Privacy Act of 1974: New System of Records, 8515-8517 [2014-02984]

Agencies

• Office of Personnel Management

[Federal Register Volume 79, Number 29 (Wednesday, February 12, 2014)]
[Notices]
[Pages 8515-8517]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-02984]


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OFFICE OF PERSONNEL MANAGEMENT


Privacy Act of 1974: New System of Records

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

ACTION: Notice of a new system of records.

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SUMMARY: The Office of Personnel Management is proposing to add a new 
system of records to its inventory of record systems subject to the 
Privacy Act of 1974 (5 U.S.C. 552a), as amended. 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)). The Investigative 
Training Records (Internal 19) system of records has been operational 
since June 2005 without incident. Previously, OPM has relied on 
preexisting Privacy Act system of records notices for the collection 
and maintenance of these records. In an effort to increase 
transparency, OPM is publishing a separate notice for this system.

DATES: This addition will be effective without further notice forty 
(40) calendar days from the date of this publication, unless we receive 
comments that result in a contrary determination.

ADDRESSES: Send written comments to the Program Manager for the Freedom 
of Information and Privacy Act Office, Federal Investigative Services, 
U.S. Office of Personnel Management, 1137 Branchton Road, P.O. Box 618, 
Boyers, Pennsylvania 16018.

FOR FURTHER INFORMATION CONTACT: Program Manager, Freedom of 
Information and Privacy Act office, FISSORNComments@opm.gov.

SUPPLEMENTARY INFORMATION: In accordance with the Privacy Act of 1974, 
5 U.S.C. 552a, the Office of Personnel Management Federal Investigative 
Services (OPM-FIS) proposes to establish a new system of records titled 
Investigative Training Records (Internal 19). This system of records 
allows OPM-FIS to document training given to OPM employees, 
contractors, and other Federal employees and contractors by, through, 
or in conjunction with the FIS National Training Center (NTC), 
including records on those who register for training, but do not 
attend. It will provide OPM with a means to track the training that is 
provided; the expenditure of training and related funds; identify 
training needs and trends; assess the effectiveness of training; 
schedule classes and instructors; determine individual qualifications 
for appointment or promotion in the Federal service as applicable; and 
respond to requests for information related to the training offered by 
or through FIS.

U.S. Office of Personnel Management.
Katherine Archuleta,
Director.
Office of Personnel Management
OPM/Internal-19

System name:
    Investigative Training Records.

System Location:
    United States Office of Personnel Management, Federal Investigative 
Services, (OPM FIS) 131 Rebecca Lane, Slippery Rock, PA 16057.
    OPM FIS 1050 Hull Street, Baltimore, MD 21230.

Categories of individuals covered by the system:
    Current and former employees of OPM, contractors, and employees of 
other Federal agencies who have applied for, participated in, or 
assisted with a training program or course offered by, through, or in 
conjunction with the Federal Investigative Services National Training 
Center (FIS-NTC).
    Current and former employees of OPM FIS that have applied for 
tuition reimbursement.

Categories of records in the system:
    The records in this system may contain the following pertaining to 
training: Individual's name; date of birth; social security number; 
address; phone number; email address; occupation, including employing 
agency/company and supervisor's name and contact information; location, 
dates and name of training class; schedules; course rosters; sign in 
sheets and records of attendance; requests for training and/or 
registration forms; payment records; records of equipment issuance; 
exercises, study aids, reference tools, assessments, examination and 
testing material, including pre-course material, if applicable; grades 
and student evaluations, course critiques; requests for tuition 
reimbursement and supporting documentation; and other reports 
pertaining to training. This

[[Page 8516]]

would also include any and all materials described above that may also 
be contained within the FIS Professional Development Portal.

    Note: Some of these records may also become part of the GOVT 1, 
General Personnel Records system and/or GOVT 2, Employee Performance 
File System Records system.

Authority for maintenance of the system:
    Federal Records Act, 44 U.S.C. 3101; 5 U.S.C. 301; 5 U.S.C. Ch. 41; 
E.O. 13467; E.O. 13488, E.O. 11348, as amended; E.O. 9397, as amended 
by 13478.

Purpose(s):
    This system will document training given to current and former 
employees of OPM, contractors, and employees of other Federal agencies 
who have applied for, participated in, or assisted with a training 
program or course offered by, through, or in conjunction with the 
Federal Investigative Services National Training Center (FIS-NTC), 
including records on those who register for training, but do not 
attend. It will provide OPM with a means to track the training that is 
provided; the expenditure of training and related funds; identify 
training needs and trends; assess the effectiveness of training; 
schedule classes and instructors; determine individual qualifications 
for appointment or promotion in the Federal service as applicable; and 
respond to requests for information related to the training offered by 
or through OPM FIS.

Routine uses of records maintained in the system, including categories 
of users and the purposes of such uses:
    In addition to those disclosures generally permitted under 5 U.S.C. 
552a(b) of the Privacy Act, all or a portion of the records or 
information contained in this system may be disclosed to outside 
entities, as is determined to be relevant and necessary, outside OPM as 
a routine use pursuant to 5 U.S.C. 552a(b)(3).
    1. 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. In those instances 
where the request comes from a person or entity other than the 
Government, records will be disclosed only pursuant to a subpoena 
executed by a judge.
    2. To the appropriate Federal, state, local, tribal, foreign, or 
other public authority responsible for investigating, prosecuting, 
enforcing, or implementing a statute, rule, regulation, or order, where 
OPM becomes aware of an indication of a violation or potential 
violation of civil or criminal law or regulation.
    3. To disclose information to a Federal agency, in response to its 
request in connection with the hiring or retention of an employee, the 
issuance of a security clearance, the conducting of a suitability or 
security investigation of an individual, the classifying of jobs, the 
letting of a contract, or the issuance of a license, grant, or other 
benefit by the requesting agency, to the extent that the information is 
relevant and necessary to the requesting agency's decision on the 
matter.
    4. To provide information to a congressional office from the record 
of an individual in response to an inquiry from the congressional 
office made at the request of that individual. However, the training 
records, or parts thereof, will only be released to a congressional 
office if OPM receives a notarized authorization or signed statement 
under 28 U.S.C. 1746 from the subject of the investigation.
    5. For National Archives and Records Administration--To disclose 
information to the National Archives and Records Administration for use 
in records management inspections.
    6. To disclose information to the Department of Justice or in a 
proceeding before a court, adjudicative body, or other administrative 
body before which OPM is authorized to appear, when:
    (a) OPM, or any component thereof; or
    (b) Any employee of OPM in his or her official capacity; or
    (c) Any employee of OPM in his or her individual capacity where the 
Department of Justice or OPM has agreed to represent the employee; or
    (d) The United States, when OPM determines that litigation is 
likely to affect OPM 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 OPM is deemed by OPM to be relevant and 
necessary to the litigation provided, however, that the disclosure is 
compatible with the purpose for which records were collected.
    7. For the Merit Systems Protection Board--To disclose information 
to officials of the Merit Systems Protection Board or the Office of the 
Special Counsel, when requested in connection with appeals, special 
studies of the civil service and other merit systems, review of OPM 
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.
    8. For the Equal Employment Opportunity Commission--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, 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.
    9. For the Federal Labor Relations Authority--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.
    10. Within OPM for Statistical/Analytical Studies--By OPM 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 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.
    11. For Non-Federal Personnel-To disclose information to 
contractors, grantees, or volunteers performing or working on a 
contract, service, grant, cooperative agreement, or job for the Federal 
Government who have a need to know the information contained in this 
system.
    12. To appropriate agencies, entities, and persons when (1) OPM 
suspects or has confirmed that the security or confidentiality of the 
information in a system of records has been compromised; (2) OPM has 
determined that as a result of the suspected or confirmed compromise 
there is a risk of harm to economic or property interests, identity 
theft or fraud, or harm to the security or integrity of this system or 
other systems or programs (whether maintained by OPM or another agency 
or entity) that rely on the compromised information; and (3) the 
disclosure made to such agencies, entities, and persons is reasonably 
necessary to assist in connection with the OPM's efforts to respond to 
the suspected or confirmed compromise and prevent, minimize, or remedy 
such harm.
    13. To educational institutions or training facilities for purposes 
of enrollment and verification of attendance and performance.
    14. To employers to the extent necessary to obtain information

[[Page 8517]]

pertinent to the individual's fitness and qualification for training 
and to provide training status.

Disclosure to consumer reporting agencies:
    None.

Policies and practice for storing, retrieving, accessing, retaining and 
disposing of records in the system:
Storage:
    Records in this system are stored electronically or on paper in 
secure facilities in locked cabinets. The records are stored on 
computer tapes, as digital images, on CD-ROM and in electronic 
databases.

Retrievability:
    Records are retrieved by the name, social security number and/or 
other unique identifier of the individual on whom they are maintained.

Safeguards:
    Paper files are stored in a locked cabinet in a secure facility 
with an intrusion alarm system. Electronic records are on a secure OPM 
server in a limited access room. Access to the records is limited to 
those individuals who have a need to know the information in the 
performance of their official duties.

Retention and disposal:
    Individual training records will be maintained indefinitely until a 
retention schedule is approved by NARA.

System manager(s) and address:
    Associate Director, Federal Investigative Services, U.S. Office of 
Personnel Management, PO Box 618, 1137 Branchton Road, Boyers, PA 
16018.

Notification and record access procedure:
    Specific materials in this system have been exempted from Privacy 
Act provisions at 5 U.S.C. 552a(c)(3) and (d), regarding accounting of 
disclosures, and access to and amendment of records. The section of 
this notice titled Systems Exempted from Certain Provisions of the Act 
indicates the kinds of material exempted and the reasons for exempting 
them from access.
    Individuals wishing to learn whether this system contains 
information about them or to request access should contact the FOI/PA, 
U.S. Office of Personnel Management, Federal Investigative Services, 
P.O. Box 618, 1137 Branchton Road, Boyers, PA 16018-0618, in writing. 
Written requests must contain the following information:
    a. Full name, former name, and any other names used.
    b. Date and place of birth.
    c. Social Security Number.
    d. Any available information regarding the type of record involved 
to include the date of training.
    e. The address to which the record information should be sent.
    f. You must sign your request.
    In addition, the requester must provide an original notarized 
statement or an unsworn declaration in accordance with 28 U.S.C. 1746, 
in the following format: I declare (or certify, verify, or state) under 
penalty of perjury that the foregoing is true and correct. Executed on 
(date). (Signature).
    Attorneys or other persons acting on behalf of an individual must 
provide written authorization from that individual for the 
representative to act on their behalf. The written authorization must 
also include an original notarized statement or an unsworn declaration 
in accordance with 28 U.S.C. 1746, in the following format: I declare 
(or certify, verify, or state) under penalty of perjury that the 
foregoing is true and correct. Executed on (date). (Signature).
    Individuals requesting access must also comply with OPM's Privacy 
Act regulations regarding verification of identity and access to 
records (5 CFR part 297).

Amendment procedures:
    Individuals wishing to request amendment to their non-exempt 
records should contact the Federal Investigations Processing Center in 
writing. Requests should be directed only to the U.S. OPM Federal 
Investigative Services. Individuals must furnish the following 
information for their records to be located and identified:
    a. Full name, former name, and any other names used.
    b. Date and place of birth.
    c. Social Security Number.
    d. Any available information regarding the type of record involved 
to include the date of the training.
    e. The address to which the record information should be sent.
    f. You must sign your request
    In addition, the requester must provide an original notarized 
statement or an unsworn declaration in accordance with 28 U.S.C. 1746, 
in the following format: I declare (or certify, verify, or state) under 
penalty of perjury that the foregoing is true and correct. Executed on 
(date). (Signature).
    Attorneys or other persons acting on behalf of an individual must 
provide written authorization from that individual for the 
representative to act on their behalf. The written authorization must 
also include an original notarized statement or an unsworn declaration 
in accordance with 28 U.S.C. 1746, in the following format: I declare 
(or certify, verify, or state) under penalty of perjury that the 
foregoing is true and correct. Executed on (date). (Signature).
    Individuals requesting amendment must also comply with OPM's 
Privacy Act regulations regarding verification of identity and 
amendment of records (5 CFR part 297).

Record source categories:
    Information originates within OPM, from the individual to whom the 
record pertains, and external educational institutions and training 
facilities.

Systems exempted from certain provisions of the act:
    OPM has claimed that all information in these records that meets 
the criteria stated in 5 U.S.C. 552a(k) (6) is exempt from the 
requirements of the Privacy Act that relate to providing an accounting 
of disclosures to the data subject, and access to and amendment of 
records (5 U.S.C. 552a(c)(3) and (d)).
    This system may contain the following types of information:
    Testing and examination materials that are used solely to determine 
individual qualifications for appointment or promotion in the Federal 
service, when disclosure of the material would compromise the 
objectivity or fairness of the testing or examination process.

[FR Doc. 2014-02984 Filed 2-11-14; 8:45 am]
BILLING CODE 6325-53-P