[Federal Register Volume 71, Number 117 (Monday, June 19, 2006)]
[Notices]
[Pages 35342-35363]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-5459]



[[Page 35341]]

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Part II





Office of Personnel Management





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Privacy Act of 1974; Publication of Notice of Systems of Records, a 
Proposed New Routine Use, New Category of Records and an Amendment of a 
Current Category of Records; Notice

Federal Register / Vol. 71, No. 117 / Monday, June 19, 2006 / 
Notices

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OFFICE OF PERSONNEL MANAGEMENT


Privacy Act of 1974; Publication of Notice of Systems of Records, 
a Proposed New Routine Use, New Category of Records and an Amendment of 
a Current Category of Records

AGENCY: Office of Personnel Management.

ACTION: Notice; publication of the eight Governmentwide systems of 
records managed by the Office of Personnel Management (OPM).

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SUMMARY: This notice provides in one issue of the Federal Register an 
accurate and complete text of the Office of Personnel Management's 
eight Governmentwide systems of records notices most widely used by 
individuals and Privacy Act officers. This notice proposes to add a new 
Category of Records and a new Routine Use to one system of records and 
amends a Category of Records in the same system. This notice will also 
make administrative changes to reflect changes in the name and location 
of system managers for all Governmentwide systems of records. We are 
amending a Category of Records, adding a new Category of Records and 
adding a new Routine Use in OPM's Governmentwide-1 system of records. 
In addition, we are making needed administrative changes necessitated 
by changes in office titles of system managers for all eight systems of 
records that have occurred in the OPM's reorganization since the last 
publication of these notices on April 27, 2000.

DATES: The notice with the administrative (non-substantive) changes are 
effective on June 19, 2006. The amendment of one Category of Records, 
the addition of a new Category of Records and a new Routine Use will 
become effective without further notice, on July 31, 2006 unless 
otherwise revised pursuant to comments received.

ADDRESSES: Written comments may be delivered to: Deputy Associate 
Director, Center for HR Systems Requirements and Strategies , Room 
6H31, U.S. Office of Personnel Management, 1900 E Street, NW., 
Washington, DC 20415.

FOR FURTHER INFORMATION CONTACT: Mickey Trinite, Personnel Records 
Management Specialist, Personnel Systems Group, (202) 606-2016.

SUPPLEMENTARY INFORMATION: The Office of Personnel Management (OPM) 
last published its Governmentwide systems notices on April 27, 2000. 
This notice reflects revised internal designation of the system 
managers and their respective offices in accordance with an agencywide 
reorganization. In addition, we propose to amend a Category of Records 
``g'', add a Category of Records ``n'' and a new Routine Use ``oo'', 
and reinstate ``Note 6'' (which was inadvertently deleted during the 
last publication of this notice) to Governmentwide-1 system of records. 
These changes will not affect any Privacy Act rights afforded 
individuals who are the subject of such records.
    The Enterprise Human Resources Integration initiative (EHRI) is a 
new Category of Records ``n'' (Governmentwide--1) OPM has developed to 
conform with and support the E-Government Act of 2002. This Act 
provides the authority to expand the use of internet and computer 
resources in the delivery of Government services. The Act authorizes 
the President's Management Agenda e-Government initiatives, and 
endorses and requires Federal agencies to support these initiatives, 
including EHRI. EHRI will improve the internal efficiency and 
effectiveness of the Federal Government by streamlining and automating 
the exchange of Federal employee HR information.
    Category of Records ``g'' of Governmentwide--1 is being amended to 
more clearly identify data elements in the Central Personnel Data File 
and their sources.
    A new Routine Use ``oo'' for Governmentwide--1 is being proposed to 
provide pertinent workforce information to appropriate Federal 
officials for use in national or homeland security emergency/disaster 
response.
    ``Note 6'' is reinstated to clarify that home addresses will 
generally not be released to labor organizations from Governmentwide--1 
as it is not the most accurate or up-to-date reposting of this 
information. Instead, the information should be released from an 
accurate internal system.
    The system report, as required by 5 U.S.C. 552a(r), has been 
submitted to the Committee on Homeland Security and Governmental 
Affairs of the United States Senate, the Committee on Government Reform 
and Oversight of the House of Representatives and the Office of 
Management and Budget. Following is a complete text of these eight 
Office of Personnel Management systems of records.

Office of Personnel Management.
    Dated: May 24, 2006.
Linda M. Springer,
Director.
 OPM/GOVT-1

System Name:
    General Personnel Records.

System Location:
    Records on current Federal employees are located at OPM and with 
Personnel Officers, electronically maintained, or are at other 
designated offices of the local installation of the department or 
agency that currently employs the individual. When agencies determine 
that duplicates of these records need to be located in a second office, 
e.g., an administrative office closer to where the employee actually 
works, such copies are covered by this system. Former Federal 
employees' Official Personnel Folders (OPFs) are located at the 
National Personnel Records Center, National Archives and Records 
Administration, 111 Winnebago Street, St. Louis, Missouri 63118. 
Records not considered long-term records, but which may be retained in 
the OPF or elsewhere during employment, and which are also included in 
this system, may be retained by agencies for a period of time after the 
employee leaves service.
    The use of the phrase ``long-term'' to describe those records filed 
on the right-hand-side of OPFs is used throughout this notice because 
these records are not actually permanently retained. The term 
``temporary'' is used when referencing short-term records filed on the 
left-hand-side of OPFs and all other records not filed in the OPF, but 
covered by this notice.

    Note 1: The records in this system are ``owned'' by the Office 
of Personnel Management (OPM) and must be provided to those OPM 
employees who have an official need or use for those records. 
Therefore, if an employing agency is asked by an OPM employee to 
access the records within this system, such a request must be 
honored.

Categories of Individuals Covered by the System:
    Current and former Federal employees as defined in 5 U.S.C. 2105. 
(Volunteers, grantees, and contract employees on whom the agency 
maintains records may also be covered by this system).

Categories of Records in the System:
    All categories of records may include identifying information, such 
as name(s), date of birth, home address, mailing address, social 
security number, and home telephone. This system includes, but is not 
limited to, contents of the OPF as specified in OPM's

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Operating Manual, ``The Guide to Personnel Recordkeeping.'' Records in 
this system are--
    a. Records reflecting work experience, educational level achieved, 
and specialized education or training obtained outside of Federal 
service.
    b. Records reflecting Federal service and documenting work 
experience and specialized education received while employed. Such 
records contain information about past and present positions held; 
grades; salaries; duty station locations; and notices of all personnel 
actions, such as appointments, transfers, reassignments, details, 
promotions, demotions, reductions-in-force, resignations, separations, 
suspensions, OPM approval of disability retirement applications, 
retirement, and removals.
    c. Records on participation in the Federal Employees' Group Life 
Insurance Program and Federal Employees Health Benefits Program.
    d. Records relating to an Intergovernmental Personnel Act 
assignment or Federal-private sector exchange program.

    Note 2: Some of these records may also become part of the OPM/
CENTRAL-5, Intergovernmental Personnel Act Assignment Record system.

    e. Records relating to participation in an agency Federal Executive 
or SES Candidate Development Program.

    Note 3: Some of these records may also become part of the OPM/
CENTRAL-3, Federal Executive Development Records; or OPM/CENTRAL-13, 
Senior Executive Service Records systems.

    f. Records relating to Government-sponsored training or 
participation in an agency's Upward Mobility Program or other personnel 
program designed to broaden an employee's work experiences and for 
purposes of advancement (e.g., an administrative intern program).
    g. Records contained in the Central Personnel Data File (CPDF) 
maintained by OPM and exact substantive representations in agency 
manual or automated personnel information systems. These data elements 
include many of the above records along with handicap and race and 
national origin, pay, and performance information from other OPM and 
agency systems of records. A definitive list of CPDF data elements is 
contained in OPM's Operating Manuals, The Guide to Central Personnel 
Data File Reporting Requirements and The Guide to Personnel Data 
Standards.
    h. Records on the Senior Executive Service (SES) maintained by 
agencies for use in making decisions affecting incumbents of these 
positions, e.g., relating to sabbatical leave programs, reassignments, 
and details, that are perhaps unique to the SES and that may be filed 
in the employee's OPF. These records may also serve as the basis for 
reports submitted to OPM for implementing OPM's oversight 
responsibilities concerning the SES.
    i. Records on an employee's activities on behalf of the recognized 
labor organization representing agency employees, including accounting 
of official time spent and documentation in support of per diem and 
travel expenses.

    Note 4: Alternatively, such records may be retained by an agency 
payroll office and thus be subject to the agency's internal Privacy 
Act system for payroll records. The OPM/GOVT-1 system does not cover 
general agency payroll records.

    j. To the extent that the records listed here are also maintained 
in an agency electronic personnel or microform records system, those 
versions of these records are considered to be covered by this system 
notice. Any additional copies of these records (excluding performance 
ratings of record and conduct-related documents maintained by first 
line supervisors and managers covered by the OPM/GOVT-2 system) 
maintained by agencies at field/administrative offices remote from 
where the original records exist are considered part of this system.

    Note 5: It is not the intent of OPM to limit this system of 
records only to those records physically within the OPF. Records may 
be filed in other folders located in offices other than where the 
OPF is located. Further, as indicated in the records location 
section, some of these records may be duplicated for maintenance at 
a site closer to where the employee works (e.g., in an 
administrative office or supervisors work folder) and still be 
covered by this system. In addition, a working file that a 
supervisor or other agency official is using that is derived from 
OPM/GOVT-1 is covered by this system notice. This system also 
includes working files derived from this notice that management is 
using in its personnel management capacity.

    k. Records relating to designations for lump sum death benefits.
    l. Records relating to classified information nondisclosure 
agreements.
    m. Records relating to the Thrift Savings Plan (TSP) concerning the 
starting, changing, or stopping of contributions to the TSP as well as 
the how the individual wants the investments to be made in the various 
TSP Funds.
    n. Records contained in the Enterprise Human Resources Integration 
(EHRI) data warehouse (including the Central Employee Record, the 
Business Intelligence file that provide resources to obtain career 
summaries, and the electronic Official Personnel Folder (eOPF)) 
maintained by OPM and exact substantive representations in agency 
manual or automated personnel information systems. These data elements 
include many of the above records along with additional human resources 
information such as training, payroll and performance information from 
other OPM and agencies systems of records. A definitive list of EHRI 
data elements is contained in OPM's Guide to Human Resources Reporting 
and The Guide to Personnel Data Standards.

Authority for Maintenance of the System includes the following with any 
revisions or amendments:
    5 U.S.C. 1302, 2951, 3301, 3372, 4118, 8347, and Executive Orders 
9397, 9830, and 12107.

Purposes:
    The OPF and other general personnel records files are the official 
repository of the records, reports of personnel actions, and the 
documentation required in connection with these actions effected during 
an employee's Federal service. The personnel action reports and other 
documents, some of which are filed as long-term records in the OPF, 
give legal force and effect to personnel transactions and establish 
employee rights and benefits under pertinent laws and regulations 
governing Federal employment.
    These files and records are maintained by OPM and agencies for the 
OPM in accordance with OPM regulations and instructions. They provide 
the basic source of factual data about a person's Federal employment 
while in the service and after his or her separation. Records in this 
system have various uses by agency personnel offices, including 
screening qualifications of employees; determining status, eligibility, 
and employee's rights and benefits under pertinent laws and regulations 
governing Federal employment; computing length of service; and other 
information needed to provide personnel services. These records and 
their automated or microform equivalents may also be used to locate 
individuals for personnel research.

Routine Uses of Records Maintained in the Systems, Including Categories 
of Users and the Purposes of Such Uses:
    These records and information in these records may be used--
    a. To disclose information to Government training facilities 
(Federal, State, and local) and to non-Government training facilities 
(private vendors of

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training courses or programs, private schools, etc.) for training 
purposes.
    b. To disclose information to education institutions on appointment 
of a recent graduate to a position in the Federal service, and to 
provide college and university officials with information about their 
students working in the Student Career Experiment Program, Volunteer 
Service, or other similar programs necessary to a student's obtaining 
credit for the experience gained.
    c. To disclose information to officials of foreign governments for 
clearance before a Federal employee is assigned to that country.
    d. To disclose information to the Department of Labor, Department 
of Veterans Affairs, Social Security Administration, Department of 
Defense, or any other Federal agencies that have special civilian 
employee retirement programs; or to a national, State, county, 
municipal, or other publicly recognized charitable or income security 
administration agency (e.g., State unemployment compensation agencies), 
when necessary to adjudicate a claim under the retirement, insurance, 
unemployment, or health benefits programs of the OPM or an agency cited 
above, or to an agency to conduct an analytical study or audit of 
benefits being paid under such programs.
    e. To disclose information necessary to the Office of Federal 
Employees Group Life Insurance to verify election, declination, or 
waiver of regular and/or optional life insurance coverage, eligibility 
for payment of a claim for life insurance, or to TSP election change 
and designation of beneficiary.
    f. To disclose, to health insurance carriers contracting with OPM 
to provide a health benefits plan under the Federal Employees Health 
Benefits Program, information necessary to identify enrollment in a 
plan, to verify eligibility for payment of a claim for health benefits, 
or to carry out the coordination or audit of benefit provisions of such 
contracts.
    g. To disclose information to a Federal, State, or local agency for 
determination of an individual's entitlement to benefits in connection 
with Federal Housing Administration programs.
    h. To consider and select employees for incentive awards and other 
honors and to publicize those granted. This may include disclosure to 
other public and private organizations, including news media, which 
grant or publicize employee recognition.
    i. To consider employees for recognition through quality-step 
increases, and to publicize those granted. This may include disclosure 
to other public and private organizations, including news media, which 
grant or publicize employee recognition.
    j. To disclose information to officials of labor organizations 
recognized under 5 U.S.C. chapter 71 when relevant and necessary to 
their duties of exclusive representation concerning personnel policies, 
practices, and matters affecting working conditions.

    Note 6: The release of updated home addresses of all bargaining 
unit employees to labor organizations recognized under 5 U.S.C. 
chapter 71 from an accurate internal system of records is necessary 
for full and proper discussion, understanding, and negotiation of 
subjects within the scope of collective bargaining under 5 U.S.C. 
7114(b)(4). OPM has determined that retrieval of home addresses from 
OPM/GOVT-1 or any other system of records administered by OPM would 
yield a great deal of inaccurate information because the home 
addresses are not regularly updated, and frequently are inaccurate. 
Consequently, the release of the home addresses from this system 
would not serve the purpose of the disclosure, namely, the 
furnishing of correct and useful information. Use of this system, 
which is not wholly automated, would require an inordinate amount of 
time to locate information that was not requested, namely, 
inaccurate home addresses. Accordingly, home addresses will not be 
released from OPM/GOVT-1 or any other system administered by OPM, 
but should be released from an accurate internal system. OPM's 
internal system of records, which is clearly the most accurate 
repository of the home address of OPM employees, will be utilized to 
accomplish this release of information. See Federal Register of 
March 8, 1996 (61 FR 9510).

    k. 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, when 
the disclosing agency becomes aware of an indication of a violation or 
potential violation of civil or criminal law or regulation.
    l. To disclose information 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 an agency decision to hire or retain an 
employee, issue a security clearance, conduct a security or suitability 
investigation of an individual, classify jobs, let a contract, or issue 
a license, grant, or other benefits.
    m. To disclose to a Federal agency in the executive, legislative, 
or judicial branch of Government, in response to its request, or at the 
initiation of the agency maintaining the records, information in 
connection with the hiring of an employee, the issuance of a security 
clearance, the conducting of a security or suitability investigation of 
an individual, the classifying of jobs, the letting of a contract, the 
issuance of a license, grant, or other benefits by the requesting 
agency, or the lawful statutory, administrative, or investigative 
purpose of the agency to the extent that the information is relevant 
and necessary to the requesting agency's decision.
    n. To disclose information 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.
    o. 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 the individual.
    p. 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.
    q. To disclose information to the Department of Justice, or in a 
proceeding before a court, adjudicative body, or other administrative 
body before which the agency is authorized to appear, when:
    1. The agency, or any component thereof; or
    2. Any employee of the agency in his or her official capacity; or
    3. Any employee of the agency in his or her individual capacity 
where the Department of Justice or the agency has agreed to represent 
the employee; or
    4. The United States, when the agency determines that litigation is 
likely to affect the agency 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 agency is deemed by the 
agency 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.
    r. By the National Archives and Records Administration in records 
management inspections and its role as Archivist.
    s. By the agency maintaining the records or by the OPM to locate 
individuals for personnel research or survey response, and in the 
production of summary descriptive statistics and analytical studies in 
support of the

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function for which the records are collected and maintained, or for 
related workforce studies. While published statistics and 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.
    t. To provide an official of another Federal agency information 
needed in the performance of official duties related to reconciling or 
reconstructing data files, in support of the functions for which the 
records were collected and maintained.
    u. When an individual to whom a record pertains is mentally 
incompetent or under other legal disability, information in the 
individual's record may be disclosed to any person who is responsible 
for the care of the individual, to the extent necessary to assure 
payment of benefits to which the individual is entitled.
    v. To disclose to the agency-appointed representative of an 
employee all notices, determinations, decisions, or other written 
communications issued to the employee in connection with an examination 
ordered by the agency under fitness-for-duty examination procedures.
    w. To disclose, in response to a request for discovery or for 
appearance of a witness, information that is relevant to the subject 
matter involved in a pending judicial or administrative proceeding.
    x. To disclose to a requesting agency, organization, or individual 
the home address and other relevant information on those individuals 
who it reasonably believed might have contracted an illness or might 
have been exposed to or suffered from a health hazard while employed in 
the Federal workforce.
    y. To disclose specific civil service employment information 
required under law by the Department of Defense on individuals 
identified as members of the Ready Reserve to assure continuous 
mobilization readiness of Ready Reserve units and members, and to 
identify demographic characteristics of civil service retirees for 
national emergency mobilization purposes.
    z. To disclose information to the Department of Defense, National 
Oceanic and Atmospheric Administration, U.S. Public Health Service, 
Department of Veterans Affairs, and the U.S. Coast Guard needed to 
effect any adjustments in retired or retained pay required by the dual 
compensation provisions of section 5532 of title 5, United States Code.
    aa. To disclose information to the Merit Systems Protection Board 
or the Office of the Special Counsel in connection with appeals, 
special studies of the civil service and other merit systems, review of 
OPM rules and regulations, investigation of alleged or possible 
prohibited personnel practices, and such other functions promulgated in 
5 U.S.C. chapter 12, or as may be authorized by law.
    bb. To disclose information to the Equal Employment Opportunity 
Commission when requested in connection with investigations of alleged 
or possible discrimination practices in the Federal sector, examination 
of Federal affirmative employment programs, compliance by Federal 
agencies with the Uniform Guidelines on Employee Selection Procedures, 
or other functions vested in the Commission.
    cc. To disclose information to the Federal Labor Relations 
Authority (including its General Counsel) when requested in connection 
with investigation and resolution of allegations of unfair labor 
practices, in connection with the resolution of exceptions to 
arbitrator's awards when a question of material fact is raised, to 
investigate representation petitions and to conduct or supervise 
representation elections, and in connection with matters before the 
Federal Service Impasses Panel.
    dd. To disclose to prospective non-Federal employers, the following 
information about a specifically identified current or former Federal 
employee:
    (1) Tenure of employment;
    (2) Civil service status;
    (3) Length of service in the agency and the Government; and
    (4) When separated, the date and nature of action as shown on the 
Notification of Personnel Action--Standard Form 50 (or authorized 
exception).
    ee. To disclose information on employees of Federal health care 
facilities to private sector (i.e., other than Federal, State, or local 
government) agencies, boards, or commissions (e.g., the Joint 
Commission on Accreditation of Hospitals). Such disclosures will be 
made only when the disclosing agency determines that it is in the 
Government's best interest (e.g., to comply with law, rule, or 
regulation, to assist in the recruiting of staff in the community where 
the facility operates or to avoid any adverse publicity that may result 
from public criticism of the facility's failure to obtain such 
approval, or to obtain accreditation or other approval rating). 
Disclosure is to be made only to the extent that the information 
disclosed is relevant and necessary for that purpose.
    ff. To disclose information to any member of an agency's 
Performance Review Board or other panel when the member is not an 
official of the employing agency; information would then be used for 
approving or recommending selection of candidates for executive 
development or SES candidate programs, issuing a performance rating of 
record, issuing performance awards, nominating for meritorious and 
distinguished executive ranks, and removal, reduction-in-grade, and 
other personnel actions based on performance.
    gg. To disclose, either to the Federal Acquisition Institute (FAI) 
or its agent, information about Federal employees in procurement 
occupations and other occupations whose incumbents spend the 
predominant amount of their work hours on procurement tasks; provided 
that the information shall only be used for such purposes and under 
such conditions as prescribed by the notice of the Federal Acquisition 
Personnel Information System as published in the Federal Register of 
February 7, 1980 (45 FR 8399).
    hh. To disclose relevant information with personal identifiers of 
Federal civilian employees whose records are contained in the Central 
Personnel Data File to authorized Federal agencies and non-Federal 
entities for use in computer matching. The matches will be performed to 
help eliminate waste, fraud, and abuse in Governmental programs; to 
help identify individuals who are potentially in violation of civil or 
criminal law or regulation; and to collect debts and overpayments owed 
to Federal, State, or local governments and their components. The 
information disclosed may include, but is not limited to, the name, 
social security number, date of birth, sex, annualized salary rate, 
service computation date of basic active service, veteran's preference, 
retirement status, occupational series, health plan code, position 
occupied, work schedule (full time, part time, or intermittent), agency 
identifier, geographic location (duty station location), standard 
metropolitan service area, special program identifier, and submitting 
office number of Federal employees.
    ii. To disclose information to Federal, State, local, and 
professional licensing boards, Boards of Medical Examiners, or to the 
Federation of State Medical Boards or a similar non-government entity 
which maintains records concerning individuals' employment histories or 
concerning the issuance,

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retention or revocation of licenses, certifications or registration 
necessary to practice an occupation, profession or specialty, to obtain 
information relevant to an Agency decision concerning the hiring, 
retention, or termination of an employee or to inform a Federal agency 
or licensing boards or the appropriate non-government entities about 
the health care practices of a terminated, resigned or retired health 
care employee whose professional health care activity so significantly 
failed to conform to generally accepted standards of professional 
medical practice as to raise reasonable concern for the health and 
safety of patients in the private sector or from another Federal 
agency.
    jj. To disclose information to contractors, grantees, or volunteers 
performing or working on a contract, service, grant, cooperative 
agreement, or job for the Federal Government.
    kk. To disclose information to a Federal, State, or local 
governmental entity or agency (or its agent) when necessary to locate 
individuals who are owed money or property either by a Federal, State, 
or local agency, or by a financial or similar institution.
    ll. To disclose to a spouse or dependent child (or court-appointed 
guardian thereof) of a Federal employee enrolled in the Federal 
Employees Health Benefits Program, upon request, whether the employee 
has changed from a self-and-family to a self-only health benefits 
enrollment.
    mm. To disclose information to the Office of Child Support 
Enforcement, Administration for Children and Families, Department of 
Health and Human Services, Federal Parent Locator System and Federal 
Offset System for use in locating individuals, verifying social 
security numbers, and identifying their incomes sources to establish 
paternity, establish and modify orders of support and for enforcement 
action.
    nn. To disclose records on former Panama Canal Commission employees 
to the Republic of Panama for use in employment matters.
    oo. To disclose to appropriate Federal officials pertinent 
workforce information for use in national or homeland security 
emergency/disaster response.

Policies and Practices of Storing, Retrieving, Safeguarding, and 
Retaining and Disposing of Records in the System:
Storage:
    These records are maintained in file folders, on lists and forms, 
microfilm or microfiche, and in computer processable storage media such 
as personnel system databases and PDF forms.

Retrievability:
    These records are retrieved by various combinations of name, 
agency, birth date, social security number, or identification number of 
the individual on whom they are maintained.

Safeguards:
    Paper or microfiche/microfilmed records are located in locked metal 
file cabinets or in secured rooms with access limited to those 
personnel whose official duties require access. Access to computerized 
records are limited, through use of user logins and passwords, access 
codes, and entry logs, to those whose official duties require access. 
Computerized records systems follow the National Institute of Standards 
and Technology standards as developed to comply with the Privacy Act of 
1974 (Pub. L. 93-579), Paperwork Reduction Act of 1995 (Pub. L. 104-
13), Federal Information Security Management Act of 2002 (Pub. L. 107-
347), and the Federal Information Processing Standards 199, Standards 
for Security Categorization of Federal Information and Information 
Systems.

Retention and Disposal:
    The OPF is maintained for the period of the employee's service in 
the agency and is then transferred to the National Personnel Records 
Center for storage or, as appropriate, to the next employing Federal 
agency. Other records are either retained at the agency for various 
lengths of time in accordance with the National Archives and Records 
Administration records schedules or destroyed when they have served 
their purpose or when the employee leaves the agency.
    a. Long-term records. The OPF is maintained by the employing agency 
as long as the individual is employed with that agency.
    Within 90 days after the individual separates from the Federal 
service, the OPF is sent to the National Personnel Records Center for 
long-term storage. In the case of administrative need, a retired 
employee, or an employee who dies in service, the OPF is sent to the 
Records Center within 120 days.
    Destruction of the OPF is in accordance with General Records 
Schedule-1 (GRS-1).
    b. Other records. Other records are retained for varying periods of 
time. Generally they are maintained for a minimum of 1 year or until 
the employee transfers or separates.
    c. Records contained on computer processable media within the CPDF 
and EHRI (and in agency's automated personnel records) may be retained 
indefinitely as a basis for longitudinal work history statistical 
studies. After the disposition date in GRS-1, such records should not 
be used in making decisions concerning employees.

System Manager and Address:
    a. Deputy Associate Director, Center for HR Systems Requirements 
and Strategies, Room 6H31, U.S. Office of Personnel Management, 1900 E 
Street, NW., Washington, DC 20415.
    b. For current Federal employees, OPM has delegated to the 
employing agency the Privacy Act responsibilities concerning access, 
amendment, and disclosure of the records within this system notice.

Notification Procedure:
    Individuals wishing to inquire whether this system of records 
contains information about them should contact the appropriate OPM or 
employing agency office, as follows:
    a. Current Federal employees should contact the Personnel Officer 
or other responsible official (as designated by the employing agency), 
of the local agency installation at which employed regarding records in 
this system.
    b. Former Federal employees who want access to their Official 
Personnel Folders should contact the National Personnel Records Center 
(Civilian), 111 Winnebago Street, St. Louis, Missouri 63118, regarding 
the records in this system. For other records covered by the system 
notice, individuals should contact their former employing agency.
    Individuals must furnish the following information for their 
records to be located and identified:
    a. Full name.
    b. Date of birth.
    c. Social security number.
    d. Last employing agency (including duty station) and approximate 
date(s) of the employment (for former Federal employees).
    e. Signature.

Record Access Procedure:
    Individuals wishing to request access to their records should 
contact the appropriate OPM or agency office, as specified in the 
Notification Procedure section. Individuals must furnish the following 
information for their records to be located and identified:
    a. Full name(s).
    b. Date of birth.
    c. Social security number.
    d. Last employing agency (including duty station) and approximate 
date(s) of employment (for former Federal employees).
    e. Signature.
    Individuals requesting access must also comply with the Office's 
Privacy

[[Page 35347]]

Act regulations on verification of identity and access to records (5 
CFR part 297).

Contesting Record Procedure:
    Current employees wishing to request amendment of their records 
should contact their current agency. Former employees should contact 
the system manager. Individuals must furnish the following information 
for their records to be located and identified.
    a. Full name(s).
    b. Date of birth.
    c. Social security number.
    d. Last employing agency (including duty station) and approximate 
date(s) of employment (for former Federal employees).
    e. Signature.
    Individuals requesting amendment must also comply with the Office's 
Privacy Act regulations on verification of identity and amendment of 
records (5 CFR part 297).

Record Source Categories:
    Information in this system of records is provided by--
    a. The individual on whom the record is maintained.
    b. Educational institutions.
    c. Agency officials and other individuals or entities.
    d. Other sources of information for long-term records maintained in 
an employee's OPF, in accordance with Code of Federal Regulations part 
293, and OPM's Operating Manual, ``The Guide to Personnel 
Recordkeeping.''
OPM/GOVT-2

System Name:
    Employee Performance File System Records.

System Location:
    Records maintained in this system may be located as follows:
    a. In an Employee Performance File (EPF) maintained in the agency 
office responsible for maintenance of the employee's Official Personnel 
Folder (OPF) or other agency-designated office. This includes those 
instances where the agency uses an envelope within the OPF in lieu of a 
separate EPF folder.
    b. In the EPF of Senior Executive Service (SES) appointees where 
the agency elects to have the file maintained by the Performance Review 
Boards required by 5 U.S.C. 4314(c)(1), or the administrative office 
supporting the Board.
    c. In any supervisor/manager's work folder maintained in the office 
by the employee's immediate supervisor/manager or, where agencies have 
determined that records management is better served, in such folders 
maintained for supervisors/managers in a central administrative office.
    d. In an agency's electronic personnel records system.
    e. In an agency microformed EPF.

    Note 1: Originals or copies of records covered by this system 
may be located in more than one location, but if they become part of 
an agency internal system (e.g., administrative or negotiated 
grievance file), those copies then would be subject to the agency's 
internal Privacy Act implementation guidance regarding their use 
within the agency's system.


    Note 2: The records in this system are `owned' by the Office of 
Personnel Management (OPM) and should be provided to those Office 
employees who have an official need or use for those records. 
Therefore, if an employing agency is asked by an OPM employee for 
access to the records within this system, such a request should be 
honored.

Categories of Individuals Covered by the System:
    Current and former Federal employees (including SES appointees).

Categories of Records in the System:
    Records in this system, wherever they are maintained, may include 
any or all of the following:
    a. Annual summary performance ratings of record issued under 
employee appraisal systems and any document that indicates that the 
rating is being challenged under administrative procedures (e.g., when 
the employee files a grievance on the rating received).
    b. A document (either the summary rating form itself or a form 
affixed to it) that identifies the job elements and the standards for 
those elements upon which the rating is based.
    c. Supporting documentation for employee ratings of records, as 
required by agency rating systems or implementing instructions, and 
which may be filed physically with the rating of record (e.g., 
productivity and quality control records, records of employee 
counseling, individual development plans, or other such records as 
specified in agency issuances) and maintained, for example in a work 
folder by supervisors/managers at the work site.
    d. Records on SES appraisals generated by Performance Review 
Boards, including statements of witnesses and transcripts of hearings.
    e. Written recommendations for awards, removals, demotions, denials 
of within-grade increases, reassignments, training, pay increases, cash 
bonuses, or other performance-based actions (e.g., nominations of SES 
employees for Meritorious or Distinguished Executive), including 
supporting documentation.
    f. Statements made (letter on or appended to the performance rating 
document) by the employee (e.g., a statement of disagreement with the 
rating or recommendation), in accordance with agency performance plans 
and implementing instructions, regarding a rating given and any 
recommendations made based on them.

    Note 3: When a recommendation by a supervisor/manager or a 
statement made by the employee regarding the rating issued (or a 
copy) becomes part of another Governmentwide system or internal 
agency file (e.g., an SF 52 when the action is effected or when 
documents or statements of disagreement are placed in a grievance 
file), that document then becomes subject to that system's notice 
and appropriate OPM or employing agency Privacy Act requirements, 
respectively, for the system of records covering that file.

    g. Records created by Executive Resource Boards regarding 
performance of an individual in an executive development program.
    h. Records concerning performance during the supervisory or 
managerial probationary period, the SES appointment probationary 
period, or the employee's initial period of probation after 
appointment.
    i. Notices of commendations, recommendations for training, such as 
an Individual Development Plan, and advice and counseling records that 
are based on work performance.
    j. Copies of supervisory ratings used in considering employees for 
promotion or other position changes originated in conjunction with 
agency merit promotion programs when specifically authorized for 
retention in the EPF or work folder.
    k. Performance-related material that may be maintained in the work 
folder to assist the supervisor/manager in accurately assessing 
employee performance. Such material may include transcripts of 
employment and training history, documentation of special licenses, 
certificates, or authorizations necessary in the performance of the 
employee duties, and other such records that agencies determine to be 
appropriate for retention in the work folder.
    l. Standard Form 7B cards. (While the use of the SF 7B Card system 
was cancelled effective December 31, 1992, this system notice will 
cover any of those cards still in existence.)


    Note 4: To the extent that performance records covered by this 
system are maintained in either an EPF, supervisor/manager work 
folder, or an agency's electronic or microform record system, they 
are considered covered under this system of records. Further, when 
copies of records filed

[[Page 35348]]

in the employee's OPF are maintained as general records related to 
performance (item k above), those records are to be considered as 
being covered by this system and not the OPM/GOVT-1 system.


    This notice does not cover these records (or copies) when they 
become part of a grievance file or a 5 CFR parts 432, 752, or 754 file 
(documents maintained in these files are covered by the OPM/GOVT-3 
system of records, while grievance records are covered under an agency-
specific system), or when they become part of an appeal or 
discrimination complaint file as such documents are considered to be 
part of either the system of appeal records under the control of the 
Merit Systems Protection Board (MSPB) or discrimination complaints 
files under the control of the Equal Employment Opportunity Commission 
(EEOC).
    When an agency retains copies of records from this system in 
another system of records, not covered by this or another OPM, MSPB, or 
EEOC Government-wide system notice, the agency is solely responsible 
for responding to any Privacy Act issues raised concerning these 
documents.
    The Office has adopted a position that when supervisors/managers 
retain personal ``supervisory'' notes, i.e., information on employees 
that the agency exercises no control and does not require or 
specifically describe in its performance system, which remain solely 
for the personal use of the author and are not provided to any other 
person, and which are retained or discarded at the author's sole 
discretion, such notes are not subject to the Privacy Act and are, 
therefore, not considered part of this system. Should an agency choose 
to adopt a position that such notes are subject to the Act, that agency 
is solely responsible for dealing with Privacy Act matters, including 
the requisite system notice, concerning them.

Authority for Maintenance of the System:
    Sections 1104, 3321, 4305, and 5405 of title 5, U.S. Code, and 
Executive Order 12107.

Purpose:
    These records are maintained to ensure that all appropriate records 
on an employee's performance are retained and are available (1) To 
agency officials having a need for the information; (2) to employees; 
(3) to support actions based on the records; (4) for use by the OPM in 
connection with its personnel management evaluation role in the 
executive branch; and (5) to identify individuals for personnel 
research.

Routine Uses of Records Maintained in the System, Including Categories 
of Users and the Purpose of Such Uses:
    a. To disclose information to the Merit Systems Protection Board or 
the Office of Special Counsel in connection with appeals, special 
studies of the civil service and other merit systems, review of Office 
rules and regulations, investigations of alleged or possible prohibited 
personnel practices, and other functions as promulgated in 5 U.S.C. 
chapter 12, or for such other functions as may be authorized by law.
    b. To disclose information to the EEOC when requested in connection 
with investigations into alleged or possible discrimination practices 
in the Federal sector, examination of Federal Affirmative Action 
programs, compliance by Federal agencies with the Uniform Guidelines on 
Employee Selection Procedures, or other functions vested in the 
Commission.
    c. To disclose information to the Federal Labor Relations Authority 
(including its General Counsel) when requested in connection with the 
investigation and resolution of allegations of unfair labor practices, 
in connection with the resolution of exceptions to arbitrator's awards 
where a question of material fact is raised, and matters before the 
Federal Service Impasses Panel.
    d. To consider and select employees for incentive awards, quality-
step increases, merit increases and performance awards, or other pay 
bonuses, and other honors and to publicize those granted. This may 
include disclosure to public and private organizations, including news 
media, which grant or publicize employee awards or honors.
    e. To disclose information to an arbitrator to resolve disputes 
under a negotiated grievance procedure or to officials of labor 
organizations recognized under 5 U.S.C. chapter 71 when relevant and 
necessary to their duties of exclusive representation.
    f. To disclose to an agency in the executive, legislative, or 
judicial branch, or to the District of Columbia's government in 
response to its request, or at the initiation of the agency maintaining 
the records, information in connection with hiring or retaining of an 
employee; issuing a security clearance; conducting a security or 
suitability investigation of an individual; classifying jobs; letting a 
contract; issuing a license, grant, or other benefits by the requesting 
agency; or the lawful statutory, administrative, or investigative 
purposes of the agency to the extent that the information is relevant 
and necessary to the decision on the matter.
    g. To disclose, in response to a request for discovery or for 
appearance of a witness, information that is relevant to the subject 
matter involved in a pending judicial or administrative proceeding.
    h. To disclose information to a congressional office from the 
record or an individual in response to an inquiry from that 
congressional office made at the request of the individual.
    i. 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.
    j. To disclose information to the Department of Justice, or in a 
proceeding before a court, adjudicative body, or other administrative 
body before which the agency is authorized to appear, when:
    1. The agency, or any component thereof; or
    2. Any employee of the agency in his or her official capacity; or
    3. Any employee of the agency in his or her individual capacity 
where the Department of Justice or the agency has agreed to represent 
the employee; or
    4. The United States, when the agency determines that litigation is 
likely to affect the agency 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 agency is deemed by the 
agency 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.
    k. By the National Archives and Records Administration in records 
management inspections and its role as Archivist.
    l. By the OPM or employing agency to locate individuals for 
personnel research or survey response and in producing summary 
descriptive statistics and analytical studies to support the function 
for which the records are collected and maintained, or for related 
workforce studies. While published statistics and 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.
    m. To disclose pertinent information to the appropriate Federal, 
State, or local government agency responsible for investigating, 
prosecuting, enforcing, or

[[Page 35349]]

implementing a statute, rule, regulation, or order, where the agency 
maintaining the record becomes aware of an indication of a violation or 
potential violation of civil or criminal law or regulation.
    n. To disclose information to any member of an agency's Performance 
Review Board or other board or panel when the member is not an official 
of the employing agency. The information would then be used for 
approving or recommending performance awards, nominating for 
meritorious and distinguished executive ranks, and removal, reduction-
in-grade, and other personnel actions based on performance.
    o. To disclose to Federal, State, local, and professional licensing 
boards or Boards of Medical Examiners, when such records reflect on the 
qualifications of individuals seeking to be licensed.
    p. To disclose to contractors, grantees, or volunteers performing 
or working on a contract, service, grant, cooperative agreement, or job 
for the Federal Government.
    q. To disclose records on former Panama Canal Commission employees 
to the Republic of Panama for use in employment matters.

Policies and Practices for Storing, Retrieving, Safeguarding, Retaining 
and Disposing of Records in the System:
Storage:
    Records are maintained in file folders, envelopes, and on magnetic 
tapes, disks, microfilm, or microfiche.

Retrievability:
    Records are retrieved by the name and social security number of the 
individual on whom they are maintained.

Safeguards:
    Records are maintained in file folders or envelopes, on electronic 
media, magnetic tape, disks, or microforms and are stored in locked 
desks, metal filing cabinets, or in a secured room with access limited 
to those whose official duties require access. Additional safeguarding 
procedures include the use of sign-out sheets and restrictions on the 
number of employees able to access electronic records through use of 
access codes and logs.

Retention and Disposal:
    Records on former non-SES employees will generally be retained no 
longer than 1 year after the employee leaves his or her employing 
agency. Records on former SES employees may be retained up to 5 years 
under 5 U.S.C. 4314.
    a. Summary performance appraisals (and related records as the 
agency prescribes) on SES appointees are retained for 5 years and 
ratings of record on other employees for 4 years, except as shown in 
paragraph b. below, and are disposed of by shredding, burning, erasing 
of disks, or in accordance with agency procedures regarding destruction 
of personnel records, including giving them to the individual. When a 
non-SES employee transfers to another agency or leaves Federal 
employment, ratings of record and subsequent ratings (4 years old or 
less) are to be filed on the temporary side of the OPF and forwarded 
with the OPF.
    b. Ratings of unacceptable performance and related documents, 
pursuant to 5 U.S.C. 4303(d), are destroyed after the employee 
completes 1 year of acceptable performance from the date of the 
proposed removal or reduction-in-grade notice. (Destruction to be no 
later than 30 days after the year is up.)
    c. When a career appointee in the SES accepts a Presidential 
appointment pursuant to 5 U.S.C. 3392(c), the employee's performance 
folder remains active so long as the employee remains employed under 
the Presidential appointment and elects to have certain provisions of 5 
U.S.C. relating to the Service apply.
    d. When an incumbent of the SES transfers to another position in 
the Service, ratings and plans 5 years old or less shall be forwarded 
to the gaining agency with the individual's OPF.
    e. Some performance-related records (e.g., documents maintained to 
assist rating officials in appraising performance or recommending 
remedial actions or to show that the employee is currently licensed or 
certified) may be destroyed after 1 year.
    f. Where any of these documents are needed in connection with 
administrative or negotiated grievance procedures, or quasi-judicial or 
judicial proceedings, they may be retained as needed beyond the 
retention schedules identified above.
    g. Generally, agencies retain records on former employees for no 
longer than 1 year after the employee leaves.

    Note 5: When an agency retains an electronic or microform 
version of any of the above documents, retention of such records 
longer than shown is permitted (except for those records subject to 
5 U.S.C. 4303(d)) for agency use or for historical or statistical 
analysis, but only so long as the record is not used in a 
determination directly affecting the individual about whom the 
record pertains (after the manual record has been or should have 
been destroyed).

System Manager(s) and Address:
    a. Deputy Associate Director, Center for HR Systems Requirements 
and Strategies, Room 6H31, U.S. Office of Personnel Management, 1900 E 
Street, NW., Washington, DC 20415.
    b. For current Federal employees, OPM has delegated to the 
employing agency the Privacy Act responsibilities concerning access, 
amendment, and disclosure of the record within this system notice.

Notification Procedure:
    Individuals wishing to inquire whether this system contains 
information about them should contact their servicing personnel office, 
supervisor/manager, Performance Review Board office, or other agency 
designated office maintaining their performance-related records where 
they are or were employed. Individuals must furnish the following 
information for their records to be located and identified:
    a. Full name(s).
    b. Social Security number.
    c. Position occupied and unit where employed.

Records Access Procedure:
    Individuals wishing access to their records should contact the 
appropriate office indicated in the Notification Procedure section 
where they are or were employed. Individuals must furnish the following 
information for their records to be located and identified:
    a. Full name(s).
    b. Social security number.
    c. Position occupied and unit where employed.
    Individuals requesting access to records must also comply with the 
OPM's Privacy Act regulations on verification of identity and access to 
records (5 CFR part 297).

Contesting Record Procedure:
    Individuals wishing to request amendment to their records should 
contact the appropriate office indicated in the Notification Procedure 
section where they are or were employed. Individuals must furnish the 
following information for their records to be located and identified:
    a. Full name(s).
    b. Social security number.
    c. Position occupied and unit where employed.
    Individuals requesting amendment must also comply with the OPM's 
Privacy Act regulations on verification of identity and amendment of 
records (5 CFR part 297).

[[Page 35350]]

Records Source Categories:
    Records in this system are obtained from:
    a. Supervisors/managers.
    b. Performance Review Boards.
    c. Executive Resource Boards.
    d. Other individuals or agency officials.
    e. Other agency records.
    f. The individual to whom the records pertain.
OPM/GOVT-3

System Name:
    Records of Adverse Actions, Performance Based Reduction in Grade 
and Removal Actions, and Termination of Probationers.

System Location:
    These records are located in personnel or designated offices in 
Federal agencies in which the actions were processed.

Categories of Individuals Covered by the System:
    Current or former Federal employees (including Senior Executive 
Service (SES) employees) against whom such an action has been proposed 
or taken in accordance with 5 CFR parts 315 (subparts H and I), 432, 
752, or 754 of the Office's regulations.

Categories of Records in the System:
    This system contains records and documents on: (1) The processing 
of adverse actions, performance based reduction in grade and removal 
actions, and (2) the termination of employees serving initial 
appointment probation and return to their former grade of employees 
serving supervisory or managerial probation. The records include, as 
appropriate, copies of the notice of proposed action, materials relied 
on by the agency to support the reasons in the notice, replies by the 
employee, statements of witness, hearing notices, reports, and agency 
decisions.

    Note: This system does not include records, including the action 
file itself, compiled when such actions are appealed to the Merit 
Systems Protection Board (MSPB) or become part of a discrimination 
complaint record at the Equal Employment Opportunity Commission 
(EEOC). Such appeal and discrimination complaint file records are 
covered by the appropriate MSPB or EEOC system of records.

Authority for Maintenance of the System:
    5 U.S.C. 3321, 4303, 7504, 7514, and 7543.

Purpose(S):
    These records result from the proposal, processing, and 
documentation of these actions taken either by the OPM or by agencies 
against employees in accordance with 5 CFR parts 315 (subparts H and 
I), 432, 752, or 754 of the Office's regulations.

Routine Uses of Records Maintained in the System, Including Categories 
of Users and the Purposes of Such Uses:
    a. To provide information to officials of labor organizations 
recognized under 5 U.S.C. chapter 71 when relevant and necessary to 
their duties of exclusive representation concerning personnel policies, 
practices, and matters affecting work conditions.
    b. 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, when 
the disclosing agency becomes aware of an indication of a violation or 
potential violation of civil or criminal law or regulation.
    c. To disclose information to any source from which additional 
information is requested for processing any of the covered actions or 
in regard to any appeal or administrative review procedure, to the 
extent necessary to identify the individual, inform the source of the 
purpose(s) of the request, and identify the type of information 
requested.
    d. To disclose information to a Federal agency, in response to its 
request, in connection with hiring or retaining an employee, issuing a 
security clearance, conducting a security or suitability investigation 
of an individual, or classifying jobs, to the extent that the 
information is relevant and necessary to the requesting agency's 
decision on the matter.
    e. 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.
    f. 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.
    g. To disclose information to the Department of Justice, or in a 
proceeding before a court, adjudicative body, or other administrative 
body before which the agency is authorized to appear, when:
    1. The agency, or any component thereof; or
    2. Any employee of the agency in his or her official capacity; or
    3. Any employee of the agency in his or her individual capacity 
where the Department of Justice or the agency has agreed to represent 
the employee; or
    4. The United States, when the agency determines that litigation is 
likely to affect the agency 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 agency is deemed by the 
agency 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. By the National Archives and Records Administration in records 
management inspections and its role as Archivist.
    i. By the agency maintaining the records or the OPM to locate 
individuals for personnel research or survey response and in producing 
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 statistics and 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.
    j. To disclose, in response to a request for discovery or for 
appearance of a witness, information that is relevant to the subject 
matter involved in a pending judicial or administrative proceeding.
    k. To disclose information to the Merit Systems Protection Board or 
the Office of the Special Counsel 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, as promulgated in 5 
U.S.C. 1205 and 1206, and as specified in 5 U.S.C. 7503(c) and 5 U.S.C. 
7513(e), or as may be authorized by law.
    l. To disclose information to the EEOC when requested in connection 
with investigations into alleged or possible discrimination practices 
in the Federal sector, examination of Federal affirmative employment 
programs, compliance by Federal agencies with the Uniform Guidelines on 
Employee Selection Procedures, or other functions vested in the 
Commission.
    m. 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.

[[Page 35351]]

    n. To provide an official of another Federal agency information he 
or she needs to know in the performance of his or her official duties 
or reconciling or reconstructing data files, in support of the 
functions for which the records were collected and maintained.
    o. To disclose information to the Department of Labor, Department 
of Veterans Administration, Social Security Administration, Department 
of Defense, or any other Federal agencies that have special civilian 
employee retirement programs; or to a national, State, county, 
municipal, or other publicly recognized charitable or income security, 
administration agency (e.g., State unemployment compensation agencies), 
when necessary to adjudicate a claim under the retirement, insurance, 
unemployment, or health benefits programs of the Office or an agency to 
conduct an analytical study or audit of benefits being paid under such 
programs.
    p. To disclose to contractors, grantees, or volunteers performing 
or working on a contract, service, grant, cooperative agreement, or job 
for the Federal Government.

Policies and Practices for Storing, Retrieving, Safeguarding, and 
Retaining and Disposing of Records in the System:
Storage:
    These records are maintained in file folders, in automated media, 
or on microfiche or microfilm.

Retrievability:
    These records are retrieved by the names and social security number 
of the individuals on whom they are maintained.

Safeguards:
    These records are maintained in locked metal filing cabinets or in 
automated media to which only authorized personnel have access.

Retention and Disposal:
    Records documenting an adverse action, performance-based removal or 
demotion action, or covered actions against probationers are disposed 
of not sooner than four years nor later than seven years after the 
closing of the case in accordance with each agency's records 
disposition manual. Disposal is by shredding, or erasure of tapes 
(disks).

System Manager and Address:
    Deputy Associate Director, Center for HR Systems Requirements and 
Strategies, U.S. Office of Personnel Management, 1900 E Street, NW., 
Room 6H31, Washington, DC 20415.

Notification Procedure:
    Individuals receiving notice of a proposed adverse, removal, or 
demotion action must be provided access to all documents supporting the 
notice. At any time thereafter, individuals subject to the action will 
be provided access to the complete record. Individuals should contact 
the agency personnel or designated office where the action was 
processed regarding the existence of such records on them. They must 
furnish the following information for their records to be located and 
identified:
    a. Name.
    b. Date of birth.
    c. Approximate date of closing of the case and kind of action 
taken.
    d. Organizational component involved.

Record Access Procedure:
    Individuals against whom such actions are taken must be provided 
access to the record. However, after the action has been closed, an 
individual may request access to the official file by contacting the 
agency personnel or designated office where the action was processed. 
Individuals must furnish the following information for their records to 
be located and identified:
    a. Name.
    b. Date of birth.
    c. Approximate date of closing of the case and kind of action 
taken.
    d. Organizational component involved.
    Individuals requesting access must also follow the OPM's Privacy 
Act regulations on verification of identity and access to records (5 
CFR part 297).

Contesting Record Procedure:
    Review of requests from individuals seeking amendment of their 
records that have or could have been the subject of a judicial, quasi-
judicial, or administrative action will be limited in scope. Review of 
amendment requests of these records will be restricted to determining 
if the record accurately documents the action of the agency ruling on 
the case, and will not include a review of the merits of the action, 
determination, or finding.
    Individuals wishing to request amendment of their records to 
correct factual errors should contact the agency personnel or 
designated office where the actions were processed. Individuals must 
furnish the following information for their records to be located and 
identified:
    a. Name.
    b. Date of birth.
    c. Approximate date of closing of the case and kind of action 
taken.
    d. Organizational component involved.
    Individuals requesting amendment must also follow the OPM's Privacy 
Act regulations on verification of identity and amendment of records (5 
CFR part 297).

Record Source Categories:
    Information in this system of records is provided:
    a. By supervisors/managers.
    b. By the individual on whom the record is maintained.
    c. By testimony of witnesses.
    d. By other agency officials.
    e. By other agency records.
    f. From related correspondence from organizations or persons.
OPM/GOVT-4 [Reserved]

OPM/GOVT-5

System Name:
    Recruiting, Examining, and Placement Records.

System Location:
    Division for Strategic Human Resources Policy, Office of Personnel 
Management, 1900 E Street, NW., Washington, DC 20415, OPM regional and 
area offices; and personnel or other designated offices of Federal 
agencies that are authorized to make appointments and to act for the 
Office by delegated authority.

Categories of Individuals Covered by the System:
    a. Persons who have applied to the Office or agencies for Federal 
employment and current and former Federal employees submitting 
applications for other positions in the Federal service.
    b. Applicants for Federal employment believed or found to be 
unsuitable for employment on medical grounds.

Categories of Records in the System:
    In general, all records in this system contain identifying 
information including name, date of birth, social security number, and 
home address. These records pertain to assembled and unassembled 
examining procedures and contain information on both competitive 
examinations and on certain noncompetitive actions, such as 
determinations of time-in-grade restriction waivers, waiver of 
qualification requirement determinations, and variations in regulatory 
requirements in individual cases.
    This system includes such records as:
    a. Applications for employment that contain information on work and 
education, military service, convictions

[[Page 35352]]

for offenses against the law, military service, and indications of 
specialized training or receipt of awards or honors. These records may 
also include copies of correspondence between the applicant and the 
Office or agency.
    b. Results of written exams and indications of how information in 
the application was rated. These records also contain information on 
the ranking of an applicant, his or her placement on a list of 
eligibles, what certificates applicant's names appeared on, an agency's 
request for Office approval of the agency's objection to an eligible's 
qualifications and the Office's decision in the matter, an agency's 
request for Office approval for the agency to pass over an eligible and 
the Office's decision in the matter, and an agency's decision to 
object/pass over an eligible when the agency has authority to make such 
decisions under agreement with the Office.
    c. Records regarding the Office's final decision on an agency's 
decision to object/pass over an eligible for suitability or medical 
reasons or when the objection/pass over decision applies to a 
compensable preference eligible with 30 percent or more disability. 
(Does not include a rating of ineligibility for employment because of a 
confirmed positive test result under Executive Order 12564.)
    d. Responses to and results of approved personality or similar 
tests administered by the Office or agency.
    e. Records relating to rating appeals filed with the Office or 
agency.
    f. Registration sheets, control cards, and related documents 
regarding Federal employees requesting placement assistance in view of 
pending or realized displacement because of reduction in force, 
transfer or discontinuance of function, or reorganization.
    g. Records concerning non-competitive action cases referred to the 
Office for decision. These files include such records as waiver of 
time-in-grade requirements, decisions on superior qualification 
appointments, temporary appointments outside a register, and employee 
status determinations. Authority for making decisions on many of these 
actions has also been delegated to agencies. The records retained by 
the Office on such actions and copies of such files retained by the 
agency submitting the request to the Office, along with records that 
agencies maintain as a result of the Office's delegations of 
authorities, are considered part of this system of records.
    h. Records retained to support Schedule A appointments of severely 
physically handicapped individuals, retained both by the Office and 
agencies acting under the Office delegated authorities, are part of 
this system.
    i. Agency applicant supply file systems (when the agency retains 
applications, resumes, and other related records for hard-to-fill or 
unique positions, for future consideration), along with any pre-
employment vouchers obtained in connection with an agency's processing 
of an application, are included in this system.
    j. Records derived from the Office-developed or agency-developed 
assessment center exercises.
    k. Case files related to medical suitability determinations and 
appeals.
    l. Records related to an applicant's examination for use of illegal 
drugs under provisions of Executive Order 12564. Such records may be 
retained by the agency (e.g., evidence of confirmed positive test 
results) or by a contractor laboratory (e.g., the record of the testing 
of an applicant, whether negative, or confirmed or unconfirmed positive 
test result).

    Note 1: Only Routine Use `p' identified for this system of 
records is applicable to records relating to drug testing under 
Executive Order 12564. Further, such records shall be disclosed only 
to a very limited number of officials within the agency, generally 
only to the agency Medical Review Official (MRO), the administrator 
of the agency Employee Assistance Program, and any supervisory or 
management official within the employee's agency having authority to 
take the adverse personnel action against the employee.


    Note 2: OPM does not intend that records created by agencies in 
connection with the agency's Merit Promotion Plan program be 
included in the term `Applicant Supply File' as used within this 
notice. It is OPM's position that Merit Promotion Plan records are 
not a system of records within the meaning of the Privacy Act as 
such records are usually filed by a vacancy announcement number or 
some other key that is not a unique personnel identifier. Agencies 
may choose to consider such records as within the meaning of a 
system of records as used in the Privacy Act, but if they do so, 
they are solely responsible for implementing Privacy Act 
requirements, including establishment and notice of a system of 
records pertaining to such records.


    Note 3: To the extent that an agency utilizes an automated 
medium in connection with maintenance of records in this system, the 
automated versions of these records are considered covered by this 
system of records.

Authority for Maintenance of the System:
    5 U.S.C. 1302, 3109, 3301, 3302, 3304, 3305, 3306, 3307, 309, 3313, 
3317, 3318, 3319, 3326, 4103, 4723, 5532, and 5533, and Executive Order 
9397.

Purpose(s):
    The records are used in considering individuals who have applied 
for positions in the Federal service by making determinations of 
qualifications including medical qualifications, for positions applied 
for, and to rate and rank applicants applying for the same or similar 
positions. They are also used to refer candidates to Federal agencies 
for employment consideration, including appointment, transfer, 
reinstatement, reassignment, or promotion. Records derived from the 
Office-developed or agency-developed assessment center exercises may be 
used to determine training needs of participants. These records may 
also be used to locate individuals for personnel research.

Routine Uses of Records Maintained in the System, Including Categories 
of Users and the Purpose of Such Uses:

    Note 4: With the exception of Routine Use `p,' none of the Other 
Routine Uses identified for this system of records are applicable to 
records relating to drug testing under Executive Order 12564. 
Further, such records shall be disclosed only to a very limited 
number of officials within that agency, generally only to the agency 
Medical Review Officer (MRO), the administrator of the agency's 
Employee Assistance Program, and the management official empowered 
to recommend or take adverse action affecting the individual.

    a. To refer applicants, including current and former Federal 
employees to Federal agencies for consideration for employment, 
transfer, reassignment, reinstatement, or promotion.
    b. With the permission of the applicant, to refer applicants to 
State and local governments, congressional offices, international 
organizations, and other public offices for employment consideration.
    c. 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, when 
the disclosing agency becomes aware of an indication of a violation or 
potential violation of civil or criminal law or regulation.
    d. To disclose information to any source from which additional 
information is requested (to the extent necessary to identify the 
individual, inform the source of the purposes of the request, and to 
identify the type of information requested), when necessary to obtain 
information relevant to an agency decision concerning hiring or 
retaining an employee, issuing a security clearance, conducting a 
security or suitability investigation of an individual, classifying 
positions, letting

[[Page 35353]]

a contract, or issuing a license, grant or other benefit.
    e. To disclose information to a Federal agency, in response to its 
request, in connection with hiring or retaining an employee, issuing a 
security clearance, conducting a security or suitability investigation 
of an individual, classifying positions, letting a contract, or issuing 
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 in the matter.
    f. To disclose information 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.
    g. 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.
    h. 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 a judicial or administrative proceeding.
    i. To disclose information to the Department of Justice, or in a 
proceeding before a court, adjudicative body, or other administrative 
body before which the agency is authorized to appear, when:
    1. The agency, or any component thereof; or
    2. Any employee of the agency in his or her official capacity; or
    3. Any employee of the agency in his or her individual capacity 
where the Department of Justice or the agency has agreed to represent 
the employee; or
    4. The United States, when the agency determines that litigation is 
likely to affect the agency 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 agency is deemed by the 
agency 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.
    j. By the National Archives and Records Administration in records 
management inspections and its role as Archivist.
    k. By the agency maintaining the records or by the Office to locate 
individuals for personnel research or survey response or in producing 
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 statistics and 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.
    l. To disclose information to the Merit Systems Protection Board or 
the Office of the Special Counsel in connection with appeals, special 
studies of the civil service and other merit systems, review of Office 
rules and rules and regulations, investigations of alleged or possible 
prohibited personnel practices, and such other functions; e.g., as 
prescribed in 5 U.S.C. chapter 12, or as may be authorized by law.
    m. 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, 
examination of Federal affirmative employment programs, compliance by 
Federal agencies with the Uniform Guidelines or Employee Selection 
Procedures, or other functions vested in the Commission.
    n. 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.
    o. To disclose, in response to a request for discovery or for an 
appearance of a witness, information that is relevant to the subject 
matter involved in a pending judicial or administrative proceeding.
    p. To disclose the results of a drug test of a Federal employee 
pursuant to an order of a court of competent jurisdiction where 
required by the United States Government to defend against any 
challenge against any adverse personnel action.
    q. To disclose information to Federal, State, local, and 
professional licensing boards, Boards of Medical Examiners, or to the 
Federation of State Medical Boards or a similar non-government entity 
which maintains records concerning the issuance, retention, or 
revocation of licenses, certifications, or registration necessary to 
practice an occupation, profession, or specialty, in order to obtain 
information relevant to an agency decision concerning the hiring, 
retention, or termination of an employee or to inform a Federal agency 
or licensing board or the appropriate non-government entity about the 
health care practice of a terminated, resigned, or retired health care 
employee whose professional health care activity so significantly 
failed to conform to generally accepted standards of professional 
medical practice as to raise reasonable concern for the health and 
safety of patients in the private sector or from another Federal 
agency.
    r. To disclose information to contractors, grantees, or volunteers 
performing or working on a contract, service, grant, cooperative 
agreement, or job for the Federal Government.

Policies and Practices for Storing, Retrieving, Safeguarding, Retaining 
and Disposing of Records in the System:
Storage:
    Records are maintained on magnetic tapes, disk, punched cards, 
microfiche, cards, lists, and forms.

Retrievability:
    Records are retrieved by the name, date of birth, social security 
number, and/or identification number assigned to the individual on whom 
they are maintained.

Safeguards:
    Records are maintained in a secured area or automated media with 
access limited to authorized personnel whose duties require access.

Retention and Disposal:
    Records in this system are retained for varying lengths of time, 
ranging from a few months to 5 years, e.g., applicant records that are 
part of medical determination case files or medical suitability appeal 
files are retained for 3 years from completion of action on the case. 
Most records are retained for a period of 1 to 2 years. Some records, 
such as individual applications, become part of the person's permanent 
official records when hired, while some records (e.g., non-competitive 
action case files), are retained for 5 years. Some records are 
destroyed by shredding or burning while magnetic tapes or disks are 
erased.

System Manager(s) and Address:
    Deputy Associate Director, Center for HR Systems Requirements and 
Strategies, U.S. Office of Personnel Management, 1900 E Street, NW., 
Room 6H31, Washington, DC 20415.

Notification Procedure:
    Individuals wishing to inquire whether this system of records 
contains information about them should contact the agency or OPM where 
application was made or examination was taken. Individuals must provide 
the following information for their records to be located and 
identified:

[[Page 35354]]

    a. Name.
    b. Date of birth.
    c. Social security number.
    d. Identification number (if known).
    e. Approximate date of record.
    f. Title of examination or announcement with which concerned.
    g. Geographic area in which consideration was requested.

Record Access Procedure:
    Specific materials in this system have been exempted from Privacy 
Act provisions at 5 U.S.C. (c)(3) and (d), regarding access to records.
    The section of this notice titled ``Systems Exempted from Certain 
Provisions of the Act'' indicates the kind of material exempted and the 
reasons for exempting them from access. Individuals wishing to request 
access to their non-exempt records should contact the agency or the OPM 
where application was made or examination was taken. Individuals must 
provide the following information for their records to be located and 
identified:
    a. Name.
    b. Date of birth.
    c. Social security number.
    d. Identification number (if known).
    e. Approximate date of record.
    f. Title of examination or announcement with which concerned.
    g. Geographic area in which consideration was requested.
    Individuals requesting access must also comply with the OPM's 
Privacy Act regulations on verification of identity and access to 
records (5 CFR part 297).

Contesting Record Procedure:
    Specific materials in this system have been exempted from Privacy 
Act provisions at 5 U.S.C. 552a(d), regarding amendment of records. The 
section of this notice titled `Systems Exempted from Certain Provisions 
of the Act' indicates the kinds of material exempted and the reasons 
for exempting them from amendment. An individual may contact the agency 
or the Office where the application is filed at any time to update 
qualifications, education, experience, or other data maintained in the 
system.
    Such regular administrative updating of records should not be 
requested under the provisions of the Privacy Act. However, individuals 
wishing to request amendment of other records under the provisions of 
the Privacy Act should contact the agency or the OPM where the 
application was made or the examination was taken. Individuals must 
provide the following information for their records to be located and 
identified:
    a. Name.
    b. Date of birth.
    c. Social security number.
    d. Identification number (if known).
    e. Approximate date of record.
    f. Title of examination or announcement with which concerned.
    g. Geographic area in which consideration was requested.
    Individuals requesting amendment must also comply with the OPM's 
Privacy Act regulations on verification of identity and amendment of 
records (5 CFR part 297).

    Note 5: In responding to an inquiry or a request for access or 
amendment, resource specialists may contact the OPM's area office 
that provides examining and rating assistance for help in processing 
the request.

Record Source Categories:
    Information in this system of records comes from the individual to 
whom it applies or is derived from information the individual supplied, 
reports from medical personnel on physical qualifications, results of 
examinations that are made known to applicants, agencies, and OPM 
records, and vouchers supplied by references or other sources that the 
applicant lists or that are developed.

Systems Exempted from Certain Provisions of the Act:
    This system contains investigative materials that are used solely 
to determine the appropriateness of a request for approval of an 
objection to an eligible's qualifications for Federal civilian 
employment or vouchers received during the processing of an 
application. The Privacy Act, at 5 U.S.C. 552a(k)(5), permits an agency 
to exempt such investigative material from certain provisions of the 
Act, to the extent that release of the material to the individual whom 
the information is about would--
    a. Reveal the identity of a source who furnished information to the 
Government under an express promise (granted on or after September 27, 
1975) that the identity of the source would be held in confidence; or
    b. Reveal the identity of a source who, prior to September 27, 
1975, furnished information to the Government under an implied promise 
that the identity of the source would be held in confidence.
    This system contains testing and examination materials used solely 
to determine individual qualifications for appointment or promotion in 
the Federal service. The Privacy Act, at 5 U.S.C. 552a(k)(6), permits 
an agency to exempt all such testing or examination material and 
information from certain provisions of the Act, when disclosure of the 
material would compromise the objectivity or fairness of the testing or 
examination process. OPM has claimed exemptions from the requirements 
of 5 U.S.C. 552a(d), which relate to access to and amendment of 
records.
    The specific material exempted include, but are not limited to, the 
following
    a. Answer keys.
    b. Assessment center exercises.
    c. Assessment center exercise reports.
    d. Assessor guidance material.
    e. Assessment center observation reports.
    f. Assessment center summary reports.
    g. Other applicant appraisal methods, such as performance tests, 
work samples and simulations, miniature training and evaluation 
exercises, structured interviews, and their associated evaluation 
guides and reports.
    h. Item analyses and similar data that contain test keys and item 
response data.
    i. Ratings given for validating examinations.
    j. Rating schedules, including crediting plans and scoring formulas 
for other selection procedures.
    k. Rating sheets.
    l. Test booklets, including the written instructions for their 
preparation and automated versions of tests and related selection 
materials and their complete documentation.
    m. Test item files.
    n. Test answer sheets.
OPM/GOVT-6

System Name:
    Personnel Research and Test Validation Records.

System Location:
    Division for Human Resources Products & Services, Center for Talent 
Services, Room 6500, Office of Personnel Management, 1900 E Street, 
NW., Washington, DC 20415-9200; OPM's Service Centers, and agency 
personnel offices (or other designated offices) conducting personnel 
research.

Categories of Individuals Covered by the System:
    Current and former Federal employees, applicants for Federal 
employment, current and former State and local government employees, 
and applicants for State and local government employment, selected 
private sector employees, and applicants for sample comparison groups.

Categories of Records in the System:
    These records include information on education and employment 
history, test scores, responses to test items and

[[Page 35355]]

questionnaires, interview data, and ratings of supervisors regarding 
the individuals to whom the records pertain. Additional information 
(race, national origin, disability status, and background) is collected 
from applicants for certain examinations.

Authority for Maintenance of the System:
    5 U.S.C. 1303, 3301, and 4702.

Purpose(s):
    These records are collected, maintained, and used by the OPM or 
other Federal agencies for the construction, analysis, and validation 
of written tests and other assessment instruments used in personnel 
selection and appraisal, other assessment instruments used in personnel 
selection and appraisal, and for research on and evaluation of 
personnel/organizational management and staffing methods, including 
workforce effectiveness studies. Agencies and OPM may provide each 
other with data collected in support of these functions. Such research 
includes studies extending over a period of time (longitudinal 
studies). Private sector data are used in research only, to evaluate 
Federal study results against non-Federal comparison groups. Race and 
national origin data are used by OPM or other agencies to evaluate the 
role and effects of selection procedures in the total employee staffing 
process. Use of these race and national origin data is limited to such 
evaluation, oversight and research projects conducted by the employing 
agencies or the Office. The records may also be used by OPM or other 
Federal agencies to locate individuals for personnel research. Data are 
collected on a project-by-project basis under conditions assuring the 
confidentiality of the information. No personnel action or selection is 
made using these research records.

Routine Uses of Records Maintained in the System, Including Categories 
of Users and the Purposes of Such Uses:
    Under normal circumstances, no individually identifiable records 
will be provided. However, under those unusual circumstances when an 
individually identifiable record is required, proper safeguards will be 
maintained to protect the information collected from unwarranted 
invasion of personal privacy. Such protection must be specified in 
writing by the requester and, to the satisfaction of the agency 
official responsible for maintaining the data, indicate that the 
proposed use of the data is in compliance with the letter and spirit of 
the Privacy Act. Under these circumstances, the routine uses are as 
follows:
    a. By the OPM or employing agency maintaining the records to locate 
individuals for personnel research or survey responses and 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 
statistics and 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.
    b. To furnish personnel records and information to the Equal 
Employment Opportunity Commission for use in determining the existence 
of adverse impact in the total selection program, reviewing allegations 
of discrimination, or assessing the status of compliance with Federal 
law.
    c. To furnish information to the Merit Systems Protection Board or 
the Office of the Special Counsel in connection with actions by offices 
relating to allegations of discriminatory practices on the part of an 
agency or one of its employees.
    d. To disclose, in response to a request for discovery or for 
appearance of a witness, information that is relevant to the subject 
matter involved in a pending judicial or administrative proceeding.
    e. 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.
    f. To disclose information to the Department of Justice, or in a 
proceeding before a court, adjudicative body, or other administrative 
body before which the agency is authorized to appear, when:
    1. The agency, or any component thereof; or
    2. Any employee of the agency in his or her official capacity; or
    3. Any employee of the agency in his or her individual capacity 
where the Department of Justice or the agency has agreed to represent 
the employee; or
    4. The United States, where the agency determines that litigation 
is likely to affect the agency 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 agency is deemed by the 
agency 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.
    g. To provide information to a congressional office from the record 
of an individual in response to a request from that congressional 
office made at the request of that individual.
    h. To provide aggregate data to non-Federal organizations 
participating in workforce studies. These data will be limited to 
individuals associated with the organization requesting the data or to 
data aggregated for all organizations in a study.
    i. To disclose information to contractors, grantees, or volunteers 
performing or working on a contract, service, grant, cooperative 
agreement, or job for the Federal Government.
    j. To disclose research records to a court or other body in camera 
when tests and other assessment instruments are involved.

Policies and Practices for Storing, Retaining, Safeguarding, Retaining 
and Disposing of Records in the System:
Storage:
    These records are maintained in file folders, disks, magnetic tape, 
CD Rom, and optical disks.

Retrievability:
    Records are generally maintained by project. Personal information 
can be retrieved by name or personal identifier only for certain 
research projects such as those involving longitudinal studies.

Safeguards:
    Records are kept in locked files in a locked room with access 
limited to authorized staff. Access to tape, disk, and other files used 
in data processing will be only by authorized staff.

Retention and Disposal:
    Records are retained for 2 years after completion of the project 
unless needed in the course of litigation or other administrative 
actions involving a research or test validation survey. Records 
collected for longitudinal studies will be maintained indefinitely. 
Manual records are destroyed by shredding or burning and magnetic tapes 
and disks are erased.

System Manager(s) and Address:
    Deputy Associate Director, Center for HR Systems Requirements and 
Strategies, U.S. Office of Personnel Management, 1900 E Street, Room 
6H31, NW., Washington, DC 20415.

Notification Procedure:
    Individuals wishing to inquire whether this system of records 
contains

[[Page 35356]]

information about them should contact the system manager, the OPM 
regional office servicing the State where they are employed, or their 
employing agency's personnel office. Individuals must furnish the 
following information for their records to be located and identified:
    a. Full name.
    b. Date of birth.
    c. If known, the title, time, and/or place of the research study in 
which the individual participated.
    d. Social security number.
    e. Signature.

Record Access Procedure:
    Specific materials in this system have been exempted from Privacy 
Act provisions at 5 U.S.C. 552a(d), regarding access to records. The 
section of this notice titled ``Systems Exempted from Certain 
Provisions of the Act'' indicates the kinds of material exempted and 
the reasons for exempting them from access. Individuals wishing to 
request access to non-exempt records should contact the appropriate 
office listed in the Notification Procedure section. Individuals must 
furnish the following information for their records to be located and 
identified:
    a. Full name.
    b. Date of birth.
    c. If known, the title, time, and/or place of the research study in 
which the individual participated.
    d. Social security number.
    e. Signature.
    Individuals requesting access must also comply with the OPM's 
Privacy Act regulations on verification of identity and access to 
records (5 CFR part 297).

Contesting Record Procedure:
    Specific materials in this system have been exempted from Privacy 
Act provisions at 5 U.S.C. 552a(d) regarding amendment of records. The 
section of this notice titled `Systems Exempted from Certain Provisions 
of the Act' indicates the kinds of materials exempted and the reasons 
for exempting them from amendment. Individuals wishing to request 
amendment of any non-exempt records should contact the appropriate 
office listed in the Notification Procedure section. Individuals must 
furnish the following information for their records to be located and 
identified:
    a. Full name.
    b. Date of birth.
    c. If known, the title, time, and/or place of the research study in 
which the individual participated.
    d. Social security number.
    e. Signature.
    Individuals requesting amendment must also comply with the OPM's 
Privacy Act regulations on verification of identity and amendment of 
records (5 CFR part 297).

Record Source Categories:
    Individual applicants and employees; supervisors; assessment center 
assessors; and agency or Office personnel files and records (e.g., 
race, sex, national origin, and disability status data from OPM/GOVT-1 
and OPM/GOVT-7 systems of records).

Systems Exempted from Certain Provisions of the Act:
    This system contains testing and examination materials that are 
used solely to determine individual qualifications for appointment, 
career development, or promotion in the Federal service. The Privacy 
Act, at 5 U.S.C. 552a(k)(6), permits an agency to exempt all such 
testing and examination material and information from certain 
provisions of the Act, when the disclosure of the material would 
compromise the objectivity or fairness of the testing or examination 
process. OPM has claimed exemptions from the requirements of 5 U.S.C. 
552a(d), which relates to access to and amendment of records.
    This system contains records required to be maintained and used 
solely for statistical purposes. The Privacy Act, at 5 U.S.C. 
552a(k)(4), permits an agency to exempt all such statistical records 
from certain provisions of the Act, when the disclosure of the material 
would compromise the objectivity and fairness of these records. OPM has 
claimed exemptions from the requirements of 5 U.S.C. 552a(d), which 
relates to access to and amendment of records.
    The specific materials exempted include, but are not limited to, 
the following:
    a. Answer keys.
    b. Assessment center and interview exercises.
    c. Assessment center and interview exercise reports.
    d. Assessor guidance material.
    e. Assessment center observation reports.
    f. Assessment center and interview summary reports.
    g. Other applicant appraisal methods, such as performance tests, 
work samples and simulations, miniature training and evaluation 
exercises, interviews, and reports.
    h. Item analyses and similar data that contain test keys and item 
response data.
    i. Ratings given for validating examinations.
    j. Rating schedules, including crediting plans and scoring formulas 
for other selection procedures.
    k. Ratings sheets.
    l. Test booklets, including the written instructions for their 
preparation and automated versions of tests and related selection 
materials and their complete documentation.
    m. Test item files.
    n. Test answer sheets.
    o. Those portions of research and development files that could 
specifically reveal the contents of the above exempt documents.
    p. Performance appraisals for research purposes.
OPM/GOVT-7

System Name:
    Applicant Race, Sex, National Origin, and Disability Status 
Records:

System Location:
    Records in this system may be located in the following offices:
    a. Division for Strategic Human Resources Policy, Office of 
Personnel Management, 1900 E Street, NW., Washington, DC 20415.
    b. Division for Management and Chief Financial Officer, Center for 
Equal Employment Opportunity, Office of Personnel Management, 1900 E 
Street, NW., Washington, DC 20415.
    c. OPM's Service Centers, and any register-holding offices under 
the jurisdiction of the Service Center.

Categories of Individuals Covered by the System:
    Current and former Federal employees and individuals who have 
applied for Federal employment, including:
    a. Applicants for examinations administered either by OPM or by 
employing agencies.
    b. Applicants on registers or in inventories by OPM and subject to 
its regulations.
    c. Applicants for positions in agencies having direct hiring 
authority and using their own examining procedures in compliance with 
OPM regulations.
    d. Applicants whose records are retained in an agency's Equal 
Opportunity Recruitment file (including any file an agency maintains on 
current employees from under-represented groups).
    e. Applicants (including current and former Federal employees) who 
apply for vacancies announced under an agency's merit promotion plan.

Categories of Records in the System:
    The records include the individual's name; social security number; 
date of birth; statement of major field of study; type of current or 
former Federal employment status (e.g., career or

[[Page 35357]]

temporary); applications showing work and education experience; and 
race, sex, national origin, and disability status data.

    Note: The race and national origin information in this system is 
obtained by three alternative methods: (1) Use of an agency's OMB 
approved form on which individuals identify themselves as to race 
and national origin; (2) by visual observation(race) or knowledge of 
an individual's background (national origin); or (3) at the agency's 
option, from the OPM/GOVT-1 system in the case of applicants who are 
current Federal employees. Disability status is obtained by use of 
Standard Form 256, ``Self Identification of Medical Disability,'' 
which allows for a description by self-identification of the 
handicap.

Authority for Maintenance of the System:
    5 U.S.C. 7201, sections 4A, 4B, 15A(1) and (2), 15B(11), and 
15D(11); Uniform Guidelines on Employee Selection Procedures (1978); 43 
FR 38297 et seq. (August 25, 1978); 29 CFR 720.301; and 29 CFR 
1613.301.

Purpose(s):
    These records are used by OPM and agencies to:
    a. Evaluate personnel/organizational measurement and selection 
methods.
    b. Implement and evaluate agency affirmative employment programs.
    c. Implement and evaluate agency Federal Equal Opportunity 
Recruitment Programs (including establishment of minority recruitment 
files).
    d. Enable OPM to meet its responsibility to assess an agency's 
implementation of the Federal Equal Opportunity Recruitment Program.
    e. Determine adverse impact in the selection process as required by 
the Uniform Guidelines cited in the Authority section above. (See also 
``Questions and Answers,'' on those Guidelines published at 44 FR 
11996, March 2, 1979.)
    f. Enable reports to be prepared regarding breakdowns by race, sex, 
and national origin of applicants (by exams taken, and on the selection 
of such applicants for employment).
    g. To locate individuals for personnel research.

    Note 1: These data are maintained under conditions that ensure 
that the individual's identification as to race, sex, national 
origin, or disability status does not accompany that individual's 
application nor is otherwise made known when the individual is under 
consideration by a selecting official.

Routine Uses of Records Maintained in the System, Including Categories 
of Users and the Purposes of Such Uses:
    a. To disclose information to the Equal Employment Opportunity 
Commission (EEOC), in response to its request for use in the conduct of 
an examination of an agency's compliance with affirmative action plan 
instructions and the Uniform Guidelines on Employee Selection 
Procedures (1978), or other requirements imposed on agencies under EEOC 
authorities in connection with agency Equal Employment Opportunity 
programs.
    b. To disclose information to the Merit Systems Protection Board or 
the Office of the Special Counsel in connection with the processing of 
appeals, special studies relating to the civil service and other merit 
systems in the executive branch, investigations into allegations of 
prohibited personnel practices, and such other functions; e.g., as 
prescribed in 5 U.S.C. chapter 12, or as may be authorized by law.
    c. By OPM or employing agency maintaining the records to locate 
individuals for personnel research or survey response and 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 
statistics and 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.
    d. To disclose information to a Federal agency in response to its 
request for use in its Federal Equal Opportunity Recruitment Program to 
the extent that the information is relevant and necessary to the 
agency's efforts in identifying possible sources for minority 
recruitment.
    e. To provide information to a congressional office from the record 
of an individual in response to an inquiry from the congressional 
office made at the request of that individual.
    f. 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 
party to a judicial or administrative proceeding.
    g. To disclose information to the Department of Justice, or in a 
proceeding before a court, adjudicative body, or other administrative 
body before which the agency is authorized to appear, when:
    1. The agency, or any component thereof; or
    2. Any employee of the agency in his or her official capacity; or
    3. Any employee of the agency in his or her individual capacity 
where the Department of Justice or the agency has agreed to represent 
the employee; or
    4. The United States, where the agency determines that litigation 
is likely to affect the agency 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 agency is deemed by the 
agency 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. To disclose, in response to a request for discovery or for 
appearance of a witness, information that is relevant to the subject 
matter involved in a pending judicial or administrative proceeding.
    i. To disclose information to contractors, grantees, or volunteers 
performing or working on a contract, service, grant cooperative 
agreement, or job for the Federal Government.

Policies and Practices for Storing, Retrieving, Safeguarding, Retaining 
and Disposing of Records in the System:
Storage:
    These records are maintained in file folders and on magnetic tape 
and disks.

Retrievability:
    Records are retrieved by the name and social security number of the 
individuals on whom they are maintained.

Safeguards:
    Records are retained in locked metal filing cabinets in a secured 
room or in a computerized system accessible by confidential passwords 
issued only to specific personnel.

Retention and Disposal:
    Records are generally retained for 2 years, except when needed to 
process applications or to prepare adverse impact and related reports, 
or for as long as an application is still under consideration for 
selection purposes. When records are needed in the course of an 
administrative procedure or litigation, they may be maintained until 
the administrative procedure or litigation is completed. Manual records 
are shredded or burned and magnetic tapes and disks are erased.

    Note 2: When an agency retains an automated version of any of 
the records in this system, maintenance of that record beyond the 
above retention schedules is permitted for historical or statistical 
analysis, but only so long as the record is not used in a 
determination directly affecting the individual about whom the 
record pertains after the prescribed destruction date.


[[Page 35358]]



System Manager(s) and Address:
    Deputy Associate Director, Center for HR Systems Requirements and 
Strategies, U.S. Office of Personnel Management, 1900 E Street, NW., 
Room 6H31, Washington, DC 20415.

Notification Procedure:
    Those individuals wishing to inquire if this system contains 
Information about them should contact the system manager; OPM's Service 
Centers covering the locations where the application for Federal 
employment was filed; or the personnel, Equal Employment Opportunity, 
or Equal Employment Opportunity Recruitment office or other designated 
office where they took an exam, filed an application, or where they are 
employed. Individuals must furnish the following information for their 
records to be located and identified:
    a. Name.
    b. Social security number.
    c. Title of examination, position, or vacancy announcement for 
which they filed.
    d. The OPM or employing agency office where they are employed or 
submitted the information.
    e. Signature.

Record Access Procedure:
    Individuals wishing to request access to records about themselves 
should contact the appropriate office shown in the Notification 
Procedure section. Individuals must furnish the following information 
for their records to be located and identified:
    a. Name.
    b. Social security number.
    c. Title of examination, position, or vacancy announcement for 
which they filed.
    d. The OPM or employing agency office where they are employed or 
submitted the information.
    e. Signature.
    An individual requesting access must also follow OPM's Privacy Act 
regulations on verification of identity and access to records (5 CFR 
part 297).

Contesting Record Procedure:
    Individuals wishing to request amendment of their records should 
contact the appropriate office shown in the Notification Procedure 
section. Individuals must furnish the following information for their 
records to be located and identified.
    a. Name.
    b. Social security number.
    c. Title of examination, position, or vacancy announcement for 
which they filed.
    d. The OPM or employing agency office where they are employed or 
submitted the information.
    e. Signature.
    An individual requesting amendment must also follow OPM's Privacy 
Act regulations on verification of identity and amendment of records (5 
CFR part 297).

Record Source Categories:
    Information is provided by the individual to whom the record 
pertains, on forms approved by the Office of Management and Budget or 
is obtained directly from other agency or OPM records (e.g., race, sex, 
national origin, and disability status data may be obtained from the 
OPM/GOVT-1, General Personnel Records system).
OPM/GOVT-8--[Reserved]

OPM/GOVT-9

System Name:
    File on Position Classification Appeals, Job Grading Appeals, 
Retained Grade or Pay Appeals, and Fair Labor Standard Act (FLSA) 
Claims and Complaints.

System Location:
    These records are located at the Office of Personnel Management, 
1900 E Street, NW., Washington, DC 20415, Center for Merit System 
Accountability, agency personnel offices (or other designated offices), 
and Federal records centers.

Categories of Individuals Covered by the System:
    a. Current and former Federal employees who have filed a position 
classification appeal or a job grading appeal with a U.S. Office of 
Personnel Management, Center for Merit System Accountability or with 
their agency.
    b. Current and former Federal employees who have filed a retained 
grade or pay appeal with a U.S. Office of Personnel Management, Center 
for Merit System Accountability.
    c. Current and former Federal employees who have filed a claim or 
complaints under the Fair Labor Standards Act (FLSA) with a U.S. Office 
of Personnel Management, Center for Merit System Accountability.

Categories of Records in the System:
    This system of records contains information or documents relating 
to the processing and adjudication of a position classification appeal, 
job grading appeal, retained grade or pay appeal, or FLSA claim or 
complaint. The records may include information and documents regarding 
a personnel action of the agency involved and the decision or 
determination rendered by an agency regarding the classifying or 
grading of a position, whether an employee is to remain in a retained 
grade or pay category, the FLSA exemption status of an employee, or 
other FLSA claims or complaints. This system may also include 
transcripts of agency hearings and statements from agency employees.

    Note 1: This system notice also covers agency files created 
when: (a) An employee appeals a position classification or job 
grading decision to OPM or within the agency regardless of whether 
that agency appeal decision is further appealed to OPM; and (b) an 
employee files a retained grade or pay appeal with OPM, and (c) FLSA 
claims or complaints submitted to OPM or to the agency regardless of 
whether the agency decision is the subject of an FLSA claim or 
complaints submitted to OPM.

Authority for Maintenance of the System:
    5 U.S.C. 5112, 5115, 5346, and 5366, for position classification 
appeals, job grading appeals, and retained grade or pay appeals. 29 
U.S.C. 204(f) for FLSA claims and complaints.

Purpose:
    These records are primarily used to document the processing and 
adjudication of a position classification appeal, job grading appeal, 
retained grade or pay appeal, or FLSA claim or complaint. Internally, 
OPM may use these records to locate individuals for personnel research.

Routine Uses of Records Maintained in the System, Including Categories 
of Users and the Purpose of Such Uses:
    These records and information in these records may be used:
    a. To disclose pertinent information to the appropriate Federal, 
State, or local government agency responsible for investigating, 
prosecuting, enforcing, or implementing a statute, rule, regulation, or 
order, when the disclosing agency becomes aware of an indication of a 
violation or potential violation of civil or criminal law or 
regulation.
    b. To disclose information 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.
    c. 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. To disclose information to any source from which additional 
information is requested in the course of adjudicating a position 
classification appeal, job grading appeal, retained

[[Page 35359]]

grade or pay appeal, or FLSA claim or complaint to the extent necessary 
to identify the individual, inform the source of the purpose(s) of the 
request, and identify the type of information requested.
    e. To disclose information to a Federal agency, in response to its 
request, in connection with the hiring, retaining or assigning of an 
employee, issuing a security clearance, conducting a security or 
suitability investigation of an individual, classifying positions, and 
making FLSA exemption status determinations, or adjudicating FLSA 
claims and complaints to the extent that the information is relevant 
and necessary to the requesting agency's decision on the matter.
    f. 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.
    g. To disclose information to the Department of Justice, or in a 
proceeding before a court, adjudicative body, or other administrative 
body before which the agency is authorized to appear, when:
    1. The agency, or any component thereof; or
    2. Any employee of the agency in his or her official capacity; or
    3. Any employee of the agency in his or her individual capacity 
where the Department of Justice or the agency has agreed to represent 
the employee; or
    4. The United States, where the agency determines that litigation 
is likely to affect the agency 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 agency is deemed by the 
agency 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. By OPM or an agency 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 statistics and 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.
    i. By the National Archives and Records Administration in records 
management inspections and its role as Archivist.
    j. To disclose, in response to a request for discovery or for 
appearance of a witness, information that is relevant to the subject 
matter involved in a pending judicial or administrative proceeding.
    k. To disclose information to the Merit Systems Protection Board or 
the Office of the Special Counsel in connection with appeals, special 
studies of the civil service and other merit systems, review of Office 
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.
    l. 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, 
examination of Federal affirmative employment programs, 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.
    m. 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.
    n. To disclose information to contractors, grantees, or volunteers 
performing or working on a contract, service, grant, cooperative 
agreement, or job for the Federal Government.

Policies and Practices for Storage, Retrieval, Safeguards, Retaining 
and Disposal of Records in the System:
Storage:
    These records are maintained in file folders and binders and on 
index cards, magnetic tape, disks, and microfiche.

Retrieval:
    These records are retrieved by the subject's name, and the name of 
the employing agency of the individual on whom the record is 
maintained.

Safeguards:
    These records are located in lockable metal filing cabinets or 
automated media in a secured room, with access limited to those persons 
whose official duties require and such access.

Retention and Disposal:
    Records related to position classification appeal, job grading 
appeal, retained grade or pay appeal files, and FLSA claims or 
complaints are maintained for 7 years after closing action on the case. 
Records are destroyed by shredding, burning, or erasing as appropriate.

System Manager(s) and Address:
    Deputy Associate Director, Center for Merit System Accountability, 
U.S. Office of Personnel Management, 1900 E Street, NW., Room 6484, 
Washington, DC 20415.

Notification Procedure:
    Individuals wishing to inquire whether this system of records 
contains information about them should:
    a. For records pertaining to retained grade or pay appeals, contact 
the system manager or the appropriate OPM Center for Merit System 
Accountability.
    b. For records pertaining to a position classification appeal, job 
grading appeal, or FLSA claim or complaint where the appeal was made 
only to OPM, contact the system manager or the OPM Center for Merit 
System Accountability as appropriate.
    c. For records pertaining to a position classification appeal, a 
job grading appeal, or FLSA claim or complaint filed with both the 
agency and OPM, contact the agency personnel officer, other designated 
officer, or the system manager, or the OPM Center for Merit System 
Accountability as appropriate.
    Individuals must furnish the following information for their 
records to be located and identified:
    a. Full name.
    b. Date of birth.
    c. Agency in which employed when the appeal, or FLSA claim or 
complaint was filed and the approximate date of the closing of the 
case.
    d. Kind of action (e.g., position classification appeal, job 
grading appeal, retained grade or pay appeal, or FLSA claim or 
complaint).

Record Access Procedure:
    Individuals who have filed a position classification appeal, job 
grading appeal, a retained grade or pay appeal, or FLSA claim or 
complaint, must be provided access to the record. However, after the 
appeal or FLSA claim or complaint has been closed, an individual may 
request access to the official copy of the records by writing the 
official indicated in the Notification Procedure section. Individuals 
must furnish the following information for their records to be located 
and identified:
    a. Full name.
    b. Date of birth.
    c. Agency in which employed when appeal or FLSA claim or complaint 
was filed and the approximate date of the closing of the case.

[[Page 35360]]

    d. Kind of action (e.g., position classification appeal, job 
grading appeal, retained grade or pay appeal, or FLSA claim or 
complaint).
    Individuals requesting access must also follow OPM's Privacy Act 
regulations on verification of identity and access to records (5 CFR 
part 297).

Contesting Record Procedure:
    Review of requests from individuals seeking amendment of their 
records that have previously been or could have been the subject of a 
judicial or quasi-Judicial action will be limited in scope. Review of 
amendment requests of these records will be restricted to determining 
if the record accurately documents the action of the agency or 
administrative body ruling on the case, and will not include a review 
of the merits of the action, determination, or finding. Individuals 
wishing to request an amendment to their records to correct factual 
errors should contact the appropriate official indicated in the 
Notification Procedure section. Individuals must furnish the following 
information for their records to be located and identified:
    a. Full name.
    b. Date of birth.
    c. Agency in which employed when the appeal or FLSA claim or 
complaint was filed and the approximate date of the closing of the 
case.
    d. Kind of action (e.g., position classification appeal, job 
grading appeal, retained grade or pay appeal, or FLSA claim or 
complaint).
    Individuals requesting amendment of their records must also follow 
OPM's Privacy Act regulations on verification of identity and amendment 
of records (5 CFR part 297).

Record Source Categories:
    a. Individual to whom the record pertains.
    b. Agency and/or OPM records relating to the action.
    c. Statements from employees or testimony of witnesses.
    d. Transcript of hearings.
OPM/GOVT-10

System Name:
    Employee Medical File System Records:

System Location:
    a. For current employees, records are located in agency medical, 
personnel, dispensary, health, safety, or other designated offices 
within the agency, or contractors performing a medical function for the 
agency.
    b. For former employees, most records will be located in an 
Employee Medical Folder (EMF) stored at the National Personnel Records 
Center operated by the National Archives and Records Administration 
(NARA). In some cases, agencies may retain for a limited time (e.g., up 
to 3 years) some records on former employees.

    Note 1: The records in this system of records are ``owned'' by 
the Office of Personnel Management (OPM) and should be provided to 
those OPM employees who have an official need or use for those 
records. Therefore, if an employing agency is asked by an OPM 
employee to access the records within this system, such a request 
should be honored.

Categories of Individuals Covered by the System:
    Current and former Federal civilian employees as defined in 5 
U.S.C. 2105.

Categories of Records in the System:
    Records maintained in this system include:
    a. Medical records, forms, and reports completed or obtained when 
an individual applies for a Federal job and is subsequently employed;
    b. Medical records, forms, and reports completed during employment 
as a condition of employment, either by the employing agency or by 
another agency, State or local government entity, or a private sector 
entity under contract to the employing agency;
    c. Records and pertaining and resulting from the testing of the 
employee for use of illegal drugs under Executive Order 12564. Such 
records may be retained by the agency (e.g., by the agency Medical 
Review Official) or by a contractor laboratory. This includes records 
of negative results, confirmed or unconfirmed positive test results, 
and documents related to the reasons for testing or other aspects of 
test results.
    d. Reports of on-the-job injuries and medical records, forms, and 
reports generated as a result of the filing of a claim for Workers' 
Compensation, whether the claim is accepted or not. (The official 
compensation claim file is not covered by this system; rather, it is 
part of the Department of Labor's Office of Workers' Compensation 
Program (OWCP) system of records.)
    e. All other medical records, forms, and reports created on an 
employee during his/her period of employment, including any retained on 
a temporary basis (e.g., those designated to be retained only during 
the period of service with a given agency) and those designated for 
long-term retention (i.e., those retained for the entire duration of 
Federal service and for some period of time after).

    Note 2: Records maintained by an agency dispensary are included 
in this system only when they are the result of a condition of 
employment or related to an on-the-job occurrence.


    Note 3: Records pertaining to employee drug or alcohol abuse 
counseling or treatment, and those pertaining to other employee 
counseling programs conducted under Health Service Program 
established pursuant to 5 U.S.C. chapter 79, are not part of this 
system of records.


    Note 4: Only Routine Use `u' identified for this system of 
records is applicable to records relating to drug testing under 
Executive Order 12564. Further, such records shall be disclosed only 
to a very limited number of officials within the agency, generally 
only to the agency Medical Review Official (MRO), the administrator 
of the agency Employee Assistance Program, and any supervisory or 
management official within the employee's agency having authority to 
take the adverse personnel action against the employee.

Authority for Maintenance of the System:
    Executive Orders 12107, 12196, and 12564 and 5 U.S.C. chapters 11, 
31, 33, 43, 61, 63, and 83.

Purpose(s):
    Records in this system of records are maintained for a variety of 
purposes, which include the following:
    a. To ensure that records required to be retained on a long-term 
basis to meet the mandates of law, Executive order, or regulations 
(e.g., the Department of Labor's Occupational Safety and Health 
Administration (OSHA) and OWCP regulations), are so maintained.
    b. To provide data necessary for proper medical evaluations and 
diagnoses, to ensure that proper treatment is administered, and to 
maintain continuity of medical care.
    c. To provide an accurate medical history of the total health care 
and medical treatment received by the individual as well as job and/or 
hazard exposure documentation and health monitoring in relation to 
health status and claims of the individual.
    d. To enable the planning for further care of the patient.
    e. To provide a record of communications among members of the 
health care team who contribute to the patient's care.
    f. To provide a legal document describing the health care 
administered and any exposure incident.
    g. To provide a method for evaluating quality of health care 
rendered and job-health-protection including engineering protection 
provided, protective equipment worn, workplace monitoring, and medical 
exam monitoring required by OSHA or by good practice.
    h. To ensure that all relevant, necessary, accurate, and timely 
data are

[[Page 35361]]

available to support any medically-related employment decisions 
affecting the subject of the records (e.g., in connection with fitness-
for-duty and disability retirement decisions).
    i. To document claims filed with and the decisions reached by the 
OWCP and the individual's possible reemployment rights under statutes 
governing that program.
    j. To document employee's reporting of on-the-job injuries or 
unhealthy or unsafe working conditions, including the reporting of such 
conditions to the OSHA and actions taken by that agency or by the 
employing agency.
    k. To ensure proper and accurate operation of the agency's employee 
drug testing program under Executive Order 12564.

Routine Uses of Records Maintained in the System, Including Categories 
of Users and the Purpose of Such Uses:

    Note 5: With the exception of Routine Use `u,' none of the other 
Routine Uses identified for this system of records are applicable to 
records relating to drug testing under Executive Order 12564. 
Further, such records shall be disclosed only to a very limited 
number of officials within the agency, generally only to the agency 
Medical Review Official (MRO), the administrator of the agency 
Employee Assistance Program, and the management official empowered 
to recommend or take adverse action affecting the individual.

    These records and information in these records may be used:
    a. To disclose information to the Department of Labor, Department 
of Veterans Affairs, Social Security Administration, Federal Retirement 
Thrift Investment Board, or a national, State, or local social security 
type agency, when necessary to adjudicate a claim (filed by or on 
behalf of the individual) under a retirement, insurance, or health 
benefit program.
    b. To disclose information to a Federal, State, or local agency to 
the extent necessary to comply with laws governing reporting of 
communicable disease.
    c. 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.
    d. To disclose information to the Department of Justice, or in a 
proceeding before a court, adjudicative body, other administrative body 
before which the agency is authorized to appear, when:
    1. The agency, or any component thereof; or
    2. Any employee of the agency in his or her official capacity; or
    3. Any employee of the agency in his or her individual capacity 
where the Department of Justice or the agency has agreed to represent 
the employee; or
    4. The United States, where the agency determines that litigation 
is likely to affect the agency 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 agency is deemed by the 
agency 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.
    e. To disclose in response to a request for discovery or for 
appearance of a witness, information that is relevant to the subject 
matter involved in a pending judicial or administrative proceeding.
    f. 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 when 
the disclosing agency becomes aware of an indication of a violation or 
potential violation of civil or criminal law or regulation.
    g. To disclose information 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.
    h. To disclose information to a congressional office from the 
record of an individual in response to an inquiry from the 
congressional office made at the request of that individual.
    i. To disclose information to the Merit System Protection Board or 
the Office of the Special Counsel, the Federal Labor Relations 
Authority and its General Counsel, the Equal Employment Opportunity 
Commission, arbitrators, and hearing examiners to the extent necessary 
to carry out their authorized duties.
    j. To disclose information to survey team members from the Joint 
Commission on Accreditation of Hospitals (JCAH) when requested in 
connection with an accreditation review, but only to the extent that 
the information is relevant and necessary to meet the JCAH standards.
    k. To disclose information to the National Archives and Records 
Administration in records management inspections and its role as 
Archivist.
    l. To disclose information to health insurance carriers contracting 
with the Office to provide a health benefits plan under the Federal 
Employees Health Benefits Program information necessary to verify 
eligibility for payment of a claim for health benefits.
    m. By the agency maintaining or responsible for generating the 
records to locate individuals for health research or survey response 
and in the production of summary descriptive statistics and analytical 
studies (e.g., epidemiological studies) in support of the function for 
which the records are collected and maintained. While published 
statistics and studies do not contain individual identifiers, in some 
instances the selection of elements of data included in the study might 
be structured in such a way as to make the data individually 
identifiable by inference.
    n. To disclose information to the Office of Federal Employees Group 
Life Insurance or Federal Retirement Thrift Investment Board that is 
relevant and necessary to adjudicate claims.
    o. To disclose information, when an individual to whom a record 
pertains is mentally incompetent or under other legal disability, to 
any person who is responsible for the care of the individual, to the 
extent necessary.
    p. To disclose to the agency-appointed representative of an 
employee, all notices, determinations, decisions, or other written 
communications issued to the employee, in connection with an 
examination ordered by the agency under medical evaluation (formerly 
Fitness for Duty) examinations procedures.
    q. To disclose to a requesting agency, organization, or individual 
the home address and other information concerning those individuals who 
it is reasonably believed might have contracted an illness or been 
exposed to or suffered from a health hazard while employed in the 
Federal workforce.
    r. To disclose information to a Federal agency, in response to its 
request or at the initiation of the agency maintaining the records, in 
connection with the 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, or the lawful, statutory, administrative, or 
investigative purpose of the agency, to the extent that the information 
is relevant and necessary to the requesting agency's decision on the 
matter.
    s. To disclose to any Federal, State, or local government agency, 
in response to its request or at the initiation of the agency 
maintaining the records, information relevant and necessary to the 
lawful, statutory, administrative, or

[[Page 35362]]

investigatory purpose of that agency as it relates to the conduct of 
job related epidemiological research or the insurance of compliance 
with Federal, State, or local government laws on health and safety in 
the work environment.
    t. To disclose to officials of labor organizations recognized under 
5 U.S.C. chapter 71, analyses using exposure or medical records and 
employee exposure records, in accordance with the records access rules 
of the Department of Labor's OSHA, and subject to the limitations at 29 
CFR 1910.20(e)(2)(iii)(B).
    u. To disclose the results of a drug test of a Federal employee 
pursuant to an order of a court of competent jurisdiction where 
required by the United States Government to defend against any 
challenge against any adverse personnel action.
    v. To disclose information to contractors, grantees, or volunteers 
performing or working on a contract, service, grant, cooperative 
agreement or job for the Federal Government.
    w. To disclose records on former Panama Canal Commission employees 
to the Republic of Panama for use in employment matters.
    x. To disclose to a requesting agency, organization, or individual 
the home address and other relevant information on those individuals 
who it reasonably believed might have contracted an illness or might 
have been exposed to or suffered from a health hazard while employed in 
the Federal workforce.

Policies and Practices for Storing, Retrieving, Safeguarding, and 
Retaining and Disposing of Records in the System:
Storage:
    Records are stored in file folders, on microfiche, in electronic 
record systems, and on file cards, x-rays, or other medical reports and 
forms.

Retrievability:
    Records are retrieved by the employee's name, date of birth, social 
security number, or any combination of those identifiers.

Safeguards:
    Records are stored in locked file cabinets or locked rooms. 
Electronic records are protected by restricted access procedures and 
audit trails. Access to records is strictly limited to agency or 
contractor officials with a bona fide need for the records.

Retention and Disposal:
    The EMF is maintained for the period of the employee's service in 
the agency and is then transferred to the National Personnel Records 
Center for storage, or as appropriate, to the next employing Federal 
agency. Other medical records are either retained at the agency for 
various lengths of time in accordance with the National Archives and 
Records Administration's records schedules or destroyed when they have 
served their purpose or when the employee leaves the agency. Within 90 
days after the individual separates from the Federal service, the EMF 
is sent to the National Personnel Records Center for storage. 
Destruction of the EMF is in accordance with General Records Schedule-
1(21). Records arising in connection with employee drug testing under 
Executive Order 12564 are generally retained for up to 3 years. Records 
are destroyed by shredding, burning, or by erasing the disk.

System Manager(s) and Address:
    a. Deputy Associate Director, Center for HR Systems Requirements 
and Strategies, Room 6H31, U.S. Office of Personnel Management, 1900 E 
Street, NW., Washington, DC 20415.
    b. For current Federal employees, OPM has delegated to the 
employing agency the Privacy Act responsibilities concerning access, 
amendment, and disclosure of the records within this system notice.

Notification Procedure:
    Individuals wishing to inquire whether this system of records 
contains records on them should follow the appropriate procedure listed 
below.
    a. Current Employees. Current employees should contact their 
employing agency's personnel, dispensary, health, safety, medical, or 
other designated office responsible for maintaining the records, as 
identified in the agency's internal issuance covering this system. 
Individuals must furnish such identifying information as required by 
the agency for their records to be located and identified.
    b. Former employees. Former employees should contact their former 
agency's personnel, dispensary, health, safety, medical, or other 
designated office responsible for maintaining the records, as 
identified in the agency's internal issuance covering this system. 
Additionally, for access to their EMF, they should submit a request to 
the National Personnel Records Center (Civilian), 111 Winnebago Street, 
St. Louis, Missouri 63118.

Records Access Procedure:
    a. Current employees should contact the appropriate agency office 
as indicated in the Notification Procedure section and furnish such 
identifying information as required by the agency to locate and 
identify the records sought.
    b. Former employees should contact the appropriate agency office as 
indicated in the Notification Procedure section and furnish such 
identifying information as required by the agency to locate and 
identify the records sought. Former employees may also submit a request 
to the National Personnel Records Center (Civilian), 111 Winnebago 
Street, St. Louis, Missouri, for access to their EMF. When submitting a 
request to the National Personnel Records Center, the individual must 
furnish the following information to locate and identify the record 
sought:
    1. Full name.
    2. Date of birth.
    3. Social security number.
    4. Agency name, date, and location of last Federal service.
    5. Signature.
    c. Individuals requesting access must also comply with the OPM's 
Privacy Act regulations on verification of identity and access to 
records (5 CFR part 297).

Contesting Records Procedure:
    Because medical practitioners often provide differing, but equally 
valid medical judgments and opinions when making medical evaluations of 
an individual's health status, review of requests from individuals 
seeking amendment of their medical records, beyond correction and 
updating of the records, will be limited to consideration of including 
the differing opinion in the record rather than attempting to determine 
whether the original opinion is accurate.
    Individuals wishing to amend their records should:
    a. For a current employee, contact the appropriate agency office 
identified in the Notification Procedure section and furnish such 
identifying information as required by the agency to locate and 
identify the records to be amended.
    b. For a former employee, contact the appropriate agency office 
identified in the Notification Procedure section and furnish such 
identifying information as required by the agency to locate and 
identify the record to be amended. Former employees may also submit a 
request to amend records in their EMF to the system manager. When 
submitting a request to the system manager, the individual must furnish 
the following information to locate and identify the records to be 
amended:
    1. Full name.
    2. Date of birth.
    3. Social security number.
    4. Agency name, date, and location of last Federal service.

[[Page 35363]]

    5. Signature.
    c. Individuals seeking amendment of their records must also follow 
the Office's Privacy Act regulations on verification of identity and 
amendment of records (5 CFR part 297).

Records Source Categories:
    Records in this system are obtained from:
    a. The individual to whom the records pertain.
    b. Agency employee health unit staff.
    c. Federal and private sector medical practitioners and treatment 
facilities.
    d. Supervisors/managers and other agency officials.
    e. Other agency records.

[FR Doc. 06-5459 Filed 6-16-06; 8:45 am]
BILLING CODE 6325-39-P