Privacy Act of 1974: Update Existing System of Records, 73694-73699 [2012-29777]
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73694
Federal Register / Vol. 77, No. 238 / Tuesday, December 11, 2012 / Notices
For the Nuclear Regulatory Commission.
Michele G. Evans,
Director, Division of Operating Reactor
Licensing, Office of Nuclear Reactor
Regulation.
[FR Doc. 2012–29612 Filed 12–10–12; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
Sunshine Federal Register Notice
AGENCY HOLDING THE MEETINGS: Nuclear
Regulatory Commission [NRC–2012–
0002].
DATES: Weeks of December 10, 17, 24,
31, 2012, January 7, 14, 2013.
PLACE: Commissioners’ Conference
Room, 11555 Rockville Pike, Rockville,
Maryland.
STATUS: Public and Closed.
Week of December 10, 2012
There are no meetings scheduled for
the week of December 10, 2012.
Week of December 17, 2012—Tentative
There are no meetings scheduled for
the week of December 17, 2012.
Week of December 24, 2012—Tentative
There are no meetings scheduled for
the week of December 24, 2012.
participate in these public meetings, or
need this meeting notice or the
transcript or other information from the
public meetings in another format (e.g.
braille, large print), please notify Bill
Dosch, Chief, Work Life and Benefits
Branch, at 301–415–6200, TDD: 301–
415–2100, or by email at
william.dosch@nrc.gov. Determinations
on requests for reasonable
accommodation will be made on a caseby-case basis.
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This notice is distributed
electronically to subscribers. If you no
longer wish to receive it, or would like
to be added to the distribution, please
contact the Office of the Secretary,
Washington, DC 20555 (301–415–1969),
or send an email to
darlene.wright@nrc.gov.
Dated: December 6, 2012.
Rochelle C. Bavol,
Policy Coordinator, Office of the Secretary.
[FR Doc. 2012–29954 Filed 12–7–12; 4:15 pm]
BILLING CODE 7590–01–P
Privacy Act of 1974: Update Existing
System of Records
Week of January 7, 2013—Tentative
SUMMARY:
9:00 a.m. Briefing on Fort Calhoun
(Public Meeting). (Contact: Michael
Hay, 817–200–1527).
This meeting will be webcast live at
the Web address—www.nrc.gov.
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Week of January 14, 2013—Tentative
There are no meetings scheduled for
the week of January 14, 2013.
*
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* The schedule for Commission
meetings is subject to change on short
notice. To verify the status of meetings,
call (recording)—301–415–1292.
Contact person for more information:
Rochelle Bavol, 301–415–1651.
*
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The NRC Commission Meeting
Schedule can be found on the Internet
at: https://www.nrc.gov/public-involve/
public-meetings/schedule.html.
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The NRC provides reasonable
accommodation to individuals with
disabilities where appropriate. If you
need a reasonable accommodation to
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AGENCY:
The U.S. Office of Personnel
Management (OPM) proposes to update
OPM/GOVT–1, General Personnel
Records, System of Records. This action
is necessary to meet the requirements of
the Privacy Act to publish in the
Federal Register notice of the existence
and character of records maintained by
the agency (5 U.S.C. 552a(e)(4)) and
(11).
This action will be effective
without further notice on January 10,
2013 unless comments are received that
would result in a contrary
determination.
DATES:
Send written comments to
the U.S. Office of Personnel
Management, Manager, OCIO/RM, 1900
E Street NW., Washington, DC 20415.
FOR FURTHER INFORMATION CONTACT: U.S.
Office of Personnel Management,
Manager, OCIO/RM, 1900 E Street NW.,
Washington, DC 20415.
SUPPLEMENTARY INFORMATION: The OPM
system of record notice subject to the
Privacy Act of 1974 (5 U.S.C. 552a), as
amended, has been published in the
Federal Register. The proposed changes
ADDRESSES:
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OPM/GOVT–1
SYSTEM NAME:
SYSTEM LOCATION:
OFFICE OF PERSONNEL
MANAGEMENT
There are no meetings scheduled for
the week of December 31, 2012.
Tuesday, January 8, 2013
U.S. Office of Personnel Management.
John Berry,
Director.
General Personnel Records.
U.S. Office of Personnel
Management.
ACTION: Update OPM/GOVT–1, General
Personnel Records.
Week of December 31, 2012—Tentative
include the following: (1) Adding a
reference to OPM’s ‘‘Guide to Data
Standards’’ to the ‘‘Categories of
Records in the System,’’ (2) adding
Enterprise Human Resource Integration
(EHRI) to Categories of Records in the
System (g), (3) shortening existing Note
‘‘8,’’, (4) adding routine use ‘‘qq’’ To
disclose foreign language proficiencies
to Federal agencies in support of the
National Preparedness Goal and the
Presidential Policy Directive 8 (PPD–8),
and (5) adding routine use ‘‘rr’’ To
disclose information to the Centers for
Medicare and Medicaid (CMS) to assist
in determining whether individuals are
eligible for programs under the Patient
Protection and Affordable Care Act
(PPACA).
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Records on current Federal employees
are located within the employing
agency.
Records maintained in paper may also
be located at OPM or with personnel
officers, or at other designated offices of
local installations of the department or
agency that employs the individual.
When agencies determine that
duplicates of these records need to be
located in a second office, e.g., an
administrative office closer to where the
employee actually works, such copies
are covered by this system. Some
agencies have employed the Enterprise
Human Resource Integration (EHRI) data
system to store their records
electronically. Although stored in EHRI,
agencies are still responsible for the
maintenance of their records.
Former Federal employees’ paper
Official Personnel Folders (OPFs) are
located at the National Personnel
Records Center, National Archives and
Records Administration (NARA), 111
Winnebago Street, St. Louis, Missouri
63118. Former Federal employees’
electronic Official Personnel Folders
(eOPF) are located in the EHRI data
system that is administered by NARA.
Note 1—The records in this system
are records of the OPM and must be
provided to those OPM employees who
have an official need or use for those
records. Therefore, if an employing
agency is asked by an OPM employee to
access the records within this system,
such a request must be honored.
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CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
Current and former Federal
employees as defined in 5 U.S.C. 2105.
(Volunteers, grantees, and contract
employees on whom the agency
maintains records may also be covered
by this system).
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CATEGORIES OF RECORDS IN THE SYSTEM:
All categories of records may include
identifying information, such as
name(s), date of birth, home address,
mailing address, social security number,
and home telephone. This system
includes, but is not limited to, contents
of the OPF as specified in OPM’s
Operating Manual, ‘‘The Guide to
Personnel Recordkeeping’’ and OPM’s
‘‘Guide to Data Standards.’’ Records in
this system include:
a. Records reflecting work experience,
education level achieved, and
specialized education or training
obtained outside of Federal service.
b. Records reflecting Federal service
and documenting work experience and
specialized education received while
employed. Such records contain
information about past and present
positions held; grades; salaries; duty
station locations; and notices of all
personnel actions, such as
appointments, transfers, reassignments,
details, promotions, demotions,
reductions-in-force, resignations,
separations, suspensions, OPM approval
of disability retirement applications,
retirement, and removals.
c. Records on participation in the
Federal Employees’ Group Life
Insurance Program and Federal
Employees Health Benefits Program.
d. Records relating to an
Intergovernmental Personnel Act
assignment or Federal-private sector
exchange program.
Note 2—Some of these records may
also become part of the OPM/
CENTRAL–5, Intergovernmental
Personnel Act Assignment Record
system.
e. Records relating to participation in
an agency Federal Executive or Senior
Executive Service (SES) Candidate
Development Program.
Note 3—Some of these records may
also become part of the OPM/Central-10
Federal Executive Institute Program
Participant Records and OPM/
CENTRAL–13 Executive Personnel
Records systems.
f. Records relating to Governmentsponsored training or participation in an
agency’s Upward Mobility Program or
other personnel program designed to
broaden an employee’s work
experiences and for purposes of
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advancement (e.g., an administrative
intern program).
g. Records contained in the Enterprise
Human Resource Integration (EHRI) and
Central Personnel Data File (CPDF)
maintained by OPM and exact
substantive representations in agency
manual or automated personnel
information systems. These data
elements include many of the above
records along with disability, race/
ethnicity, national origin, pay, and
performance information from other
OPM and agency systems of records. A
definitive list of EHRI and CPDF data
elements is contained in OPM’s
Operating Manuals, The Guide to
Central Personnel Data File Reporting
Requirements and The Guide to
Personnel Data Standards.
h. Records on the SES maintained by
agencies for use in making decisions
affecting incumbents of these positions,
e.g., relating to sabbatical leave
programs, reassignments, and details,
that are perhaps unique to the SES and
that may be filed in the employee’s OPF.
These records may also serve as the
basis for reports submitted to OPM for
implementing OPM’s oversight
responsibilities concerning the SES.
i. Records on an employee’s activities
on behalf of the recognized labor
organization representing agency
employees, including accounting of
official time spent and documentation
in support of per diem and travel
expenses.
Note 4—Alternatively, such records
may be retained by an agency payroll
office and thus be subject to the
agency’s internal Privacy Act system for
payroll records. The OPM/GOVT–1
system does not cover general agency
payroll records.
j. To the extent that the records listed
here are also maintained in an agency
electronic personnel or microform
records system, those versions of these
records are considered to be covered by
this system notice. Any additional
copies of these records (excluding
performance ratings of record and
conduct-related documents maintained
by first line supervisors and managers
covered by the OPM/GOVT–2 system)
maintained by agencies at remote field/
administrative offices from where the
original records exist are considered
part of this system.
Note 5—It is not the intent of OPM to
limit this system of records only to
those records physically within the
OPF. Records may be filed in other
folders located in offices other than
where the OPF is located. Further, as
indicated in the records location
section, some of these records may be
duplicated for maintenance at a site
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closer to where the employee works
(e.g., in an administrative office or
supervisors work folder) and still be
covered by this system. In addition, a
working file that a supervisor or other
agency official is using that is derived
from OPM/GOVT–1 is covered by this
system notice. This system also includes
working files derived from this notice
that management is using in its
personnel management capacity.
k. Records relating to designations for
lump sum death benefits.
l. Records relating to classified
information nondisclosure agreements.
m. Records relating to the Thrift
Savings Plan (TSP) concerning the
starting, changing, or stopping of
contributions to the TSP as well as how
the individual wants the investments to
be made in the various TSP Funds.
Note 6—CPDF and EHRI data system’s
Central Employee Record (CER) are part
of OPM/GOVT–1 system of records.
CPDF and CER are highly reliable
sources of statistical data on the
workforce of the Federal government.
However, the accuracy and
completeness of each data element
within the individual records that
comprise the aggregate files are not
guaranteed, and should not be used as
the sole tool or as a substitute for the
OPF in making personnel
determinations or decisions concerning
individuals.
Note 7—The eOPF Application within
EHRI may contain documents and
information beyond the scope and
requirements of the OPF as documented
in OPM’s Guide to Personnel
Recordkeeping. Those documents and
information in the eOPF Application
that are beyond the scope of the
documented requirements are not
considered part of the OPF or OPM/
GOVT–1,
n. Records maintained in accordance
with E.O. 13490, section 4(e), January
21, 2009. These records include the
ethics pledges and all pledge waiver
certifications with respect thereto.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM
INCLUDES THE FOLLOWING WITH ANY REVISIONS
OR AMENDMENTS:
5 U.S.C. 1302, 2951, 3301, 3372, 4118,
8347, and Executive Orders 9397, as
amended by 13478, 9830, and 12107.
Purposes:
The OPF, which may exist in various
approved media, and other general
personnel records files, is the official
repository of the records, reports of
personnel actions, and the
documentation required in connection
with these actions affected during an
employee’s Federal service. The
personnel action reports and other
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documents, some of which are filed in
the OPF, give legal force and effect to
personnel transactions and establish
employee rights and benefits under
pertinent laws and regulations
governing Federal employment.
These files and records are
maintained by OPM and agencies in
accordance with OPM regulations and
instructions. They provide the basic
source of factual data about a person’s
Federal employment while in the
service and after his or her separation.
Records in this system have various
uses by agency personnel offices,
including screening qualifications of
employees; determining status,
eligibility, and employee’s rights and
benefits under pertinent laws and
regulations governing Federal
employment; computing length of
service; and other information needed to
provide personnel services. These
records may also be used to locate
individuals for personnel research.
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ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEMS, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:
These records and information in
these records may be used—
a. To disclose information to
Government training facilities (Federal,
State, and local) and to non-Government
training facilities (private vendors of
training courses or programs, private
schools, etc.) for training purposes.
b. To disclose information to
education institutions on appointment
of a recent graduate to a position in the
Federal service, and to provide college
and university officials with
information about their students
working in the Student Career
Experience Program, Volunteer Service,
or other similar programs necessary to a
student’s obtaining credit for the
experience gained.
c. To disclose information to officials
of foreign governments for clearance
before a Federal employee is assigned to
that country.
d. To disclose information to the
Department of Labor, Department of
Veterans Affairs, Social Security
Administration, Department of Defense,
or any other Federal agencies that have
special civilian employee retirement
programs; or to a national, State, county,
municipal, or other publicly recognized
charitable or income security
administration agency (e.g., State
unemployment compensation agencies),
when necessary to adjudicate a claim
under the retirement, insurance,
unemployment, or health benefits
programs of the OPM or an agency cited
above, or to an agency to conduct an
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analytical study or audit of benefits
being paid under such programs.
e. To disclose information necessary
to the Office of Federal Employees
Group Life Insurance to verify election,
declination, waiver of regular and/or
optional life insurance coverage, or
eligibility for payment of a claim for life
insurance, or to TSP to verify election
change and designation of beneficiary.
f. To disclose, to health insurance
carriers contracting with OPM to
provide a health benefits plan under the
Federal Employees Health Benefits
Program, information necessary to
identify enrollment in a plan, to verify
eligibility for payment of a claim for
health benefits, or to carry out the
coordination or audit of benefit
provisions of such contracts.
g. To disclose information to a
Federal, State, or local agency for
determination of an individual’s
entitlement to benefits in connection
with Federal Housing Administration
programs.
h. To consider and select employees
for incentive awards and other honors
and to publicize those granted. This
may include disclosure to other public
and private organizations, including
news media, which grant or publicize
employee recognition.
i. To consider employees for
recognition through quality-step
increases and to publicize those granted.
This may include disclosure to other
public and private organizations,
including news media, which grant or
publicize employee recognition.
j. 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.
Note 8—Home addresses will be
released from this system only when
there are no adequate, alternative
sources available for this information.
k. To disclose pertinent information
to the appropriate Federal, State, or
local agency responsible for
investigating, prosecuting, enforcing, or
implementing a statute, rule, regulation,
or order, when the disclosing agency
becomes aware of an indication of a
violation or potential violation of civil
or criminal law or regulation.
l. 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 purpose(s) of
the request, and to identify the type of
information requested), when necessary
to obtain information relevant to an
agency decision to hire or retain an
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employee, issue a security clearance,
conduct a security or suitability
investigation of an individual, classify
jobs, let a contract, or issue a license,
grant, or other benefits.
Note 9—When copies of records
become part of an investigative process,
those copies become subject to that
systems’ notice covering the
investigative process i.e., if during an
investigation, the OPM Federal
Investigative Services Division makes
copies of records contained in an
Official Personnel Folder; those
documents become part of OPM
Central—9 Personnel Investigation
Records system of records and are
subject to that systems’ routine uses.
m. To disclose to a Federal agency in
the executive, legislative, or judicial
branch of Government, in response to its
request, or at the initiation of the agency
maintaining the records, information in
connection with the hiring of an
employee, the issuance of a security
clearance or determination concerning
eligibility to hold a sensitive position,
the conducting of an investigation for
purposes of a credentialing, national
security, fitness, or suitability
adjudication concerning an individual,
the classifying or designation of jobs,
the letting of a contract, the issuance of
a license, grant, or other benefit by the
requesting agency, or the lawful
statutory, administrative, or
investigative purpose of the agency to
the extent that the information is
relevant and necessary to the requesting
agency’s decision.
n. To disclose information to the
Office of Management and Budget at any
stage in the legislative coordination and
clearance process in connection with
private relief legislation as set forth in
OMB Circular No. A–19.
o. To provide information to a
congressional office from the record of
an individual in response to an inquiry
from that congressional office made at
the request of the individual.
p. To disclose information to another
Federal agency, to a court, or a party in
litigation before a court or in an
administrative proceeding being
conducted by a Federal agency, when
the Government is a party to the judicial
or administrative proceeding.
q. To disclose information to the
Department of Justice, or in a
proceeding before a court, adjudicative
body, or other administrative body
before which the agency is authorized to
appear, when:
1. The agency, or any component
thereof; or
2. Any employee of the agency in his
or her official capacity; or
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3. Any employee of the agency in his
or her individual capacity where the
Department of Justice or the agency has
agreed to represent the employee; or
4. The United States, when the agency
determines that litigation is likely to
affect the agency or any of its
components, is a party to litigation or
has an interest in such litigation, and
the use of such records by the
Department of Justice or the agency is
deemed by the agency to be relevant and
necessary to the litigation provided,
however, that in each case it has been
determined that the disclosure is
compatible with the purpose for which
the records were collected.
r. By the National Archives and
Records Administration in records
management inspections and its role as
Archivist.
s. By the agency maintaining the
records or by the OPM to locate
individuals for personnel research or
survey response, and in the production
of summary descriptive statistics and
analytical studies in support of the
function for which the records are
collected and maintained, or for related
workforce studies. While published
statistics and studies do not contain
individual identifiers, in some
instances, the selection of elements of
data included in the study may be
structured in such a way as to make the
data individually identifiable by
inference.
t. To provide an official of another
Federal agency information needed in
the performance of official duties
related to reconciling or reconstructing
data files, in support of the functions for
which the records were collected and
maintained.
u. When an individual to whom a
record pertains is mentally incompetent
or under other legal disability, to
provide information in the individual’s
record to any person who is responsible
for the care of the individual, to the
extent necessary to assure payment of
benefits to which the individual is
entitled.
v. To disclose to the agency-appointed
representative of an employee all
notices, determinations, decisions, or
other written communications issued to
the employee in connection with an
examination ordered by the agency
under fitness-for-duty examination
procedures.
w. To disclose, in response to a
request for discovery or for appearance
of a witness, information that is relevant
to the subject matter involved in a
pending judicial or administrative
proceeding.
x. To disclose to a requesting agency,
organization, or individual the home
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address and other relevant information
on those individuals who it reasonably
believed might have contracted an
illness or might have been exposed to or
suffered from a health hazard while
employed in the Federal workforce.
y. To disclose specific civil service
employment information required under
law by the Department of Defense on
individuals identified as members of the
Ready Reserve to assure continuous
mobilization readiness of Ready Reserve
units and members, and to identify
demographic characteristics of civil
service retirees for national emergency
mobilization purposes.
z. To disclose information to the
Department of Defense, National
Oceanic and Atmospheric
Administration, U.S. Public Health
Service, Department of Veterans Affairs,
and the U.S. Coast Guard needed to
effect any adjustments in retired or
retained pay required by the dual
compensation provisions of section
5532 of title 5, United States Code.
aa. To disclose information 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 OPM rules and
regulations, investigation of alleged or
possible prohibited personnel practices,
and such other functions promulgated
in 5 U.S.C. chapter 12, or as may be
authorized by law.
bb. To disclose information to the
Equal Employment Opportunity
Commission when requested in
connection with investigations of
alleged or possible discrimination
practices in the Federal sector,
examination of Federal affirmative
employment programs, compliance by
Federal agencies with the Uniform
Guidelines on Employee Selection
Procedures, or other functions vested in
the Commission.
cc. To disclose information to the
Federal Labor Relations Authority
(including its General Counsel) when
requested in connection with
investigation and resolution of
allegations of unfair labor practices, in
connection with the resolution of
exceptions to arbitrator’s awards when a
question of material fact is raised, to
investigate representation petitions and
to conduct or supervise representation
elections, and in connection with
matters before the Federal Service
Impasses Panel.
dd. To disclose to prospective nonFederal employers, the following
information about a specifically
identified current or former Federal
employee:
(1) Tenure of employment;
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(2) Civil service status;
(3) Length of service in the agency
and the Government; and
(4) When separated, the date and
nature of action as shown on the
Notification of Personnel Action—
Standard Form 50 (or authorized
exception).
ee. To disclose information on
employees of Federal health care
facilities to private sector (i.e., other
than Federal, State, or local government)
agencies, boards, or commissions (e.g.,
the Joint Commission on Accreditation
of Hospitals). Such disclosures will be
made only when the disclosing agency
determines that it is in the
Government’s best interest (e.g., to
comply with law, rule, or regulation, to
assist in the recruiting of staff in the
community where the facility operates
to obtain accreditation or other approval
rating, or to avoid any adverse publicity
that may result from public criticism of
the facility’s failure to obtain such
approval). Disclosure is to be made only
to the extent that the information
disclosed is relevant and necessary for
that purpose.
ff. To disclose information to any
member of an agency’s Performance
Review Board, Executive Resources
Board, or other panel when the member
is not an official of the employing
agency; information would then be used
for approving or recommending
selection of candidates for executive
development or SES candidate
programs, issuing a performance rating
of record, issuing performance awards,
nominating for meritorious or
distinguished executive ranks, or
removal, reduction-in-grade, or other
personnel actions based on
performance.
gg. To disclose, either to the Federal
Acquisition Institute (FAI) or its agent,
information about Federal employees in
procurement occupations and other
occupations whose incumbents spend
the predominant amount of their work
hours on procurement tasks; provided
that the information shall be used only
for such purposes and under such
conditions as prescribed by the notice of
the Federal Acquisition Personnel
Information System as published in the
Federal Register of February 7, 1980 (45
FR 8399).
hh. To disclose relevant information
with personal identifiers of Federal
civilian employees whose records are
contained in the EHRI to authorized
Federal agencies and non-Federal
entities for use in computer matching.
The matches will be performed to help
eliminate waste, fraud, and abuse in
Governmental programs; to help
identify individuals who are potentially
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in violation of civil or criminal law or
regulation; and to collect debts and
overpayments owed to Federal, State, or
local governments and their
components. The information disclosed
may include, but is not limited to, the
name, social security number, date of
birth, sex, annualized salary rate,
service computation date of basic active
service, veteran’s preference, retirement
status, occupational series, health plan
code, position occupied, work schedule
(full time, part time, or intermittent),
agency identifier, geographic location
(duty station location), standard
metropolitan service area, special
program identifier, and submitting
office number of Federal employees.
ii. To disclose information to Federal,
State, local, and professional licensing
boards, Boards of Medical Examiners, or
to the Federation of State Medical
Boards or a similar non-government
entity which maintains records
concerning individuals’ employment
histories or concerning the issuance,
retention or revocation of licenses,
certifications or registration necessary to
practice an occupation, profession or
specialty, to obtain information relevant
to an Agency decision concerning the
hiring, retention, or termination of an
employee or to inform a Federal agency
or licensing boards or the appropriate
non-government entities about the
health care practices of a terminated,
resigned or retired health care employee
whose professional health care activity
so significantly failed to conform to
generally accepted standards of
professional medical practice as to raise
reasonable concern for the health and
safety of patients in the private sector or
from another Federal agency.
jj. To disclose information to
contractors, grantees, or volunteers
performing or working on a contract,
service, grant, cooperative agreement, or
job for the Federal Government.
kk. To disclose information to a
Federal, State, or local governmental
entity or agency (or its agent) when
necessary to locate individuals who are
owed money or property either by a
Federal, State, or local agency, or by a
financial or similar institution.
ll. To disclose to a spouse or
dependent child (or court-appointed
guardian thereof) of a Federal employee
enrolled in the Federal Employees
Health Benefits Program, upon request,
whether the employee has changed from
a self-and-family to a self-only health
benefits enrollment.
mm. To disclose information to the
Office of Child Support Enforcement,
Administration for Children and
Families, Department of Health and
Human Services, Federal Parent Locator
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19:01 Dec 10, 2012
Jkt 229001
System, or Federal Offset System for use
in locating individuals, verifying social
security numbers, or identifying their
incomes sources to establish paternity,
establish, or modify orders of support
and for enforcement action.
nn. To disclose records on former
Panama Canal Commission employees
to the Republic of Panama for use in
employment matters.
oo. To disclose to appropriate Federal
officials pertinent workforce
information for use in national or
homeland security emergency/disaster
response.
pp. To disclose on public and
internally-accessible Federal
Government Web sites, and to otherwise
disclose to any person, including other
departments and agencies, the signed
ethics pledges and pledge waiver
certifications issued under E.O. 13490 of
January 21, 2009, Ethics Commitments
by Executive Branch Personnel.
qq. To disclose foreign language
proficiencies to Federal agencies in
support of the National Preparedness
Goal and the Presidential Policy
Directive 8 (PPD–8).
rr. To disclose information to the
Centers for Medicare and Medicaid
(CMS) to assist in determining whether
individuals are eligible for programs
under the Patient Protection and
Affordable Care Act (PPACA).
guidance from the National Institute of
Standards and Technology.
RETENTION AND DISPOSAL:
POLICIES AND PRACTICES OF STORING,
RETRIEVING, SAFEGUARDING, AND RETAINING AND
DISPOSING OF RECORDS IN THE SYSTEM:
The OPF is maintained for the period
of the employee’s service in the agency
and is then, if in a paper format,
transferred to the National Personnel
Records Center for storage or, as
appropriate, to the next employing
Federal agency. If the OPF is maintained
in an electronic format, the transfer and
storage is in accordance with the OPM
approved electronic system. Other
records are either retained at the agency
for various lengths of time in
accordance with the National Archives
and Records Administration records
schedules or destroyed when they have
served their purpose or when the
employee leaves the agency. The
transfer occurs within 90 days of the
individuals’ separation. In the case of
administrative need, a retired employee,
or an employee who dies in service, the
OPF is sent within 120 days.
Destruction of the OPF is in accordance
with General Records Schedule-1 (GRS–
1) or GRS 20.
Records contained within the CPDF
and EHRI (and in agency’s automated
personnel records) may be retained
indefinitely as a basis for longitudinal
work history statistical studies. After the
disposition date in GRS–1 or GRS 20,
such records should not be used in
making decisions concerning
employees.
STORAGE:
SYSTEM MANAGER AND ADDRESS:
These records are maintained in file
folders, on lists and forms, microfilm or
microfiche, and in computer
processable storage media such as
personnel system databases, PDF forms
and data warehouse systems.
a. Manager, OCIO/RM, U.S. Office of
Personnel Management, 1900 E Street
NW., Washington, DC 20415.
b. For current Federal employees,
OPM has delegated to the employing
agency the Privacy Act responsibilities
concerning access, amendment, and
disclosure of the records within this
system notice.
RETRIEVABILITY:
These records are retrieved by various
combinations of name, agency, birth
date, social security number, or
identification number of the individual
on whom they are maintained.
SAFEGUARDS:
Paper or microfiche/microfilmed
records are located in locked metal file
cabinets or in secured rooms with
access limited to those personnel whose
official duties require access. Access to
computerized records is limited,
through use of user logins and
passwords, access codes, and entry logs,
to those whose official duties require
access. Computerized records systems
are consistent with the requirements of
the Federal Information Security
Management Act (Pub. L. 107–296), and
associated OMB policies, standards and
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NOTIFICATION PROCEDURE:
Individuals wishing to inquire
whether this system of records contains
information about them should contact
the appropriate OPM or employing
agency office, as follows:
a. Current Federal employees should
contact the Personnel Officer or other
responsible official (as designated by the
employing agency), of the local agency
installation at which employed
regarding records in this system.
b. Former Federal employees who
want access to their Official Personnel
Folders (OPF) should contact the
National Personnel Records Center
(Civilian), 111 Winnebago Street, St.
Louis, Missouri 63118, regarding the
records in this system. For other records
E:\FR\FM\11DEN1.SGM
11DEN1
Federal Register / Vol. 77, No. 238 / Tuesday, December 11, 2012 / Notices
covered by the system notice,
individuals should contact their former
employing agency. Individuals must
furnish the following information for
their records to be located and
identified:
a. Full name.
b. Date of birth.
c. Social security number.
d. Last employing agency (including
duty station) and approximate date(s) of
the employment (for former Federal
employees).
e. Signature.
accordance with Code of Federal
Regulations Part 293, and OPM’s
Operating Manual, ‘‘The Guide to
Personnel Recordkeeping.’’
[FR Doc. 2012–29777 Filed 12–10–12; 8:45 am]
BILLING CODE 6325–45–P
POSTAL REGULATORY COMMISSION
[Docket No. CP2013–24; Order No. 1566]
International Mail Contract
ACTION:
RECORD ACCESS PROCEDURE:
Postal Regulatory Commission.
Notice.
AGENCY:
Individuals wishing to request access
to their records should contact the
appropriate OPM or agency office, as
specified in the Notification Procedure
section. Individuals must furnish the
following information for their records
to be located and identified:
a. Full name(s).
b. Date of birth.
c. Social security number.
d. Last employing agency (including
duty station) and approximate date(s) of
employment (for former Federal
employees).
e. Signature.
Individuals requesting access must
also comply with the Office’s Privacy
Act regulations on verification of
identity and access to records (5 CFR
part 297).
SUMMARY:
CONTESTING RECORD PROCEDURE:
Current employees wishing to request
amendment of their records should
contact their current agency. Former
employees should contact the system
manager. Individuals must furnish the
following information for their records
to be located and identified.
a. Full name(s).
b. Date of birth.
c. Social security number.
d. Last employing agency (including
duty station) and approximate date(s) of
employment (for former Federal
employees).
e. Signature.
Individuals requesting amendment
must also comply with the Office’s
Privacy Act regulations on verification
of identity and amendment of records (5
CFR part 297).
FOR FURTHER INFORMATION CONTACT:
Stephen L. Sharfman, General Counsel,
at 202–789–6820.
SUPPLEMENTARY INFORMATION:
tkelley on DSK3SPTVN1PROD with
RECORD SOURCE CATEGORIES:
Information in this system of records
is provided by—
a. The individual on whom the record
is maintained.
b. Educational institutions.
c. Agency officials and other
individuals or entities.
d. Other sources of information
maintained in an employee’s OPF, in
VerDate Mar<15>2010
19:01 Dec 10, 2012
Jkt 229001
The Commission is noticing a
recent Postal Service filing concerning
an additional inbound competitive
Multi-Service Agreements with Foreign
Postal Operators 1 negotiated service
agreement with Royal PostNL BV. This
notice informs the public of the filing,
invites public comment, and takes other
administrative steps.
DATES: Comments are due: December
14, 2012.
ADDRESSES: Submit comments
electronically via the Commission’s
Filing Online system at https://
www.prc.gov. Those who cannot submit
comments electronically should contact
the person identified in the FOR FURTHER
INFORMATION CONTACT section by
telephone for advice on filing
alternatives.
Table of Contents
I. Introduction
II. Contents of Filing
III. Commission Action
IV. Ordering Paragraphs
I. Introduction
On December 4, 2012, the Postal
Service filed a notice, pursuant to 39
CFR 3015.5, stating that it has entered
into an additional negotiated service
agreement (Agreement) with the
Netherlands’ foreign postal operator
Royal PostNL BV (PostNL).1 The Postal
Service seeks to have the inbound
portion of the Agreement, which
concerns delivery of inbound Air CP 2
and EMS in the United States, included
within the Inbound Competitive MultiService Agreements with Foreign Postal
1 Notice of United States Postal Service of Filing
Functionally Equivalent Inbound Competitive
Multi-Service Agreement with a Foreign Postal
Operator, December 4, 2012 (Notice).
2 ‘‘CP’’ is an abbreviation used to identify or
reference international parcel post (from the French
phrase colis postaux, ‘‘postal package’’).
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73699
Operators 1 (MC2010–34) product on
the competitive product list. Notice at 1.
II. Contents of Filing
The Postal Service’s filing consists of
the Notice, a public Excel file
containing redacted financial
workpapers, and four attachments.
Attachment 1 is a redacted copy of the
Agreement. Id. at 3. Attachment 2 is the
certified statement required by 39 CFR
3015.5(c)(2). Id. Attachment 3 is a
redacted copy of the Governors’
Decision No. 10–3. Id. Attachment 4 is
an application for non-public treatment
of unredacted material. Id. The
Agreement’s intended effective date is
January 1, 2013. Id. at 4.
The rates for inbound Air CP and
EMS included in the Agreement are to
remain in effect for 2 years after the
Agreement’s effective date, unless
terminated sooner. Id. The Postal
Service further notes that a TNT
Agreement, in accordance with Article
22 of the TNT Agreement, automatically
renewed on October 1, 2012, but
pursuant to paragraph 3 of Article 22 of
the PostNL Agreement, the TNT
Agreement is to expire the day prior to
the effective date of the PostNL
Agreement, if an effective date for the
PostNL agreement is established. Id. at
3 n.5.
The Postal Service reviews the
regulatory history of the Inbound
Competitive Multi-Service Agreements
with Foreign Operators 1 product and
identifies the TNT Agreement (approved
in Docket No. CP2010–95) as the
baseline agreement for purposes of
determining the functional equivalence
of the instant Agreement.3 Id. at 2. It
asserts that the instant Agreement fits
within applicable Mail Classification
Schedule language and addresses
functional equivalency with the
baseline agreement, including similarity
of cost characteristics. Id. at 3–7. The
Postal Service also identifies differences
between the two contracts, such as the
addition of several articles, revisions to
existing articles, and new annexes, but
asserts that these differences do not
detract from a finding of functional
equivalency. Id. at 5–7.
III. Commission Action
Notice of establishment of docket. The
Commission establishes Docket No.
CP2013–24 for consideration of matters
3 The Postal Service identifies Governors’
Decision No. 10–3 as the enabling Governors’
Decision. Id. at 5. The status of the TNT Agreement
as the baseline agreement was confirmed in Docket
No. CP2011–69, Order No. 840, Order Concerning
an Additional Inbound Competitive Multi-Service
Agreements with Foreign Postal Operators 1
Negotiated Service Agreement, September 7, 2011.
See id. at 2.
E:\FR\FM\11DEN1.SGM
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Agencies
[Federal Register Volume 77, Number 238 (Tuesday, December 11, 2012)]
[Notices]
[Pages 73694-73699]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-29777]
=======================================================================
-----------------------------------------------------------------------
OFFICE OF PERSONNEL MANAGEMENT
Privacy Act of 1974: Update Existing System of Records
AGENCY: U.S. Office of Personnel Management.
ACTION: Update OPM/GOVT-1, General Personnel Records.
-----------------------------------------------------------------------
SUMMARY: The U.S. Office of Personnel Management (OPM) proposes to
update OPM/GOVT-1, General Personnel Records, System of Records. This
action is necessary to meet the requirements of the Privacy Act to
publish in the Federal Register notice of the existence and character
of records maintained by the agency (5 U.S.C. 552a(e)(4)) and (11).
DATES: This action will be effective without further notice on January
10, 2013 unless comments are received that would result in a contrary
determination.
ADDRESSES: Send written comments to the U.S. Office of Personnel
Management, Manager, OCIO/RM, 1900 E Street NW., Washington, DC 20415.
FOR FURTHER INFORMATION CONTACT: U.S. Office of Personnel Management,
Manager, OCIO/RM, 1900 E Street NW., Washington, DC 20415.
SUPPLEMENTARY INFORMATION: The OPM system of record notice subject to
the Privacy Act of 1974 (5 U.S.C. 552a), as amended, has been published
in the Federal Register. The proposed changes include the following:
(1) Adding a reference to OPM's ``Guide to Data Standards'' to the
``Categories of Records in the System,'' (2) adding Enterprise Human
Resource Integration (EHRI) to Categories of Records in the System (g),
(3) shortening existing Note ``8,'', (4) adding routine use ``qq'' To
disclose foreign language proficiencies to Federal agencies in support
of the National Preparedness Goal and the Presidential Policy Directive
8 (PPD-8), and (5) adding routine use ``rr'' To disclose information to
the Centers for Medicare and Medicaid (CMS) to assist in determining
whether individuals are eligible for programs under the Patient
Protection and Affordable Care Act (PPACA).
U.S. Office of Personnel Management.
John Berry,
Director.
OPM/GOVT-1
System Name:
General Personnel Records.
System Location:
Records on current Federal employees are located within the
employing agency.
Records maintained in paper may also be located at OPM or with
personnel officers, or at other designated offices of local
installations of the department or agency that employs the individual.
When agencies determine that duplicates of these records need to be
located in a second office, e.g., an administrative office closer to
where the employee actually works, such copies are covered by this
system. Some agencies have employed the Enterprise Human Resource
Integration (EHRI) data system to store their records electronically.
Although stored in EHRI, agencies are still responsible for the
maintenance of their records.
Former Federal employees' paper Official Personnel Folders (OPFs)
are located at the National Personnel Records Center, National Archives
and Records Administration (NARA), 111 Winnebago Street, St. Louis,
Missouri 63118. Former Federal employees' electronic Official Personnel
Folders (eOPF) are located in the EHRI data system that is administered
by NARA.
Note 1--The records in this system are records of the OPM and must
be provided to those OPM employees who have an official need or use for
those records. Therefore, if an employing agency is asked by an OPM
employee to access the records within this system, such a request must
be honored.
[[Page 73695]]
Categories of Individuals Covered by the System:
Current and former Federal employees as defined in 5 U.S.C. 2105.
(Volunteers, grantees, and contract employees on whom the agency
maintains records may also be covered by this system).
Categories of Records in the System:
All categories of records may include identifying information, such
as name(s), date of birth, home address, mailing address, social
security number, and home telephone. This system includes, but is not
limited to, contents of the OPF as specified in OPM's Operating Manual,
``The Guide to Personnel Recordkeeping'' and OPM's ``Guide to Data
Standards.'' Records in this system include:
a. Records reflecting work experience, education level achieved,
and specialized education or training obtained outside of Federal
service.
b. Records reflecting Federal service and documenting work
experience and specialized education received while employed. Such
records contain information about past and present positions held;
grades; salaries; duty station locations; and notices of all personnel
actions, such as appointments, transfers, reassignments, details,
promotions, demotions, reductions-in-force, resignations, separations,
suspensions, OPM approval of disability retirement applications,
retirement, and removals.
c. Records on participation in the Federal Employees' Group Life
Insurance Program and Federal Employees Health Benefits Program.
d. Records relating to an Intergovernmental Personnel Act
assignment or Federal-private sector exchange program.
Note 2--Some of these records may also become part of the OPM/
CENTRAL-5, Intergovernmental Personnel Act Assignment Record system.
e. Records relating to participation in an agency Federal Executive
or Senior Executive Service (SES) Candidate Development Program.
Note 3--Some of these records may also become part of the OPM/
Central-10 Federal Executive Institute Program Participant Records and
OPM/CENTRAL-13 Executive Personnel Records systems.
f. Records relating to Government-sponsored training or
participation in an agency's Upward Mobility Program or other personnel
program designed to broaden an employee's work experiences and for
purposes of advancement (e.g., an administrative intern program).
g. Records contained in the Enterprise Human Resource Integration
(EHRI) and Central Personnel Data File (CPDF) maintained by OPM and
exact substantive representations in agency manual or automated
personnel information systems. These data elements include many of the
above records along with disability, race/ethnicity, national origin,
pay, and performance information from other OPM and agency systems of
records. A definitive list of EHRI and CPDF data elements is contained
in OPM's Operating Manuals, The Guide to Central Personnel Data File
Reporting Requirements and The Guide to Personnel Data Standards.
h. Records on the SES maintained by agencies for use in making
decisions affecting incumbents of these positions, e.g., relating to
sabbatical leave programs, reassignments, and details, that are perhaps
unique to the SES and that may be filed in the employee's OPF. These
records may also serve as the basis for reports submitted to OPM for
implementing OPM's oversight responsibilities concerning the SES.
i. Records on an employee's activities on behalf of the recognized
labor organization representing agency employees, including accounting
of official time spent and documentation in support of per diem and
travel expenses.
Note 4--Alternatively, such records may be retained by an agency
payroll office and thus be subject to the agency's internal Privacy Act
system for payroll records. The OPM/GOVT-1 system does not cover
general agency payroll records.
j. To the extent that the records listed here are also maintained
in an agency electronic personnel or microform records system, those
versions of these records are considered to be covered by this system
notice. Any additional copies of these records (excluding performance
ratings of record and conduct-related documents maintained by first
line supervisors and managers covered by the OPM/GOVT-2 system)
maintained by agencies at remote field/administrative offices from
where the original records exist are considered part of this system.
Note 5--It is not the intent of OPM to limit this system of records
only to those records physically within the OPF. Records may be filed
in other folders located in offices other than where the OPF is
located. Further, as indicated in the records location section, some of
these records may be duplicated for maintenance at a site closer to
where the employee works (e.g., in an administrative office or
supervisors work folder) and still be covered by this system. In
addition, a working file that a supervisor or other agency official is
using that is derived from OPM/GOVT-1 is covered by this system notice.
This system also includes working files derived from this notice that
management is using in its personnel management capacity.
k. Records relating to designations for lump sum death benefits.
l. Records relating to classified information nondisclosure
agreements.
m. Records relating to the Thrift Savings Plan (TSP) concerning the
starting, changing, or stopping of contributions to the TSP as well as
how the individual wants the investments to be made in the various TSP
Funds.
Note 6--CPDF and EHRI data system's Central Employee Record (CER)
are part of OPM/GOVT-1 system of records. CPDF and CER are highly
reliable sources of statistical data on the workforce of the Federal
government. However, the accuracy and completeness of each data element
within the individual records that comprise the aggregate files are not
guaranteed, and should not be used as the sole tool or as a substitute
for the OPF in making personnel determinations or decisions concerning
individuals.
Note 7--The eOPF Application within EHRI may contain documents and
information beyond the scope and requirements of the OPF as documented
in OPM's Guide to Personnel Recordkeeping. Those documents and
information in the eOPF Application that are beyond the scope of the
documented requirements are not considered part of the OPF or OPM/GOVT-
1,
n. Records maintained in accordance with E.O. 13490, section 4(e),
January 21, 2009. These records include the ethics pledges and all
pledge waiver certifications with respect thereto.
Authority for Maintenance of the System includes the following with any
revisions or amendments:
5 U.S.C. 1302, 2951, 3301, 3372, 4118, 8347, and Executive Orders
9397, as amended by 13478, 9830, and 12107.
Purposes:
The OPF, which may exist in various approved media, and other
general personnel records files, is the official repository of the
records, reports of personnel actions, and the documentation required
in connection with these actions affected during an employee's Federal
service. The personnel action reports and other
[[Page 73696]]
documents, some of which are filed in the OPF, give legal force and
effect to personnel transactions and establish employee rights and
benefits under pertinent laws and regulations governing Federal
employment.
These files and records are maintained by OPM and agencies in
accordance with OPM regulations and instructions. They provide the
basic source of factual data about a person's Federal employment while
in the service and after his or her separation. Records in this system
have various uses by agency personnel offices, including screening
qualifications of employees; determining status, eligibility, and
employee's rights and benefits under pertinent laws and regulations
governing Federal employment; computing length of service; and other
information needed to provide personnel services. These records may
also be used to locate individuals for personnel research.
Routine Uses of Records Maintained in the Systems, Including Categories
of Users and the Purposes of Such Uses:
These records and information in these records may be used--
a. To disclose information to Government training facilities
(Federal, State, and local) and to non-Government training facilities
(private vendors of training courses or programs, private schools,
etc.) for training purposes.
b. To disclose information to education institutions on appointment
of a recent graduate to a position in the Federal service, and to
provide college and university officials with information about their
students working in the Student Career Experience Program, Volunteer
Service, or other similar programs necessary to a student's obtaining
credit for the experience gained.
c. To disclose information to officials of foreign governments for
clearance before a Federal employee is assigned to that country.
d. To disclose information to the Department of Labor, Department
of Veterans Affairs, Social Security Administration, Department of
Defense, or any other Federal agencies that have special civilian
employee retirement programs; or to a national, State, county,
municipal, or other publicly recognized charitable or income security
administration agency (e.g., State unemployment compensation agencies),
when necessary to adjudicate a claim under the retirement, insurance,
unemployment, or health benefits programs of the OPM or an agency cited
above, or to an agency to conduct an analytical study or audit of
benefits being paid under such programs.
e. To disclose information necessary to the Office of Federal
Employees Group Life Insurance to verify election, declination, waiver
of regular and/or optional life insurance coverage, or eligibility for
payment of a claim for life insurance, or to TSP to verify election
change and designation of beneficiary.
f. To disclose, to health insurance carriers contracting with OPM
to provide a health benefits plan under the Federal Employees Health
Benefits Program, information necessary to identify enrollment in a
plan, to verify eligibility for payment of a claim for health benefits,
or to carry out the coordination or audit of benefit provisions of such
contracts.
g. To disclose information to a Federal, State, or local agency for
determination of an individual's entitlement to benefits in connection
with Federal Housing Administration programs.
h. To consider and select employees for incentive awards and other
honors and to publicize those granted. This may include disclosure to
other public and private organizations, including news media, which
grant or publicize employee recognition.
i. To consider employees for recognition through quality-step
increases and to publicize those granted. This may include disclosure
to other public and private organizations, including news media, which
grant or publicize employee recognition.
j. 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.
Note 8--Home addresses will be released from this system only when
there are no adequate, alternative sources available for this
information.
k. To disclose pertinent information to the appropriate Federal,
State, or local agency responsible for investigating, prosecuting,
enforcing, or implementing a statute, rule, regulation, or order, when
the disclosing agency becomes aware of an indication of a violation or
potential violation of civil or criminal law or regulation.
l. 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 purpose(s) of the request, and to
identify the type of information requested), when necessary to obtain
information relevant to an agency decision to hire or retain an
employee, issue a security clearance, conduct a security or suitability
investigation of an individual, classify jobs, let a contract, or issue
a license, grant, or other benefits.
Note 9--When copies of records become part of an investigative
process, those copies become subject to that systems' notice covering
the investigative process i.e., if during an investigation, the OPM
Federal Investigative Services Division makes copies of records
contained in an Official Personnel Folder; those documents become part
of OPM Central--9 Personnel Investigation Records system of records and
are subject to that systems' routine uses.
m. To disclose to a Federal agency in the executive, legislative,
or judicial branch of Government, in response to its request, or at the
initiation of the agency maintaining the records, information in
connection with the hiring of an employee, the issuance of a security
clearance or determination concerning eligibility to hold a sensitive
position, the conducting of an investigation for purposes of a
credentialing, national security, fitness, or suitability adjudication
concerning an individual, the classifying or designation of jobs, the
letting of a contract, the issuance of a license, grant, or other
benefit by the requesting agency, or the lawful statutory,
administrative, or investigative purpose of the agency to the extent
that the information is relevant and necessary to the requesting
agency's decision.
n. To disclose information to the Office of Management and Budget
at any stage in the legislative coordination and clearance process in
connection with private relief legislation as set forth in OMB Circular
No. A-19.
o. To provide information to a congressional office from the record
of an individual in response to an inquiry from that congressional
office made at the request of the individual.
p. To disclose information to another Federal agency, to a court,
or a party in litigation before a court or in an administrative
proceeding being conducted by a Federal agency, when the Government is
a party to the judicial or administrative proceeding.
q. To disclose information to the Department of Justice, or in a
proceeding before a court, adjudicative body, or other administrative
body before which the agency is authorized to appear, when:
1. The agency, or any component thereof; or
2. Any employee of the agency in his or her official capacity; or
[[Page 73697]]
3. Any employee of the agency in his or her individual capacity
where the Department of Justice or the agency has agreed to represent
the employee; or
4. The United States, when the agency determines that litigation is
likely to affect the agency or any of its components, is a party to
litigation or has an interest in such litigation, and the use of such
records by the Department of Justice or the agency is deemed by the
agency to be relevant and necessary to the litigation provided,
however, that in each case it has been determined that the disclosure
is compatible with the purpose for which the records were collected.
r. By the National Archives and Records Administration in records
management inspections and its role as Archivist.
s. By the agency maintaining the records or by the OPM to locate
individuals for personnel research or survey response, and in the
production of summary descriptive statistics and analytical studies in
support of the function for which the records are collected and
maintained, or for related workforce studies. While published
statistics and studies do not contain individual identifiers, in some
instances, the selection of elements of data included in the study may
be structured in such a way as to make the data individually
identifiable by inference.
t. To provide an official of another Federal agency information
needed in the performance of official duties related to reconciling or
reconstructing data files, in support of the functions for which the
records were collected and maintained.
u. When an individual to whom a record pertains is mentally
incompetent or under other legal disability, to provide information in
the individual's record to any person who is responsible for the care
of the individual, to the extent necessary to assure payment of
benefits to which the individual is entitled.
v. To disclose to the agency-appointed representative of an
employee all notices, determinations, decisions, or other written
communications issued to the employee in connection with an examination
ordered by the agency under fitness-for-duty examination procedures.
w. To disclose, in response to a request for discovery or for
appearance of a witness, information that is relevant to the subject
matter involved in a pending judicial or administrative proceeding.
x. To disclose to a requesting agency, organization, or individual
the home address and other relevant information on those individuals
who it reasonably believed might have contracted an illness or might
have been exposed to or suffered from a health hazard while employed in
the Federal workforce.
y. To disclose specific civil service employment information
required under law by the Department of Defense on individuals
identified as members of the Ready Reserve to assure continuous
mobilization readiness of Ready Reserve units and members, and to
identify demographic characteristics of civil service retirees for
national emergency mobilization purposes.
z. To disclose information to the Department of Defense, National
Oceanic and Atmospheric Administration, U.S. Public Health Service,
Department of Veterans Affairs, and the U.S. Coast Guard needed to
effect any adjustments in retired or retained pay required by the dual
compensation provisions of section 5532 of title 5, United States Code.
aa. To disclose information 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
OPM rules and regulations, investigation of alleged or possible
prohibited personnel practices, and such other functions promulgated in
5 U.S.C. chapter 12, or as may be authorized by law.
bb. To disclose information to the Equal Employment Opportunity
Commission when requested in connection with investigations of alleged
or possible discrimination practices in the Federal sector, examination
of Federal affirmative employment programs, compliance by Federal
agencies with the Uniform Guidelines on Employee Selection Procedures,
or other functions vested in the Commission.
cc. To disclose information to the Federal Labor Relations
Authority (including its General Counsel) when requested in connection
with investigation and resolution of allegations of unfair labor
practices, in connection with the resolution of exceptions to
arbitrator's awards when a question of material fact is raised, to
investigate representation petitions and to conduct or supervise
representation elections, and in connection with matters before the
Federal Service Impasses Panel.
dd. To disclose to prospective non-Federal employers, the following
information about a specifically identified current or former Federal
employee:
(1) Tenure of employment;
(2) Civil service status;
(3) Length of service in the agency and the Government; and
(4) When separated, the date and nature of action as shown on the
Notification of Personnel Action--Standard Form 50 (or authorized
exception).
ee. To disclose information on employees of Federal health care
facilities to private sector (i.e., other than Federal, State, or local
government) agencies, boards, or commissions (e.g., the Joint
Commission on Accreditation of Hospitals). Such disclosures will be
made only when the disclosing agency determines that it is in the
Government's best interest (e.g., to comply with law, rule, or
regulation, to assist in the recruiting of staff in the community where
the facility operates to obtain accreditation or other approval rating,
or to avoid any adverse publicity that may result from public criticism
of the facility's failure to obtain such approval). Disclosure is to be
made only to the extent that the information disclosed is relevant and
necessary for that purpose.
ff. To disclose information to any member of an agency's
Performance Review Board, Executive Resources Board, or other panel
when the member is not an official of the employing agency; information
would then be used for approving or recommending selection of
candidates for executive development or SES candidate programs, issuing
a performance rating of record, issuing performance awards, nominating
for meritorious or distinguished executive ranks, or removal,
reduction-in-grade, or other personnel actions based on performance.
gg. To disclose, either to the Federal Acquisition Institute (FAI)
or its agent, information about Federal employees in procurement
occupations and other occupations whose incumbents spend the
predominant amount of their work hours on procurement tasks; provided
that the information shall be used only for such purposes and under
such conditions as prescribed by the notice of the Federal Acquisition
Personnel Information System as published in the Federal Register of
February 7, 1980 (45 FR 8399).
hh. To disclose relevant information with personal identifiers of
Federal civilian employees whose records are contained in the EHRI to
authorized Federal agencies and non-Federal entities for use in
computer matching. The matches will be performed to help eliminate
waste, fraud, and abuse in Governmental programs; to help identify
individuals who are potentially
[[Page 73698]]
in violation of civil or criminal law or regulation; and to collect
debts and overpayments owed to Federal, State, or local governments and
their components. The information disclosed may include, but is not
limited to, the name, social security number, date of birth, sex,
annualized salary rate, service computation date of basic active
service, veteran's preference, retirement status, occupational series,
health plan code, position occupied, work schedule (full time, part
time, or intermittent), agency identifier, geographic location (duty
station location), standard metropolitan service area, special program
identifier, and submitting office number of Federal employees.
ii. To disclose information to Federal, State, local, and
professional licensing boards, Boards of Medical Examiners, or to the
Federation of State Medical Boards or a similar non-government entity
which maintains records concerning individuals' employment histories or
concerning the issuance, retention or revocation of licenses,
certifications or registration necessary to practice an occupation,
profession or specialty, to obtain information relevant to an Agency
decision concerning the hiring, retention, or termination of an
employee or to inform a Federal agency or licensing boards or the
appropriate non-government entities about the health care practices of
a terminated, resigned or retired health care employee whose
professional health care activity so significantly failed to conform to
generally accepted standards of professional medical practice as to
raise reasonable concern for the health and safety of patients in the
private sector or from another Federal agency.
jj. To disclose information to contractors, grantees, or volunteers
performing or working on a contract, service, grant, cooperative
agreement, or job for the Federal Government.
kk. To disclose information to a Federal, State, or local
governmental entity or agency (or its agent) when necessary to locate
individuals who are owed money or property either by a Federal, State,
or local agency, or by a financial or similar institution.
ll. To disclose to a spouse or dependent child (or court-appointed
guardian thereof) of a Federal employee enrolled in the Federal
Employees Health Benefits Program, upon request, whether the employee
has changed from a self-and-family to a self-only health benefits
enrollment.
mm. To disclose information to the Office of Child Support
Enforcement, Administration for Children and Families, Department of
Health and Human Services, Federal Parent Locator System, or Federal
Offset System for use in locating individuals, verifying social
security numbers, or identifying their incomes sources to establish
paternity, establish, or modify orders of support and for enforcement
action.
nn. To disclose records on former Panama Canal Commission employees
to the Republic of Panama for use in employment matters.
oo. To disclose to appropriate Federal officials pertinent
workforce information for use in national or homeland security
emergency/disaster response.
pp. To disclose on public and internally-accessible Federal
Government Web sites, and to otherwise disclose to any person,
including other departments and agencies, the signed ethics pledges and
pledge waiver certifications issued under E.O. 13490 of January 21,
2009, Ethics Commitments by Executive Branch Personnel.
qq. To disclose foreign language proficiencies to Federal agencies
in support of the National Preparedness Goal and the Presidential
Policy Directive 8 (PPD-8).
rr. To disclose information to the Centers for Medicare and
Medicaid (CMS) to assist in determining whether individuals are
eligible for programs under the Patient Protection and Affordable Care
Act (PPACA).
Policies and Practices of Storing, Retrieving, Safeguarding, and
Retaining and Disposing of Records in the System:
Storage:
These records are maintained in file folders, on lists and forms,
microfilm or microfiche, and in computer processable storage media such
as personnel system databases, PDF forms and data warehouse systems.
Retrievability:
These records are retrieved by various combinations of name,
agency, birth date, social security number, or identification number of
the individual on whom they are maintained.
Safeguards:
Paper or microfiche/microfilmed records are located in locked metal
file cabinets or in secured rooms with access limited to those
personnel whose official duties require access. Access to computerized
records is limited, through use of user logins and passwords, access
codes, and entry logs, to those whose official duties require access.
Computerized records systems are consistent with the requirements of
the Federal Information Security Management Act (Pub. L. 107-296), and
associated OMB policies, standards and guidance from the National
Institute of Standards and Technology.
Retention and Disposal:
The OPF is maintained for the period of the employee's service in
the agency and is then, if in a paper format, transferred to the
National Personnel Records Center for storage or, as appropriate, to
the next employing Federal agency. If the OPF is maintained in an
electronic format, the transfer and storage is in accordance with the
OPM approved electronic system. Other records are either retained at
the agency for various lengths of time in accordance with the National
Archives and Records Administration records schedules or destroyed when
they have served their purpose or when the employee leaves the agency.
The transfer occurs within 90 days of the individuals' separation. In
the case of administrative need, a retired employee, or an employee who
dies in service, the OPF is sent within 120 days. Destruction of the
OPF is in accordance with General Records Schedule-1 (GRS-1) or GRS 20.
Records contained within the CPDF and EHRI (and in agency's
automated personnel records) may be retained indefinitely as a basis
for longitudinal work history statistical studies. After the
disposition date in GRS-1 or GRS 20, such records should not be used in
making decisions concerning employees.
System Manager and Address:
a. Manager, OCIO/RM, U.S. Office of Personnel Management, 1900 E
Street NW., Washington, DC 20415.
b. For current Federal employees, OPM has delegated to the
employing agency the Privacy Act responsibilities concerning access,
amendment, and disclosure of the records within this system notice.
Notification Procedure:
Individuals wishing to inquire whether this system of records
contains information about them should contact the appropriate OPM or
employing agency office, as follows:
a. Current Federal employees should contact the Personnel Officer
or other responsible official (as designated by the employing agency),
of the local agency installation at which employed regarding records in
this system.
b. Former Federal employees who want access to their Official
Personnel Folders (OPF) should contact the National Personnel Records
Center (Civilian), 111 Winnebago Street, St. Louis, Missouri 63118,
regarding the records in this system. For other records
[[Page 73699]]
covered by the system notice, individuals should contact their former
employing agency. Individuals must furnish the following information
for their records to be located and identified:
a. Full name.
b. Date of birth.
c. Social security number.
d. Last employing agency (including duty station) and approximate
date(s) of the employment (for former Federal employees).
e. Signature.
Record Access Procedure:
Individuals wishing to request access to their records should
contact the appropriate OPM or agency office, as specified in the
Notification Procedure section. Individuals must furnish the following
information for their records to be located and identified:
a. Full name(s).
b. Date of birth.
c. Social security number.
d. Last employing agency (including duty station) and approximate
date(s) of employment (for former Federal employees).
e. Signature.
Individuals requesting access must also comply with the Office's
Privacy Act regulations on verification of identity and access to
records (5 CFR part 297).
Contesting Record Procedure:
Current employees wishing to request amendment of their records
should contact their current agency. Former employees should contact
the system manager. Individuals must furnish the following information
for their records to be located and identified.
a. Full name(s).
b. Date of birth.
c. Social security number.
d. Last employing agency (including duty station) and approximate
date(s) of employment (for former Federal employees).
e. Signature.
Individuals requesting amendment must also comply with the Office's
Privacy Act regulations on verification of identity and amendment of
records (5 CFR part 297).
Record Source Categories:
Information in this system of records is provided by--
a. The individual on whom the record is maintained.
b. Educational institutions.
c. Agency officials and other individuals or entities.
d. Other sources of information maintained in an employee's OPF, in
accordance with Code of Federal Regulations Part 293, and OPM's
Operating Manual, ``The Guide to Personnel Recordkeeping.''
[FR Doc. 2012-29777 Filed 12-10-12; 8:45 am]
BILLING CODE 6325-45-P