[Federal Register Volume 68, Number 14 (Wednesday, January 22, 2003)]
[Notices]
[Pages 3098-3109]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-1101]



[[Page 3097]]

-----------------------------------------------------------------------

Part II





Office of Government Ethics





-----------------------------------------------------------------------



Privacy Act of 1974; Systems of Records; Notice

  Federal Register / Vol. 68, No. 14 / Wednesday, January 22, 2003 / 
Notices  

[[Page 3098]]


-----------------------------------------------------------------------

OFFICE OF GOVERNMENT ETHICS


Privacy Act of 1974; Systems of Records

AGENCY: Office of Government Ethics (OGE).

ACTION: Notice of proposed new and revised systems of records.

-----------------------------------------------------------------------

SUMMARY: In this notice, OGE is proposing to revise and rename two 
existing Governmentwide systems of records under the Privacy Act 
covering Executive Branch Personnel Public Financial Disclosure Reports 
and Other Name-Retrieved Ethics Program Records, and Executive Branch 
Confidential Financial Disclosure Reports. In addition, OGE is 
establishing five new internal systems of records for employees of the 
Office of Government Ethics only, covering Pay, Leave and Travel 
Records, Telephone Call Detail Records, Grievance Records, Computer 
Systems Activity and Access Records, and Employee Locator and Emergency 
Notification Records. This notice fulfills the requirement of the 
Privacy Act of 1974 that an agency publish a Federal Register notice of 
its systems of records.

DATES: Public comments are invited and must be received by March 24, 
2003. These proposed new and revised systems of records will become 
effective without change May 22, 2003, unless comments are received 
which result in a contrary determination by OGE.

ADDRESSES: Comments on any aspect of these OGE systems of records 
should be sent to the Office of Government Ethics, Suite 500, 1201 New 
York Avenue, NW., Washington, DC 20005-3917, Attention: Ms. Newton. 
Electronic comments may also be sent to OGE's Internet E-mail address 
at [email protected] (such comments should include the caption ``OGE 
Privacy Act New and Revised Systems of Records'').

FOR FURTHER INFORMATION CONTACT: Elaine Newton, Attorney-Advisor, 
Office of Government Ethics, telephone: 202-208-8000, extension 1137; 
TDD: 202-208-8025; FAX: 202-208-8037.

SUPPLEMENTARY INFORMATION:
    A. Background. Under the Privacy Act, 5 U.S.C. 552a(e)(4), each 
agency is required to publish in the Federal Register notice of the 
establishment and revision of its systems notices. The Office of 
Government Ethics (OGE) used to be part of the Office of Personnel 
Management (OPM). Not long after OGE became a separate agency on 
October 1, 1989, OGE published in the Federal Register two 
Governmentwide systems of records (55 FR 6327-6331 (February 22, 1990)) 
that were previously among OPM's systems of records (old OPM/GOVT-4 & -
8). This present notice revises those two existing Governmentwide 
systems of records and establishes five new internal OGE systems of 
records.
    B. Revised Systems of Records. OGE is proposing to revise and 
rename its two existing Governmentwide systems of records: OGE/GOVT-1 
(Executive Branch Public Financial Disclosure Reports and Other Ethics 
Program Records) and OGE/GOVT-2 (Confidential Statements of Employment 
and Financial Interests). The proposed revisions to both systems 
include a change in the name of each system to: Executive Branch 
Personnel Public Financial Disclosure Reports and Other Name-Retrieved 
Ethics Program Records (OGE/GOVT-1) and Executive Branch Confidential 
Financial Disclosure Reports (OGE/GOVT-2). Other proposed revisions 
include different systems managers, as well as additional routine uses 
including disclosures between agencies with respect to transferred or 
detailed employees, to Congress (on behalf of the subject individual), 
to an adjudicative body and the Department of Justice in connection 
with litigation, and to contractors and other non-Government employees 
working on ethics matters for agencies. In addition, a change in the 
pay threshold for the collection of the public financial disclosure 
reports would be reflected in OGE/GOVT-1.
    C. New Internal Systems of Records. OGE is also proposing to 
establish five new internal systems of records to cover current and 
former OGE employees: OGE/INTERNAL-1 (Pay, Leave and Travel Records), 
OGE/INTERNAL-2 (Telephone Call Detail Records), OGE/INTERNAL-3 
(Grievance Records), OGE/INTERNAL-4 (Computer Systems Activity and 
Access Records), and OGE/INTERNAL-5 (Employee Locator and Emergency 
Notification Records).
    The records for maintenance in proposed OGE/INTERNAL-1 are those 
used to administer the pay, leave, and travel requirements of OGE. In 
this proposed system, the records could be disclosed for a number of 
routine uses compatible with the purposes for which the information in 
the records was collected, including to the Department of the Treasury, 
to the Internal Revenue Service, to authorized employees of another 
Federal agency that provides OGE with assistance in processing pay, 
leave and travel, to the Office of Management and Budget, to Congress, 
to a court or another adjudicative body, to an adjudicative body and 
the Department of Justice in connection with litigation, to labor 
organization officials for exclusive representation purposes or to the 
appropriate Department of Health and Human Services employees for 
matters related to paternity and child support. These documents are 
located in a secured environment and are maintained and disposed of in 
accordance with the National Archives and Records Administration 
General Records Schedules 2 and 9.
    The records for maintenance in OGE/INTERNAL-2 are those used to 
verify the telephone usage of current and former OGE employees, who 
receive telephone calls placed from or charged to telephones of the 
Office of Government Ethics. This proposed system is being established 
consistent with the Office of Management and Budget recommendation that 
agencies create a system of records to maintain telephone call detail 
records that are used to determine accountability for telephone usage. 
52 FR 12990-12992 (04/20/87). In this proposed system, the records 
could be disclosed for a number of routine uses compatible with the 
purposes for which the information in the records was collected, 
including to telecommunications companies, to the General Services 
Administration, to Congress, to a court or other tribunal, to the 
Department of Justice in connection with litigation, to an appropriate 
Federal, State or local agency responsible for investigating possible 
violations of civil, criminal law or regulation, or to labor 
organization officials for exclusive representation purposes. These 
documents are located in a secured environment and are maintained and 
disposed of in accordance with the National Archives and Records 
Administration General Records Schedule 12.
    The records for maintenance in proposed OGE/INTERNAL-3 are those 
that contain information relating to grievances filed by OGE employees 
under administrative procedures authorized by 5 CFR part 771 as well as 
records of negotiated grievances and arbitration systems that OGE has 
or may establish through negotiations with recognized labor 
organizations in accordance with 5 U.S.C. 7121. In this proposed 
system, the records could be disclosed for a number of routine uses 
compatible with the purposes for which the information in the records 
was collected, including to Congress, a court or another adjudicative 
body, an adjudicative body and the Department of Justice in connection 
with litigation, to any source from which additional information is 
required in the course of processing a grievance, to the extent 
necessary to identify the individual,

[[Page 3099]]

inform the source of the purpose(s) of the request, and identify the 
type of information required, to labor organization officials for 
exclusive representation purposes, or to the Department of Labor for 
labor-management functions. These documents are located in a secured 
environment and are maintained and disposed of in accordance with the 
appropriate National Archives and Records Administration General 
Records Schedules or other records disposition authority.
    The records for maintenance in proposed OGE/INTERNAL-4 are those 
that contain data used by OGE systems and security personnel, or 
persons authorized to assist these individuals to plan and manage 
system services and to perform their official duties. In this proposed 
system, the records could be disclosed for a number of routine uses 
compatible with the purposes for which the information in the records 
was collected, including to investigate improper access or other 
improper activity related to computer system access; to initiate 
disciplinary or other such action; and/or where the record(s) may 
appear to indicate a violation or potential violation of the law, to 
refer such record(s) to the appropriate law enforcement agency for 
investigation. These documents are located in a secured environment and 
are maintained and disposed of in accordance with the National Archives 
and Records Administration General Records Schedule 20.
    The records for maintenance in proposed OGE/INTERNAL-5 are those 
used to identify an individual for OGE officials to contact should an 
emergency (medical or otherwise) occur while the employee is on the 
job. The information contained in this system as proposed could also be 
used by authorized OGE personnel to contact OGE employees working from 
home or, on infrequent occasions, to contact OGE employees absent from 
work about work-related issues. These documents are located in a 
secured environment and are maintained and disposed of in accordance 
with the appropriate OGE records disposition authority.
    D. Consultation with OMB and the Congress. In accordance with 5 
U.S.C. 552a(r) of the Privacy Act, the Office of Government Ethics 
(OGE) has provided a report on the new and proposed revised systems to 
the Office of Management and Budget (OMB) and the Committee on 
Government Reform and Oversight of the House of Representatives and the 
Committee on Governmental Affairs of the Senate.

    Approved: January 10, 2003.
Amy L. Comstock,
Director, Office of Government Ethics.

    Accordingly, the Office of Government Ethics is publishing the 
following notice of proposed revised Privacy Act Governmentwide systems 
of records and proposed new OGE internal Privacy Act systems of 
records:
OGE/GOVT-1

SYSTEM NAME:
    Executive Branch Personnel Public Financial Disclosure Reports and 
Other Name-Retrieved Ethics Program Records.

SYSTEM LOCATION:
    Office of Government Ethics, Suite 500, 1201 New York Avenue, NW., 
Washington, DC 20005-3917, and designated agency ethics offices.

SECURITY CLASSIFICATION:
    None.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    This system contains records on: The President, Vice President, and 
candidates for those offices; officers and employees including special 
Government employees, whose positions are classified above GS-15 of the 
General Schedule or at an equivalent rate of basic pay equal to or 
greater than 120% of the minimum rate of basic pay for GS-15; officers 
or employees in a position determined by the Director of the Office of 
Government Ethics to be of equal classification to GS-15 or above; 
Administrative Law Judges; excepted service employees in positions that 
are of a confidential or policymaking nature unless an employee or 
group of employees are exempted by the Director of the Office of 
Government Ethics; members of a uniformed service whose pay grade is at 
or in excess of O-7 under section 201 of title 37, United States Code; 
the Postmaster General, the Deputy Postmaster General, Governor of the 
Board of Governors of the U.S. Postal Service and each officer or 
employee of the U.S. Postal Service or Postal Rate Commission whose 
basic rate of pay is equal to or greater than 120% of the minimum rate 
of basic pay for GS-15; the Director of the Office of Government Ethics 
and each agency's primary designated agency ethics official; any 
civilian employee employed in the Executive Office of the President 
(other than a special Government employee) who holds a commission of 
appointment from the President; and nominees for positions requiring 
Senate confirmation. This system includes both former and current 
employees in these categories who have filed financial disclosure 
statements under the requirements of the Ethics in Government Act of 
1978, as amended, or who otherwise come under the requirements of the 
Ethics Act. This system also contains information that is necessary for 
administering all provisions of the Ethics in Government Act of 1978 
and the Ethics Reform Act of 1989 (Pub. L. 101-194), as amended, and 
E.O. 12674 as modified on any current or former officer or employee of 
the executive branch.

CATEGORIES OF RECORDS IN THE SYSTEM:
    This system of records contains: Financial information such as 
salary, dividends, retirement benefits, interests in property, deposits 
in a bank and other financial institutions; information on gifts 
received; information on certain liabilities; information about 
positions as an officer, director, trustee, general partner, 
proprietor, representative, employee, or consultant of any corporation, 
company, firm, partnership, or other business, non-profit organization, 
labor organization, or educational institution; information about non-
Government employment agreements, such as leaves of absence to accept 
Federal service, continuation of payments by a non-Federal employer; 
and information about assets placed in trust pending disposal. This 
system also includes other documents developed or information and 
material received by the Director of the Office of Government Ethics, 
or agency ethics officials in administering the Ethics of Government 
Act of 1978 or the Ethics Reform Act of 1989, as amended, which are 
retrieved by name or other personal identifier. Such other documents or 
information may include, but will not be limited to: ethics agreements, 
documentation of waivers issued to an officer or employee by an agency 
pursuant to section 208(b)(1) or section 208(b)(3) of title 18, U.S.C.; 
certificates of divestiture issued by the President or by the Director 
of OGE pursuant to section 502 of the Ethics Reform Act of 1989; 
information necessary for the rendering of ethics counseling, advice or 
formal advisory opinions, or the resolution of complaints; the actual 
opinions issued; and records of referrals and consultations regarding 
current and former employee's who are or have been the subject of 
conflicts of interest or standards of conduct inquiries or 
determinations, or employees who are alleged to have violated 
department, agency or Federal ethics statutes, rules, regulations or 
Executive orders. Such information may include

[[Page 3100]]

correspondence, documents or material concerning an individual's 
conduct, reports of investigations with related exhibits, statements, 
affidavits or other records obtained during an inquiry. These documents 
may include information related to personal and family financial and 
other business interests, positions held outside the Government and 
acceptance of gifts. The records may also contain reports of action 
taken by the agency, decisions and reports on legal or disciplinary 
action resulting from any referred administrative action or 
prosecution.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    5 U.S.C. 7301, 7351, 7353; 5 U.S.C. App. (Ethics in Government Act 
of 1978); 31 U.S.C. 1353; E.O. 12674 (as modified by E.O. 12731).

PURPOSE(S):
    All records are maintained in accordance with the requirements of 
the Ethics in Government Act of 1978 and the Ethics Reform Act of 1989, 
as amended, and E.O. 12674 as modified. These requirements include the 
filing of financial status reports, reports concerning certain 
agreements between the covered individual and any prior private sector 
employer, ethics agreements, and the preservation of waivers issued to 
an officer or employee pursuant to section 208 of title 18 and 
certificates of divestiture issued pursuant to section 502 of the 
Ethics Reform Act. Such statements and related records are required to 
assure compliance with these acts and to preserve and promote the 
integrity of public officials and institutions. The requirements also 
include the possession or maintenance of information being researched 
or prepared for referral by ethics officials concerning employees or 
former employees of the Federal Government who are the subject of 
complaints of misconduct or alleged violations of ethics laws. These 
complaints may be referred to the Office of the Inspector General of 
the agency where the employee is or was employed or to the Department 
of Justice.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSES OF SUCH USES:
    These records and information in these records may be used:
    a. To disclose the information furnished by the reporting official, 
in accordance with provisions of section 105 of the Ethics in 
Government Act of 1978, as amended, to any requesting person.
    b. To disclose, in accordance with section 105 of the Ethics in 
Government Act, as amended, and subject to the limitations contained in 
section 208(d)(1) of title 18, U.S.C., any determination granting an 
exemption pursuant to 208(b)(1) or 208(b)(3) of title 18, U.S.C., to 
any requesting person.
    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, where 
OGE becomes aware of an indication of a violation or potential 
violation of civil or criminal law or regulation.
    d. 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, either when the 
Government is a party to a judicial or administrative proceeding or in 
order to comply with a subpoena issued by a judge of a court of 
competent jurisdiction.
    e. To disclose information to any source when necessary to obtain 
information relevant to a conflict-of-interest investigation or 
determination.
    f. By the National Archives and Records Administration or the 
General Services Administration in records management inspections 
conducted under authority of 44 U.S.C. 2904 and 2906.
    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 the Department of Justice, or in a 
proceeding before a court, adjudicative body, or other administrative 
body before which OGE is authorized to appear, when: OGE; or an 
employee of OGE in his or her official capacity, or any employee of OGE 
in his or her individual capacity (where the Department of Justice or 
OGE has agreed to represent the employee); or the United States (when 
OGE determines that litigation is likely to affect OGE), is a party to 
litigation or has an interest in such litigation, and the use of such 
records by the Department of Justice or OGE is deemed by OGE to be 
relevant and necessary to the litigation provided, however, that the 
disclosure is compatible with the purpose for which such records were 
collected.
    i. To disclose the public financial disclosure report and any 
accompanying documents to reviewing officials in a new office, 
department or agency when an employee transfers or is detailed from a 
covered position in one office, department or agency to a covered 
position in another office, department or agency.
    j. To disclose information to a Member of Congress or a 
congressional office in response to an inquiry made on behalf of an 
individual who is the subject of the record.
    k. To disclose information to contractors, grantees, experts, 
consultants, detailees, and other non-Government employees performing 
or working on a contract, service, or other assignment for the Federal 
Government, when necessary to accomplish an agency function related to 
this system of records.

    Note: When an agency is requested to furnish such records to the 
Director or other authorized officials of the Office of Government 
Ethics (OGE), such a disclosure is to be considered as made to those 
officers and employees of the agency which co-maintains the records 
who have a need for the records in the performance of their official 
duties in accordance with the Ethics in Government Act of 1978, 5 
U.S.C. app., and other ethics-related laws, Executive orders and 
regulations conferring pertinent authority on OGE, pursuant to the 
provision of the Privacy Act at 5 U.S.C. 552a(b)(1).

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, 
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
    These records are maintained in paper and/or electronic form.

RETRIEVABILITY:
    These records are retrieved by the name or other programmatic 
identifier assigned to the individual on whom they are maintained.

SAFEGUARDS:
    These records are maintained in file cabinets which may be locked 
or in specified areas to which only authorized personnel have access. 
Electronic records are protected from unauthorized access through 
password identification procedures, limited access, firewalls and other 
system-based protection methods.

RETENTION AND DISPOSAL:
    In accordance with the National Archives and Records Administration 
General Records Schedule for ethics program records, these records are 
generally retained for a period of six years after filing, or for such 
other period of time as is provided for in that schedule for certain 
specified types of ethics records. In cases where records are filed by, 
or with respect to, a nominee for an appointment requiring confirmation 
by the Senate when the nominee is not appointed and Presidential and 
Vice-Presidential

[[Page 3101]]

candidates who are not elected, the records are generally destroyed one 
year after the date the individual ceased being under Senate 
consideration for appointment or is no longer a candidate for office. 
However, if any records are needed in an ongoing investigation, they 
will be retained until no longer needed in the investigation. 
Destruction is by shredding or electronic deletion.

SYSTEM MANAGER(S) AND ADDRESS:
    a. For records filed directly with the Office of Government Ethics 
by non-OGE employees: Deputy Director, Office of Agency Programs, 
Office of Government Ethics, Suite 500, 1201 New York Avenue, NW., 
Washington, DC 20005-3917;
    b. For records filed with a Designated Agency Ethics Official 
(DAEO) or the head of a department or agency: The DAEO at the 
department or agency concerned; and
    c. For records filed with the Federal Election Commission (FEC) by 
candidates for President or Vice President: The General Counsel, Office 
of General Counsel, Federal Election Commission, 999 E Street, NW., 
Washington, DC 20463.

NOTIFICATION PROCEDURE:
    Individuals wishing to inquire whether this system of records 
contains information about them should contact, as appropriate:
    a. For records filed directly with OGE by non-OGE employees, 
contact the OGE Deputy Director, Office of Agency Programs, Office of 
Government Ethics, Suite 500, 1201 New York Avenue, NW., Washington, DC 
20005-3917;
    b. For records filed with a Designated Agency Ethics Official 
(DAEO) or the head of a department or agency, contact the DAEO at the 
department or agency concerned; and
    c. For records filed with the FEC by candidates for President or 
Vice President, contact the FEC General Counsel, Federal Election 
Commission, 999 E Street, NW., Washington, DC 20463.
    Individuals wishing to make such an inquiry must furnish the 
following information for their records to be located and identified:
    a. Full name.
    b. Department or agency and component with which employed or 
proposed to be employed.
    c. Dates of employment.
    Individuals seeking to determine if a system contains information 
about them must also follow OGE's Privacy Act regulations regarding 
verification of identity (5 CFR part 2606).

RECORD ACCESS PROCEDURES:
    Individuals wishing to request access to their records should 
contact the appropriate office as shown in the Notification Procedure 
section. Individuals must furnish the following information for their 
records to be located and identified:
    a. Full name.
    b. Department or agency and component with which employed or 
proposed to be employed.
    c. Dates of employment.
    d. Reasonably specify the record content being sought.
    Individuals requesting access must also follow OGE's Privacy Act 
regulations regarding verification of identity and access to records (5 
CFR part 2606).

CONTESTING RECORD PROCEDURES:
    Since the information in these records is updated on a periodic 
basis, most record corrections can be handled through established 
administrative procedures for updating the records. However, 
individuals can obtain information on the procedures for contesting the 
records under the provisions of the Privacy Act by contacting the 
appropriate office shown in the Notification Procedure section.

RECORD SOURCE CATEGORIES:
    Information in this system of records is provided by:
    a. The subject individual or by a designated person, such as a 
trustee, attorney, accountant, banker, or relative.
    b. Federal officials who review the statements to make conflict of 
interest determinations.
    c. Persons alleging conflict of interests or violations of other 
ethics laws and persons contacted during any investigation of the 
allegations.

EXEMPTIONS CLAIMED FOR THE SYSTEM:
    None.
OGE/GOVT-2

SYSTEM NAME:
    Executive Branch Confidential Financial Disclosure Reports.

SECURITY CLASSIFICATION:
    None.

SYSTEM LOCATION:
    Individual agency ethics offices or other designated agency 
offices.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Officers and employees in the executive branch whose position is 
classified at GS-15 or below of the General Schedule prescribed by 5 
U.S.C. 5332, or the rate of basic pay for which is fixed, other than 
under the General Schedule, at a rate which is less than 120% of the 
minimum rate of basic pay for GS-15 of the General Schedule; officers 
or employees of the United States Postal Service or Postal Rate 
Commission whose basic rate of pay is less than 120% of the minimum 
rate of basic pay for GS-15 of the General Schedule; members of a 
uniformed service whose pay grade is less than O-7 under 37 U.S.C. 201; 
and officers or employees in any other position determined by the 
Designated Agency Ethics Official to be of equal classification. In 
addition, all executive branch special Government employees as defined 
in 18 U.S.C. 202(a) and 5 CFR 2634.105(s) are required to file unless 
they are required to file public financial disclosure reports or their 
position has been excluded from filing. The system includes both 
current and former Federal employees in these categories.

CATEGORIES OF RECORDS IN THE SYSTEM:
    These records contain statements and amended statements of personal 
and family holdings and other interests in property; income; gifts and 
reimbursements; liabilities; agreements and arrangements; outside 
positions; and other information related to conflict of interest 
determinations. These statements may be certifications of no new 
interests for the reporting period, and may be agency supplemental or 
alternative confidential report forms.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    5 U.S.C. App. (Ethics in Government Act of 1978); E.O. 12674 (as 
modified by E.O. 12731).

PURPOSE(S):
    These records are maintained to meet the requirements of or under 
Executive Orders 12674 as modified, 5 CFR part 2634, agency regulations 
thereunder, as well as section 107 of the Ethics in Government Act of 
1978, as amended, concerning the filing of confidential financial 
disclosure reports. Such reports are required to assure compliance with 
ethics laws and regulations, and to determine if an actual or apparent 
conflict of interest exists between the employment of individuals by 
the Federal Government and their outside employment and financial 
interests.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSES OF SUCH USES:
    These confidential records and the information contained therein 
may be used:

[[Page 3102]]

    a. 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, where 
OGE becomes aware of an indication of a violation or potential 
violation of civil or criminal law or regulation.
    b. 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, either when the 
Government is party to a judicial or administrative proceeding or in 
order to comply with a subpoena issued by a judge of a court of 
competent jurisdiction.
    c. To disclose information to any source when necessary to obtain 
information relevant to a conflict-of-interest investigation or 
determination.
    d. To the National Archives and Records Administration or the 
General Services Administration in records management inspections 
conducted under authority of 44 U.S.C. 2904 and 2906.
    e. 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.
    f. To disclose information to the Department of Justice, or in a 
proceeding before a court, adjudicative body, or other administrative 
body before which OGE is authorized to appear, when: OGE; or an 
employee of OGE in his or her official capacity, or any employee of OGE 
in his or her individual capacity (where the Department of Justice or 
OGE has agreed to represent the employee); or the United States (when 
OGE determines that litigation is likely to affect OGE), is a party to 
litigation or has an interest in such litigation, and the use of such 
records by the Department of Justice or OGE is deemed by OGE to be 
relevant and necessary to the litigation provided, however, that the 
disclosure is compatible with the purpose for which such records were 
collected.
    g. To disclose the confidential financial disclosure report or 
certificate of no new interests and any accompanying documents to 
reviewing officials in a new office, department or agency when an 
employee transfers or is detailed from a covered position in one 
office, department or agency to a covered position in another office, 
department or agency.
    h. To disclose information to a Member of Congress or a 
congressional office in response to an inquiry made on behalf of an 
individual who is the subject of the record.
    i. To disclose information to contractors, grantees, experts, 
consultants, detailees, and other non-Government employees performing 
or working on a contract, service, or other assignment for the Federal 
Government, when necessary to accomplish an agency function related to 
this system of records.

    Note: When an agency is requested to furnish such records to the 
Director or other authorized officials of the Office of Government 
Ethics (OGE), such a disclosure is to be considered as made to those 
officers and employees of the agency which co-maintains the records 
who have a need for the records in the performance of their official 
duties in accordance with the Ethics in Government Act of 1978, 5 
U.S.C. app., and other ethics-related laws Executive orders and 
regulations conferring pertinent authority on OGE, pursuant to the 
provision of the Privacy Act at 5 U.S.C. 552a(b)(1).

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, 
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
    These records are maintained in paper and/or electronic form.

RETRIEVABILITY:
    These records are retrieved by the name or other programmatic 
identifier assigned to the individual on whom they are maintained.

SAFEGUARDS:
    These records are located in locked file storage areas or in 
specified areas to which only authorized personnel have access. 
Electronic records are protected from unauthorized access through 
password identification procedures, limited access, firewalls, and 
other system-based protection methods.

RETENTION AND DISPOSAL:
    In accordance with the National Archives and Records Administration 
General Records Schedule for such ethics program records, these records 
generally are retained for six years after filing, except when filed by 
or with respect to a nominee for an appointment requiring confirmation 
by the Senate when the nominee is not appointed. In such cases, the 
records are generally destroyed one year after the date the individual 
ceased being under Senate consideration for appointment. However, if 
any records are needed in an ongoing investigation, they will be 
retained until no longer needed in the investigation. Destruction is by 
shredding or electronic deletion.

SYSTEM MANAGER(S) AND ADDRESS:
    a. For records filed directly with the Office of Government Ethics 
by non-OGE employees: Deputy Director, Office of Agency Programs, 
Office of Government Ethics, Suite 500, 1201 New York Avenue, NW., 
Washington, DC 20005-3917; and
    b. For records filed with a Designated Agency Ethics Official 
(DAEO) or the head of a department or agency: The DAEO at the 
department or agency concerned.

NOTIFICATION PROCEDURE:
    Individuals wishing to inquire whether this system of records 
contains information about them should contact, as appropriate:
    a. For records filed directly with OGE by non-OGE employees, 
contact the OGE Deputy Director, Office of Agency Programs, Office of 
Government Ethics, Suite 500, 1201 New York Avenue, NW., Washington, DC 
20005-3917; or
    b. For records filed with a Designated Agency Ethics Official 
(DAEO) or the head of a department or agency, contact the DAEO at the 
department or agency concerned.
    Individuals wishing to make such an inquiry must furnish the 
following information for their records to be located and identified:
    a. Full name.
    b. Department or agency and component with which employed or 
proposed to be employed.
    c. Dates of employment.
    Individuals seeking to determine if a system contains information 
about them must also follow OGE's Privacy Act regulations regarding 
verification of identity (5 CFR part 2606).

RECORD ACCESS PROCEDURES:
    Individuals wishing to request access to their records should 
contact the Designated Agency Ethics Official or designee at the agency 
where the reports were filed. Individuals must furnish the following 
information for their records to be located and identified:
    a. Full name.
    b. Department or agency and component with which employed or 
proposed to be employed.
    c. Dates of employment.
    d. Reasonably specify the record content being sought.
    Individuals requesting access must also follow OGE's Privacy Act 
regulations regarding verification of identity and access to records (5 
CFR part 2606).

CONTESTING RECORD PROCEDURES:
    Since the information in these records is updated on a periodic 
basis, most

[[Page 3103]]

record corrections can be handled through established administrative 
procedures for updating records. However, individuals can obtain 
information on the procedures for contesting the records under the 
provisions of the Privacy Act by contacting the Designated Agency 
Ethics Official or designee at the agency where the reports were filed.

RECORD SOURCE CATEGORIES:
    Information in this system of records is provided by:
    a. The subject individual or by a designated person such as a 
trustee, attorney, accountant, banker, or relative.
    b. Federal officials who review the statements to make conflict of 
interest determinations.
    c. Persons alleging conflicts of interests or other violations of 
ethics laws and persons contacted during any investigation of the 
allegations.

EXEMPTIONS CLAIMED FOR THE SYSTEM:
    None.
OGE/INTERNAL-1

SYSTEM NAME:
    Pay, Leave and Travel Records.

SYSTEM LOCATION:
    Office of Administration and Information Management, Office of 
Government Ethics, Suite 500, 1201 New York Avenue, NW., Washington, DC 
20005-3917.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Current and former employees of the Office of Government Ethics.

CATEGORIES OF RECORDS IN THE SYSTEM:
    This system contains various records relating to pay, leave, and 
travel. This includes information such as: Name; date of birth; social 
security number; home address; grade; employing organization; 
timekeeper number; salary; pay plan; number of hours worked; leave 
accrual rate, usage, and balances; Civil Service Retirement and Federal 
Retirement System contributions; FICA withholdings; Federal, state, and 
local tax withholdings; Federal Employee's Group Life Insurance 
withholdings; Federal Employee's Health Benefits withholdings; 
charitable deductions; allotments; garnishment documents; travel 
expenses; and information on the leave transfer program and fare 
subsidy program.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    5 U.S.C. 5501, 5525; 5 U.S.C. App. (Ethics in Government Act of 
1978); 44 U.S.C. 3101, 3102.

PURPOSE(S):
    These records are used to administer the pay, leave, and travel 
requirements of the Office of Government Ethics and in the 
administration of the transit fare subsidy program.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSES OF SUCH USES:
    These records and information contained therein may be used:
    a. 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, where 
OGE becomes aware of an indication of a violation or potential 
violation of civil or criminal law or regulation.
    b. 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, either when the 
Government is a party to a judicial or administrative proceeding or in 
order to comply with a subpoena issued by a judge of a court of 
competent jurisdiction.
    c. To disclose information to the National Archives and Records 
Administration or the General Services Administration in records 
management inspections conducted under authority of 44 U.S.C. 2904 and 
2906.
    d. 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.
    e. To disclose information to the Department of Justice, or in a 
proceeding before a court, adjudicative body, or other administrative 
body before which OGE is authorized to appear, when: OGE; or an 
employee of OGE in his or her official capacity, or any employee of OGE 
in his or her individual capacity (where the Department of Justice or 
OGE has agreed to represent the employee); or the United States (when 
OGE determines that litigation is likely to affect OGE), is a party to 
litigation or has an interest in such litigation, and the use of such 
records by the Department of Justice or OGE is deemed by OGE to be 
relevant and necessary to the litigation provided, however, that the 
disclosure is compatible with the purpose for which such records were 
collected.
    f. To disclose information to a Member of Congress or a 
congressional office in response to an inquiry made on behalf of an 
individual who is the subject of the record.
    g. To disclose information to contractors, grantees, experts, 
consultants, detailees, and other non-OGE employees performing or 
working on a contract, service, or other assignment for the Federal 
Government, when necessary to accomplish an agency function related to 
this system of records.
    h. To disclose information to the Department of Labor in connection 
with a claim filed by an employee for compensation due to a job-
connected injury or illness.
    i. To disclose information to the Social Security Administration 
(SSA) and the Department of the Treasury as required in accordance with 
their authorized functions, including Federal Insurance Collections Act 
withholding and benefits for the SSA and the issuance of paychecks and 
savings bonds for the Treasury.
    j. To disclose information to State offices of unemployment 
compensation.
    k. To disclose information to Federal Employees Group Life 
Insurance or Health Benefits carriers in connection with survivor 
annuity or health benefits claims or records reconciliations.
    l. To disclose information to the Internal Revenue Service and 
State and local tax authorities.
    m. To disclose information to any source from which additional 
information is requested relevant to an OGE determination concerning an 
individual's pay, leave, or travel expenses, 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.
    n. To disclose information 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 conducting of a suitability or 
security investigation of an individual, 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 on the matter.
    o. To disclose information to the authorized employees of another 
Federal agency that provides the Office of Government Ethics with 
manual and automated assistance in processing pay, leave, and travel.
    p. To disclose information to officials of the Office of Special 
Counsel, Office of Personnel Management, Federal Labor Relations 
Authority, Merit Systems Protection Board or the Equal Employment 
Opportunity Commission when requested in the performance of

[[Page 3104]]

their authorized duties, including respectively in connection with 
cases and appeals, special studies of the civil service and other merit 
systems, review of personnel matters and practices, investigations of 
alleged or possible prohibited personnel and discrimination practices, 
Hatch Act matters, whistleblower protections, compliance with employee 
selection procedures and investigations of allegations of unfair labor 
practices or matters before the Federal Service Impasses Panel.
    q. To disclose information in compliance with orders, 
interrogatories, and other information requests relevant to garnishment 
orders that OGE is required to comply with in accordance with 42 U.S.C. 
659 (support garnishment) and 5 U.S.C. 5520a (commercial garnishment) 
to a court of competent jurisdiction, an authorized official, or to an 
authorized State agency as defined in 5 CFR parts 581 and 582.
    r. 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 working conditions.
    s. To disclose the names, social security numbers, home addresses, 
date of birth, date of hire, quarterly earnings, employer identifying 
information, and State of hire of employees to the Office of Child 
Support Enforcement, Administration for Children and Families, 
Department of Health and Human Services for the purposes of locating 
individuals to establish paternity, establishing and modifying orders 
of child support, identifying sources of income, and for other child 
support enforcement actions as required by the Personal Responsibility 
and Work Opportunity Reconciliation Act, Pub. L. 104-193, as amended.

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, 
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
    These records are maintained in paper and/or electronic form.

RETRIEVABILITY:
    These records are retrieved by the name, social security number, or 
other identifier assigned to the individual on whom they are 
maintained.

SAFEGUARDS:
    Paper records are maintained in locked file storage areas or in 
specified areas to which only authorized personnel have access. 
Electronic records are protected from unauthorized access through 
password identification procedures, limited access, firewalls, and 
other system-based protection methods.

RETENTION AND DISPOSAL:
    These records are retained for varying periods of time in 
accordance with the National Archives and Records Administration 
General Records Schedule 2 (Payrolling and Pay Administration Records) 
and 9 (Travel and Transportation Records). Disposal of paper records is 
by shredding, and of electronic records by deletion.

SYSTEM MANAGER(S) AND ADDRESS:
    Deputy Director, Office of Administration and Information 
Management, Office of Government Ethics, Suite 500, 1201 New York 
Avenue, NW., Washington, DC 20005-3917.

NOTIFICATION PROCEDURE:
    Individuals wishing to inquire whether this system of records 
contains information about them should contact the Deputy Director, 
Office of Administration and Information Management, Office of 
Government Ethics.
    Individuals wishing to make such an inquiry must furnish the 
following information for their records to be located and identified:
    a. Full name.
    b. Social Security Number.
    c. Dates of employment.
    Individuals seeking to determine if a system contains information 
about them must also follow OGE's Privacy Act regulations regarding 
verification of identity (5 CFR part 2606).

RECORD ACCESS PROCEDURES:
    Individuals wishing to request access to their records should 
contact the Deputy Director, Office of Administration and Information 
Management, Office of Government Ethics. Individuals must furnish the 
following information for their records to be located and identified:
    a. Full name.
    b. Social Security Number.
    c. Dates of employment.
    Individuals requesting access must also follow OGE's Privacy Act 
regulations regarding verification of identity and access to records (5 
CFR part 2606).

CONTESTING RECORD PROCEDURES:
    Individuals wishing to request amendment of records about them 
should contact the System Manager. Individuals must furnish the 
following information for their records to be located and identified:
    a. Full name.
    b. Social Security Number.
    c. Dates of employment.
    Individuals requesting amendment must also follow OGE's Privacy Act 
regulations regarding verification of identity and amendment of records 
(5 CFR part 2606).

RECORD SOURCE CATEGORIES:
    Information in this system of records is obtained from:
    a. The individual to whom the record pertains.
    b. Office of Government Ethics officials responsible for pay, 
leave, and travel requirements.
    c. Other official personnel documents of the Office of Government 
Ethics.

EXEMPTIONS CLAIMED FOR THE SYSTEM:
    None.
OGE/INTERNAL-2

SYSTEM NAME:
    Telephone Call Detail Records.

SYSTEM LOCATION:
    Office of Administration and Information Management, Office of 
Government Ethics, Suite 500, 1201 New York Avenue, NW., Washington, DC 
20005-3917.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    OGE employees who are assigned OGE telephone extension numbers, 
persons performing services on behalf of OGE or are authorized to use 
OGE telephone services, and persons who make or receive telephone calls 
charged to the Office of Government Ethics.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    5 U.S.C. App. (Ethics in Government Act of 1978); 44 U.S.C. 3101.

PURPOSE(S):
    These records are used to verify telephone usage and to resolve 
billing discrepancies. The records may also be used to allocate the 
costs of telephone services to OGE's various offices, to identify 
unofficial telephone calls and as a basis for taking action when OGE 
employees or other persons misuse or abuse OGE telephone services.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSES OF SUCH USES:
    These records and the information contained therein may be used:
    a. 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, where 
OGE becomes aware of an

[[Page 3105]]

indication of a violation or potential violation of civil or criminal 
law or regulation.
    b. 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, either when the 
Government is a party to a judicial or administrative proceeding or in 
order to comply with a subpoena issued by a judge of a court of 
competent jurisdiction.
    c. To disclose information to the National Archives and Records 
Administration or the General Services Administration in records 
management inspections conducted under authority of 44 U.S.C. 2904 and 
2906.
    d. 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.
    e. To disclose information to the Department of Justice, or in a 
proceeding before a court, adjudicative body, or other administrative 
body before which OGE is authorized to appear, when: OGE; or an 
employee of OGE in his or her official capacity, or any employee of OGE 
in his or her individual capacity (where the Department of Justice or 
OGE has agreed to represent the employee); or the United States (when 
OGE determines that litigation is likely to affect OGE), is a party to 
litigation or has an interest in such litigation, and the use of such 
records by the Department of Justice or OGE is deemed by OGE to be 
relevant and necessary to the litigation provided, however, that the 
disclosure is compatible with the purpose for which such records were 
collected.
    f. To disclose information to a Member of Congress or a 
congressional office in response to an inquiry made on behalf of an 
individual who is the subject of the record.
    g. To disclose information to contractors, grantees, experts, 
consultants, detailees, and other non-OGE employees performing or 
working on a contract, service, or other assignment for the Federal 
Government, when necessary to accomplish an agency function related to 
this system of records.
    h. To disclose information to OGE employees or other persons to 
determine their individual responsibility for telephone calls.
    i. To disclose information to a telecommunications company or 
another Federal agency providing telephone services or 
telecommunications services to permit servicing the account;
    j. To disclose information in response to a Federal agency's 
request made in connection with the hiring or retention of an employee, 
the letting of a contract or issuance of a grant, license or other 
benefit by the requesting agency, but only to the extent that the 
information disclosed is relevant and necessary to the requesting 
agency's decision on the matter.
    k. 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 working conditions.

DISCLOSURE TO CONSUMER REPORTING AGENCIES:
    Disclosures may be made from this system, pursuant to 5 U.S.C. 
552a(b)(12), 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)).

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, 
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
    These records are maintained in paper and/or electronic form.

RETRIEVABILITY:
    These records are retrieved by name, telephone extension number or 
some other identifier assigned to the individual on whom they are 
maintained.

SAFEGUARDS:
    Paper records are maintained in file cabinets that may be locked or 
in specified areas to which only authorized personnel have access. 
Automated records are protected from unauthorized access through 
password identification procedures, limited access, firewalls, and 
other system-based protection methods.

RETENTION AND DISPOSAL:
    These records are retained and disposed of in accordance with the 
National Archives and Records Administration General Records Schedule 
12. Disposal of manual records is by shredding, and disposal of 
electronic records is by deletion.

SYSTEM MANAGER(S) AND ADDRESS:
    Deputy Director, Office of Administration and Information 
Management, Office of Government Ethics, Suite 500, 1201 New York 
Avenue, NW., Washington, DC 20005-3917.

NOTIFICATION PROCEDURE:
    Individuals wishing to inquire whether this system of records 
contains information about them should contact, the Deputy Director, 
Office of Administration and Information Management, Office of 
Government Ethics.
    Individuals wishing to make such an inquiry must furnish the 
following information for their records to be located and identified:
    a. Full name.
    b. Telephone extension number assigned to the individual by OGE.
    c. Description of information being sought, including the time 
frame of information being sought.


    Individuals seeking to determine if a system contains information 
about them must also follow OGE's Privacy Act regulations regarding 
verification of identity (5 CFR part 2606).

RECORD ACCESS PROCEDURES:
    Individuals wishing to request access to their records should 
contact the Deputy Director, Administration and Information Management, 
Office of Government Ethics. Individuals must furnish the following 
information for their records to be located and identified:
    a. Full name.
    b. Telephone extension number assigned to the individual by OGE.
    c. Description of information being sought, including the time 
frame of information being sought.
    Individuals requesting access must also follow OGE's Privacy Act 
regulations regarding verification of identity and access to records (5 
CFR part 2606).

CONTESTING RECORD PROCEDURES:
    Individuals wishing to request amendment of records about them 
should contact the System Manager. Individuals must furnish the 
following information for their records to be located and identified:
    a. Full name.
    b. Telephone extension number assigned to the individual by OGE.
    c. Description of information to be amended, including the time 
frame of information being sought.
    Individuals requesting amendment of records must also follow OGE's 
Privacy Act regulations regarding verification of identity and 
amendment of records (5 CFR part 2606).

RECORD SOURCE CATEGORIES:
    Information in this system of records is obtained from:

[[Page 3106]]

    a. The individual on whom the record is maintained.
    b. OGE telephone assignment records.
    c. Call Detail Reports or telephone bills provided by suppliers of 
telephone services.
    d. Results of administrative inquiries relating to assignment of 
responsibility for placement of specific long-distance or local calls.

EXEMPTIONS CLAIMED FOR THE SYSTEM:
    None.
OGE/INTERNAL-3

SYSTEM NAME:
    Grievance Records.

SYSTEM LOCATION:
    Office of Administration and Information Management, Office of 
Government Ethics, Suite 500, 1201 New York Avenue, NW., Washington, DC 
20005-3917.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Current or former OGE employees who have filed grievances under 
OGE's administrative grievance procedures or under a negotiated 
grievance procedure.

CATEGORIES OF RECORDS IN THE SYSTEM:
    The system contains records relating to grievances filed by OGE 
employees under administrative procedures authorized by 5 CFR part 771, 
and records of negotiated grievance and arbitration systems that OGE 
has or may establish through negotiations with recognized labor 
organizations in accordance with 5 U.S.C. 7121. These files contain all 
documents related to the grievance which may include statements of 
witnesses, reports of interviews and hearings, examiner's findings and 
recommendations, a copy of the original decision, and related 
correspondence and exhibits, employment history, arbitrator's decision 
or report, record of appeal to the Federal Labor Relations Authority, 
and a variety of employment and personnel records associated with the 
grievance.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    5 U.S.C. App. (Ethics in Government Act of 1978); 5 U.S.C. 7121; 5 
CFR part 771.

PURPOSE(S):
    These records are used to process grievances submitted by OGE 
employees for personal relief in a matter of concern or 
dissatisfaction.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSES OF SUCH USES:
    These records and the information contained therein may be used:
    a. 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, where 
OGE becomes aware of an indication of a violation or potential 
violation of civil or criminal law or regulation.
    b. To disclose information to a court, or a party in litigation 
before a court or in an administrative proceeding being conducted by a 
Federal agency, either when the Government is a party to a judicial or 
administrative proceeding or in order to comply with a subpoena issued 
by a judge of a court of competent jurisdiction.
    c. To disclose information by the National Archives and Records 
Administration or the General Services Administration in records 
management inspections conducted under authority of 44 U.S.C. 2904 and 
2906.
    d. 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.
    e. To disclose information to the Department of Justice, or in a 
proceeding before a court, adjudicative body, or other administrative 
body before which OGE is authorized to appear, when: OGE; or an 
employee of OGE in his or her official capacity, or any employee of OGE 
in his or her individual capacity (where the Department of Justice or 
OGE has agreed to represent the employee); or the United States (when 
OGE determines that litigation is likely to affect OGE), is a party to 
litigation or has an interest in such litigation, and the use of such 
records by the Department of Justice or OGE is deemed by OGE to be 
relevant and necessary to the litigation provided, however, that the 
disclosure is compatible with the purpose for which such records were 
collected.
    f. To disclose information to a Member of Congress or a 
congressional office in response to an inquiry made on behalf of an 
individual who is the subject of the record.
    g. To disclose information to contractors, grantees, experts, 
consultants, detailees, and other non-OGE employees performing or 
working on a contract, service, or other assignment for the Federal 
Government, when necessary to accomplish an agency function related to 
this system of records.
    h. To disclose information to any source from which additional 
information is required in the course of processing a grievance, 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.
    i. To disclose information 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 conducting of a security or 
suitability investigation of an individual, 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 
requesting the agency's decision on the matter.
    j. To disclose information to officials of the Merit Systems 
Protection Board; the Office of Special Counsel; the Federal Labor 
Relations Authority; or the Equal Employment Opportunity Commission 
when requested in performance of their authorized duties, including 
respectively in connection with cases and appeals, special studies of 
the civil service and other merit systems, review of personnel matters 
and practices, investigations of alleged or possible prohibited 
personnel and discrimination practices, Hatch Act matters, 
whistleblower protections, compliance with employee selection 
procedures and investigations of allegations of unfair labor practices 
or matters before the Federal Service Impasses Panel.
    k. 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 working conditions.
    l. To provide information to the Department of Labor in carrying 
out its functions regarding labor-management relations in the Federal 
service.

POLICIES AND PRACTICES FOR STORING, RETRIEVING, RETAINING AND DISPOSING 
OF RECORDS IN THE SYSTEM:
STORAGE:
    These records are maintained in paper and/or electronic form.

RETRIEVABILITY:
    These records are retrieved by the names of the individuals on whom 
they are maintained.

SAFEGUARDS:
    Paper records are maintained in locked file storage areas or in 
specified

[[Page 3107]]

areas to which only authorized personnel have access. Electronic 
records are protected from unauthorized access through password 
identification procedures, limited access, firewalls, and other system-
based protection methods.

RETENTION AND DISPOSAL:
    These records are retained for four years after closing of the case 
(or as otherwise agreed upon through the collective bargaining 
process), then disposed of. Disposal of paper records is by shredding, 
and disposal of electronic records is by deletion.

SYSTEM MANAGER(S) AND ADDRESS:
    Deputy Director, Office of Administration and Information 
Management, Office of Government Ethics, Suite 500, 1201 New York 
Avenue, NW., Washington, DC 20005-3917.

NOTIFICATION PROCEDURE:
    Individuals may contact the Deputy Director, Office of 
Administration and Information Management, Office of Government Ethics 
regarding the existence of grievance records on them. They must furnish 
the following information for their records to be located and 
identified:
    a. Name.
    b. Approximate date of closing of the case and kind of action 
taken.
    c. Organizational component involved.

RECORD ACCESS PROCEDURE:
    An individual may request access to the official copy of the 
grievance file by contacting the Deputy Director, Office of 
Administration and Information Management, Office of Government Ethics. 
Individuals must furnish the following information for their records to 
be located and identified:
    a. Name.
    b. Approximate date of closing of the case and kind of action 
taken.
    c. Organizational component involved.
    Individuals requesting access must also follow OGE's Privacy Act 
regulations regarding verification of identity and access to records (5 
CFR part 2606).

CONTESTING RECORD PROCEDURE:
    Review of requests from individuals seeking amendment of their 
records which have been the subject of an administrative, 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 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 OGE Office of Administration 
and Information Management. Individuals must furnish the following 
information for their records to be located and identified:
    a. Name.
    b. Approximate date of closing of the case and kind of action 
taken.
    c. Organizational component involved.
    Individuals requesting amendment must also follow OGE's Privacy Act 
regulations regarding verification of identity and amendment of records 
(5 CFR part 2606).

RECORD SOURCE CATEGORIES:
    Information in this system of records is obtained from:
    a. The individual on whom the record is maintained.
    b. Testimony of witnesses.
    c. OGE officials.
    d. Related correspondence from organizations or persons.
    e. Union officials (if information deals with a negotiated 
grievance matter).
    f. Department of Labor, Federal Labor Relations Authority, or 
arbitrators involved in the grievance (if information deals with a 
negotiated grievance matter).

EXEMPTIONS CLAIMED FOR THE SYSTEM:
    None.

OGE/INTERNAL-4
SYSTEM NAME:
    Computer Systems Activity and Access Records.

SYSTEM LOCATION:
    Office of Administration and Information Management, Office of 
Government Ethics, Suite 500, 1201 New York Avenue, NW., Washington, DC 
20005-3917.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Individuals who access OGE network computers or mainframe/
enterprise servers, including individuals who send and receive 
electronic communications, access Internet sites, or access system 
databases, files, or applications from OGE computers or who send 
electronic communications to OGE computers; and individuals attempting 
to access OGE computers or systems without authorization.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Records in this system of records may include: Records on the use 
of the interoffice and Internet e-mail systems, including the e-mail 
address of the sender and receiver of the e-mail message, subject, 
date, and time; records on user access to OGE's office automation 
networks; records relating to verification or authorization of an 
individual's access to systems, files, or applications, such as user 
IDs, user names, title, and agency.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    5 U.S.C. App. (Ethics in Government Act of 1978); 40 U.S.C. 1441 
note.

PURPOSE(S):
    The data in this system of records is used by OGE systems and 
security personnel, or persons authorized to assist these personnel, to 
plan and manage system services, to monitor for improper use, and to 
otherwise perform their official duties.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSES OF SUCH USES:
    These records and the information contained therein may be used:
    a. 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, where 
OGE becomes aware of an indication of a violation or potential 
violation of civil or criminal law or regulation.
    b. 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, either when the 
Government is a party to a judicial or administrative proceeding or in 
order to comply a subpoena issued by a judge of a court of competent 
jurisdiction.
    c. To disclose information to the National Archives and Records 
Administration or the General Services Administration in records 
management inspections conducted under authority of 44 U.S.C. 2904 and 
2906.
    d. 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.
    e. To disclose information to the Department of Justice, or in a 
proceeding before a court, adjudicative body, or other administrative 
body before which OGE is authorized to appear, when: OGE; or an 
employee of OGE in his or her official capacity, or any employee of OGE 
in his or her individual capacity (where the Department of Justice or 
OGE has agreed

[[Page 3108]]

to represent the employee); or the United States (when OGE determines 
that litigation is likely to affect OGE), is a party to litigation or 
has an interest in such litigation, and the use of such records by the 
Department of Justice or OGE is deemed by OGE to be relevant and 
necessary to the litigation provided, however, that the disclosure is 
compatible with the purpose for which such records were collected.
    f. To disclose information to contractors, grantees, experts, 
consultants, detailees, and other non-OGE employees performing or 
working on a contract, service, or other assignment for the Federal 
Government, when necessary to accomplish an agency function related to 
this system of records.
    g. To disclose information to a Member of Congress or a 
congressional office in response to an inquiry made on behalf of an 
individual who is the subject of the record.
    h. To disclose information to a Federal, State, local, tribal or 
foreign agency, or a private contractor, in response to its request in 
connection with the hiring or retention of any employee, the issuance 
of a security clearance, the conduct of a security or suitability 
investigation, the reporting of an investigation on an employee, the 
letting of a contract, or the issuance of a grant, license, or other 
benefit to an employee by the agency, but only to the extent that the 
information disclosed is relevant and necessary to the agency's 
decision on the matter.
    i. 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 working conditions.

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, 
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
    These records are maintained in paper and/or electronic form.

RETRIEVABILITY:
    These records may be retrieved by user name, user ID, e-mail 
address, or other identifying search term employed, depending on the 
record category.

SAFEGUARDS:
    These records are located in locked storage areas with controlled 
entry, or automated systems to which only authorized personnel have 
access. The use of password protection identification features and 
other automated data processing system protection methods also restrict 
access.

RETENTION AND DISPOSAL:
    In accordance with General Records Schedule 20, records of 
verification, authorization, computer system access, and other 
activities generated by the system are retained for one year, unless 
required for management review, then deleted.

SYSTEM MANAGER(S) AND ADDRESS:
    Deputy Director, Office of Administration and Information 
Management, Office of Government Ethics, Suite 500, 1201 New York 
Avenue, NW., Washington, DC 20005-3917.

NOTIFICATION PROCEDURE:
    Individuals wishing to inquire whether this system of records 
contains information about them should contact the Deputy Director, 
Office of Administration and Information Management, Office of 
Government Ethics.
    Individuals wishing to make such an inquiry must furnish the 
following information for their records to be located and identified:
    a. Full name.
    b. Assigned computer location.
    c. Description of information to be sought (including the time 
frame during which the record(s) may have been generated).
    Individuals seeking to determine if a system contains information 
about them must also follow OGE's Privacy Act regulations regarding 
verification of identity (5 CFR part 2606).

RECORD ACCESS PROCEDURES:
    Individuals wishing to request access to their records should 
contact the Deputy Director, Office of Administration and Information 
Management, Office of Government Ethics. Individuals must furnish the 
following information for their records to be located and identified:
    a. Full name.
    b. Assigned computer location.
    c. Description of information being sought (including the time 
frame during which the record(s) may have been generated).
    Individuals requesting access must also follow OGE's Privacy Act 
regulations regarding verification of identity and access to records (5 
CFR part 2606).

CONTESTING RECORD PROCEDURES:
    Individuals wishing to request amendment of records about them 
should contact the System Manager. Individuals must furnish the 
following information for their records to be located and identified:
    a. Full name.
    b. Assigned computer location.
    c. Description of information to be amended (including the time 
frame during which the record(s) may have been generated).
    Individuals requesting amendment must also follow OGE's Privacy Act 
regulations regarding verification of identity and amendment of records 
(5 CFR part 2606).

RECORD SOURCE CATEGORIES:
    Information in this system of records is obtained from:
    a. Individuals covered by the system.
    b. Office of Government Ethics management officials.
    c. Computer activity logs and tracking systems.

EXEMPTIONS CLAIMED FOR THE SYSTEM:
    None.
OGE/INTERNAL-5

SYSTEM NAME:
    Employee Locator and Emergency Notification Records.

SYSTEM LOCATION:
    Office of Administration and Information Management, Office of 
Government Ethics, Suite 500, 1201 New York Avenue, NW., Washington, DC 
20005-3917.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Current employees of the Office of Government Ethics.

CATEGORIES OF RECORDS IN THE SYSTEM:
    This system contains information regarding the organizational 
location and telephone extension of individual OGE employees. The 
system also contains the home address and telephone number of the 
employee and the name, relationship, and telephone number of an 
individual or individuals to contact in the event of a medical or other 
emergency involving the employee. The system contains an additional 
freeform ``note'' field for personal medical information for employees 
who choose to voluntarily complete it.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    5 U.S.C. App. (Ethics in Government Act of 1978).

PURPOSE(S):
    Information is collected for this system in order to identify an 
individual for OGE officials to contact, should an emergency of a 
medical or other nature involving the employee occur while the employee 
is on the job. Also, these records may be used by authorized OGE

[[Page 3109]]

personnel to contact individuals working from home or at an authorized 
alternative worksite or, on infrequent occasions, to contact 
individuals absent from work about work-related issues.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSES OF SUCH USES:
    These records and the information contained therein may be used:
    a. 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, either when the 
Government is a party to a judicial or administrative proceeding or in 
order to comply with a subpoena issued by a judge of a court of 
competent jurisdiction.
    b. 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 working conditions.

POLICIES AND PRACTICES FOR STORING, RETRIEVING, RETAINING AND DISPOSING 
OF RECORDS IN THE SYSTEM:
STORAGE:
    Records are maintained in paper and/or electronic form.

RETRIEVABILITY:
    These records are retrieved by the name of the individual on whom 
they are maintained.

SAFEGUARDS:

    Paper records are maintained in locked file storage areas or in 
specified areas to which only authorized personnel have access. 
Electronic records are maintained in a secured electronic system 
accessible only to on-site OGE employees. An individual OGE employee 
has access only to his or her own record. In addition, individual 
records in the system are available to authorized OGE personnel whose 
duties require access.

RETENTION AND DISPOSAL:
    In accordance with the applicable OGE records disposal schedule, 
these records are retained as long as the individual is an employee of 
OGE. Disposal of paper records is by shredding, and disposal of 
electronic records is by deletion.

SYSTEM MANAGER(S) AND ADDRESS:
    Deputy Director, Office of Administration and Information 
Management, Office of Government Ethics, Suite 500, 1201 New York 
Avenue, NW., Washington, DC 20005-3917.

NOTIFICATION PROCEDURE:
    OGE employees wishing to inquire whether this system of records 
contains information about them may access the system directly or 
contact the Deputy Director, Office of Administration and Information 
Management, Office of Government Ethics.
    Individuals wishing to make such an inquiry must furnish the 
following information for their records to be located and identified:
    a. Full name.

RECORD ACCESS PROCEDURES:
    All current OGE employees have full access to and complete control 
over their individual record and may access the information at any 
time, or they may contact the Deputy Director, Office of Administration 
and Information Management, Office of Government Ethics. Individuals 
must furnish the following information for their records to be located 
and identified:
    a. Full name.
    Individuals requesting access must also follow OGE Privacy Act 
regulations regarding verification of identify and access to records (5 
CFR part 2606).

CONTESTING RECORD PROCEDURES:
    OGE employees have full access to and complete control over their 
individual record and may amend information at any time, or they may 
contact the Systems Manager. Individuals must furnish the following 
information for their records to be located and identified:
    a. Full name.
    Individuals requesting amendment must also follow OGE's Privacy Act 
regulations regarding verification of identity and amendment of records 
(5 CFR part 2606).

RECORD SOURCE CATEGORIES:
    Information in this system of records is obtained from:
    a. The individual on whom the record is maintained.

EXEMPTIONS CLAIMED FOR THE SYSTEM:
    None.

[FR Doc. 03-1101 Filed 1-21-03; 8:45 am]
BILLING CODE 6345-02-P