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

Employees and members of the Commission.

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

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

See Appendix A.

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

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

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

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

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

Disclosures to consumer reporting agencies:

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

Storage:

Paper and microfilm.

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

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

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

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

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

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

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

The subject individual; the Commission.

The Commission.

Employees and members of the Commission.

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

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

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

Disclosures to consumer reporting agencies:

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

Storage:

Paper and tape.

Manual and automated by name.

Stored in guarded building; released only to authorized personnel.

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

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

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

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

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

The subject individual; the Commission.

The Commission.

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

Biographic information, correspondence with members of the Commission.

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

Disclosures to consumer reporting agencies:

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

Storage:

Paper.

Manual by name.

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

Retained until no longer needed, then discarded.

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

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

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

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

The subject individual; the Commission.

The Commission.

The Commission members and staff.

Description, value and location of furnishings and equipment.

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

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

Storage:

Paper and tape.

Manual and automated by name.

Stored in guarded building; released only to authorized personel.

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

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

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

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

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

The subject individual; the Administrative Office of the Commission.

The Commission.

Administrative Law Judge of the Commission.

Caseload assignments.

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

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

Storage:

Paper.

Manual by month, year and name.

Stored in guarded building; released only to authorized personnel.

Indefinite.

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

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

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

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

The subject individual; the Commission.

Unclassified.

Office of the Docket Office Supervisory Attorney, Federal Mine Safety and Health Review Commission, 1331 Pennsylvania Avenue, NW, Suite 520N, Washington, DC 20004-1710.

Docket Office Supervisory Attorney, Federal Mine Safety and Health Review Commission, 1331 Pennsylvania Avenue, NW, Suite 520N, Washington, DC 20004-1710, docket@fmshrc.gov, (202) 434-9950.

30 U.S.C. 823, 44 U.S.C. 3101 et seq.; 29 CFR part 2700.

FMSHRC provides trial and appellate review of cases arising under the Federal Mine Safety and Health Act of 1977, 30 U.S.C. 801 et seq. (2018) (Mine Act). Official case files store documents used by FMSHRC in its consideration and review of such cases and provide information regarding such cases.

Individually-named miners whose names are used for filing and retrieval purposes of the official case file of cases arising under the Mine Act. Official case files are retrieved by reference to docket number, and in some instances, by case name. In the large majority of cases before FMSHRC, case names are derived from the name of a mine operator or a union. In a small percentage of cases, cases are identified by an individual miner’s name, such as when a miner brings a discrimination complaint in an individual capacity under 30 U.S.C. 815(c)(3), or when the Secretary of Labor takes an enforcement action against a miner under 30 U.S.C. 820(c) or 820(g). This system of records covers only those case files filed according to and retrieved by an individually-named miner’s name.

Records in this system include notices, orders and decisions issued by FMSHRC, filings by parties and their representatives, related correspondence, hearing transcripts and exhibits, transcripts of oral argument, other case-related recordings, and FMSHRC documents pertaining to appeal of the case before a U.S. Court of Appeals.

The parties, their representatives, FMSHRC.

In addition to those 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, as defined by 5 U.S.C. § 552a(a)(7), pursuant to 5 U.S.C. § 552a(b)(3) under the circumstances described below:

1. To a party in a case presently or formerly before FMSHRC to which case the record relates, or to the party’s representative.

2. Pursuant to 5 U.S.C. § 552(a)(2) and 29 C.F.R. 2701.1, 2701.2, and 2702.7(b), to members of the public who visit FMSHRC’s website and gain access to information about a case including decisions, orders, notices, and recordings of oral arguments and decisional meetings created in the case and maintained on the website, unless it is determined that release of the information in the context of a particular case would constitute an unwarranted invasion of personal privacy.

3. To an agency, organization, or individual for audit or oversight operations as authorized by law, but only such information as is necessary and relevant to such audit or oversight function when necessary to accomplish an agency function related to the system of records. Individuals provided information under this routine use are subject to the same Privacy Act requirements and limitations on disclosure as are applicable to FMSHRC officers and employees.

4. To appropriate agencies, entities, and persons when: (a) FMSHRC suspects or has confirmed that there has been a breach of the system of records; (b) FMSHRC has determined that as a result of the suspected or confirmed breach there is a risk of harm to individuals, FMSHRC, 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 FMSHRC’s efforts to respond to the suspected or confirmed breach or to prevent, minimize, or remedy such harm.

5. To another federal agency or federal entity, when FMSHRC 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.

6. To a Member of Congress or staff on behalf of and at the request of the individual who is the subject of the record.

7. To contractors, experts, consultants, the agents thereof, and others performing or working on a contract, service, grant, cooperative agreement, or other assignment for FMSHRC, when necessary to accomplish an agency function related to the system of records.

8. To an appropriate federal, state, tribal, local, or foreign agency or other appropriate authority charged with investigating or prosecuting a violation or enforcing or implementing a law, rule, regulation, or order, where a record, either on its face or in conjunction with other information, indicates a violation or potential violation of law, which includes criminal, civil, or regulatory violations and such disclosure is proper and consistent with the official duties making the disclosure.

9. To the Department of Justice, FMSHRC’s outside counsel, other federal agencies engaged in ongoing, pending, or potential litigation when (a) FMSHRC, or (b) any employee of FMSHRC in his or her official capacity, or (c) any employee of FMSHRC in his or her individual capacity where the Department of Justice or FMSHRC has agreed to represent the employee, or (d) the United States or any agency thereof, is a party to the litigation or has an interest in such litigation, and FMSHRC determines that the records are both relevant and necessary to the litigation.

10. To the National Archives and Records Administration (NARA) for the purpose of records management inspections conducted under the authority of 44 U.S.C. §§ 2904 and 2906; to the Government Accountability Office for oversight purposes; to the Department of Justice to obtain that department’s advice regarding disclosure obligations under the Freedom of Information Act (FOIA); to NARA’s Office of Government Information Services (OGIS) for record inspection purposes and to facilitate OGIS’ offering of mediation services to resolve disputes between persons making FOIA requests and administrative agencies; or to the Office of Management and Budget to obtain that office’s advice regarding obligations under the Privacy Act.

11. In an appropriate proceeding before a court, grand jury, or administrative or adjudicative body, when FMSHRC determines that the records may be relevant and necessary to the proceeding or in an appropriate proceeding before another administrative or adjudicative body when the adjudicator determines the records to be relevant and necessary to the proceeding.

12. To a federal, state, tribal, local, or foreign government agency or entity for the purpose of consulting with that agency or entity: (a) to assist in making a determination regarding remedies for an individual in connection with the operations of a FMSHRC program; (b) for the purpose of verifying the identity of an individual seeking remedies in connection with the operations of a FMSHRC program; or (c) for the information submitted by an individual who has requested such remedies on behalf of another individual.

13. To such recipients and under such circumstances and procedures as are mandated by federal statute.

Electronic records are stored in FMSHRC’s electronic case management system. Some parts of the official file that cannot be reduced into an electronic format are marked as part of the official file and are stored in a physical FMSHRC filing system.

By case name or docket number.

In accordance with the records schedule approved by the National Archives and Records Administration, the cut-off date for files is at the close of the case. Files are maintained until 99 years old or when no longer needed for reference, whichever is earlier, but no earlier than 6 years after cut-off.

Electronic records are safeguarded through use of access codes and information technology security in compliance with the FedRAMP standardized approach to security assessment, authorization, and continuous monitoring for cloud products and services. Contractors and other recipients providing services to FMSHRC shall be required to maintain equivalent safeguards. Physical records are safeguarded in a secured environment. The building where the records are stored has security cameras and security guard service. The records are kept in locked file rooms in limited access areas. Access to the file rooms is limited to those personnel whose official duties require access.

Individuals who wish to gain access to their records should notify: Privacy Officer, FMSHRC, 1331 Pennsylvania Avenue, NW, Suite 520N, Washington, DC 20004-1710. For an explanation on how such requests should be drafted, refer to FMSHRC’s regulations contained in 29 CFR part 2705.

Individuals who wish to contest their records should notify: Privacy Officer, FMSHRC, 1331 Pennsylvania Avenue, NW, Suite 520N, Washington, DC 20004-1710. For an explanation on the specific procedures for contesting the contents of a record, refer to FMSHRC’s regulations contained in 29 CFR part 2705.

Individuals who wish to inquire about their records should notify: Privacy Officer, FMSHRC, 1331 Pennsylvania Avenue, NW, Suite 520N, Washington, DC 20004-1710. For an explanation on the specific procedures for contesting the contents of a record, refer to FMSHRC’s regulations contained in 29 CFR part 2705.

None.

April 6, 2000, 65 Federal Register 18134.

None.

Office of the Chair, FMSHRC, 1331 Pennsylvania Avenue, NW, Suite 520N, Washington, DC 20004-1710.

Reasonable Accommodation Coordinator, Office of the Chair, FMSHRC, 1331 Pennsylvania Avenue, NW, Suite 520N, Washington, DC 20004-1710.

30 U.S.C. 823; 44 U.S.C. 3101 et seq.; the Rehabilitation Act of 1973, 29 U.S.C. 701 et seq.; Americans with Disabilities Act ("ADA"), as amended by the ADA Amendments Act of 2008, 42 U.S.C. 12101 et seq.; Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e et seq.; the Family and Medical Leave Act of 1993, 29 U.S.C. 2601 et seq.; the Uniformed Services Employment and Reemployment Rights Act of 1994, 38 U.S.C. 4301 et seq.; 29 CFR part 1630; and E.O. 13164 as amended by E.O. 13478.

This system is maintained for the purpose of considering, deciding and implementing requests for reasonable accommodation made by Commission employees and applicants, and to preserve and maintain confidentiality of the individuals making the request.

Current and former Commission employees and applicants who have requested reasonable accommodations for a medical reason, a sincerely held religious belief, or for protected leave.

Applicant or employee requests for reasonable accommodations; medical information; religious information; military service orders or records; notes or records made during consideration of requests; decisions on requests; and records made to implement or track decisions on requests.

Information in this system of records comes from the individual to whom it applies, and is derived from information supplied by that individual such as a doctor’s statement, medical information, or military service orders or records.

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 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 an agency, organization, or individual for audit or oversight operations as authorized by law, but only such information as is necessary and relevant to such audit or oversight function when necessary to accomplish an agency function related to the system of records. Individuals provided information under this routine use are subject to the same Privacy Act requirements and limitations on disclosure as are applicable to Commission officers and employees.

2. To appropriate agencies, entities, and persons when: (a) FMSHRC suspects or has confirmed that there has been a breach of the system of records; (b) FMSHRC has determined that as a result of the suspected or confirmed breach there is a risk of harm to individuals, FMSHRC, 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 FMSHRC's efforts to respond to the suspected or confirmed breach or to prevent, minimize, or remedy such harm.

3. To another federal agency or federal entity, when FMSHRC 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.

4. To an appropriate federal, state, local, foreign, or tribal or other public authority if the information is relevant and necessary to a requesting agency’s decision concerning the hiring or retention of an individual, or issuance of a security clearance, background investigation, contract, or other benefit, or if the information is relevant and necessary to a Commission decision concerning the retention of an employee, the issuance of a security clearance, the reporting of an investigation of an employee, the vetting of a contract, or the issuance of another benefit and when disclosure is appropriate to the proper performance of the official duties of the person making the request.

5. To a Member of Congress or staff on behalf of and at the request of the individual who is the subject of the record.

6. To contractors, experts, consultants, the agents thereof, and others performing or working on a contract, service, grant, cooperative agreement, or other assignment for the Commission, when necessary to accomplish an agency function related to the system of records. Individuals provided information under this routine use are subject to the same Privacy Act requirements and limitations on disclosure as are applicable to Commission officers and employees.

7. To an appropriate federal, state, tribal, local, or foreign agency or other appropriate authority charged with investigating or prosecuting a violation or enforcing or implementing a law, rule, regulation, or order, where a record, either on its face or in conjunction with other information, indicates a violation or potential violation of law, which includes criminal, civil, or regulatory violations and such disclosure is proper and consistent with the official duties of the person making the disclosure.

8. To the Department of Justice, the Commission’s outside counsel, other federal agencies conducting litigation, or in proceedings before any court, adjudicative or administrative body, when (a) the Commission, or (b) any employee of the Commission in his or her official capacity, or (c) any employee of the Commission in his or her individual capacity where the Department of Justice or the Commission has agreed to represent the employee, or (d) the United States or any agency thereof, is a party to the litigation or has an interest in such litigation, and the Commission determines that the records are both relevant and necessary to the litigation and the use of such records is compatible with the purpose for which the Commission collected the records.

9. To the National Archives and Records Administration (NARA) for records management purposes; to the Government Accountability Office for oversight purposes; to the Department of Justice to obtain that department’s advice regarding disclosure obligations under the Freedom of Information Act (FOIA); to NARA’s Office of Government Information Services (OGIS) for record inspection purposes and to facilitate OGIS’ offering of mediation services to resolve disputes between persons making FOIA requests and administrative agencies; or to the Office of Management and Budget to obtain that office’s advice regarding obligations under the Privacy Act.

10. In an appropriate proceeding before a court, grand jury, or administrative or adjudicative body, when the Commission determines that the records may be relevant and necessary to the proceeding or in an appropriate proceeding before another administrative or adjudicative body when the adjudicator determines the records to be relevant and necessary to the proceeding.

11. To respond to subpoenas, specifically approved by a court, in any litigation or other proceeding, and the Commission determines that the records are both relevant and necessary to the litigation and the use of such records is compatible with the purpose for which the Commission collected the records.

12. To a federal, state, tribal, local, or foreign government agency or entity for the purpose of consulting with that agency or entity: (a) to assist in making a determination regarding redress for an individual in connection with the operations of a Commission program; (b) for the purpose of verifying the identity of an individual seeking redress in connection with the operations of a Commission program; or (c) for the purpose of verifying the accuracy of information submitted by an individual who has requested such redress on behalf of another individual.

13. To such recipients and under such circumstances and procedures as are mandated by federal statute.

Records in this system are stored in paper format and electronically on a secured network drive with limited personnel access.

Records in this system can be retrieved by name.

Retention and disposal of records is in accordance with National Archives and Records Administration’s General Records Schedule.

Access is limited to authorized individuals with passwords, cipher lock combinations, or keys. Electronic files are maintained on a secured network drive with limited user access. Access to the Commission’s office in Washington, DC, may be gained only by using an electronic programmed Kastle Card, which is provided only to Commission personnel and is changed on a regular basis.

Paper records, which may exist for records of previous employees prior to electronic files, are stored in a locked file cabinet in a locked file room with access only by Commission personnel responsible for maintenance of those records. The building where the records are stored has security cameras and security guard service. The records are kept in limited access areas during duty hours and in locked file cabinets and/ or locked offices or file rooms at all other times. Access is limited to those personnel whose official duties require access.

Individuals who wish to gain access to their records should notify: Privacy Officer, FMSHRC, 1331 Pennsylvania Avenue NW, Suite 520N, Washington, DC 20004–1710. For an explanation on how such requests should be drafted, refer to the Commission’s regulations contained in 29 CFR part 2705.

Individuals who wish to contest their records should notify: Privacy Officer, FMSHRC, 1331 Pennsylvania Avenue NW, Suite 520N, Washington, DC 20004–1710. For an explanation on the specific procedures for contesting the contents of a record, refer to the Commission’s regulations contained in 29 CFR part 2705.

Individuals who wish to inquire about their records should notify: Privacy Officer, FMSHRC, 1331 Pennsylvania Avenue NW, Suite 520N, Washington, DC 20004–1710. For an explanation on the specific procedures for contesting the contents of a record, refer to the Commission’s regulations contained in 29 CFR part 2705.

None.

None.