Privacy Act of 1974: System of Records, 60331-60334 [2013-23839]

Agencies

• Office of Personnel Management

[Federal Register Volume 78, Number 190 (Tuesday, October 1, 2013)]
[Notices]
[Pages 60331-60334]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-23839]


=======================================================================
-----------------------------------------------------------------------

OFFICE OF PERSONNEL MANAGEMENT


Privacy Act of 1974: System of Records

AGENCY: U.S. Office of Personnel Management (OPM).

ACTION: Notice of amendment to system of records.

-----------------------------------------------------------------------

SUMMARY: OPM has amended an existing system of records subject to the 
Privacy Act of 1974. 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 systems of records maintained by the agency.

DATES: The changes will be effective 30 days after the publication of 
this notice. Comments will be accepted until October 31, 2013.

ADDRESSES: Written comments must be sent to the U.S. Office of 
Personnel Management, Merit System Accountability and Compliance, ATTN: 
Robert D. Hendler (OPM\Govt-9), 1900 E Street NW., Room 6484, 
Washington, DC 20415.

[[Page 60332]]


FOR FURTHER INFORMATION CONTACT: Robert D. Hendler, (215) 861-3102, fax 
(215) 861-3100, or email to robert.hendler@opm.gov. Please include your 
complete mailing address with your request.

SUPPLEMENTARY INFORMATION: This notice serves to update and amend 
collection, analysis, and maintenance of OPM\Govt-9 (File on Position 
Classification Appeals, Job Grading Appeals, Retained Grade or Pay 
Appeals, Fair Labor Standard Act Claims and Complaints, Federal 
civilian employee Compensation and Leave claims, and Settlement of 
Accounts for Deceased Civilian Officers and Employees) to clarify that 
the system includes Federal civilian employee compensation and leave 
claims and the settlement of accounts for deceased Federal employees 
and to add a category of routine uses. Revisions include the following: 
(1) The system includes Federal civilian employee compensation and 
leave claims and the settlement of accounts for deceased Federal 
employees; (2) copies of decisions will be provided to the employing 
and/or former employing agency and other interested Federal agencies to 
the extent that information is relevant to the agency's administration 
of these programs; (3) the system manager contact has been updated to 
reflect the current organizational name; (4) as a result of a re-
organization in May 2013, the system location has been updated to 
reflect current name; (5) the notification and access procedures have 
been updated to reflect standard OPM practice; and (6) the record 
source categories have been updated by removing transcript of hearings 
since hearings are not conducted as part of the adjudication/settlement 
process.

U.S. Office of Personnel Management.
Elaine Kaplan,
Acting Director.
OPM/GOVT-9
SYSTEM NAME:
    File on Position Classification Appeals, Job Grading Appeals, 
Retained Grade or Pay Appeals, Fair Labor Standard Act (FLSA) Claims 
and Complaints, Federal Civilian Employee Compensation and Leave 
Claims, and Settlement of Accounts for Deceased Civilian Officers and 
Employees.

System location:
    These records are located at the Office of Personnel Management, 
1900 E Street NW., Washington, DC 20415, Merit System Accountability 
and Compliance, agency personnel offices (or other designated offices), 
and Federal records centers.

Categories of individuals covered by the system:
    a. A current or former Federal employee who has filed a position 
classification appeal or a job grading appeal with the U.S. Office of 
Personnel Management, Merit System Accountability and Compliance, or 
with his or her agency.
    b. A current or former Federal employee who has filed a retained 
grade or pay appeal with the U.S. Office of Personnel Management, Merit 
System Accountability and Compliance.
    c. A current or former Federal employee who has filed a claim or 
complaint under the Fair Labor Standards Act (FLSA) with the U.S. 
Office of Personnel Management, Merit System Accountability and 
Compliance.
    d. A current or former Federal employees, or a beneficiary of such 
current or former employee, who has filed a compensation or leave claim 
with the U.S. Office of Personnel Management, Merit System 
Accountability and Compliance, or whose compensation or leave claim has 
been forwarded to that office by the employee's current or former 
employing agency.
    e. A claimed beneficiary whose dispute concerning the settlement of 
the account for a deceased Federal civilian officer or employee has 
been forwarded by the officer or employee's current or former employing 
agency to the U.S. Office of Personnel Management for settlement.

Categories of records in the system:
    This system of records contains information or documents relating 
to the processing and adjudication of a position classification appeal, 
job grading appeal, retained grade or pay appeal, FLSA claim or 
complaint, or compensation or leave claim or dispute concerning the 
settlement of the account for a deceased Federal civilian officer or 
employee. The records may include information and documents regarding a 
personnel action of the agency involved and the decision or 
determination rendered by an agency regarding the classifying or 
grading of a position, whether an employee is to remain in a retained 
grade or pay category, the FLSA exemption status of an employee, or 
other FLSA claims or complaints, a decision or determination by an 
agency on the compensation or leave claim of an employee or former 
employee, or the agency position on the settlement of the account for a 
deceased Federal civilian officer or employee. This system may also 
include transcripts of agency hearings and statements from agency 
employees.

    Note 1: This system notice also covers agency files created 
when: (a) An employee appeals a position classification or job 
grading decision to OPM or within the agency regardless of whether 
that agency appeal decision is further appealed to OPM, (b) an 
employee files a retained grade or pay appeal with OPM, (c) a 
claimant files an FLSA claim or complaint with OPM or to the agency 
regardless of whether the agency decision is the subject of an FLSA 
claim or complaint submitted to OPM, (d) a current or former Federal 
employee or their beneficiary(s) have filed a compensation or leave 
claim with OPM or with the agency regardless of whether the agency 
decision is the subject of a claim submitted to OPM, or (e) or a 
dispute concerning the settlement of the account for a deceased 
Federal civilian officer or employees has been forwarded to OPM by 
the deceased employee's former employing agency for resolution.

Authority for maintenance of the system:
    5 U.S.C. 5103, 5112, and 5115 for classification appeals, 5346 for 
job grading appeals, and 5366 for retained grade or pay appeals; 29 
U.S.C. 204(f) for FLSA claims and complaints; 31 U.S.C. 3702 for 
compensation and leave claims; and U.S.C. 5581, 5582, and 5583 and 38 
U.S.C. 5122 for disputes concerning the settlement of the account for a 
deceased Federal civilian officer or employee.

Purpose(s):
    These records are primarily used to document the processing and 
adjudication of a position classification appeal, a job grading appeal, 
a retained grade or pay appeal, an FLSA claim or complaint, 
compensation and leave claims, or disputes concerning the settlement of 
the account for a deceased Federal civilian officer or employees. 
Internally, OPM may use these records to locate individuals for 
personnel research.

Routine uses of records maintained in the system, including categories 
of users and the purpose of such uses:
    These records and information in these records may be used:
    a. To disclose pertinent information to the appropriate Federal, 
State, or local government 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.
    b. To disclose information to the Office of Management and Budget 
at any stage in the legislative coordination and clearance process in 
connection with

[[Page 60333]]

private relief legislation as set forth in OMB Circular No. A-19.
    c. 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 that individual.
    d. To disclose information to any source from which additional 
information is requested in the course of adjudicating a position 
classification appeal, job grading appeal, retained grade or pay 
appeal, FLSA claim or complaint, compensation and leave claims, or 
disputes concerning the settlement of the account for a deceased 
Federal civilian officer or employees to the extent necessary to 
identify the individual, inform the source of the purpose(s) of the 
request, and identify the type of information requested.
    e. To disclose information to a Federal agency, in response to its 
request, in connection with the hiring, retaining or assigning of an 
employee; issuing a security clearance; conducting a security or 
suitability investigation of an individual; classifying positions; 
grading jobs; making FLSA exemption status determinations; adjudicating 
FLSA claims and complaints; adjudicating compensation and leave claims; 
or resolving disputes concerning the settlement of the account for a 
deceased Federal civilian officer or employees, to the extent that the 
information is relevant and necessary to the requesting agency's 
decision on the matter.
    f. 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.
    g. 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
    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, where 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.
    h. By OPM or an agency 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.
    i. By the National Archives and Records Administration in records 
management inspections and its role as Archivist.
    j. 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.
    k. 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 Office 
rules and regulations, investigations of alleged or possible prohibited 
personnel practices, and such other functions; e.g., as promulgated in 
5 U.S.C. 1205 and 1206, or as may be authorized by law.
    l. To disclose information to the Equal Employment Opportunity 
Commission when requested in connection with investigations into 
alleged or possible discrimination practices in the Federal sector, 
examinations of Federal affirmative employment programs, determinations 
of compliance by Federal agencies with the Uniform Guidelines on 
Employee Selection Procedures, or other functions vested in the 
Commission, and to otherwise ensure compliance with the provisions of 5 
U.S.C. 7201.
    m. To disclose information 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.
    n. To disclose information to contractors, grantees, or volunteers 
performing or working on a contract, service, grant, cooperative 
agreement, or job for the Federal Government.
    o. To provide a copy of a decision issued in response to 
classification, job grading, and retained grade and pay appeals; FLSA 
claims and complaints, compensation and leave claims, or disputes 
concerning the settlement of the account for a deceased Federal 
civilian officer or employees to the employing and/or former employing 
agency and/or other Federal agencies to the extent that information 
from a decision is relevant and necessary to the agency's 
administration of these programs.

Policies and practices for storage, retrieval, safeguards, retaining 
and disposal of records in the system:
Storage:
    These records are maintained in file folders and binders and on 
index cards, magnetic tape, disks, and microfiche.

Retrievability:
    These records are retrieved by the subject's name, and the name of 
the employing agency of the individual on whom the record is 
maintained.

Safeguards:
    These records are located in lockable metal filing cabinets or 
automated media in a secured room, with access limited to those persons 
whose official duties require and such access.

Retention and disposal:
    Records related to position classification appeal, job grading 
appeal, retained grade or pay appeal files, FLSA claims or complaints, 
compensation and leave claims, or disputes concerning the settlement of 
the account for a deceased Federal civilian officer or employees are 
maintained for 7 years after closing action on the case. Records are 
destroyed by shredding, burning, or erasing as appropriate.

System manager(s) and address:
    Deputy Associate Director, Merit System Accountability and 
Compliance, U.S. Office of Personnel Management, 1900 E Street NW., 
Room 6484, Washington, DC 20415.

Notification and Record Access Procedure:
    Individuals wishing to determine whether this system of records 
contains information about them may do so by writing to the U.S. Office 
of Personnel Management, FOIA/PA Requester Service Center, 1900 E 
Street NW., Room 5415, Washington, DC 20415-7900 or by emailing 
foia@opm.gov.
    Individuals must furnish the following information for their 
records to be located:
    1. Full name.
    2. Date and place of birth.
    3. Social Security Number.
    4. Signature.
    5. Available information regarding the type of information 
requested.
    6. The reason why the individual believes this system contains 
information about him/her.

[[Page 60334]]

    7. Agency in which employed when the appeal, FLSA claim or 
complaint, compensation and leave claim, or dispute concerning the 
settlement of the account for a deceased Federal civilian officer or 
employee was filed and the approximate date of the closing of the case.
    8. Kind of action (e.g., position classification appeal, job 
grading appeal, retained grade or pay appeal, FLSA claim, complaint, 
compensation and leave claim, or dispute concerning the settlement of 
the account for a deceased Federal civilian officer or employee).
    9. The address to which the information should be sent.
    Individuals requesting access must also comply with OPM's Privacy 
Act regulations regarding verification of identity and access to 
records (5 CFR 297).

Contesting record procedure:
    Individuals wishing to request amendment of records about them 
should write to the Office of Personnel Management, FOIA/PA Requester 
Service Center, 1900 E Street NW., Room 5415, Washington, DC 20415-
7900. ATTN: Merit System Accountability and Compliance.
    Individuals must furnish the following information in writing for 
their records to be located:
    1. Full name.
    2. Date and place of birth.
    3. Social Security Number.
    4. City, state, and zip code of their Federal Agency.
    5. Signature.
    6. Precise identification of the information to be amended.
    7. Agency in which employed when the appeal or FLSA claim or 
complaint was filed and the approximate date of the closing of the 
case.
    8. Kind of action (e.g., position classification appeal, job 
grading appeal, retained grade or pay appeal, FLSA claim or complaint, 
compensation and leave claim and/or dispute concerning the settlement 
of the account for a deceased Federal civilian officer or employee).
    Individuals requesting amendment must also follow OPM's Privacy Act 
regulations regarding verification of identity and amendment to records 
(5 CFR 297).

Record source categories:
    a. Individual to whom the record pertains.
    b. Agency and/or OPM records relating to the action.
    c. Statements from employees or testimony of witnesses.
[FR Doc. 2013-23839 Filed 9-30-13; 8:45 am]
BILLING CODE 6325-58-P