[Federal Register Volume 74, Number 161 (Friday, August 21, 2009)]
[Notices]
[Pages 42334-42336]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-20091]


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OFFICE OF PERSONNEL MANAGEMENT


Amendment of a System of Records

AGENCY: U.S. Office of Personnel Management (OPM).

ACTION: Notice of amendment to system of records.

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SUMMARY: OPM has amended an existing system of records subject to the 
Privacy Act of 1974 (5 U.S.C. 552a). This action is necessary to meet 
the requirements of the Privacy Act to publish in the Federal Register 
notice of the existence and character of system of records maintained 
by the agency (5 U.S.C. 552a(e)(4)).

DATES: The changes became effective in November 2003. The system has 
been operational for 6 years without incident. Comments will be 
accepted until September 30, 2009.

ADDRESSES: Written comments must be sent to the U.S. Office of 
Personnel Management, Presidential Management Fellows Program, Attn: 
Rob Timmins (OPM\Central-11), 1900 E Street, NW., Room 1425, 
Washington, DC 20415.

FOR FURTHER INFORMATION CONTACT: Rob Timmins, (202) 606-2674, fax (202) 
606-3040, or e-mail to [email protected]. Please include your 
complete mailing address with your request.

SUPPLEMENTARY INFORMATION: This notice serves to update and amend 
collection, analysis, and maintenance of OPM\Central-11 (Presidential 
Management Fellows Program) as a result of new program regulations and 
an increased use of automated information technology. Revisions include 
the following: (1) Authority of Program now results from Executive 
Order 13318, Presidential Management Fellows Program, signed by 
President George W. Bush on November 21, 2003; (2) The Executive order 
changed the name from Presidential Management Intern (PMI) Program to 
the Presidential Management Fellows (PMF) Program; (3) There is no 
longer a category of records collection for semi-finalists; (4) As a 
result of the OPM re-organization in March 2003, the system location 
has been updated to reflect current name; and (5) The system manager 
contact has been updated to reflect the new PMF Program organization 
and location.

John Berry,
Director, U.S. Office of Personnel Management.
OPM\CENTRAL-11

SYSTEM NAME:
    Presidential Management Fellows (PMF) Program Records.

SYSTEM LOCATION:
    U.S. Office of Personnel Management, Human Resources Products and 
Services Division, Center for Leadership Capacity Services, Succession 
Planning Programs, Presidential Management Fellows Program, 1900 E 
Street, NW., Room 1425, Washington, DC 20415.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    This system contains records on current and former PMFs and 
students pursuing graduate degrees who have been nominated by their 
graduate schools for consideration for the PMF Program, as well as 
contact information for Program stakeholders (e.g., Agency PMF 
Coordinators, graduate school Nomination Officials, supervisors of 
PMFs).

CATEGORIES OF RECORDS IN THE SYSTEM:
    These records contain information about the covered individuals 
relating to name, Social Security Number, academic background, home 
address, telephone numbers, e-mail addresses, employment history, 
Indian and veterans' preference, and other personal information needed 
during the application, nomination, assessment, and selection 
processes, and as needed for training and development opportunities 
impacting PMFs and participating agencies. This system also will 
contain confidential evaluation information and assessment scores not 
available to the public.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    Executive Order 13318, signed by President George W. Bush on 
November 21, 2003.

PURPOSE(S):
    These records are used by program personnel for the following 
reasons:
    a. To determine basic program eligibility and to evaluate the 
nominees in a structured assessment process conducted by OPM.
    b. To group the applicants into various categories (e.g., 
applicants, nominees, finalists, and non-selectees) and make a final 
determination as to those candidates who will be referred (as finalists 
to become Fellows) to participating agencies for employment 
consideration.
    c. For program evaluation functions to determine the effectiveness 
of the program and to improve program operations.
    d. To facilitate interaction and communication between PMF Program 
participants and alumni.
    e. To track PMF appointments, certifications, conversions, 
reappointments, withdrawals, resignations, extensions, waivers and 
deferrals.
    f. To track agency reimbursements for PMF appointments.
    g. To schedule and track PMF participation in Program-sponsored 
training and development events (e.g., orientation, forums, 
graduation).
    h. To track contact information of applicants, nominees, finalists, 
Fellows, Agency PMF Coordinators, PMF supervisors, graduate school 
Nomination Officials and other relevant stakeholders.

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:
    1. To refer pertinent information to the appropriate Federal, State 
or local agency responsible for investigating, prosecuting, enforcing 
or implementing a statute, rule, regulation or order when there is an 
indication of a violation or potential violation of civil or criminal 
law or regulation.

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    2. To provide information to a congressional office from the record 
of an individual in response to an inquiry from the congressional 
office made at the request of the individual.
    3. To disclose information to another Federal agency, a Court, or a 
party in litigation before a court or in an administrative proceeding 
being conducted by a Federal agency, when the Government is a party to 
the judicial or administrative proceeding. In those cases where the 
Government is not a party to the proceeding, records may be disclosed 
if a subpoena has been signed by a judge.
    4. To disclose information to the U.S. Department of Justice, or in 
a proceeding before a court, adjudicative body or other administrative 
body before which OPM is authorized to appear, when:
    a. OPM, or any component thereof; or
    b. Any employee of OPM in his or her official capacity; or
    c. Any employee of OPM in his or her individual capacity where the 
Department of Justice or OPM has agreed to represent the employee; or
    d. The United States, when OPM determines that litigation is likely 
to affect OPM or any of its components, is a party to litigation or has 
an interest in such litigation, and the use of such records by the 
Department of Justice or OPM is deemed by OPM to be relevant and 
necessary to the litigation provided, however, that the disclosure is 
compatible with the purpose for which records were collected.
    5. To disclose information to officials of the Merit Systems 
Protection Board or the Office of the Special Counsel, when requested 
in connection with appeals, special studies of the civil service and 
other merit systems, review of OPM rules and regulations, 
investigations of alleged or possible prohibited personnel practices, 
and such other functions, e.g., as prescribed in 5 U.S.C. 1205 and 
1206, or as may be authorized by law.
    6. To disclose information to the Equal Employment Opportunity 
Commission, when requested, in connection with investigations into 
alleged or possible discrimination practices in the Federal sector, 
examination of Federal affirmative employment programs, compliance by 
Federal agencies with the Uniform Guidelines on Employee Selection 
Procedures, or other functions vested in the Commission.
    7. To disclose information to the Federal Labor Relations Authority 
or its General Counsel, when requested, in connection with 
investigations of allegations of unfair labor practices or matters 
before the Federal Service Impasses Panel.
    8. To refer candidates to Federal agencies for employment 
consideration.
    9. To refer candidates to State and local governments, 
congressional offices, international organizations, and other public 
offices, with permission of the candidates, for the purpose of 
employment consideration and developmental opportunities.
    10. To refer Fellows for consideration for reassignment and 
promotion within the employing agencies.
    11. As a data source for management information of summary 
descriptive statistics and analytical studies in support of the 
function for which the records are collected and maintained, or for 
related personnel research functions or manpower studies, or to locate 
individuals for personnel research.
    12. To request information from a Federal, State, or local agency 
maintaining civil, criminal or other information relevant to an agency 
decision concerning the hiring or retention of a candidate.
    13. To provide an academic institution with information on a recent 
graduate's participation in the PMF Program, covering application, 
nomination, assessment, selection and appointment to a Federal position 
at a certain grade level, and graduation (completion of the PMF 
Program).

POLICIES AND PRACTICES OF STORING, RETRIEVING, SAFEGUARDING, RETAINING 
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
    These records are stored on forms, lists, magnetic tape, database 
systems, Web site, and media storage devices (e.g., floppy disks, flash 
drives, CD-ROMs, etc.).

RETRIEVABILITY:
    These records are indexed by name of applicants, maiden name (if 
applicable), graduate schools, State of residence, Social Security 
Number, graduate/undergraduate degree, Indian and/or veterans' 
preference, status in PMF Program (e.g., applicant, nominee, finalist, 
non-finalist, Fellow), citizenship, foreign language(s), geographic 
employment preference(s), and any combination of these.

SAFEGUARDS:
    These records are maintained in lockable metal file cabinets or a 
secured office suite and in computerized systems accessible to only 
those program staff whose official duties necessitate such access. 
Confidential passwords are required for access to these automated 
records. Computerized systems adhere to current IT and security 
policies and requirements.

RETENTION AND DISPOSAL:
    Application files are maintained for a maximum of three (3) years; 
the automated data base of participant information will be destroyed 
when no longer needed for administrative purposes. Tapes are erased and 
manual records are either archived or destroyed. The PMF Program 
maintains a database system tracking all applicant history and program 
status from 1997 to the present. All hardcopies, as a result of the 
above described processes, are maintained in lockable filing cabinets 
and are archived in accordance with OPM's Records Management Handbook 
and records schedules.

SYSTEM MANAGER(S) AND ADDRESS:
    Presidential Management Fellows Program Office, U.S. Office of 
Personnel Management, 1900 E Street, NW., Room 1425, Washington, DC 
20415, Office (202) 606-1040, Fax (202) 606-3040, E-mail [email protected], 
and Branch Chief/Technical Manager, Technical Services Group, U.S. 
Office of Personnel Management, 4685 Log Cabin Drive, Macon, GA 31204, 
Office (478) 744-2373, Fax (478) 744-2179.

NOTIFICATION PROCEDURE:
    Individuals wishing to inquire whether this system contains 
information about them should contact the system managers. You must 
furnish the following information for your records to be located and 
identified:
    a. Full Name at Time of Application.
    b. Maiden Name (if applicable).
    c. Home Address referenced at Time of Application.
    d. Nominating Graduate School.
    e. Graduate Degree referenced at Time of Application.
    f. Year Applied to Program.

RECORD ACCESS PROCEDURE:
    Specific materials in this system have been exempted from Privacy 
Act provisions at 5 U.S.C. 552a(d), regarding access to and amendment 
of records. The section of the notice, titled Systems Exempted from 
Certain Provisions of the Act, indicates the kinds of materials 
exempted and the reasons for exempting them from access.
    Current or former Presidential Management Fellows or nominees who 
wish to gain access to their non-exempt records should direct such a 
request in writing to the system managers. You must furnish the 
following information for your records to be located and identified.
    a. Full Name at Time of Application.

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    b. Maiden Name (if applicable).
    c. Home Address referenced at Time of Application.
    d. Nominating Graduate School.
    e. Graduate Degree referenced at Time of Application.
    f. Year Applied to Program.
    Individuals must also comply with OPM's Privacy Act regulations 
regarding verification of identity and access to records (5 CFR 297).

CONTESTING RECORD PROCEDURE:
    Specific material in this system has been exempted from Privacy act 
provisions at 5 U.S.C. 552a(d), regarding access to and amendment of 
records. The section of the notice titled Systems Exempted from Certain 
Provisions of the Act, indicates the kinds of materials exempted and 
the reasons for exempting them from amendment.
    Current or former Presidential Management Fellows or nominees 
wishing to request amendment of their non-exempt records should contact 
the system managers. You must furnish the following information for 
your records to be located and identified:
    a. Full Name at Time of Application.
    b. Maiden Name (if applicable).
    c. Home Address referenced at Time of Application.
    d. Nominating Graduate School.
    e. Graduate Degree referenced at Time of Application.
    f. Year Applied to Program.
    Individuals must also comply with OPM's Privacy Act regulations 
regarding verification of identity and amendment of records (5 CFR 
297).

RECORD SOURCE CATEGORIES:
    Information in this system of records is obtained from:
    a. The individual to whom it applies;
    b. Nominating graduate school Deans, Chairpersons, and/or Academic 
Program Directors;
    c. Federal, State, and local officials involved in the screening 
and selection process;
    d. Employing agencies.

SYSTEM EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT:
    This system contains testing and examination materials that are 
used solely to determine individual qualifications for appointment or 
promotion in the Federal service. The Privacy Act at 5 U.S.C. 
552a(k)(6), permits an agency to exempt all such testing or examination 
material and information from certain provisions of the Act when 
disclosure of the material would compromise the objectivity or fairness 
of the testing or examination process. OPM has claimed exemptions from 
the requirements of 5 U.S.C. 552a(d), which relate to access to and 
amendment of records, for any such testing or examination materials in 
the system.

[FR Doc. E9-20091 Filed 8-20-09; 8:45 am]
BILLING CODE 6325-38-P