[Federal Register Volume 86, Number 194 (Tuesday, October 12, 2021)]
[Notices]
[Pages 56734-56736]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-22135]


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OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION


Privacy Act of 1974; System of Records

AGENCY: Occupational Safety and Health Review Commission.

ACTION: Notice of a modified system of records.

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SUMMARY: In accordance with the Privacy Act of 1974, as amended, the 
Occupational Safety and Health Review Commission (OSHRC) is revising 
the notice for Privacy Act system-of-records OSHRC-7.

DATES: Comments must be received by OSHRC on or before November 12, 
2021. The revised system of records will become effective on November 
29, 2021, without any further notice in the Federal Register, unless 
comments or government approval procedures necessitate otherwise.

ADDRESSES: You may submit comments by any of the following methods:
     Email: [email protected]. Include ``PRIVACY ACT SYSTEM OF 
RECORDS'' in the subject line of the message.
     Fax: (202) 606-5417.
     Mail: One Lafayette Centre, 1120 20th Street NW, Ninth 
Floor, Washington, DC 20036-3457.
     Hand Delivery/Courier: same as mailing address.
    Instructions: All submissions must include your name, return 
address, and email address, if applicable. Please clearly label 
submissions as ``PRIVACY ACT SYSTEM OF RECORDS.''

FOR FURTHER INFORMATION CONTACT: Ron Bailey, Attorney-Advisor, Office 
of the General Counsel, via telephone at (202) 606-5410, or via email 
at [email protected].

SUPPLEMENTARY INFORMATION: The Privacy Act of 1974, 5 U.S.C. 
552a(e)(4), requires federal agencies such as OSHRC to publish in the 
Federal Register notice of any new or modified system of records.
    In accordance Executive Order 13869, ``Executive Order on 
Transferring Responsibility for Background Investigations to the 
Department of Defense'' (April 24, 2019), the

[[Page 56735]]

Department of Defense's Defense Counterintelligence and Security Agency 
will conduct personnel background investigations for OSHRC. This 
function was previously performed by the Office of Personnel 
Management. The system-of-records notice, OSHRC-7, has been revised to 
account for this change.
    In addition, OSHRC recently revised its Privacy Act regulations, 29 
CFR part 2400, which resulted in the renumbering of its regulatory 
provisions. 85 FR 65222 (Oct. 15, 2020). OSHRC is therefore revising 
the following elements in this system-of-records notice to reference 
the correct sections of the agency's Privacy Act regulations: Record 
Access Procedures, Contesting Record Procedures, and Notification 
Procedures.
    The notice for OSHRC-7, provided below in its entirety, is as 
follows.

SYSTEM NAME AND NUMBER:
    Personnel Security Records, OSHRC-7.

SECURITY CLASSIFICATION:
    Unclassified.

SYSTEM LOCATION:
    The Office of the Executive Director maintains the records in this 
system. The office is located at 1120 20th Street NW, Ninth Floor, 
Washington, DC 20036-3457.

SYSTEM MANAGER(S):
    Human Resources Specialist, 1120 20th Street NW, Ninth Floor, 
Washington, DC 20036-3457; (202) 606-5100.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    E.O. 13467, as amended; E.O. 13488, as amended; E.O. 13764; E.O. 
13869; Homeland Security Presidential Directive (HSPD) 12; and Federal 
Information Processing Standard (FIPS) 201.

PURPOSE(S) OF THE SYSTEM:
    The information collected by OSHRC allows the Department of 
Defense's Defense Counterintelligence and Security Agency (DCSA) and, 
previously, the Office of Personnel Management (OPM), to conduct 
background investigations on those individuals being credentialed, 
assist in verifying the identity of those for whom credentials have 
been requested, and provide the necessary information for issuance of 
identification and access cards.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    This system of records covers current OSHRC employees, contractors, 
and Commission members, and, as to records concerning office access 
cards, also former employees, contractors, and Commission members.

CATEGORIES OF RECORDS IN THE SYSTEM:
    This system of records may include an individual's name and former 
names; signature; date and place of birth; social security number; 
citizenship information; residential history; education; employment 
history; criminal history and police records; names of associates and 
references, and their contact information; military history and 
selective service record; illegal drug activities; telephone numbers; 
hair and eye color, weight, and height; gender; financial records; 
investigative records; foreign countries visited; marital status and 
name, date and place of birth, address, and social security number of 
spouse; names of certain relatives who work for the government; names, 
addresses, dates and countries of birth, and citizenship of certain 
relatives. As to office access cards, the records include only the 
individual's name, and the date that the access card was activated, 
deactivated, and turned in. Most of the records concerning background 
investigations conducted by OPM, before this function was transferred 
to DCSA, are decentralized copies from OPM and remain subject to the 
practices and policies set forth in system-of-records notice OPM/
CENTRAL-9 (Personnel Investigations Records). Copies of records from 
DCSA that are maintained in OSHRC's files are covered only by system-
of-records notice OSHRC-7.

RECORD SOURCE CATEGORIES:
    Information contained in the system is obtained from individuals 
subject to the credentialing process, OSHRC employees involved in the 
credentialing process, and investigative record materials furnished by 
DCSA or OPM.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND PURPOSES OF SUCH USES:
    In addition to disclosures generally permitted under 5 U.S.C. 
552a(b), all or a portion of the records or information contained in 
this system of records may be disclosed as a routine use pursuant to 5 
U.S.C. 552a(b)(3) under the circumstances or for the purposes described 
below, to the extent such disclosures are compatible with the purposes 
for which the information was collected:
    (1) To the Department of Justice (DOJ), or to a court or 
adjudicative body before which OSHRC is authorized to appear, when any 
of the following entities or individuals--(a) OSHRC, or any of its 
components; (b) any employee of OSHRC in his or her official capacity; 
(c) any employee of OSHRC in his or her individual capacity where DOJ 
(or OSHRC where it is authorized to do so) has agreed to represent the 
employee; or (d) the United States, where OSHRC determines that 
litigation is likely to affect OSHRC or any of its components--is a 
party to litigation or has an interest in such litigation, and OSHRC 
determines that the use of such records by DOJ, or by a court or other 
tribunal, or another party before such tribunal, is relevant and 
necessary to the litigation.
    (2) To an appropriate agency, whether federal, state, local, or 
foreign, charged with investigating or prosecuting a violation or 
enforcing or implementing a law, rule, regulation, or order, when a 
record, either on its face or in conjunction with other information, 
indicates a violation or potential violation of law, which includes 
civil, criminal or regulatory violations, and such disclosure is proper 
and consistent with the official duties of the person making the 
disclosure.
    (3) To a federal, state, or local agency maintaining civil, 
criminal or other relevant enforcement information, such as current 
licenses, if necessary to obtain information relevant to an OSHRC 
decision concerning the hiring, appointment, or retention of an 
employee; the issuance, renewal, suspension, or revocation of a 
security clearance; the execution of a security or suitability 
investigation; the letting of a contract; or the issuance of a license, 
grant or other benefit.
    (4) To a federal, state, or local agency, in response to that 
agency's request for a record, and only to the extent that the 
information is relevant and necessary to the requesting agency's 
decision in the matter, if the record is sought in connection with the 
hiring, appointment, or retention of an employee; the issuance, 
renewal, suspension, or revocation of a security clearance; the 
execution of a security or suitability investigation; the letting of a 
contract; or the issuance of a license, grant or other benefit by the 
requesting agency.
    (5) To an authorized appeal grievance examiner, formal complaints 
manager, equal employment opportunity investigator, arbitrator, or 
other duly authorized official engaged in investigation or settlement 
of a grievance, complaint, or appeal filed by an employee, only to the 
extent that the information is relevant and necessary to the case or 
matter.

[[Page 56736]]

    (6) To OPM in accordance with the agency's responsibilities for 
evaluation and oversight of federal personnel management.
    (7) To officers and employees of a federal agency for the purpose 
of conducting an audit, but only to the extent that the record is 
relevant and necessary to this purpose.
    (8) To OMB in connection with the review of private relief 
legislation at any stage of the legislative coordination and clearance 
process, as set forth in Circular No. A-19.
    (9) To a Member of Congress or to a person on his or her staff 
acting on the Member's behalf when a written request is made on behalf 
and at the behest of the individual who is the subject of the record.
    (10) To the National Archives and Records Administration (NARA) for 
records management inspections and such other purposes conducted under 
the authority of 44 U.S.C. 2904 and 2906.
    (11) To appropriate agencies, entities, and persons when: (a) OSHRC 
suspects or has confirmed that there has been a breach of the system of 
records; (b) OSHRC has determined that as a result of the suspected or 
confirmed breach there is a risk of harm to individuals, OSHRC, the 
Federal Government, or national security; and (c) the disclosure made 
to such agencies, entities, and persons is reasonably necessary to 
assist in connection with OSHRC's efforts to respond to the suspected 
or confirmed breach or to prevent, minimize, or remedy such harm.
    (12) To NARA, Office of Government Information Services (OGIS), to 
the extent necessary to fulfill its responsibilities in 5 U.S.C. 
552(h), to review administrative agency policies, procedures and 
compliance with FOIA, and to facilitate OGIS' offering of mediation 
services to resolve disputes between persons making FOIA requests and 
administrative agencies.
    (13) To another federal agency or federal entity, when OSHRC 
determines that information from this system of records is reasonably 
necessary to assist the recipient agency or entity in (a) responding to 
a suspected or confirmed breach or (b) preventing, minimizing, or 
remedying the risk of harm to individuals, the recipient agency or 
entity (including its information systems, programs, and operations), 
the Federal Government, or national security, resulting from a 
suspected or confirmed breach.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    Records are stored on paper in locked file cabinets.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    Records are retrieved by an individual's name.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    Office access card records are retained and disposed of in 
accordance with NARA's General Records Schedule 5.6, Item 21. However, 
paper copies of personnel security records from DCSA or OPM are 
shredded once an employee, contractor, or Commission member no longer 
works at OSHRC.

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    Records are maintained in a locked file cabinet. Access to the 
cabinet is limited to personnel having a need for access to perform 
their official functions.

RECORD ACCESS PROCEDURES:
    Individuals who wish to gain access to their records should notify: 
Privacy Officer, OSHRC, 1120 20th Street NW, Ninth Floor, Washington, 
DC 20036-3457. For an explanation on how such requests should be 
drafted, refer to 29 CFR 2400.4 (procedures for requesting notification 
of and access to personal records).

CONTESTING RECORD PROCEDURES:
    Individuals who wish to contest their records should notify: 
Privacy Officer, OSHRC, 1120 20th Street NW, Ninth Floor, Washington, 
DC 20036-3457. For an explanation on the specific procedures for 
contesting the contents of a record, refer to 29 CFR 2400.6 (procedures 
for amending personal records), and 29 CFR 2400.7 (procedures for 
appealing).

NOTIFICATION PROCEDURES:
    Individuals interested in inquiring about their records should 
notify: Privacy Officer, OSHRC, 1120 20th Street NW, Ninth Floor, 
Washington, DC 20036-3457. For an explanation on how such requests 
should be drafted, refer to 29 CFR 2400.4 (procedures for requesting 
notification of and access to personal records).

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    None.

HISTORY:
    April 14, 2006, 71 FR 19556; August 4, 2008, 73 FR 45256; October 
5, 2015, 80 FR 60182; September 28, 2017, 82 FR 45324; and August 30, 
2018, 83 FR 44309.

Nadine N. Mancini,
Senior Agency Official for Privacy.
[FR Doc. 2021-22135 Filed 10-8-21; 8:45 am]
BILLING CODE 7600-01-P