Federal Mine Safety and Health Review Commission FMSHRC
-1 Payroll records--Federal Mine Safety and Health Review Commission.

United States Department of Agriculture, National Finance Center, copies held by FMSHRC. USDA holds records for the Commission under interagency agreement.

Employees and members of the Commission.

Varied payroll records, including, among other documents, time and attendance cards; payment vouchers; comprehensive listing of employees; health benefits records; requests for deductions; tax forms and W-2 forms; overtime requests; leave data; retirement records. Records are used by the Commission and GSA employees to maintain adequate payroll information for the Commission employees, and otherwise by the Commission and GSA employees who have a need for the record in the performance of their duties.

31 U.S.C. "Money and Finance", generally.

See Appendix A.

Records also are disclosed to GAO for audits; to the Internal Revenue Service for investigation; and to private attorneys, pursuant to a power of attorney.

A copy of an employee's Department of the Treasury Form W-2, Wage and Tax Statement, also is disclosed to the State, city, or other local jurisdiction which is authorized to tax the employee's compensation. The record will be provided in accordance with a withholding agreement between the State, city, or other local jurisdiction and the Department of the Treasury pursuant to 5 U.S.C. 5516, 5517, or 5520, or, in the absence thereof, in response to a written request from an appropriate official of the taxing jurisdiction to the Executive Director, Federal Mine Safety and Health Review Commission, Room 612, 1730 K Street NW, Washington, DC 20006. The request must include a copy of the applicable statute or ordinance authorizing the taxation of compensation and should indicate whether the authority of the jurisdiction to tax the employee is based on place of residence, place of employment, or both. Pursuant to a withholding agreement between the city and the Department of the Treasury (5 U.S.C. 5520), copies of executed city tax withholding certificates shall be furnished the city in response to written request from an appropriate city official to the Executive Director.

(1). To the Office of Child Support Enforcement, Administration for Children and Families, Department of Health and Human Services Federal Parent Locator System (FPLS) and Federal Tax Offset System for use in locating individuals and identifying their income sources to establish paternity, establish and modify orders of support and for enforcement action;

(2). To the Office of Child Support Enforcement for release to the Social Security Administration for verifying social security numbers in connection with the operation of the FPLS by the Office of Child Support Enforcement;

(3). To Office of Child Support Enforcement for release to the Department of Treasury for purposes of administering the Earned Income Tax Credit Program (Section 32, Internal Revenue Code of 1986) and verifying a claim with respect to employment in a tax return.

Disclosures to consumer reporting agencies:

Disclosures may be made from this system to "consumer reporting agencies" as defined in the Fair Credit Reporting Act (15 U.S.C. 1681a(f) or the Federal Claims Collection Act of 1966 (31 U.S.C. 3701(a)(3)).

Storage:

Paper and microfilm.

Social Security number, name, block number, symbol number.

Stored in guarded building; released only to authorized personnel, including among others, GSA liaison staff and finance personnel; and the Commission administrative staff.

Disposition of records shall be in accordance with the HB GSA Record Maintenance and Disposition System (OAD P 1820.2).

Administrative Officer, Federal Mine Safety and Health Review Commission, Room 640, 1730 K Street, NW, Washington, DC 20006.

Contact Executive Director or refer to the Commission access regulations contained in 29 CFR part 2705.

Contact Executive Director or refer to the Commission access regulations contained in 29 CFR part 2705.

Contact Executive Director or refer to the Commission access regulations contained in 29 CFR part 2705.

The subject individual; the Commission.

-2 General Finance and Accounting Records--Federal Mine Safety and Health Review Commission.

The Commission.

Employees and members of the Commission.

SF-1038, Application and account for advance of funds; vendor register and vendor payment. Information is used by accounting technicians to maintain adequate financial information and by other officers of the Commission who have a need for the records.

31 U.S.C. "Money and Finance" , generally.

See Appendix. Records also are released to GAO for audits; to the IRS for investigation; and to private attorneys, pursuant to power of attorney.

Disclosures to consumer reporting agencies:

Disclosures may be made from this system to "consumer reporting agencies" as defined in the Fair Credit Reporting Act (15 U.S.C. 1681a(f) or the Federal Claims Collection Act of 1966 (31 U.S.C. 3701(a)(3).

Storage:

Paper and tape.

Manual and automated by name.

Stored in guarded building; released only to authorized personnel.

Disposition of records shall be in accordance with the HB GSA Records Maintenance and Disposition System (OAD P 1820.2).

Administrative Officer, Federal Mine Safety and Health Review Commission, Room 640, 1730 K Street, NW, Washington, DC 20006.

Contact Executive Director or refer to the Commission access regulations contained in 29 CFR part 2705.

Contact Executive Director or refer to the Commission access regulations contained in 29 CFR part 2705.

Contact Executive Director or refer to the Commission access regulations contained in 29 CFR part 2705.

The subject individual; the Commission.

-3 General Informal Personnel Files--Federal Mine Safety and Health Review Commission.

The Commission.

The Commission members, staff and consultants, past and present.

Biographic information, correspondence with members of the Commission.

Title 5, U.S.C. "Government Organization and Employees", generally.

Disclosures to consumer reporting agencies:

Disclosures may be made from this system to "consumer reporting agencies" as defined in the Fair Credit Reporting Act (15 U.S.C. 1681a(f) or the Federal Claims Collection Act of 1966 (31 U.S.C. 3701(a)(3). Also, see Appendix.

Storage:

Paper.

Manual by name.

Stored in lockable file cabinets, released only to authorized personnel, including among others, GSA liaison staff and the Commission administrative staff.

Retained until no longer needed, then discarded.

Administrative Officer, Federal Mine Safety and Health Review Commission, Room 640, 1739 K Street, NW, Washington, DC 20006.

Contact Executive Director or refer to the Commission access regulations contained in 29 CFR part 485.

Contact Executive Director or refer to the Commission access regulations contained in 29 CFR part 2705.

Contact Executive Director or refer to the Commission access regulations contained in 29 CFR part 2705.

The subject individual; the Commission.

-4 Property Management System--Federal Mine Safety and Health Review Commission.

The Commission.

The Commission members and staff.

Description, value and location of furnishings and equipment.

Title 40 U.S. C. 483 "Property Utilization" and 31 U.S.C. "Money and Finance" , generally.

See Appendix. Records are also released to GAO for audits.

Storage:

Paper and tape.

Manual and automated by name.

Stored in guarded building; released only to authorized personel.

Disposition of records shall be in accordance with the HB GSA Records Maintenance and Disposition System (OAD P 1820.2).

Administrative Officer, Federal Mine Safety and Health Review Commission, Room 640, 1730 K Street NW, Washington, DC 20006.

Contact Executive Director or refer to the Commission access regulations contained in 29 CFR part 2705.

Contact Executive Director or refer to the Commission access regulations contained in 29 CFR part 2705.

Contact Executive Direcor or refer to the Commission access regulations contained in 29 CFR part 2705.

The subject individual; the Administrative Office of the Commission.

-5 Administrative Law Judge Caseload Report, Federal Mine Safety and Health Review Commission.

The Commission.

Administrative Law Judge of the Commission.

Caseload assignments.

Title 30 USC 823(d)(1) "Proceedings; rules of procedure; review; record" and Title 5 U.S.C. 3105 "Appointment of administrative law judges".

Chief Administrative Law Judge and Commission for case assignment; also, see Appendix.

Storage:

Paper.

Manual by month, year and name.

Stored in guarded building; released only to authorized personnel.

Indefinite.

Chief Administrative Law Judge, Federal Mine Safety and Health Review Commission, Room 642, 1730 K Street, NW, Washington, DC 20006.

Contact Executive Director or refer to the Commission access regulations contained in 29 CFR part 2705.

Contact Executive Director or refer to the Commission access regulations contained in 29 CFR part 2705.

Contact Executive Director or refer to the Commission access regulations contained in 29 CFR part 2705.

The subject individual; the Commission.

Federal Mine Safety and Health Review Commission ("Agency" )

In the event that a system of records maintained by this Agency to carry out it functions indicates a violation or potential violation of law, whether civil, criminal or regulatory in nature, and whether arising by general statue or particular program statute, or by regulation, rule or order issued pursuant thereto, the relevant records in the system of records may be referred, as a routine use, to the appropriate agency, whether federal, state, local or foreign, charged with the responsibility of investigating or prosecuting such violation or charged with enforcing or implementing the statute or rule, regulation or order issued pursuant thereto.

A record from this system or records may be disclosed as a "routine use" to a federal, state or local agency maintaining civil, criminal or other relevant enforcement information or other pertinent information, such as current licenses, if necessary to obtain information relevant to an Agency decision concerning the hiring or retention of an employee, the issuance of a security clearance, the letting of a contract or the issuance of a license, grant or other benefit.

A record from this system of records may be disclosed to a federal agency, in response to its request, in connection with the hiring or retention of an employee, the issuance of a security clearance, the reporting of an investigation of an employee, the letting of a contract, or the issuance of a license, grant or other benefit by the requesting agency, to the extent that the information is relevant and necessary to the requesting agency's decision in the matter.

A record from this system of records may be disclosed to the duly authorized official engaged in investigation or settlement of a grievance, complaint, or appeal filed by an employee. A record from this system of records may be disclosed to the United States Office of Personnel Management in accordance with that agency's responsibility for evaluation and oversight of federal personnel management.

A record from this system of records may be disclosed to officers and employees of a federal agency for purposes of audit.

The information contained in this system of records will be disclosed to the Office of Management and Budget in connection with the review of private relief legislation as set forth in OBM Circular No. A-19 at any stage of the legislative coordination and clearance process as set forth in that Circular.

A record from this system of records may be disclosed as a routine use to a Member of Congress or to a Congressional staff member in response to an inquiry of the Congressional office made at the request of the individual about whom the record is maintained.

A record from this system of records may be disclosed to officers and employees of the General Service Administration in connection with administrative services provided to this Agency under agreement with GSA.

 Labor Federal Mine Safety and Health Review Commission PRIVACY ACT IMPLEMENTATION

Sec.

2705.1 Purpose and scope.

2705.2 Definitions.

2705.3 Procedure for requests pertaining to individuals' records in a records system.

2705.4 Times, places, and requirements for the identification of the individual making a request.

2705.5 Access to requested information to the individual.

2705.6 Request for correction or amendment to the record.

2705.7 Agency review of request for correction or amendment of the record.

2705.8 Appeal of an initial adverse Commission determination on correction or amendment of the record.

2705.9 Disclosure of record to a person other than the individual to whom the record pertains.

2705.10 Fees.

Authority: 5 U.S.C. 552a; Pub. L. 93-579.

Source: 49 FR 38542, Oct. 1, 1984, unless otherwise noted.

§ 2705.1 Purpose and scope.

The purposes of these regulations are to:

(a) Establish a procedure by which an individual can determine if the Federal Mine Safety and Health Review Commission, hereafter the "Commission," maintains a system of records which includes a record pertaining to the individual. This does not include Commission files generated in adversary proceedings under the Federal Mine Safety and Health Act; and

(b) Establish a procedure by which an individual can gain access to a record pertaining to him or her for the purpose of review, amendment and/or correction.

[49 FR 38542, Oct. 1, 1984, as amended at 71 FR 44210, Aug. 4, 2006]

§ 2705.2 Definitions.

For the purpose of these regulations--

(a) The term individual means a citizen of the United States or an alien lawfully admitted for permanent residence;

(b) The term maintain includes maintain, collect, use of disseminate;

(c) The term record means any item, collection or grouping of information about an individual that is maintained by the Commission, including, but not limited to, his or her employment history, payroll information, and financial transactions and that contains his or her name, or the identifying number, symbol, or other identifying particular assigned to the individual, such as social security number;

(d) The term system of records means a group of any records under control of the Commission from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual; and

(e) The term routine use means, with respect to the disclosure of a record, the use of such record for a purpose which is compatible with the purpose for which it was collected.

[49 FR 38542, Oct. 1, 1984, as amended at 71 FR 54905, Sept. 20, 2006]

§ 2705.3 Procedure for requests pertaining to individuals' records in a records system.

An individual shall submit a request to the Executive Director to determine if a system of records named by the individual contains a record pertaining to the individual. If a record pertaining to the individual does exist in the specified system of records and the individual wishes to review that record he or she shall submit a request to the Executive Director of the Commission which states the individual's desire to review his or her record.

§ 2705.4 Times, places, and requirements for the identification of the individual making a request.

An individual making a request to the Executive Director of the Commission pursuant to § 2705.3 shall present a written request at the Commission Office, 601 New Jersey Avenue, NW., Suite 9500, Washington, DC 20001, on any business day between the hour of 8:30 a.m. and 5:00 p.m. The individual submitting the request should present himself or herself at the Commission's offices with a form of identification which will permit the Commission to verify that the individual is the same individual as contained in the record requested.

[49 FR 38542, Oct. 1, 1984, as amended at 67 FR 60863, Sept. 27, 2002]

§ 2705.5 Access to requested information to the individual.

As soon as practicable after verification of identity the Commission shall disclose to the individual the information contained in the record which pertains to that individual.

§ 2705.6 Request for correction or amendment to the record.

The individual shall submit a written request to the Executive Director which states the individual's desire to correct or to amend his or her record and details the specific corrections or amendments sought. This request is to be made in accord with provisions of § 2705.4.

§ 2705.7 Agency review of request for correction or amendment of the record.

Within ten working days of the receipt of the request to correct or to amend the record, the Executive Director will acknowledge in writing such receipt and promptly either--

(a) Make any correction or amendment to that portion of the record which the individual believes is not accurate, relevant, timely, or complete; or

(b) Inform the individual of the Executive Director's refusal to correct or to amend the record in accordance with the request, and the procedures established by the Commission for the individual to request a review of that refusal.

§ 2705.8 Appeal of an initial adverse Commission determination on correction or amendment of the record.

An individual who disagrees with the refusal of the Executive Director to correct or to amend his or her record may submit a request for a review of such refusal to the Chairman, Federal Mine Safety and Health Review Commission, 601 New Jersey Avenue, NW., Suite 9500, Washington, DC 20001. The Chairman will, not later than thirty working days from the date on which the individual requests such review, complete such review and make final determination unless, for good cause shown, the Chairman extends such thirty-day period. If, after his or her review, the Chairman also refuses to correct or to amend the record in accordance with the request, the Individual may file with the Commission a concise statement setting forth the reasons for his or her disagreement with the refusal of the Commission and may seek judicial review of the Chairman's determination under 5 U.S.C. 552a(g)(1)(A).

[49 FR 38542, Oct. 1, 1984, as amended at 67 FR 60863, Sept. 27, 2002]

§ 2705.9 Disclosure of record to a person other than the individual to whom the record pertains.

The Commission will not disclose a record to any individual other than the individual to whom the record pertains without receiving the prior written consent of the individual to whom the record pertains, unless the disclosure has been listed as a "routine use" in the Commission's notices of its system of records, or falls within one of the special disclosure situations listed in the Privacy Act of 1974 (5 U.S.C. 552a(b)).

§ 2705.10 Fees.

If an individual requests copies of his or her record, he or she will be charged a reasonable fee, excluding the cost of any search for review of the record, in advance of receipt of the pages.