80 FR 72455 - Privacy Act of 1974, as Amended: New System of Records

OFFICE OF PERSONNEL MANAGEMENT

Federal Register Volume 80, Issue 223 (November 19, 2015)

Pursuant to the provisions of the Privacy Act of 1974 (5 U.S.C. 552a), as amended, and Office of Management and Budget (OMB), Circular No. A-130, notice is given that the U.S. Office of Personnel Management (OPM) proposes to establish a new agency-wide system of records entitled ``Correspondence Management for the U.S. Office of Personnel Management,'' Internal-21. The purpose of this agency-wide notice is to increase administrative efficiency and to centralize and simplify for the public the process of obtaining information and making requests. This system notice does not supersede systems of records covered by separately-noticed systems.

[Federal Register Volume 80, Number 223 (Thursday, November 19, 2015)]
[Notices]
[Pages 72455-72457]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-29583]


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OFFICE OF PERSONNEL MANAGEMENT


Privacy Act of 1974, as Amended: 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: Pursuant to the provisions of the Privacy Act of 1974 (5 
U.S.C. 552a), as amended, and Office of Management and Budget (OMB), 
Circular No. A-130, notice is given that the U.S. Office of Personnel 
Management (OPM) proposes to establish a new agency-wide system of 
records entitled ``Correspondence Management for the U.S. Office of 
Personnel Management,'' Internal-21. The purpose of this agency-wide 
notice is to increase administrative efficiency and to centralize and 
simplify for the public the process of obtaining information and making 
requests. This system notice does not supersede systems of records 
covered by separately-noticed systems.

DATES: Please submit any comments by December 21, 2015. The routine 
uses for releasing records from this system will be effective without 
further notice on December 21, 2015 unless comments are received that 
would result in a contrary determination.

ADDRESSES: Send written comments to the Office of Personnel Management, 
ATTN: Jozetta Robinson, U.S. Office of Personnel Management, 1900 E 
Street NW., Room 5450, Washington, DC 20415. Written comments can also 
be sent by email to [email protected].

FOR FURTHER INFORMATION CONTACT: Jozetta Robinson by telephone at 202-
606-1000, or by email at [email protected].

SUPPLEMENTARY INFORMATION: In accordance with 5 U.S.C. 552a(e)(4) and 
(11), the public is given a 30-day period in which to submit written 
comments. Therefore, please submit any comments by December 21, 2015. A 
description of the new system of records is provided below. In 
accordance with 5 U.S.C. 552a(r), the agency has provided a report to 
OMB and the Congress.

U.S. Office of Personnel Management.
Beth F. Cobert,
Acting Director.
SYSTEM NAME:
    Correspondence Management for the U.S. Office of Personnel 
Management, Internal-21

SYSTEM LOCATION:
    U.S. Office of Personnel Management, 1900 E Street NW., Washington, 
DC 20415 and other U.S. Office of Personnel Management locations 
throughout the United States and the rest of the world.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Individuals originating, receiving, or named in correspondence 
(including attachments) to or from OPM or whose correspondence is 
referred to OPM, or persons communicating electronically, by mail, or 
by telephone with OPM regarding official business of OPM, including 
Members of Congress, other government officials, individuals, and their 
representatives; individuals originating, receiving, or named in 
internal memoranda (including attachments) within OPM, including OPM 
employees, contractors, and individuals relating to investigations, 
policy decisions, or administrative matters of significance to OPM.

CATEGORIES OF RECORDS IN THE SYSTEM:
    The categories of records within the system vary according to the 
wide scope of the responsibilities of OPM. Categories of records may 
include correspondence identification (e.g., correspondent's name, 
address, title, organization, control number, date of correspondence, 
date received, subject), status of response within OPM, the original 
correspondence, OPM's response, office or staff member assigned to 
handle the matter, referral letters, name and identification of person 
referring the correspondence, copies of any enclosures, and related 
materials. Some internal memoranda, email correspondence, and logs/
notes of official telephone calls to/by OPM staff may also be tracked. 
This system does not cover systems of records covered by separately-
noticed systems.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    5 U.S.C. 301 and 44 U.S.C. 3101.

PURPOSE(S):
    The system controls and tracks correspondence received or 
originated by OPM or referred to OPM, and action taken by OPM in 
response to correspondence received, as well as some internal 
memoranda, action items, email correspondence, and logs/notes of 
official telephone calls. It also serves as a reference source for 
inquiries and response thereto.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSES OF SUCH USES:
    In addition to those disclosures otherwise permitted under 5 U.S.C. 
552a(b), all or a portion of the records or information contained in 
this system may be disclosed outside of OPM, for a routine use under 5 
U.S.C. 552a(b)(3) as follows:
    a. For Law Enforcement Purposes--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, where OPM becomes aware of an indication of a 
violation or potential violation of civil or criminal law or 
regulation.
    b. For Certain Disclosures to Other Federal Agencies--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.

[[Page 72456]]

    c. For Congressional Inquiry--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. For Judicial/Administrative Proceedings--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. In those cases where the Government is not a 
party to the proceeding, records may be disclosed if a subpoena has 
been signed by a judge.
    e. For National Archives and Records Administration--To disclose 
information to the National Archives and Records Administration for use 
in records management inspections.
    f. 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.
    g. For Litigation--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: (1) 
OPM, or any component thereof; or (2) any employee of OPM in his or her 
official capacity; or (3) Any employee of OPM in his or her individual 
capacity where the Department of Justice or OPM has agreed to represent 
the employee; or (4) 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.
    h. 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.
    i. 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.
    j. 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.
    k. 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.
    l. To appropriate agencies, entities, and persons when (1) OPM 
suspects or has confirmed that the security or confidentiality of 
information in the system of records has been compromised; (2) the 
agency 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 upon the compromised information; 
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 compromise and prevent, minimize, 
or remedy such harm.

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING 
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
    Records are stored in electronic form and on paper.

RETRIEVABILITY:
    Information can be retrieved by name of individual; subject matter 
of topic; or in some cases, by other identifying search term employed.

SAFEGUARDS:
    Information in this system is safeguarded in accordance with 
applicable rules and policies, including OPM's Information Security & 
Privacy Policy. In general, records and technical equipment are 
maintained in buildings with restricted access. The required use of 
password protection identification features and other system protection 
methods also restrict access. Access is limited to those who have an 
official need for access to perform their official duties.

RETENTION AND DISPOSAL:
    Records are retained and disposed of in accordance with the OPM 
records schedules approved by the National Archives and Records 
Administration and/or pursuant to the General Records Schedule.

SYSTEM MANAGER(S) AND ADDRESS(ES):
    The system manager is Director, Office of the Executive 
Secretariat, U.S. Office of Personnel Management, 1900 E Street NW., 
Room 5450, 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 FOIA/PA 
Requester Service Center, U.S. Office of Personnel Management, 1900 E 
Street NW., Room 5415, Washington, DC 20415, or by emailing 
[email protected]. Individuals must furnish the following information:
    1. Full name, former name, and any other names used.
    2. Date and place of birth.
    3. Social Security Number.
    4. Signature.
    5. Description of the information sought.
    6. The reason why the individual believes the system contains 
information on them.
    Individuals requesting access must also comply with OPM's Privacy 
Act regulations regarding verification of identity and access to 
records (5 CFR part 297). In addition, requesters must provide a 
notarized statement or an unsworn declaration made in accordance with 
28 U.S.C. 1746, in the following format:
     If executed outside the United States: ``I declare (or 
certify, verify, or state) under penalty of perjury under the laws of 
the United States of America that the foregoing is true and correct. 
Executed on [date]. [signature].''
     If executed within the United States, its territories, 
possessions, or commonwealths: ``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

[[Page 72457]]

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, as described 
above.

AMENDMENT PROCEDURES:
    Individuals wishing to amend information maintained in the system 
should direct their requests to the FOIA/PA Requester Service Center, 
U.S. Office of Personnel Management, 1900 E Street NW., Room 5415, 
Washington, DC 20415, or by emailing [email protected], stating clearly and 
concisely what information the individuals seek to amend, the reasons 
for seeking amendment, and the proposed amendments. Some information is 
not subject to amendment. A determination whether a record may be 
amended will be made at the time a request is received. Individuals 
must furnish the following information in writing for their records to 
be located:
    1. Full name, former name, and any other names used.
    2. Date and place of birth.
    3. Social Security Number.
    4. Signature.
    5. Information the individual seeks to amend, the reasons for 
seeking amendment, and the proposed amendments.
    Individuals requesting access must also comply with OPM's Privacy 
Act regulations regarding verification of identity and access to 
records (5 CFR part 297). In addition, requestors must provide a 
notarized statement or an unsworn declaration made in accordance with 
28 U.S.C. 1746, in the following format:
     If executed outside the United States: ``I declare (or 
certify, verify, or state) under penalty of perjury under the laws of 
the United States of America that the foregoing is true and correct. 
Executed on [date]. [signature].''
     If executed within the United States, its territories, 
possessions, or commonwealths: ``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, 
as described above.

RECORD SOURCE CATEGORIES:
    The information contained in this system is derived from incoming 
and outgoing correspondence and internal memoranda. Sources include 
individuals; state, local, tribal, and foreign government agencies as 
appropriate; the executive and legislative branches of the Federal 
Government; the Judiciary; and interested third parties.

SYSTEMS EXEMPT FROM CERTAIN PROVISIONS OF THE ACT:
    A determination as to exemption shall be made at the time a request 
for access or amendment is received. OPM has promulgated rules in 5 CFR 
297.501(c) reserving the right to assert exemptions for these records 
when received from another agency that could properly claim such 
exemptions in responding to a request, and reserving the right to 
refuse access to information compiled in reasonable anticipation of a 
civil action or litigation.

[FR Doc. 2015-29583 Filed 11-18-15; 8:45 am]
BILLING CODE 6325-47-P