Notice2024-00958
Privacy Act of 1974; System of Records
Primary source
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Published
January 22, 2024
Effective
February 21, 2024
Issuing agencies
Postal Service
Abstract
The United States Postal Service[supreg] (USPS) is proposing to modify one General Privacy Act System of Records (SOR) to support compliance of the Fair Chance to Compete for Jobs Act of 2019 (Fair Chance Act) which prohibits the Postal Service from inquiring into the criminal history of applicants before a conditional offer of employment has been made.
Full Text
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<title>Federal Register, Volume 89 Issue 14 (Monday, January 22, 2024)</title>
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[Federal Register Volume 89, Number 14 (Monday, January 22, 2024)]
[Notices]
[Pages 3955-3956]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-00958]
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POSTAL SERVICE
Privacy Act of 1974; System of Records
AGENCY: Postal Service[supreg].
ACTION: Notice of modified system of records.
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SUMMARY: The United States Postal Service[supreg] (USPS) is proposing
to modify one General Privacy Act System of Records (SOR) to support
compliance of the Fair Chance to Compete for Jobs Act of 2019 (Fair
Chance Act) which prohibits the Postal Service from inquiring into the
criminal history of applicants before a conditional offer of employment
has been made.
DATES: These revisions will become effective without further notice on
February 21, 2024, unless responses to comments received on or before
that date result in a contrary determination.
ADDRESSES: Comments may be submitted via email to the Privacy and
Records Management Office, United States Postal Service Headquarters
(<a href="/cdn-cgi/l/email-protection#87d2d4d7d4d7f5eef1e6e4fec1e2e3d5e2e0c9e8f3eee4e2c7f2f4f7f4a9e0e8f1"><span class="__cf_email__" data-cfemail="eebbbdbebdbe9c87988f8d97a88b8abc8b89a0819a878d8bae9b9d9e9dc0898198">[email protected]</span></a>). To facilitate public inspection,
arrangements to view copies of any written comments received will be
made upon request.
FOR FURTHER INFORMATION CONTACT: Janine Castorina, Chief Privacy and
Records Management Officer, Privacy and Records Management Office, via
email at <a href="/cdn-cgi/l/email-protection#560305060506243f2037352f1033320433311839223f3533162325262578313920"><span class="__cf_email__" data-cfemail="4114121112113328372022380724251324260f2e3528222401343231326f262e37">[email protected]</span></a> or 202-268-2000.
SUPPLEMENTARY INFORMATION: This notice is in accordance with the
Privacy Act requirement that agencies publish their systems of records
in the Federal Register when there is a revision, change, or addition,
or when the agency establishes a new system of records. The Postal
Service has determined that General Privacy Act System of Records, USPS
SOR 100.900 Employee Inquiry, Complaint, and Investigative Records,
should be revised to promote transparency and support ongoing
administrative and compliance activities to meet the Fair Chance Act
requirements.
I. Background
The Postal Service must ensure that it is complying with Fair
Chance to Compete for Jobs Act of 2019. The Fair Chance Act prohibits
the Postal Service from inquiring into the criminal history of
applicants before a conditional offer of employment has been made. An
applicant who feels their rights under this law have been violated has
30 days from the date of violation to make a complaint to the Postal
Service. The Postal Service will conduct a fact-finding investigation
within 60 days of a complaint and submit all documents and findings to
OPM.
II. Rationale for Changes to USPS Privacy Act Systems of Records
The Postal Service is committed to compliance with the Fair Chance
Act. The proposed Privacy Act System of Records updates reflects this
commitment to being transparent with the collection and usage of an
individual's information as a required result of a formal filing of
complaint against the Postal Service if the individual believes the
Postal Service inquired into the criminal history of an applicant
before a conditional offer of employment has been made.
III. Description of the Modified System of Records
The Postal Service is proposing modifications to USPS SOR 100.900
Employee Inquiry, Complaint, and Investigative Records, in the summary
of changes listed below:
<bullet> Updated SYSTEM MANAGERS to reflect the current Human
Resource title.
<bullet> Added one CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM
as bullet point #2 to include individuals specifically covered by the
Fair Chance Act.
<bullet> Updated all three CATEGORIES OF RECORDS IN THE SYSTEM to
include specific individual data elements and the full process of
investigation to include decision and resolution of complaint.
<bullet> Updated administrative information in NOTIFICATION
PROCEDURES to include individuals specifically covered by the Fair
Chance Act.
Pursuant to 5 U.S.C. 552a(e)(11), interested persons are invited to
submit written data, views, or arguments on this proposal. A report of
the proposed revisions has been sent to Congress and to the Office of
Management and Budget (OMB) for their evaluations. The Postal Service
does not expect this amended system of records to have any adverse
effect on individual privacy rights. USPS SOR 100.900 Employee Inquiry,
Complaint, and Investigative Records is provided below in its entirety:
SYSTEM NAME AND NUMBER:
USPS 100.900 Employee Inquiry, Complaint, and Investigative
Records.
SECURITY CLASSIFICATION:
None.
SYSTEM LOCATION:
USPS personnel offices; area and district facilities; Post Offices;
and contractor sites.
SYSTEM MANAGER(S):
Vice President, Human Resources, United States Postal Service, 475
L'Enfant Plaza SW, Washington, DC 20260.
Vice President, Labor Relations, United States Postal Service, 475
L'Enfant Plaza SW, Washington, DC 20260.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
39 U.S.C. 401, 410, 1001, 1005, and 1206.
[[Page 3956]]
PURPOSE(S) OF THE SYSTEM:
1. To enable review and response to inquiries and complaints
concerning employees and non-employees.
2. To enable management to initiate, review, process, track, and
resolve inquiries, complaints, or concerns about the workplace.
3. To support administrative or court litigation and arbitration
proceedings.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
1. USPS employees and non-employees who contact USPS with an
inquiry or complaint, and employees and non-employees who are subjects
of management inquiries or investigations of workplace issues.
2. Individuals that file or are the subject of a complaint under
the Fair Chance to Compete for Jobs Act of 2019 (Fair Chance Act) and
related regulations.
CATEGORIES OF RECORDS IN THE SYSTEM:
1. Employee information: Name, gender, Social Security number,
Employee Identification Number, postal assignment information, veteran
status, contact information (work and/or home email, address, phone
number), finance number(s), duty location, and pay location.
2. Non-employee information: Name, gender, Applicant Identification
Number, and contact information (work and/or home email, address, and
phone number).
3. Identification number, and contact information, inquiry,
complaint, and investigative information: Records related to the
subject category of inquiry or complaint, assigned case number,
background, and description of inquiry, complaint, investigation,
decision, and resolution.
RECORD SOURCE CATEGORIES:
Employees, non-employees, supervisors, managers, and witnesses.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND PURPOSES OF SUCH USES:
Standard routine uses 1. through 9. apply. In addition:
a. Records may be disclosed to the National Labor Relations Board
(NLRB) in response to its request for investigative purposes, to the
extent that the requested information is relevant and necessary.
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
Automated database, computer storage media, and paper.
POLICES AND PRACTICES FOR RETRIEVAL OF RECORDS:
By employee and non-employee name, Employee Identification Number,
Applicant Identification Number, subject category, facility, finance
number, district, area, nationally, or case number.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSTAL OF RECORDS:
Records are retained 4 years after response to inquiry, resolution
of complaint, or conclusion of investigation.
Records existing on paper are destroyed by burning, pulping, or
shredding. Records existing on computer storage media are destroyed
according to the applicable USPS media sanitization practice.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
Paper records, computers, and computer storage media are located in
controlled-access areas under supervision of program personnel. Access
to these areas is limited to authorized personnel, who must be
identified with a badge.
Access to records is limited to individuals whose official duties
require such access. Contractors and licensees are subject to contract
controls and unannounced on-site audits and inspections. Computers are
protected by mechanical locks, card key systems, or other physical
access control methods.
The use of computer systems is regulated with installed security
software, computer logon identifications, and operating system controls
including access controls, terminal and transaction logging, and file
management software.
RECORD ACCESS PROCEDURES:
Requests for access must be made in accordance with the
Notification Procedure above and USPS Privacy Act regulations regarding
access to records and verification of identity under 39 CFR 266.5.
CONTESTING RECORDS PROCEDURES
See Notification Procedures (below) and Record Access Procedures
(above).
NOTIFICATION PROCEDURES
Employees who want to know if their information is maintained in
this system of records must address inquiries to the facility head
where currently or last employed.
Headquarters employees must submit inquiries to Corporate Personnel
Management, 475 L'Enfant Plaza SW, Washington, DC 20260.
Individuals who file complaints under the Fair Chance Act must
submit complaints to National Human Resources at
<a href="/cdn-cgi/l/email-protection#aceacdc5deefc4cdc2cfc9edcfd8ffd9dcdcc3ded8ecd9dfdcdf82cbc3da"><span class="__cf_email__" data-cfemail="7432151d06371c151a1711351700270104041b060034010704075a131b02">[email protected]</span></a>.
Non-employees who want to know if their information is maintained
in this system of records must address inquiries to the District
Manager, Human Resources that governs the facility where the inquiry,
complaint, or investigative records are stored. Inquiries must include
full name, address, and other identifying information. In addition,
employees must include Social Security number or Employee
Identification Number, name and address of facility where last
employed, and dates of USPS employment. Likewise, employees may also be
required to furnish where the inquiry, complaint, or investigation
occurred.
EXEMPTIONS PROMULGATED FOR THE SYSTEM
Records in this system that have been compiled in reasonable
anticipation of a civil action or proceeding are exempt from individual
access as permitted by 5 U.S.C. 552a(d)(5). The USPS has also claimed
exemption from certain provisions of the Act for several of its other
systems of records at 39 CFR 266.9. To the extent that copies of
exempted records from those other systems are incorporated into this
system, the exemptions applicable to the original primary system
continue to apply to the incorporated records.
HISTORY
January 26, 2018, 83 FR 3777.
Sarah Sullivan,
Attorney, Ethics & Legal Compliance.
[FR Doc. 2024-00958 Filed 1-19-24; 8:45 am]
BILLING CODE 7710-12-P
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</html>Indexed from Federal Register on January 22, 2024.
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