United States Marshals Service; Privacy Act of 1974; System of Records, 29668-29670 [E6-7785]

Agencies

• Department of Justice

[Federal Register Volume 71, Number 99 (Tuesday, May 23, 2006)]
[Notices]
[Pages 29668-29670]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-7785]


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DEPARTMENT OF JUSTICE

[AAG/A Order No. 008-2006]


United States Marshals Service; Privacy Act of 1974; System of 
Records

AGENCY: United States Marshals Service.

ACTION: Notice of new system of records.

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SUMMARY: Pursuant to the provisions of the Privacy Act of 1974, 5 
U.S.C. 552a, notice is given that the Department of Justice United 
States Marshals Service (USMS) proposes to establish a new system of 
records entitled, Merit Promotion Open Season Records System (MPOS) 
Justice/USM-019. This new system of records contains unclassified 
records collected pursuant to the USMS merit promotion plan program. 
The system consists of any information necessary to rate qualifications 
and make selections for criminal investigator positions at the GS-13 
grade level or above, including employees' work experience; service 
computation dates; performance appraisals; and current job titles, 
series, and grades. The purpose of the merit promotion open season 
record system is to allow USMS 1811 criminal investigators to apply for 
positions during the year without waiting for vacancies to occur or new 
positions to be established and to, thereafter, receive consideration 
as positions become available.

DATES: In accordance with 5 U.S.C. 552a(e)(4) and (11), the public is 
given a 30-day period in which to comment. The Office of Management and 
Budget (OMB), which has oversight responsibility under the Privacy Act, 
requires a 40-day period to conclude its review of the system. 
Therefore, please submit any comments by July 3, 2006.

ADDRESSES: The public, OMB, and Congress are invited to submit any 
comments to Mary E. Cahill, Management Analyst, Management and Planning 
Staff, Justice Management

[[Page 29669]]

Division, United States Department of Justice, Washington, DC 20530-
0001 (Room 1400, National Place Building).

FOR FURTHER INFORMATION CONTACT: Mary Cahill, (202) 307-1823.

SUPPLEMENTARY INFORMATION: In accordance with 5 U.S.C. 552a(r), the 
Department has provided a report of this new system of records to OMB 
and Congress.

    Dated: May 16, 2006.
Paul R. Corts,
Assistant Attorney General for Administration.
JUSTICE/USM-019

System name:
    Merit Promotion Open Season Records System (MPOS), Justice/USM-019.

Security classification:
    Limited Official Use.

System location:
    United States Marshals Service (USMS) Headquarters, Washington, DC 
20530-1000.

Categories of individuals covered by the system:
    Individuals covered by the system include all permanent USMS 
criminal investigative employees, (GS-1811), interested in applying for 
promotions for positions at the GS-13 level and above.

Categories of records in the system:
    Records contain identifying data such as employee names, social 
security numbers, home and work addresses, along with home and work 
phone numbers. Records also consist of any information necessary to 
rate qualifications and make selections including employees' work 
experience; service computation dates; performance appraisals; and 
current job titles, series, and grades. All information is voluntarily 
submitted by the employees and their supervisors.

Authority for maintenance of the system:
    5 CFR 335.103 and Department of Justice Order 1335b.

Purpose(s):
    The MPOS supports the USMS merit promotion plan program by 
identifying and tracking interested and eligible employees in the event 
a vacancy announcement opens during the designated merit promotion 
period. The purpose of the merit promotion open season record system is 
to allow USMS 1811 criminal investigators to apply for positions during 
the year without waiting for vacancies to occur or new positions to be 
established and to, thereafter, receive consideration as positions 
become available. This system also assists the selecting officials in 
making valid selections.

Routine uses of records maintained in the system, including categories 
of users and the purposes of such uses.
    Records in this system may be disclosed:
    A. To the Office of Personnel Management (OPM) to enable that 
agency to conduct such review of USMS selections and the operation of 
the MPOS program as are consistent with OPM's statutory and regulatory 
authority.
    B. In an appropriate proceeding before a court, or administrative 
or adjudicative body, when the Department of Justice (DOJ) determines 
that the records are arguably relevant to the proceeding; or in an 
appropriate proceeding before an administrative or adjudicative body 
when the adjudicator determines the records to be relevant to the 
proceeding.
    C. To an actual or potential party to litigation or the party's 
authorized representative for the purpose of negotiation or discussion 
of such matters as settlement, plea bargaining, or in informal 
discovery proceedings.
    D. To the Merit Systems Protection Board or the Office of the 
Special Counsel in connection with appeals, special studies of the 
civil service and other merit systems, review of office rules and 
regulations, investigations of alleged or possible prohibited personnel 
practices, and such other functions, e.g., as prescribed in 5 U.S.C. 
Chapter 12, or as may be authorized by law.
    E. To the Equal Employment Opportunity Commission, when requested, 
in connection with investigations into alleged or possible 
discrimination practices in the Federal sector, examination of Federal 
affirmative employment programs, compliance by Federal agencies with 
the Uniform Guidelines or Employee Selection Procedures, or other 
functions vested in the Commission.
    F. 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.
    G. To the National Archives and Records Administration for purposes 
of records management inspections conducted under the authority of 44 
U.S.C. 2904 and 2906.
    H. To the Federal Labor Relations Authority or its General Counsel 
when requested in connection with investigations of allegations of 
unfair labor practices or matters before the Federal Service Impasses 
Panel.
    I. To contractors, grantees, experts, consultants, students, and 
others performing or working on a contract, service, grant, cooperative 
agreement, or other assignment for the Federal Government, when 
necessary to accomplish an agency function related to this system of 
records.
    J. To disclose information to an arbitrator to resolve disputes 
under a negotiated grievance procedure or to officials of labor 
organizations recognized under 5 U.S.C. Chapter 71 when relevant and 
necessary to their duties of exclusive representation.
    K. To the Union when required by contract as part of the processing 
of a grievance and/or to an arbitrator in the arbitration of a 
grievance.
    L. The Department of Justice may disclose relevant and necessary 
information to a former employee of the Department for purposes of: 
responding to an official inquiry by a federal, state, or local 
government entity or professional licensing authority, in accordance 
with applicable Department regulations; or facilitating communications 
with a former employee that may be necessary for personnel-related or 
other official purposes where the Department requires information and/
or consultation assistance from the former employee regarding a matter 
within that person's former area of responsibility.
    M. To appropriate officials and employees of a Federal agency or 
entity which requires information relevant to a decision concerning the 
hiring, appointment, or retention of an employee; the issuance, 
renewal, suspension, or revocation of a security clearance; the 
execution of a security or suitability investigation; the letting of a 
contract, or the issuance of a grant or benefit.
    N. To any criminal, civil, or regulatory law enforcement authority 
(whether federal, state, local, territorial, tribal, or foreign) where 
the information is relevant to the recipient entity's law enforcement 
responsibilities.
    O. To disclose information to any source from which additional 
information is requested (to the extent necessary to identify the 
individual, inform the source of the purposes of the request, and to 
identify the type of information requested), when necessary to obtain 
information relevant to an agency decision concerning promoting or 
retaining an employee, issuing a security clearance, or conducting a 
security or suitability investigation of an individual.

[[Page 29670]]

Disclosure to consumer reporting agencies:
    None.

Policies and practices for storing, retrieving, accessing, retaining, 
and disposing of records in the system:
Storage:
    Information is in paper and/or electronic format. The information 
is stored on computer tapes, magnetic disks, and in file cabinets.

Retrievability:
    Records may be retrieved by name, Social Security Number (SSN), or 
unique MPOS number.

Safeguards:
    The USMS headquarters offices are located in buildings under 
security guard, and access to premises is by official identification. 
Offices are locked during non-duty hours. Access to this system is 
obtained through remote terminals that require the use of restricted 
passwords and a user ID. Paper records will be maintained in locked 
file cabinets. The MPOS server will be maintained in a secure computer 
facility.

Retention and disposal:
    Records are retained for one year following the merit promotion 
open season announcement for which they are submitted. Records are 
destroyed by shredding or burning.

System manager(s) and address:
    Assistant Director, Human Resources Division, United States 
Marshals Service Headquarters, Washington, DC 20530-1000.

Notification procedure:
    Inquiries should be addressed to the system manager.

Record access procedure:
    A request for access to a record from this system shall be made in 
writing with the envelope and the letter clearly marked ``Privacy Act 
Request.'' It should clearly indicate the name of requester, the nature 
of the record sought and the approximate dates covered by the record. 
The requester shall also provide the required verification of identity 
as outlined in 28 CFR 16.41(d) and provide a return address for 
transmitting the information. Access requests will be directed to the 
System Manager listed above, Attention: FOI/PA Officer.

Contesting records procedure:
    Individuals desiring to contest or amend information maintained in 
the system should direct their request to the System Manager listed 
above, stating clearly and concisely what information is being 
contested, the reasons for contesting it, and the proposed amendment to 
the information sought.

Record source categories:
    Information contained in this system of records is obtained from 
the individuals covered by the system, or derived from information the 
individuals or their supervisors supplied.

Exemptions claimed for the system:
    None.

 [FR Doc. E6-7785 Filed 5-22-06; 8:45 am]
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