[Federal Register Volume 62, Number 105 (Monday, June 2, 1997)]
[Notices]
[Pages 29714-29717]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-14336]


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CONSUMER PRODUCT SAFETY COMMISSION


Privacy Act of 1974; Announcement of Systems of Records and 
Deletion of System of Records

AGENCY: Consumer Product Safety Commission.

ACTION: Announcement of systems of records.

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DATES: The newly published systems of records will become effective on 
July 14,

[[Page 29715]]

1997, unless comments are received which require a contrary 
determination. The deletion of a system of records is effective June 2, 
1997.

ADDRESSES: Comments should be mailed to the Office of the Secretary, 
Consumer Product Safety Commission, Washington, DC 20207, or E-Mailed 
to [email protected].

FOR FURTHER INFORMATION CONTACT:
Joseph F. Rosenthal, Office of the General Counsel, Consumer Product 
Safety Commission, Washington, DC 20207, Telephone (301) 504-0980.

SUPPLEMENTARY INFORMATION: The Consumer Product Safety Commission is 
publishing notice of four systems of records and is deleting one system 
of records.
    The first system of records, Enforcement and Investigation Files--
CPSC-7, covers the various kinds of documents which are assembled and 
indexed to support actual or potential actions to enforce the 
Commission's statutes and regulations. A proposed regulation exempting 
these documents from certain provisions of the Privacy Act appears 
elsewhere in this issue of the Federal Register.
    The second system of records, Integrated Field System--CPSC-8, 
covers a computerized system that records and retrieves the various 
investigatory and other actions carried out by individual members of 
the Commission's field staff.
    The third system of records, Procurement Files--CPSC-10, consists 
of that subset of the Commission's procurement files relating to 
procurements from individuals, as opposed to files on procurements from 
business entities which are not subject to the Privacy Act.
    The fourth system of records, Procurement Integrity Files--CPSC-18, 
covers a file of paper forms, alphabetized by name, which contains the 
social security numbers of Commission employees involved in procurement 
activities.
    A previously published system of records, Western Regional Center 
Outreach Records--CPSC-21, no longer exists and is being deleted.
    The Chairman of the Committee on Governmental Affairs of the 
Senate, the Chairman of the Committee on Government Reform and 
Oversight of the House of Representatives, and the Office of Management 
and Budget have been notified of these systems.
    Accordingly, CPSC-21 is removed and reserved and the following four 
systems are added to the Consumer Product Safety Commission's inventory 
of Privacy Act notices.

    Dated: May 27, 1997.
Sadye E. Dunn,
Secretary, Consumer Product Safety Commission.
CPSC-7

System name:
    Enforcement and Investigation Files.

System location:
    Office of Compliance, and Office of the General Counsel, Consumer 
Product Safety Commission, 4330 East West Highway, Bethesda, MD 20814.

Categories of individuals covered by the system:
    Individuals who are the authors or recipients of documents received 
by, or generated by, the Consumer Product Safety Commission in 
preparation for, or the conduct of, potential or actual administrative 
or judicial enforcement actions and individuals mentioned in such 
documents.

Categories of records in the system:
    Memoranda, correspondence, test reports, injury reports, notes, and 
any other documents relating to the preparation for, or conduct of, 
potential or actual administrative or judicial enforcement actions. The 
materials may contain personal information as well as purely legal and 
technical information.

Authority for maintenance of the system:
    15 U.S.C. 1194, 1195, 1196, 1264, 1265, 2069, 2070.

Purpose(s):
    These files are used by Commission attorneys, compliance officers, 
and supporting technical staff investigating product hazards and 
enforcing the Commission's statutory authority.

Routine uses of records maintained in the system, including categories 
of users and the purposes of such uses:
    These records may be cited and quoted in the course of enforcement 
negotiations, and in pleadings filed with an adjudicative body and 
served on opposing counsel. They may be disclosed to the Department of 
Justice in connection with the conduct of litigation.

Policies and practices for storing, retrieving, accessing, retaining, 
and disposing of records in the system:
Storage:
    Records are stored in file folders or computer files or both.

Retrievability:
    Paper records may be filed by and retrievable by name of the 
document's author or addressee or by other indicia. Computer records 
are indexed by, and retrievable by the names and other indicia of 
authors and addresses, and may permit retrieval by names elsewhere in 
documents.

Safeguards:
    Paper records are kept in secure areas. Computer records are 
protected by passwords available only to staff with a need to know.

Retention and disposal:
    Computer records are kept indefinitely. Paper records are 
transferred to the Federal Records Center five years after case is 
closed.

System manager(s) and address:
    General Counsel and Director, Office of Compliance, Consumer 
Product Safety Commission, Washington, DC 20207.

Notification procedure:
    Freedom of Information/Privacy Act Officer, Consumer Product Safety 
Commission, Washington, DC 20207.

Record access procedures:
    Same as notification.

Contesting record procedures:
    Same as notification.

Record source categories:
    These records come from organizations and individuals under 
investigation, from Commission attorneys, compliance officers, 
investigators, and supporting technical staff, and from other sources 
of information relevant to an investigation or adjudication.

Systems exempted from certain provisions of the act:
    All portions of this system of records which fall within 5 U.S.C. 
552a(k)(2) (investigatory materials compiled for law enforcement 
purposes) are exempt from the provisions of 5 U.S.C. 552a(c)(3) 
(mandatory accounting of disclosures); 5 U.S.C. 552a(d) (access by 
individuals to records that pertain to them); 5 U.S.C. 552a(e)(1) 
(requirement to maintain only such information as is relevant and 
necessary to accomplish an authorized agency purpose); 5 U.S.C. 
552a(e)(4)(G) (mandatory procedures to notify individuals of the 
existence of records pertaining to them); 5 U.S.C. 552a(e)(4)(H) 
(mandatory procedures to notify individuals how they can obtain access 
to and contest records pertaining to them); 5 U.S.C. 552a(e)(4)(I) 
(mandatory disclosure of record source categories); and the 
Commission's regulations in 16 CFR part 1014 that implement these 
statutory provisions.

[[Page 29716]]

CPCS-8

System name:
    Integrated Field System.

System location:
    Directorate for Field Operations, Consumer Product Safety 
Commission, 4330 East West Highway, Bethesda, MD 20814.

Categories of individuals covered by the system:
    Personnel of the Consumer Product Safety Commission and persons 
signing affidavits related to items acquired for testing or evidentiary 
purposes by the Commission.

Categories of records in the system:
    These records contain data regarding inspections, accident 
investigations, recall effectiveness checks, and the collection and 
custody of product samples for testing or evidentiary purposes. These 
records contain task assignments made to field personnel, the names of 
the designated personnel and their supervisors, initial target 
completion dates, revised target completion dates, and actual 
completion dates.

Authority for maintenance of the system:
    15 U.S.C. 2053, 2076(f).

Purpose(s):
    The Directorate of Field Operations and the Office of Compliance 
use this system to manage their operations and document the results of 
their investigatory activities for potential enforcement action by the 
Commission. The system is accessed and used in the field by 
supervisors, investigators, and compliance officers, and at 
headquarters by compliance officers and managers. It is used to monitor 
staff workloads and may be used to evaluate staff performance. 
Statistical compilations from these records may be used in reports to 
management, Congress, or the press.

Routine uses of records maintained in the system, including categories 
of users and the purposes of such uses:
    These records may be cited and quoted in the course of enforcement 
negotiations, and in pleadings filed with an adjudicative body and 
served on opposing counsel. They may be disclosed to the Department of 
Justice in connection with the conduct of litigation.

Policies and practices for storing, retrieving, accessing, retaining, 
and disposing of records in the system:

Storage:
    These records are stored in a computer database system. Users of 
the system may make printouts of selected portions of the records from 
time to time.

Retrievability:
    Information may be retrieved by any field, including personal name 
or identifiers, by authorized headquarters and field staff.

Safeguards:
    Access to the computer records requires two separate passwords, one 
for the network on which the database resides and one for the database 
itself. Paper records are kept in secure locations.

Retention and disposal:
    Computer records are kept indefinitely. Paper records are 
transferred to the Federal Records Center after five years.

System manager(s) and address:
    Deputy Executive Director, Directorate for Field Operations, 
Consumer Product Safety Commission, Washington, DC 20207.

Notification procedure:
    Freedom of Information/Privacy Act Officer, Office of the 
Secretary, Consumer Product Safety Commission, Washington, DC 20207.

Record access procedures:
    Same as notification.

Contesting record procedures:
    Same as notification.

Record source categories:
    Information comes primarily from field staff and their supervisors.
CPSC-10

System name:
    Procurement Files.

System location:
    Division of Procurement Services, Consumer Product Safety 
Commission, 4330 East West Highway, Bethesda, MD 20814.

Categories of individuals covered by the system:
    Individuals who sell goods or services to the Consumer Product 
Safety Commission

Categories of records in the system:
    Contracts, proposals, purchase orders, correspondence and other 
documents related to specific procurements from individuals. These 
records may include social security number, home address, bank account 
number, home telephone number, and sometimes other personal data. 
Documents related to procurements from corporations, partnerships, or 
other such business entities are not included in this system of 
records.

Authority for maintenance of the system:
    15 U.S.C. 2076.

Purpose(s):
    These records support all facets of the Commission's procurement 
activities.

Routine uses of records in the system, including categories of users 
and the purposes of such uses:
    (1) To the U.S. Department of Justice when related to litigation or 
anticipated litigation.
    (2) To the appropriate Federal, State, or local investigation or 
enforcement agency when there is an indication of a violation of 
potential violation of statute or regulation in connection with a 
procurement.
    (3) To a Congressional office in response to an inquiry made at the 
request of the individual who is the subject of the record.
    (4) To the General Accounting Office in the event of a procurement 
protest involving the individual.
    (5) To the General Services Administration Board of Contract 
Appeals in the event of a contract claim or dispute involving the 
individual.

Disclosure to consumer reporting agencies;
    Disclosures pursuant to 5 U.S.C. 552a(b)(12). Pursuant to 5 U.S.C. 
552a(b)(12), disclosures may be made to a consumer reporting agency 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)).

Policies and practices for storing, retrieving, accessing, retaining, 
and disposing of records in the system:
Storage:
    Records are stored in file folders. Extracts of these records, 
including social security number, address, and phone number, are kept 
in a computer database.

Retrievability:
    Records are retrieved from the computer database by personal name, 
contract number, and other fields. Paper records are retrieved by 
contract number, which may be retrieved by first searching for the 
personal name in the computer database.

[[Page 29717]]

Safeguards:
    Paper records are stored in locked cabinets in a secure area. 
Computer records are accessible only through the use of two separate 
passwords, which are issued to those with a need to know.

Retention and disposal:
    Computer records are kept indefinitely. Paper records are destroyed 
6 years and 3 months after final payment.

System manager(s) and address:
    Director, Division of Procurement Services, Consumer Product Safety 
Commission, Washington, DC 20207.

Notification procedure:
    Freedom of Information/Privacy Act Officer, Office of the 
Secretary, Consumer Product Safety Commission, Washington, DC 20207.

Record access procedures:
    Same as notification.

Contesting record procedures:
    Same as notification.

Record source categories:
    Personal information in these records is normally obtained from the 
person to whom the records pertains, but other information may be 
obtained from references or past performance reports.
CPSC-18

System name:
    Procurement Integrity Records.

System location:
    Division of Procurement Services, Consumer Product Safety 
Commission, 4330 East West Highway, Bethesda, MD 20814.

Categories of individuals covered by the system:
    Commission employees involved in the purchase of goods or services.

Categories of records in the system:
    Procurement Integrity Certificates. These are standard forms that 
are certifications that the employees to whom they pertain understand 
and will abide by specified laws and regulations pertaining to 
procurement activities. The forms include the name, signature and, for 
forms completed before April, 1997, the social security number of the 
individuals.

Authority for maintenance of the system:
    41 U.S.C. 423(l)(2).

Purpose(s):
    These certificates provide continuing evidence of an individual's 
qualification to participate in procurement activities.

Routine uses of records maintained in the system, including categories 
of users and the purposes of such uses:
    Transfers to Federal, State, local, or foreign agencies when 
relevant to civil, criminal, administrative, or regulatory 
investigations or proceedings, including transfer to the Office of 
Government Ethics in connection with its program oversight 
responsibilities, or pursuant to a request by any appropriate Federal 
agency in connection with hiring, retention, or grievance of an 
employee or applicant, the issuance of a security clearance, the award 
or administration of a contract, the issuance of a license, grant, or 
other benefit, to committees of the Congress, or any other use 
specified by the Office of Personnel Management (OPM) in the system of 
records entitled ``OPM/GOVT-1, General Personnel Records,'' as 
published in the Federal Register periodically by OPM.

Policies and practices for storing, retrieving, accessing, retaining, 
and disposing of records in the system:
Storage:
    Stored alphabetically in file folders.

Retrievability:
    Retrieved by name of the individual to whom the record pertains.

Safeguards:
    Records are kept in a secure area.

Retention and disposal:
    Records are kept until no longer needed.

System manager(s) and address:
    Director, Division of Procurement Services, Consumer Product Safety 
Commission, Washington, DC 20207.

Notification procedure:
    Freedom of Information/Privacy Act Officer, Office of the 
Secretary, Consumer Product Safety Commission, Washington, DC 20207.

Record access procedures:
    Same as notification.

Contesting record procedures:
    Same as notification.

Record source categories:
    Information is supplied by the individual to whom a record 
pertains.

[FR Doc. 97-14336 Filed 5-30-97; 8:45 am]
BILLING CODE 6355-01-M