[Federal Register Volume 64, Number 203 (Thursday, October 21, 1999)]
[Notices]
[Pages 56819-56822]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-27432]
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POSTAL RATE COMMISSION
[Docket No. RM99-4; Order No. 1268]
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 is amending its system of records. The
amendments update the longstanding system and establish a second
system. These changes will ensure consistency with the Privacy Act of
1974, as amended.
DATES: The amendments take effect November 22, 1999.
ADDRESSES: Send communications regarding this notice 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.
[[Page 56820]]
SUPPLEMENTARY INFORMATION: On October 8, 1999, the Postal Rate
Commission issued an order adopting, in accordance with the Privacy Act
of 1974, 5 U.S.C. 552a(e)(4), two notices regarding its systems of
records and their routine uses. The notices were initially proposed in
Order No. 1256. They were published at 64 FR 48875. The Commission
invited comments, but no comments were received.
Introduction
In a notice published at 64 FR 48875, the Commission set out
revisions to its current notice regarding its system of records and
their routine uses. The notice was issued in accordance with the
Privacy Act of 1974, 5 USC 552a(e)(4). The Commission adopts the
referenced notice as final. Part I describes the changes. Part II
presents the complete text. As notices of this type generally are not
published in the Code of Federal Regulations, there are no
corresponding amendments to 39 CFR.
Part I--Background
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, named Personnel, Pay, Leave, and Travel, will continue to
be designated PRC-1.
The statement of the routine uses of records contained in PRC-1 is
also revised, relative to the existing statement. Two previously-
published routine uses are abolished because they have not occurred in
actual practice, and thus are apparently unnecessary. Other routine
uses are 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.
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 has
notified the Postal Service of its policy that use of employee records
for computer matching may be conducted only with express Commission
approval, and has requested that the Postal Service exclude Commission
employees from any matching activities it otherwise conducts.
PRC-2. As noted above, revised PRC-1 incorporates 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.1
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\1\ 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 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.
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To provide public notice of the existence of information about
individuals in this principal substantive record-keeping system, the
Commission has established another system of records, and designated it
as PRC-2. 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.
The Commission adopts the notices regarding its systems of records
and their routine uses set out in the attachment to this order,
effective 30 days following publication in the Federal Register. In
accordance with the Commission's order, the secretary shall cause this
order to be published in the Federal Register in accordance with
applicable regulations.
Dated: October 15, 1999.
Margaret P. Crenshaw,
Secretary.
PRC-1
SYSTEM NAME:
Personnel, Pay, Leave, and Travel (PRC-1).
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.
[[Page 56821]]
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Includes 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
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
[[Page 56822]]
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.
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.
PURPOSES:
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. 99-27432 Filed 10-20-99; 8:45 am]
BILLING CODE FW-7710-P
