Privacy Act of 1974; System of Records

[Federal Register Volume 64, Number 173 (Wednesday, September 8, 1999)]
[Notices]
[Pages 48875-48878]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-23303]


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POSTAL RATE COMMISSION


Privacy Act of 1974; System of Records

AGENCY: Postal Rate Commission.

ACTION: Notice of alterations to Privacy Act system of records.

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SUMMARY: The Commission proposes to amend its system of records.
    The proposed changes will update the system and ensure consistency 
with the Privacy Act of 1974, as amended.

DATES: See SUPPLEMENTARY INFORMATION section.

ADDRESSES: Send comments to the attention of Margaret P. Crenshaw, 
Secretary, Postal Rate Commission, 1333 H Street NW., Washington, DC 
20268-0001.

FOR FURTHER INFORMATION CONTACT: Stephen L. Sharfman, General Counsel, 
Postal Rate Commission, at 202-789-6820.

SUPPLEMENTARY INFORMATION: The Postal Rate Commission gives notice, in 
accordance with the Privacy Act of 1974, 5 U.S.C. 552a(e)(4), of its 
systems of records and their routine uses, which have changed since the 
Commission's last publication of a notice. The Commission is also 
proposing revisions in its rules implementing the Privacy Act, 
contained in 39 CFR part 3003, to clarify their application and to 
shorten and simplify their language. These changes will also be 
published in the Federal Register.
    PRC-1. To date, the Commission's sole system of records for Privacy 
Act purposes has been PRC-1, named Official Personnel Files. This 
system consists of information pertaining to Commission personnel 
generally. However, it does not explicitly include all related records 
maintained by the Commission, such as information regarding travel by 
Commission personnel on official business. In order to indicate clearly 
that all such information is included in the system, the Commission is 
replacing the previously-described PRC-1 with a more comprehensive 
system extending to all personnel, pay, leave and travel records. This 
new system, to be named Personnel, Pay, Leave, and Travel, will 
continue to be designated PRC-1. This system is described in the first 
section of Appendix A to Order No. 1256.
    The Commission is also revising its statement of the routine uses 
of records contained in PRC-1. Two previously published routine uses 
are being abolished because they have not occurred in actual practice, 
and thus are apparently unnecessary. Other routine uses have been 
reworded, either to accommodate expansions in the use of records made 
by the Commission or the Postal Service, or to conform with language 
recommended by the Office of Management and Budget (OMB). The two pre-
existing routine uses that encompass litigation-related disclosures 
have been combined into a single category.
    The system notice also contains new routine uses either required by 
law or which the Commission anticipates may be necessary in the 
performance of agency business. These include disclosure of information 
to the National Archives and Records Administration, to agency 
contractors, and to the OMB for potential private relief legislation. 
One of these new routine uses reflects the requirement that federal 
agencies report wage information quarterly to the Parent Locator 
Service, as prescribed by Pub. L. 104-193, the Personal Responsibility 
and Work Opportunity Reconciliation Act.
    The system notice does not contain a routine use for any computer 
matching activities that might be performed on records contained in 
PRC-1, as the Commission has not performed such matching activities in 
the past, and does not intend to do so in the future. However, the 
Commission provides payroll records to the Postal Service for routine 
processing, and it is possible that the Postal Service might use 
information about Commission personnel in a computer matching activity. 
In order to fulfill its statutory obligations regarding potential 
matching activities, particularly under the Computer Matching and 
Privacy Protection Amendments of 1998 (Pub.L. 100-508), the Commission 
is transmitting a notice informing the Postal Service of its policy 
that use of employee records for computer matching may be conducted 
only with express Commission approval, and requesting the Postal 
Service to exclude Commission employees from any matching activities it 
otherwise conducts.
    PRC-2. As noted above, the revised PRC-1 will incorporate all 
Commission records pertaining to its employees. Virtually all other 
information in the Commission's possession concerning individuals 
occurs in the pleadings and other filings submitted by participants in 
the Commission's postal rate, mail classification, and other official 
public proceedings. Note: The Commission maintains a short press list 
containing the names, affiliations, addresses, and telephone numbers of 
reporters in their professional capacity. In the Commission's view, 
this list does not qualify as a system of records for Privacy Act 
purposes. Various Commission offices also maintain correspondence files 
that may contain some information about individuals in

[[Page 48876]]

some instances. However, correspondence in these files is not routinely 
filed or retrieved by personal identifier, and consequently none of 
them constitutes a system of records in the Commission's view. In order 
to provide public notice of the existence of information about 
individuals in this principal substantive record-keeping system, the 
Commission proposes to establish another system of records, to be 
designated PRC-2.
    As the notice (which also appears as Appendix A to Order No. 1256) 
states, this system contains names, addresses, and contact information 
for anyone who intervenes in a Commission proceeding, together with all 
filings, answers, exhibits and other submissions provided to the 
Commission. Because all these materials are public records under the 
terms of 39 CFR 3001.42(b), the system notice states under the 
``Routine Uses'' heading that all records in this system are public and 
will be disclosed to any person upon request.
    Order 1256. The information contained in this notice was 
distributed to the Docket No. R97-1 service list as part of Order No. 
1256 (issued July 7, 1999). Paragraph No. 1 of Order No. 1256 invited 
interested persons to submit comments on the proposed revisions the 
system of records no later than August 23, 1999. Ordering paragraph No. 
2 directed the Secretary of the Commission to arrange for publication 
of a Notice and Order in the Federal Register in a manner consistent 
with applicable requirements. Given the delay in publication, persons 
who did not comment by the date set out in Order No. 1256, but who 
nevertheless wish to comment, should contact the Secretary at 202-789-
6840 for further information. The Commission anticipates providing 
further information regarding an effective date in a subsequent notice.

    Dated: September 1, 1999.
Margaret P. Crenshaw,
Secretary.
PRC-1

SYSTEM NAME:
    Personnel, Pay, Leave, and Travel.

SECURITY CLASSIFICATION:
    None.

SYSTEM LOCATION:
    1333 H Street NW., Suite 300, Washington, DC 20268-0001.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Current and former employees.

CATEGORIES OF RECORDS IN THE SYSTEM:
    This system contains records relating to personnel, pay, leave, and 
travel. This includes: Name; date of birth; social security number; 
home address; grade; salary; time and attendance; alternate work 
schedules; biographical information; leave accrual rate, usage, and 
balances; training; Civil Service Retirement and Federal Employees' 
Retirement System contributions; FICA withholdings; Federal, State, and 
local tax withholdings; Federal Employees' Group Life Insurance 
withholdings; Federal Employees' Health Benefits withholdings; 
charitable deductions; allotments to financial organizations; 
garnishment documents; savings bonds allotments; travel expenses; 
parking permits; carpools; building security records; employee locator; 
and information on the fare subsidy program.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    39 U.S.C. 3603, 44 U.S.C. 3101, 5 U.S.C. ch. 57 (relating to 
travel, transportation, and subsistence), together with any amendments.

PURPOSE(S):
    These records are used to administer pay, leave, travel, parking, 
fare subsidies, and other administrative functions.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSE OF SUCH USES:

A. Disclosure to the U.S. Postal Service

    The U.S. Postal Service handles payroll and other disbursements on 
behalf of the Postal Rate Commission. As a result, records related to 
payroll functions, travel, and other disbursements are disclosed as a 
routine use to the U.S. Postal Service. The records from the Commission 
are incorporated into Privacy Act systems of records maintained by the 
U.S. Postal Service and are routinely disclosed for purposes defined in 
those systems of records. The main systems of records at the U.S. 
Postal Service are Finance Records--Payroll System (USPS 050.020), and 
Finance Records--Employee Travel Records (USPS 050.010).

B. Disclosure for Law Enforcement Purposes

    Information may be disclosed to the appropriate Federal, State, 
local, or foreign agency responsible for investigating, prosecuting, 
enforcing, or implementing a statute, rule, regulation, or order, if 
the information indicates a violation or potential violation of civil 
or criminal law or regulation within the jurisdiction of the receiving 
entity.

C. Disclosure Incident to Requesting Information

    Information may be disclosed to any source from which additional 
information is requested (to the extent necessary to identify the 
individual, inform the source of the purpose(s) of the request, and to 
identify the type of information requested), when necessary to obtain 
information relevant to a decision concerning retention of an employee 
or other personnel action (other than hiring), retention of a security 
clearance, the letting of a contract, or the issuance or retention of a 
grant, or other benefit.

D. Disclosure to Requesting Agency

    Disclosure may be made to a Federal, State, local, foreign, or 
tribal or other public authority of the fact that this system of 
records contains information relevant to the retention of an employee, 
the retention of a security clearance, the letting of a contract, or 
the issuance or retention of a license, grant, or other benefit. The 
other authority may then make a request supported by the written 
consent of the individual for the record if it chooses. No disclosure 
will be made unless the information has been determined to be 
sufficiently reliable to support a referral to the authority or to 
another Federal agency for criminal, civil, administrative, personnel, 
or regulatory action.

E. Disclosure to Office of Management and Budget

    Information may be disclosed to the Office of Management and Budget 
at any stage in the legislative coordination and clearance process in 
connection with private relief legislation as set forth in OMB Circular 
No. A-19.

F. Disclosure to Congressional Offices

    Information may be disclosed to a congressional office from the 
record of an individual in response to an inquiry from the 
congressional office made at the request of the individual.

G. Disclosure During Litigation

    Information may be disclosed to the Department of Justice, or in a 
proceeding before a court, adjudicative body, or other administrative 
body before which the Postal Rate Commission is authorized to appear, 
when:
    1. The Commission, or any component thereof; or
    2. Any employee of the Commission in his or her official capacity; 
or

[[Page 48877]]

    3. Any employee of the Commission in his or her individual capacity 
where the Department of Justice or the Commission has agreed to 
represent the employee; or
    4. The United States, when the Commission determines that 
litigation is likely to affect the Commission 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 Commission is 
deemed by the Commission 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. Disclosure to the National Archives

    Information may be disclosed to the National Archives and Records 
Administration in records management inspections.

I. Disclosure to Contractors, Grantees, and Others

    Information may be disclosed to contractors, grantees, consultants, 
or volunteers performing or working on a contract, service, grant, 
cooperative agreement, job, or other activity for the Postal Rate 
Commission and who need the information in the performance of their 
duties or activities for the Commission. If appropriate, recipients 
will be required to comply with the requirements of the Privacy Act of 
1974 as provided in 5 U.S.C. 552a(m).

J. Disclosures for Administrative Claims, Complaints and Appeals

    Information from this system of records may be disclosed to an 
authorized appeal grievance examiner, formal complaints examiner, equal 
employment opportunity investigator, arbitrator or other person 
properly engaged in investigation or settlement of an administrative 
grievance, complaint, claim, or appeal filed by an employee, but only 
to the extent that the information is relevant and necessary to the 
proceeding. Agencies that may obtain information under this routine use 
include, but are not limited to, the Office of Personnel Management, 
Office of Special Counsel, Merit Systems Protection Board, Federal 
Labor Relations Authority, Equal Employment Opportunity Commission, and 
Office of Government Ethics.

K. Disclosure to the Office of Personnel Management

    Information from this system of records may be disclosed to the 
Office of Personnel Management pursuant to that agency's responsibility 
for evaluation and oversight of Federal personnel management.

L. Disclosure in Connection with Litigation

    Information from this system of records may be disclosed in 
connection with litigation or settlement discussions regarding claims 
by or against the Postal Rate Commission, including public filing with 
a court, to the extent that disclosure of the information is relevant 
and necessary to the litigation or discussions and except where court 
orders are otherwise required under section (b)(11) of the Privacy Act 
of 1974, 5 U.S.C. 552a(b)(11).

M. Disclosure for Child Support Enforcement

    The name, Social Security Number, home address, date of birth, date 
of hire, quarterly earnings, employer identifying information, and 
State of hire for each employee may be disclosed to the Office of Child 
Support Enforcement, Administration for Children and Families, 
Department of Health and Human Services for the purpose of locating 
individuals to establish paternity, establishing and modifying orders 
of child support, identifying sources of income, and for other child 
support enforcement actions as required by the Personal Responsibility 
and Work Opportunity Reconciliation Act (Welfare Reform Law, Pub. L. 
104-193).

Disclosure to consumer reporting agencies:
    Information from this system of records may be disclosed to a 
consumer reporting agency as provided in 31 U.S.C. 3711.

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, 
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
    Records are stored in paper, in folders, in file cabinets, and on 
the Postal Rate Commission's computer network.

RETRIEVABILITY:
    Records may be retrieved by name, Social Security Number, or other 
identification number.

SAFEGUARDS:
    Records are maintained in locked file cabinets or combination safes 
and on computers and computer networks that use password protections 
and other system controls to prevent unauthorized access by Postal Rate 
Commission staff. Firewalls prevent access to internal Commission 
documents by outsiders. All records and computer facilities are 
maintained in Commission offices, and public access to Commission 
offices is controlled.

RETENTION AND DISPOSAL:
    Records are maintained for varying periods of time, in accordance 
with NARA General Records Schedules 2 (pay and leave) and 9 (travel).

SYSTEM MANAGER(S) AND ADDRESS:
    Chief Administrative Officer, Postal Rate Commission, 1333 H Street 
NW., Suite 300, Washington, DC 20268-0001.

NOTIFICATION PROCEDURE:
RECORD ACCESS PROCEDURES:
    All requests should be directed to the System Manager. Requesters 
will be required to provide adequate identification, such as a driver's 
license, employee identification card, or other identifying document, 
and dates of employment.

CONTESTING RECORD PROCEDURES:
    All requests should be directed to the System Manager. Requesters 
will be required to provide adequate identification, such as a driver's 
license, employee identification card, or other identifying document, 
and dates of employment.

RECORD SOURCE CATEGORIES:
    Information in this system of records is obtained from: the subject 
of the record; employment applications, references, and other 
employment-related sources; the official personnel file from the Office 
of Personnel Management; and internal Postal Rate Commission documents, 
including time and attendance records, leave slips, travel requests, 
performance evaluations, training records, and similar internal 
documents.

EXEMPTIONS CLAIMED FOR THE SYSTEM:
    None.
PRC-2

SYSTEM NAME:
    Docket Room Records (PRC-2).

SECURITY CLASSIFICATION:
    None.

SYSTEM LOCATION:
    1333 H Street NW, Suite 300, Washington, DC 20268-0001.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Individuals who intervene in Postal Rate Commission proceedings and 
individuals whose name and other identifying information appears in 
records filed in connection with Postal Rate Commission proceedings.

[[Page 48878]]

CATEGORIES OF RECORDS IN THE SYSTEM:
    This system contains names, addresses, and contact information for 
anyone who intervenes in a proceeding before the Postal Rate 
Commission; submissions, filings, answers, exhibits, and any other 
record provided to the Commission and made public under Commission rule 
3001.42(b).

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    39 U.S.C. 3603.

PURPOSE:
    These records are used under the Postal Rate Commission's rules and 
procedures in Commission proceedings, decisions, opinions, and other 
activities authorized by law.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSES OF SUCH USES:
    All records in this system are public and will be disclosed to any 
person upon request.

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, 
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
    Records are stored in paper, in folders, in file cabinets, and on 
the Postal Rate Commission's computer network.

RETRIEVABILITY:
    Records may be retrieved by name or docket number.

SAFEGUARDS:
    Records are maintained in the Postal Rate Commission's Docket Room, 
on computer networks, and on the Commission website. All records and 
computer facilities are maintained in Commission offices, and public 
access to Commission offices is controlled.

RETENTION AND DISPOSAL:
    Records are disposed of in accordance with approved record 
schedules. Most records pertaining to Commission decisions are retained 
permanently.

SYSTEM MANAGER(S) AND ADDRESS:
    Chief Administrative Officer, Postal Rate Commission, 1333 H Street 
NW., Suite 300, Washington, DC 20268-0001.

NOTIFICATION PROCEDURE:
RECORD ACCESS PROCEDURES:
    All requests should be directed to the System Manager. Requesters 
will be required to provide adequate identification, such as a driver's 
license, employee identification card, or other identifying document, 
and dates of employment.

CONTESTING RECORD PROCEDURE:
    All requests should be directed to the System Manager. Requesters 
will be required to provide adequate identification, such as a driver's 
license, employee identification card, or other identifying document, 
and dates of employment.

RECORD SOURCE CATEGORIES:
    Information in this system of records is obtained from intervenors 
in Postal Rate Commission proceedings and from Commission staff.

EXEMPTIONS CLAIMED FOR THE SYSTEM:
    None.

[FR Doc. 99-23303 Filed 9-7-99; 8:45 am]
BILLING CODE 7710-FW-P