Federal Information Security Management Act (Pub. L. 107-296);
c. E-Government Act (Pub. L. 107-347, Sec. 203);
d. Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et al.)
e. Government Paperwork Elimination Act (Pub. L. 105-277, 44 U.S.C.
3504);
f. Homeland Security Presidential Directive 12 (HSPD-12), Policy
for a Common Identification Standard for Federal Employees and
Contractors, August 27, 2004; and
g. Federal Property and Administrative Services Act of 1949, as
amended.
Purpose: The primary purposes of the system are:
a. To ensure the safety and security of GSA facilities, systems or
information, and our occupants and users;
b. To verify that all persons entering federal facilities, using
federal information resources, or accessing classified information are
authorized to do so; and
c. To track and control ID cards issued to persons entering and
exiting the facilities, using systems, or accessing classified
information.
Routine uses of the system records, including categories of users and
their purpose for using the system:
Information about covered individuals may be disclosed without
consent as permitted by the Privacy Act of 1974, 5 U.S.C. Sec.
552a(b), and:
a. To the Department of Justice when: (1) GSA or any component
thereof; (2) any employee of GSA in his or her official capacity; (3)
any employee of GSA in his or her individual capacity where GSA or the
Department of Justice (DOJ) has agreed to represent the employee; or
(4) the United States Government, is a party to litigation or has an
interest in such litigation, and by careful review, GSA determines that
the records are both relevant and necessary to the litigation, and the
use of such records by DOJ is therefore deemed by GSA to be for a
purpose compatible with the purpose for which GSA collected the
records.
b. To a court or adjudicative body in a proceeding when: (1) GSA or
any component thereof; (2) any employee of GSA in his or her official
capacity; (3) any employee of GSA in his or her
[[Page 62471]]
individual capacity where GSA or the Department of Justice has agreed
to represent the employee; or (4) the United States Government, is a
party to litigation or has an interest in such litigation, and by
careful review, GSA determines that the records are both relevant and
necessary to the litigation, and the use of such records is therefore
deemed by GSA to be for a purpose that is compatible with the purpose
for which the agency collected the records.
c. Except as noted on Forms SF 85, 85-P, and 86, when a record on
its face, or in conjunction with other 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,
disclosure may be made to the appropriate public authority, whether
Federal, foreign, State, local, or tribal, or otherwise responsible for
enforcing, investigating or prosecuting such violation or charged with
enforcing or implementing the statute, or rule, regulation, or order
issued pursuant thereto, if the information disclosed is relevant to
any enforcement, regulatory, investigative or prosecutorial
responsibility of the receiving entity.
d. To a Member of Congress or to a Congressional staff member in
response to an inquiry of the Congressional office made at the written
request of the constituent whose record is maintained.
e. To the National Archives and Records Administration for records
management purposes.
f. To agency contractors, grantees, or volunteers who have been
engaged to assist the agency in the performance of a contract service,
grant, cooperative agreement, or other activity related to this system
of records and who need to have access to the records in order to
perform their activity. Recipients shall be required to comply with the
requirements of the Privacy Act of 1974, as amended, 5 U.S.C. Sec.
552a.
g. To a Federal, State, local, foreign, tribal, or other public
authority the fact that this system of records contains information
relevant to the retention of an employee, the retention of a security
clearance, the letting of a contract, or the issuance or retention of a
license, grant, or other benefit. The other agency or licensing
organization may then make a request supported by the written consent
of the individual for the entire record if it so chooses. No disclosure
will be made unless the information has been determined to be
sufficiently reliable to support a referral to another office within
the agency or to another Federal agency for criminal, civil,
administrative, personnel, or regulatory action.
h. To the Office of Management and Budget when necessary to the
review of private relief legislation pursuant to OMB Circular No. A-19.
i. To a Federal, State, or local agency, or other appropriate
entities or individuals, or through established liaison channels to
selected foreign governments, in order to enable an intelligence agency
to carry out its responsibilities under the National Security Act of
1947 as amended, the CIA Act of 1949 as amended, Executive Order 12333
or any successor order, applicable national security directives, or
classified implementing procedures approved by the Attorney General and
promulgated pursuant to such statutes, orders, or directives.
j. To notify another federal agency when, or verify whether, an ID
card is no longer valid.
Note: Disclosures within GSA of data pertaining to date and time of
entry and exit of an agency employee working in the District of
Columbia may not be made to supervisors, managers or any other persons
(other than the individual to whom the information applies) to verify
employee time and attendance record for personnel actions because 5
U.S.C. Sec. 6106 prohibits Federal executive agencies (other than the
Bureau of Engraving and Printing) from using a recording clock within
the District of Columbia, unless used as a part of a flexible schedule
program under 5 U.S.C. Sec. 6120 et seq.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of system records:
Storage: Information may be collected on paper or electronically
and may be stored on paper or on electronic media, as appropriate.
Retrievability: Records are retrievable by name, Social Security
Number, other ID number, ID card number, image (photograph), and
fingerprint.
Safeguards: Paper records are kept in locked cabinets in secure
facilities and access to them is restricted to individuals whose role
requires use of the records.
The computer servers in which records are stored are located in
facilities that are secured by alarm systems and off-master key access.
The computer servers themselves are password-protected. Access to
individuals working at guard stations is password-protected; each
person granted access by the system at guard stations must be
individually authorized to use the system. A Privacy Act Warning Notice
appears on the monitor screen when records containing information on
individuals are first displayed. Data exchanged between the servers and
the client PCs at the guard stations and badging office are encrypted.
Backup tapes are stored in a locked and controlled room in a secure,
off-site location. Each of the component computer servers at the GSA
Regions, or at the contract Card Production and Card Management Systems
has been only authorized to act when it has been Certified and
Accredited in accord with GSA Information Technology Security Policy
and HSPD-12 criteria. This Certification is updated periodically on a 3
year basis, or less if cause to do so has become apparent.
An audit trail is maintained and reviewed periodically to identify
unauthorized access. Persons given roles in the personal identity
verification process must complete training specific to their roles to
ensure they are knowledgeable about how to protect individually
identifiable information.
Retention and disposal: Records relating to persons covered by this
system are retained in accordance with General Records Schedule 18,
Item 17. Unless retained for specific, ongoing security investigations
for maximum security facilities, records of access are maintained for
five years and then destroyed by degaussing hard drives and shredding
paper. For other facilities, records are maintained for two years and
then destroyed by wiping hard drives and shredding paper. All other
records relating to employees are destroyed two years after the ID card
expiration date.
In accordance with HSPD-12, ID cards are deactivated within 18
hours of cardholder separation, loss of card, or expiration. The
information on ID cards is maintained in accordance with General
Records Schedule 11, Item 4. ID cards are destroyed by shredding 90
days after deactivation. Once notification of deactivation has been
received, the ID number is placed on a revocation list within no more
than 2 hours, which immediately invalidates the access privileges for
that card in accord with GSA policy.
System manager and address:
Director, GSA HSPD-12 Smart Card Program Management Office
Office of the Chief Information Officer
1800 F Street NW, Room G-006
Washington DC 20405-0002
Notification procedure: An individual can determine if this system
contains a record pertaining to him/her by sending a request in
writing, signed, to the System Manager at the above address.
[[Page 62472]]
When requesting notification of or access to records covered by
this notice, an individual should provide his/her full name, date of
birth, agency name, and work location. An individual requesting
notification of records in person must provide identity documents
sufficient to satisfy the custodian of the records that the requester
is entitled to access, such as a government-issued photo ID.
Record access procedures: Same as notification procedures.
Requesters also should reasonably specify the record contents being
sought. Rules regarding access to Privacy Act records appear in 41 CFR
part 105-64. If additional information or assistance is required,
contact the GSA Privacy Act Officer (CIB), General Services
Administration, 1800 F Street NW, Washington, DC 20405; telephone (202)
501-1452.
Contesting record procedures: Same as notification procedures.
Requesters also should reasonably identify the record, specify the
information they are contesting, state the corrective action sought and
the reasons for the correction, along with supporting justification
showing why the record is not accurate, timely, relevant, or complete.
Rules regarding amendment of Privacy Act records appear in 41 CFR part
105-64. If additional information or assistance is required, contact
the GSA Privacy Act Officer.
Record source categories: Employee, contractor, or applicant;
sponsoring agency; former sponsoring agency; other Federal agencies;
contract employer; former employer.
Exemptions claimed for the system: None.
[FR Doc. E6-17896 Filed 10-24-06; 8:45 am]
BILLING CODE 6820-34-S