Privacy Act of 1974; System of Records, 81116-81118 [2024-23130]

Agencies

• Office of Personnel Management

[Federal Register Volume 89, Number 194 (Monday, October 7, 2024)]
[Notices]
[Pages 81116-81118]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-23130]


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OFFICE OF PERSONNEL MANAGEMENT


Privacy Act of 1974; System of Records

AGENCY: Office of the General Counsel, U.S. Office of Personnel 
Management.

ACTION: Notice of modified system of records.

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SUMMARY: In accordance with the Privacy Act of 1974, the Office of 
Personnel Management (OPM) proposes to modify the current system of 
records titled, ``OPM/Central-7, Litigation and Claims Records.'' The 
system of records is also being retitled to reflect its proper 
categorization as an OPM Internal system of records. The modifications 
will expand the range of information covered to include not only 
litigation and claims matters, but also all other matters worked on by 
Office of General Counsel (OGC) staff, including, but not limited to, 
legal advisory work for OPM programs, the Office of the Director, and 
other Federal Government agencies, as well as records created or 
received in the course of the office's work on legal issues on behalf 
of the agency. Accordingly, the system name and number, system 
purposes, categories of individuals, categories of records, and routine 
uses are being substantially revised. Additionally, OPM is taking this 
opportunity to make minor and editorial changes and updates throughout 
the notice.

DATES: Please submit comments on or before November 6, 2024. This new 
system is effective upon today's publication in the Federal Register, 
with the exception of new or modified routine uses, which are effective 
November 12, 2024.

ADDRESSES: You may submit written comments by one of the following 
methods:
     Federal eRulemaking Portal: https://www.regulations.gov. 
Follow the instructions for submitting comments. All submissions 
received must include the agency name and docket number for this 
Federal Register document. The general policy for comments and other 
submissions from members of the public is to make these submissions 
available for public viewing at https://www.regulations.gov as they are 
received without change, including any personal identifiers or contact 
information.
     Mail: General Counsel, Office of the General Counsel, 
Office of Personnel Management, 1900 E Street NW, Washington, DC 20415-
1300.

FOR FURTHER INFORMATION CONTACT: Becky Ronayne, Office of the General 
Counsel, Office of Personnel Management, 1900 E Street NW, Washington, 
DC 20415-1300, (202) 606-1700.

SUPPLEMENTARY INFORMATION: OGC is revising this system of records to 
encompass the full range of matters on which OGC works that are 
collected and maintained in OGC's matter management and tracking 
system. Changes and updates are being made throughout the notice, with 
the most substantial changes being that the System Name and Number will 
change to ``OPM/Internal-28, Litigation, Advisory, and Matter 
Management Records'' and the Purpose(s) of the System, Categories of 
Individuals, Categories of Records, and Routine Uses sections will be 
modified to reflect the full scope of matters on which OGC works and 
the activities associated with such work. In addition, OPM is taking 
the opportunity to make minor and editorial changes and updates 
throughout the notice.
    In accordance with 5 U.S.C. 552a(r), OPM has provided a report of 
this modified system of records to the Office of Management and Budget 
and to Congress. This modified system of records will be included in 
OPM's inventory of record systems.

Office of Personnel Management.
Kayyonne Marston,
Federal Register Liaison.

SYSTEM NAME AND NUMBER:
    OPM/Internal-28, Litigation, Advisory, and Matter Management 
Records.

SECURITY CLASSIFICATION:
    Certain records in the system may be Confidential or Secret but 
most records are not classified.

SYSTEM LOCATION:
    Office of the General Counsel, Office of Personnel Management, 1900 
E Street NW, Washington, DC 20415-1300.

SYSTEM MANAGER(S):
    General Counsel, Office of the General Counsel, Office of Personnel 
Management, 1900 E Street NW, Washington, DC 20415-1300.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    5 U.S.C. 301; 5 U.S.C. 1103; 5 U.S.C. 1301-1307; 28 U.S.C. 552; 28 
U.S.C.

[[Page 81117]]

2672; 31 U.S.C. 3721; and Executive Order 10577.

PURPOSE(S) OF THE SYSTEM:
    These records are collected and maintained to defend OPM against 
lawsuits, administrative actions, and to settle administrative claims 
brought against OPM or OPM employees. In addition, records are 
collected and maintained to manage the office's work on oversight 
matters, legal advisory work, and subpoena and Touhy issues, as well as 
to track and manage the work of the office.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    a. Individuals who make claims under the Military Personnel and 
Civilian Employees Claims Act of 1964, as amended.
    b. Individuals who file civil actions, administrative claims or 
appeals, or other actions against or concerning OPM, its officials, and 
employees.
    c. Individuals who are parties to actions in which the Government 
is involved, but for which OPM's role is advisory to another agency.
    d. Individuals who filed claims with OPM under the Federal Tort 
Claims Act, as amended;
    e. OPM officials whose records are relevant to oversight matters;
    f. Program and agency officials;
    g. OGC attorneys and other office staff;
    h. Individuals at other government agencies who raise matters 
requiring OPM assistance, guidance, or input;
    i. Organizations, entities, or members of the public who raise 
matters requiring OPM assistance, guidance, or input.

CATEGORIES OF RECORDS IN THE SYSTEM:
    a. Garnishment documents;
    b. Administrative appeals;
    c. Investigative reports;
    d. Retirement records;
    e. Official personnel records;
    f. Documentation of litigation including complaints, answers, 
motions, briefs, orders, decisions, supporting documentation, and 
related materials;
    g. Claims and supporting documentation submitted under the Federal 
Tort Claims Act and the Military Personnel and Civilian Employees 
Claims Act, together with correspondence and records of settlement;
    h. Testing and examination materials;
    i. Final administrative and judicial determinations;
    j. GAO, Congressional, and other oversight related records;
    k. Records related to subpoena and Touhy matters;
    l. Legal advisory opinions, correspondence, and related 
documentation; and
    m. Records related to litigation holds.

RECORD SOURCE CATEGORIES:
    Information in this system of records is obtained from:
    a. The individual on whom the record is maintained;
    b. Agency officials and records;
    c. Records of administrative and court proceedings including 
statements of witnesses and documents relating to the proceeding;
    d. Law enforcement agencies; and
    e. Witnesses.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND 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 outside OPM as a 
routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:
    a. In an appropriate proceeding before a court, grand jury, or 
administrative or adjudicative body, when OPM or another agency 
representing OPM determines that the records are relevant and necessary 
to the proceeding; or in an appropriate proceeding before an 
administrative or adjudicative body when the adjudicator determines the 
records to be relevant to the proceeding.
    b. To the Department of Justice when (a) OPM, or any component 
thereof; (b) any OPM employee in their official capacity; (c) any OPM 
employee in their individual capacity where the Department of Justice 
has agreed to represent the employee; or (d) the United States, where 
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 is 
deemed by OPM to be relevant and necessary to the litigation.
    c. Where a record, either alone or in conjunction with other 
information, indicates a violation or potential violation of law--
criminal, civil, or regulatory in nature--the relevant records may be 
referred to the appropriate federal, state, local, territorial, tribal, 
or foreign law enforcement authority or other appropriate entity 
charged with the responsibility for investigating or prosecuting such 
violation or charged with enforcing or implementing such law.
    d. To a member of Congress from the record of an individual in 
response to an inquiry made at the request of the individual to whom 
the record pertains.
    e. To the National Archives and Records Administration (NARA) for 
records management inspections being conducted under the authority of 
44 U.S.C. 2904 and 2906.
    f. To appropriate agencies, entities, and persons when (1) OPM 
suspects or has confirmed that there has been a breach of the system of 
records, (2) OPM has determined that as a result of the suspected or 
confirmed breach there is a risk of harm to individuals, OPM (including 
its information systems, programs, and operations), the Federal 
Government, or national security; and (3) the disclosure made to such 
agencies, entities, and persons is reasonably necessary to assist in 
connection with OPM's efforts to respond to the suspected or confirmed 
breach or to prevent, minimize, or remedy such harm.
    g. To another Federal agency or Federal entity, when OPM determines 
that information from this system of records is reasonably necessary to 
assist the recipient agency or entity in (1) responding to a suspected 
or confirmed breach or (2) preventing, minimizing, or remedying the 
risk of harm to individuals, the recipient agency or entity (including 
its information systems, programs, and operations), the Federal 
Government, or national security, resulting from a suspected or 
confirmed breach.
    h. To contractors, grantees, experts, consultants, or volunteers 
performing or working on a contract, service, grant, cooperative 
agreement, or other assignment for OPM when necessary to accomplish an 
agency function related to this system of records.
    i. To any source that OGC has reason to believe possesses 
information regarding a matter within OGC's purview, to the extent 
necessary to obtain information relevant to an OPM decision or 
authorized action.
    j. To the insurance carrier of an employee, or a claimant against 
OPM under the Federal Tort Claims Act or the Military Personnel and 
Civilian Employees Claims Act in order to determine the proper 
assignment of any liability.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    The records in this system of records are stored electronically in 
an OPM FedRAMP cloud or at an OPM data center. Access to the electronic 
systems is restricted to authorized users with a need to know.

[[Page 81118]]

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    The records in this system of records are retrieved primarily by 
name and may also be retrieved by any personal identifier.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    Certain records in this system are permanent. Others are maintained 
and destroyed in accordance with 3.LEG.01 or 3.LEG.02. A records 
retention schedule will be established with NARA for the unscheduled 
records in this system and, until it is finalized, those unscheduled 
records will be treated as permanent.

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    Records in this system are protected from unauthorized access and 
misuse through various administrative, technical, and physical security 
measures including limiting access to OPM staff, role-based access 
controls, and encryption. OPM's security measures comply with the 
Federal Information Security Modernization Act of 2002, as amended by 
the Federal Information Security Modernization Act of 2014, associated 
OMB policies, and applicable standards and guidance from the National 
Institute of Standards and Technology (NIST).

RECORD ACCESS PROCEDURES:
    Individuals seeking notification of and access to their records in 
this system of records may do so by submitting a request in writing to 
the Office of Personnel Management, Office of the Executive 
Secretariat, Privacy, and Information Management--FOIA, 1900 E Street 
NW, Washington, DC 20415-7900 or by emailing [email protected]. Individuals 
must furnish the following information for their records to be located:
    1. Full name, including any former name.
    2. Date of birth.
    3. Social Security Number.
    4. Name and address of employing agency or retirement system.
    5. Reasonable specification of the requested information.
    6. The address to which the information should be sent.
    7. 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).

CONTESTING RECORD PROCEDURES:
    Individuals wishing to request amendment of records about 
themselves may do so by writing to the Office of Personnel Management, 
Office of the Executive Secretariat, Privacy, and Information 
Management--FOIA, 1900 E Street NW, Washington, DC 20415-7900 or by 
emailing [email protected]. Requests for amendment of records should include 
the words ``PRIVACY ACT AMENDMENT REQUEST'' in capital letters at the 
top of the request letter; if sending the request by email, include 
those words in the subject line. Individuals must furnish the following 
information for their records to be located:
    1. Full name, including any former name, and address.
    2. Date of birth.
    3. Social Security Number.
    4. Name and address of employing agency or retirement system.
    5. Precise identification of the information to be amended.
    6. Signature.
    Individuals requesting amendment must also comply with OPM's 
Privacy Act regulations regarding verification of identity and access 
to records (5 CFR part 297).

NOTIFICATION PROCEDURES:
    See ``Record Access Procedure.''

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    When litigation or claim cases occur, information from other 
systems of records may be incorporated into the case file. In certain 
instances, OPM may have claimed exemptions under the Privacy Act 
concerning the incorporated information. To the extent that such exempt 
material is incorporated into a litigation or claim file, the 
appropriate exemption 5 U.S.C. 552a(k) (1), (2), (3), (4), (5), (6) or 
(7) shall also apply to the information as it appears in this system. 
The exemptions will be only from those provisions of the Act that were 
claimed for the systems from which the records originated.
    The Office of the General Counsel, pursuant to 5 U.S.C. 552a(d)(5), 
reserves the right to refuse access to information compiled in 
reasonable anticipation of a civil action or proceeding.

HISTORY:
    58 FR 19180 (April 12, 1993); 60 FR 63075 (December 8, 1995); 80 FR 
74815 (November 30, 2015); 87 FR 5874 (February 2, 2022).

[FR Doc. 2024-23130 Filed 10-4-24; 8:45 am]
BILLING CODE 6325-48-P