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

CONSUMER PRODUCT SAFETY COMMISSION

Privacy Act of 1974; Announcement of Systems of Records and

Deletion of System of Records

AGENCY: Consumer Product Safety Commission.

ACTION: Announcement of systems of records.

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

July 14,

[[Page 29715]]

1997, unless comments are received which require a contrary

determination. The deletion of a system of records is effective June 2,

1997.

ADDRESSES: Comments should be mailed to the Office of the Secretary,

Consumer Product Safety Commission, Washington, DC 20207, or E-Mailed

to [email protected].

FOR FURTHER INFORMATION CONTACT:

Joseph F. Rosenthal, Office of the General Counsel, Consumer Product

Safety Commission, Washington, DC 20207, Telephone (301) 504-0980.

SUPPLEMENTARY INFORMATION: The Consumer Product Safety Commission is

publishing notice of four systems of records and is deleting one system

of records.

The first system of records, Enforcement and Investigation Files--

CPSC-7, covers the various kinds of documents which are assembled and

indexed to support actual or potential actions to enforce the

Commission's statutes and regulations. A proposed regulation exempting

these documents from certain provisions of the Privacy Act appears

elsewhere in this issue of the Federal Register.

The second system of records, Integrated Field System--CPSC-8,

covers a computerized system that records and retrieves the various

investigatory and other actions carried out by individual members of

the Commission's field staff.

The third system of records, Procurement Files--CPSC-10, consists

of that subset of the Commission's procurement files relating to

procurements from individuals, as opposed to files on procurements from

business entities which are not subject to the Privacy Act.

The fourth system of records, Procurement Integrity Files--CPSC-18,

covers a file of paper forms, alphabetized by name, which contains the

social security numbers of Commission employees involved in procurement

activities.

A previously published system of records, Western Regional Center

Outreach Records--CPSC-21, no longer exists and is being deleted.

The Chairman of the Committee on Governmental Affairs of the

Senate, the Chairman of the Committee on Government Reform and

Oversight of the House of Representatives, and the Office of Management

and Budget have been notified of these systems.

Accordingly, CPSC-21 is removed and reserved and the following four

systems are added to the Consumer Product Safety Commission's inventory

of Privacy Act notices.

Dated: May 27, 1997.

Sadye E. Dunn,

Secretary, Consumer Product Safety Commission.

CPSC-7

System name:

Enforcement and Investigation Files.

System location:

Office of Compliance, and Office of the General Counsel, Consumer

Product Safety Commission, 4330 East West Highway, Bethesda, MD 20814.

Categories of individuals covered by the system:

Individuals who are the authors or recipients of documents received

by, or generated by, the Consumer Product Safety Commission in

preparation for, or the conduct of, potential or actual administrative

or judicial enforcement actions and individuals mentioned in such

documents.

Categories of records in the system:

Memoranda, correspondence, test reports, injury reports, notes, and

any other documents relating to the preparation for, or conduct of,

potential or actual administrative or judicial enforcement actions. The

materials may contain personal information as well as purely legal and

technical information.

Authority for maintenance of the system:

15 U.S.C. 1194, 1195, 1196, 1264, 1265, 2069, 2070.

Purpose(s):

These files are used by Commission attorneys, compliance officers,

and supporting technical staff investigating product hazards and

enforcing the Commission's statutory authority.

Routine uses of records maintained in the system, including categories

of users and the purposes of such uses:

These records may be cited and quoted in the course of enforcement

negotiations, and in pleadings filed with an adjudicative body and

served on opposing counsel. They may be disclosed to the Department of

Justice in connection with the conduct of litigation.

Policies and practices for storing, retrieving, accessing, retaining,

and disposing of records in the system:

Storage:

Records are stored in file folders or computer files or both.

Retrievability:

Paper records may be filed by and retrievable by name of the

document's author or addressee or by other indicia. Computer records

are indexed by, and retrievable by the names and other indicia of

authors and addresses, and may permit retrieval by names elsewhere in

documents.

Safeguards:

Paper records are kept in secure areas. Computer records are

protected by passwords available only to staff with a need to know.

Retention and disposal:

Computer records are kept indefinitely. Paper records are

transferred to the Federal Records Center five years after case is

closed.

System manager(s) and address:

General Counsel and Director, Office of Compliance, Consumer

Product Safety Commission, Washington, DC 20207.

Notification procedure:

Freedom of Information/Privacy Act Officer, Consumer Product Safety

Commission, Washington, DC 20207.

Record access procedures:

Same as notification.

Contesting record procedures:

Same as notification.

Record source categories:

These records come from organizations and individuals under

investigation, from Commission attorneys, compliance officers,

investigators, and supporting technical staff, and from other sources

of information relevant to an investigation or adjudication.

Systems exempted from certain provisions of the act:

All portions of this system of records which fall within 5 U.S.C.

552a(k)(2) (investigatory materials compiled for law enforcement

purposes) are exempt from the provisions of 5 U.S.C. 552a(c)(3)

(mandatory accounting of disclosures); 5 U.S.C. 552a(d) (access by

individuals to records that pertain to them); 5 U.S.C. 552a(e)(1)

(requirement to maintain only such information as is relevant and

necessary to accomplish an authorized agency purpose); 5 U.S.C.

552a(e)(4)(G) (mandatory procedures to notify individuals of the

existence of records pertaining to them); 5 U.S.C. 552a(e)(4)(H)

(mandatory procedures to notify individuals how they can obtain access

to and contest records pertaining to them); 5 U.S.C. 552a(e)(4)(I)

(mandatory disclosure of record source categories); and the

Commission's regulations in 16 CFR part 1014 that implement these

statutory provisions.

[[Page 29716]]

CPCS-8

System name:

Integrated Field System.

System location:

Directorate for Field Operations, Consumer Product Safety

Commission, 4330 East West Highway, Bethesda, MD 20814.

Categories of individuals covered by the system:

Personnel of the Consumer Product Safety Commission and persons

signing affidavits related to items acquired for testing or evidentiary

purposes by the Commission.

Categories of records in the system:

These records contain data regarding inspections, accident

investigations, recall effectiveness checks, and the collection and

custody of product samples for testing or evidentiary purposes. These

records contain task assignments made to field personnel, the names of

the designated personnel and their supervisors, initial target

completion dates, revised target completion dates, and actual

completion dates.

Authority for maintenance of the system:

15 U.S.C. 2053, 2076(f).

Purpose(s):

The Directorate of Field Operations and the Office of Compliance

use this system to manage their operations and document the results of

their investigatory activities for potential enforcement action by the

Commission. The system is accessed and used in the field by

supervisors, investigators, and compliance officers, and at

headquarters by compliance officers and managers. It is used to monitor

staff workloads and may be used to evaluate staff performance.

Statistical compilations from these records may be used in reports to

management, Congress, or the press.

Routine uses of records maintained in the system, including categories

of users and the purposes of such uses:

These records may be cited and quoted in the course of enforcement

negotiations, and in pleadings filed with an adjudicative body and

served on opposing counsel. They may be disclosed to the Department of

Justice in connection with the conduct of litigation.

Policies and practices for storing, retrieving, accessing, retaining,

and disposing of records in the system:

Storage:

These records are stored in a computer database system. Users of

the system may make printouts of selected portions of the records from

time to time.

Retrievability:

Information may be retrieved by any field, including personal name

or identifiers, by authorized headquarters and field staff.

Safeguards:

Access to the computer records requires two separate passwords, one

for the network on which the database resides and one for the database

itself. Paper records are kept in secure locations.

Retention and disposal:

Computer records are kept indefinitely. Paper records are

transferred to the Federal Records Center after five years.

System manager(s) and address:

Deputy Executive Director, Directorate for Field Operations,

Consumer Product Safety Commission, Washington, DC 20207.

Notification procedure:

Freedom of Information/Privacy Act Officer, Office of the

Secretary, Consumer Product Safety Commission, Washington, DC 20207.

Record access procedures:

Same as notification.

Contesting record procedures:

Same as notification.

Record source categories:

Information comes primarily from field staff and their supervisors.

CPSC-10

System name:

Procurement Files.

System location:

Division of Procurement Services, Consumer Product Safety

Commission, 4330 East West Highway, Bethesda, MD 20814.

Categories of individuals covered by the system:

Individuals who sell goods or services to the Consumer Product

Safety Commission

Categories of records in the system:

Contracts, proposals, purchase orders, correspondence and other

documents related to specific procurements from individuals. These

records may include social security number, home address, bank account

number, home telephone number, and sometimes other personal data.

Documents related to procurements from corporations, partnerships, or

other such business entities are not included in this system of

records.

Authority for maintenance of the system:

15 U.S.C. 2076.

Purpose(s):

These records support all facets of the Commission's procurement

activities.

Routine uses of records in the system, including categories of users

and the purposes of such uses:

(1) To the U.S. Department of Justice when related to litigation or

anticipated litigation.

(2) To the appropriate Federal, State, or local investigation or

enforcement agency when there is an indication of a violation of

potential violation of statute or regulation in connection with a

procurement.

(3) To a Congressional office in response to an inquiry made at the

request of the individual who is the subject of the record.

(4) To the General Accounting Office in the event of a procurement

protest involving the individual.

(5) To the General Services Administration Board of Contract

Appeals in the event of a contract claim or dispute involving the

individual.

Disclosure to consumer reporting agencies;

Disclosures pursuant to 5 U.S.C. 552a(b)(12). Pursuant to 5 U.S.C.

552a(b)(12), disclosures may be made to a consumer reporting agency as

defined in the Fair Credit Reporting Act (15 U.S.C. 1681a(f)) or the

Federal Claims Collection Act of 1966 (31 U.S.C. 3701(a)(3)).

Policies and practices for storing, retrieving, accessing, retaining,

and disposing of records in the system:

Storage:

Records are stored in file folders. Extracts of these records,

including social security number, address, and phone number, are kept

in a computer database.

Retrievability:

Records are retrieved from the computer database by personal name,

contract number, and other fields. Paper records are retrieved by

contract number, which may be retrieved by first searching for the

personal name in the computer database.

[[Page 29717]]

Safeguards:

Paper records are stored in locked cabinets in a secure area.

Computer records are accessible only through the use of two separate

passwords, which are issued to those with a need to know.

Retention and disposal:

Computer records are kept indefinitely. Paper records are destroyed

6 years and 3 months after final payment.

System manager(s) and address:

Director, Division of Procurement Services, Consumer Product Safety

Commission, Washington, DC 20207.

Notification procedure:

Freedom of Information/Privacy Act Officer, Office of the

Secretary, Consumer Product Safety Commission, Washington, DC 20207.

Record access procedures:

Same as notification.

Contesting record procedures:

Same as notification.

Record source categories:

Personal information in these records is normally obtained from the

person to whom the records pertains, but other information may be

obtained from references or past performance reports.

CPSC-18

System name:

Procurement Integrity Records.

System location:

Division of Procurement Services, Consumer Product Safety

Commission, 4330 East West Highway, Bethesda, MD 20814.

Categories of individuals covered by the system:

Commission employees involved in the purchase of goods or services.

Categories of records in the system:

Procurement Integrity Certificates. These are standard forms that

are certifications that the employees to whom they pertain understand

and will abide by specified laws and regulations pertaining to

procurement activities. The forms include the name, signature and, for

forms completed before April, 1997, the social security number of the

individuals.

Authority for maintenance of the system:

41 U.S.C. 423(l)(2).

Purpose(s):

These certificates provide continuing evidence of an individual's

qualification to participate in procurement activities.

Routine uses of records maintained in the system, including categories

of users and the purposes of such uses:

Transfers to Federal, State, local, or foreign agencies when

relevant to civil, criminal, administrative, or regulatory

investigations or proceedings, including transfer to the Office of

Government Ethics in connection with its program oversight

responsibilities, or pursuant to a request by any appropriate Federal

agency in connection with hiring, retention, or grievance of an

employee or applicant, the issuance of a security clearance, the award

or administration of a contract, the issuance of a license, grant, or

other benefit, to committees of the Congress, or any other use

specified by the Office of Personnel Management (OPM) in the system of

records entitled ``OPM/GOVT-1, General Personnel Records,'' as

published in the Federal Register periodically by OPM.

Policies and practices for storing, retrieving, accessing, retaining,

and disposing of records in the system:

Storage:

Stored alphabetically in file folders.

Retrievability:

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

Safeguards:

Records are kept in a secure area.

Retention and disposal:

Records are kept until no longer needed.

System manager(s) and address:

Director, Division of Procurement Services, Consumer Product Safety

Commission, Washington, DC 20207.

Notification procedure:

Freedom of Information/Privacy Act Officer, Office of the

Secretary, Consumer Product Safety Commission, Washington, DC 20207.

Record access procedures:

Same as notification.

Contesting record procedures:

Same as notification.

Record source categories:

Information is supplied by the individual to whom a record

pertains.

[FR Doc. 97-14336 Filed 5-30-97; 8:45 am]

BILLING CODE 6355-01-M