Privacy Act of 1974; System of Records, 3955-3956 [2024-00958]

Agencies

• Postal Service

[Federal Register Volume 89, Number 14 (Monday, January 22, 2024)]
[Notices]
[Pages 3955-3956]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-00958]


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POSTAL SERVICE


Privacy Act of 1974; System of Records

AGENCY: Postal Service[supreg].

ACTION: Notice of modified system of records.

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SUMMARY: The United States Postal Service[supreg] (USPS) is proposing 
to modify one General Privacy Act System of Records (SOR) to support 
compliance of the Fair Chance to Compete for Jobs Act of 2019 (Fair 
Chance Act) which prohibits the Postal Service from inquiring into the 
criminal history of applicants before a conditional offer of employment 
has been made.

DATES: These revisions will become effective without further notice on 
February 21, 2024, unless responses to comments received on or before 
that date result in a contrary determination.

ADDRESSES: Comments may be submitted via email to the Privacy and 
Records Management Office, United States Postal Service Headquarters 
([email protected]). To facilitate public inspection, 
arrangements to view copies of any written comments received will be 
made upon request.

FOR FURTHER INFORMATION CONTACT: Janine Castorina, Chief Privacy and 
Records Management Officer, Privacy and Records Management Office, via 
email at [email protected] or 202-268-2000.

SUPPLEMENTARY INFORMATION: This notice is in accordance with the 
Privacy Act requirement that agencies publish their systems of records 
in the Federal Register when there is a revision, change, or addition, 
or when the agency establishes a new system of records. The Postal 
Service has determined that General Privacy Act System of Records, USPS 
SOR 100.900 Employee Inquiry, Complaint, and Investigative Records, 
should be revised to promote transparency and support ongoing 
administrative and compliance activities to meet the Fair Chance Act 
requirements.

I. Background

    The Postal Service must ensure that it is complying with Fair 
Chance to Compete for Jobs Act of 2019. The Fair Chance Act prohibits 
the Postal Service from inquiring into the criminal history of 
applicants before a conditional offer of employment has been made. An 
applicant who feels their rights under this law have been violated has 
30 days from the date of violation to make a complaint to the Postal 
Service. The Postal Service will conduct a fact-finding investigation 
within 60 days of a complaint and submit all documents and findings to 
OPM.

II. Rationale for Changes to USPS Privacy Act Systems of Records

    The Postal Service is committed to compliance with the Fair Chance 
Act. The proposed Privacy Act System of Records updates reflects this 
commitment to being transparent with the collection and usage of an 
individual's information as a required result of a formal filing of 
complaint against the Postal Service if the individual believes the 
Postal Service inquired into the criminal history of an applicant 
before a conditional offer of employment has been made.

III. Description of the Modified System of Records

    The Postal Service is proposing modifications to USPS SOR 100.900 
Employee Inquiry, Complaint, and Investigative Records, in the summary 
of changes listed below:
     Updated SYSTEM MANAGERS to reflect the current Human 
Resource title.
     Added one CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM 
as bullet point #2 to include individuals specifically covered by the 
Fair Chance Act.
     Updated all three CATEGORIES OF RECORDS IN THE SYSTEM to 
include specific individual data elements and the full process of 
investigation to include decision and resolution of complaint.
     Updated administrative information in NOTIFICATION 
PROCEDURES to include individuals specifically covered by the Fair 
Chance Act.
    Pursuant to 5 U.S.C. 552a(e)(11), interested persons are invited to 
submit written data, views, or arguments on this proposal. A report of 
the proposed revisions has been sent to Congress and to the Office of 
Management and Budget (OMB) for their evaluations. The Postal Service 
does not expect this amended system of records to have any adverse 
effect on individual privacy rights. USPS SOR 100.900 Employee Inquiry, 
Complaint, and Investigative Records is provided below in its entirety:

SYSTEM NAME AND NUMBER:
    USPS 100.900 Employee Inquiry, Complaint, and Investigative 
Records.

SECURITY CLASSIFICATION:
    None.

SYSTEM LOCATION:
    USPS personnel offices; area and district facilities; Post Offices; 
and contractor sites.

SYSTEM MANAGER(S):
    Vice President, Human Resources, United States Postal Service, 475 
L'Enfant Plaza SW, Washington, DC 20260.
    Vice President, Labor Relations, United States Postal Service, 475 
L'Enfant Plaza SW, Washington, DC 20260.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    39 U.S.C. 401, 410, 1001, 1005, and 1206.

[[Page 3956]]

PURPOSE(S) OF THE SYSTEM:
    1. To enable review and response to inquiries and complaints 
concerning employees and non-employees.
    2. To enable management to initiate, review, process, track, and 
resolve inquiries, complaints, or concerns about the workplace.
    3. To support administrative or court litigation and arbitration 
proceedings.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    1. USPS employees and non-employees who contact USPS with an 
inquiry or complaint, and employees and non-employees who are subjects 
of management inquiries or investigations of workplace issues.
    2. Individuals that file or are the subject of a complaint under 
the Fair Chance to Compete for Jobs Act of 2019 (Fair Chance Act) and 
related regulations.

CATEGORIES OF RECORDS IN THE SYSTEM:
    1. Employee information: Name, gender, Social Security number, 
Employee Identification Number, postal assignment information, veteran 
status, contact information (work and/or home email, address, phone 
number), finance number(s), duty location, and pay location.
    2. Non-employee information: Name, gender, Applicant Identification 
Number, and contact information (work and/or home email, address, and 
phone number).
    3. Identification number, and contact information, inquiry, 
complaint, and investigative information: Records related to the 
subject category of inquiry or complaint, assigned case number, 
background, and description of inquiry, complaint, investigation, 
decision, and resolution.

RECORD SOURCE CATEGORIES:
    Employees, non-employees, supervisors, managers, and witnesses.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND PURPOSES OF SUCH USES:
    Standard routine uses 1. through 9. apply. In addition:
    a. Records may be disclosed to the National Labor Relations Board 
(NLRB) in response to its request for investigative purposes, to the 
extent that the requested information is relevant and necessary.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    Automated database, computer storage media, and paper.

POLICES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    By employee and non-employee name, Employee Identification Number, 
Applicant Identification Number, subject category, facility, finance 
number, district, area, nationally, or case number.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSTAL OF RECORDS:
    Records are retained 4 years after response to inquiry, resolution 
of complaint, or conclusion of investigation.
    Records existing on paper are destroyed by burning, pulping, or 
shredding. Records existing on computer storage media are destroyed 
according to the applicable USPS media sanitization practice.

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    Paper records, computers, and computer storage media are located in 
controlled-access areas under supervision of program personnel. Access 
to these areas is limited to authorized personnel, who must be 
identified with a badge.
    Access to records is limited to individuals whose official duties 
require such access. Contractors and licensees are subject to contract 
controls and unannounced on-site audits and inspections. Computers are 
protected by mechanical locks, card key systems, or other physical 
access control methods.
    The use of computer systems is regulated with installed security 
software, computer logon identifications, and operating system controls 
including access controls, terminal and transaction logging, and file 
management software.

RECORD ACCESS PROCEDURES:
    Requests for access must be made in accordance with the 
Notification Procedure above and USPS Privacy Act regulations regarding 
access to records and verification of identity under 39 CFR 266.5.

CONTESTING RECORDS PROCEDURES
    See Notification Procedures (below) and Record Access Procedures 
(above).

NOTIFICATION PROCEDURES
    Employees who want to know if their information is maintained in 
this system of records must address inquiries to the facility head 
where currently or last employed.
    Headquarters employees must submit inquiries to Corporate Personnel 
Management, 475 L'Enfant Plaza SW, Washington, DC 20260.
    Individuals who file complaints under the Fair Chance Act must 
submit complaints to National Human Resources at 
[email protected].
    Non-employees who want to know if their information is maintained 
in this system of records must address inquiries to the District 
Manager, Human Resources that governs the facility where the inquiry, 
complaint, or investigative records are stored. Inquiries must include 
full name, address, and other identifying information. In addition, 
employees must include Social Security number or Employee 
Identification Number, name and address of facility where last 
employed, and dates of USPS employment. Likewise, employees may also be 
required to furnish where the inquiry, complaint, or investigation 
occurred.

EXEMPTIONS PROMULGATED FOR THE SYSTEM
    Records in this system that have been compiled in reasonable 
anticipation of a civil action or proceeding are exempt from individual 
access as permitted by 5 U.S.C. 552a(d)(5). The USPS has also claimed 
exemption from certain provisions of the Act for several of its other 
systems of records at 39 CFR 266.9. To the extent that copies of 
exempted records from those other systems are incorporated into this 
system, the exemptions applicable to the original primary system 
continue to apply to the incorporated records.

HISTORY
    January 26, 2018, 83 FR 3777.

Sarah Sullivan,
Attorney, Ethics & Legal Compliance.
[FR Doc. 2024-00958 Filed 1-19-24; 8:45 am]
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