Privacy Act of 1974; As Amended; Revisions to the Existing System of Records

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

Privacy Act of 1974; As Amended; Revisions to the Existing System

of Records

AGENCY: Office of Surface Mining, Interior.

ACTION: Proposed revisions to an existing system of records.

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SUMMARY: In accordance with the Privacy Act of 1974, as amended (5

U.S.C. 552a), the Office of Surface Mining (OSM) is issuing public

notice of its intent to modify an existing Privacy Act system of

records notice, OSM-8, ``Employment and Financial Interests

Statements--States and Other Federal Agencies.'' The revisions will

update the System Name, System Location address, System Manager(s);

accurately define the Categories of Individuals Covered by the System,

Categories of Records in the System, Authority for Maintenance of the

System, Safeguards, Retention and Disposal; and clarify the

Notification Procedure, Record Access Procedures and Contesting Record

Procedures.

EFFECTIVE DATE: 5 U.S.C. 552a(e)(11) requires that the public be

provided a 30-day period in which to comment on the intended use of the

information in the system of records. The Office of Management and

Budget, in its Circular A-130, requires an additional 10-day period

(for a total of 40 days) in which to make these comments. Any persons

interested in commenting on this revised system of records may do so by

submitting comments in writing to the U.S. Department of the Interior,

Office of Surface Mining, Privacy Officer, 1951 Constitution Avenue,

NW, Mail Stop 262-SIB, Washington, DC 20240. Comments received within

40 days of publication in the Federal Register will be considered. The

system will be effective as proposed at the end of the comment period,

unless comments are received which would require a contrary

determination.

ADDRESS: Send written comments to the U.S. Department of the Interior,

Office of Surface Mining, Privacy Act Officer, Mail Stop 262-SIB, 1951

Constitution Avenue, NW, Washington, DC 20240. You may also hand

deliver comments to the same address.

FOR FURTHER INFORMATION CONTACT: Chief, Office of Personnel, Office of

Surface Mining, 1951 Constitution Avenue, NW, Washington, DC 20240.

SUPPLEMENTARY INFORMATION: Earlier Privacy Act Compilations list the

systems of records with the prefix ``OSMRE'' (e.g., OSMRE-8) as

originally published in the Federal Register. The prefix was changed to

``OSM'' in subsequent records systems for convenience. The OSM is

proposing to amend the system notice for OSM-8 ``Employment and

Financial Interests Statements--States and Other Federal Agencies,''

previously published in the Federal Register on June 6, 1989 (54 FR

24270). This revision is needed to update required data elements as

well as the System Name, System Location, System Manager(s) and

Address. This revision more precisely defines the Categories of

Individuals Covered by the System, Categories of Records in the System,

Authority for Maintenance of the System, as well as Safeguards, and

Retention and Disposal policies and practices; and makes minor

clarifying changes to the Notification Procedure, Record Access

Procedures and Contesting Record Procedures.

Accordingly, the OSM proposes to amend the ``Employment and

Financial Interests Statements--States and Other Federal Agencies,''

OSM-8 in its entirety to read as follows:

Robert Ewing,

Chief Information Officer, Office of Surface Mining.

INTERIOR/OSM-8

SYSTEM NAME:

Employment and Financial Interests Statements--States and Federal

Agencies.

SYSTEM LOCATION:

Office of Surface Mining Reclamation and Enforcement (OSM),

Department of the Interior, 1951 Constitution Avenue, NW, Room 340,

Washington, DC 20240.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:

1. Office of Surface Mining employees by 30 CFR 706.15(a); 2. The

head of each State regulatory authority who is required to file a

financial statement with the Director of the Office of Surface Mining

Reclamation and Enforcement by 30 CFR 705.15; 3. Federal employees,

other than Interior Department employees, who are required to file a

financial interest statement by 30 CFR 706.11(b) and who file with the

Director of the Office of Surface Mining Reclamation and Enforcement in

accordance with 30 CFR 706.15(c); and 4. State employees, and Federal

employees other than Interior Department employees, whose financial

interest statements are referred to the Department of the Interior in

accordance with 30 CFR 705.19(a)(3) or 30 CFR 706.19(c).

CATEGORIES OF RECORDS IN THE SYSTEM:

Contains statements of employment and financial interests forms for

Federal employees (OGE Form 450 & DI-1993), and for State employees

(Form 23). Also contains records of decisions, analysis of financial

holdings, employee statements, pertinent comments from supervisors,

agency heads, and the Solicitor's Office, and related records.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

Sections 201 (c) and (f) and 517(g) of Pub. L. 95-87 and 30 CFR 705

and 706.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES

OF USERS AND THE PURPOSES OF SUCH USES:

The primary uses of the records are: (a) To review employee

financial interests and determine employee compliance or non-compliance

with the applicable statute and regulations; (b) to record the fact

that the employee has been made aware of specifically directed

legislation or regulations covering his organization and duties and

that he or she is in compliance with such specific legislation or

regulations; and (c) to provide an adequate system of records for

auditors performing compliance audits. Disclosures outside the

Department of the Interior may be made (1) to the Department of Justice

or in a proceeding before a court or adjudicative body when (a) the

United States, the Department of the Interior, a component of the

Department, or, when represented by the government, an employee of the

Department is a party to litigation or anticipated litigation or has an

interest in such litigation, and (b) the Department of the Interior

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determines that the disclosure is relevant or necessary to the

litigation and is compatible with the purpose for which the records

were compiled: (2) of information indicating a violation or potential

violation of a statute, regulation, rule, order or license, to

appropriate Federal, State, or local agencies responsible for

investigating or prosecuting the violation or, (3) to Federal, State or

local agencies where necessary to obtain information relevant to

resolving prohibited financial interest situations or to litigation

which may affect the hiring or retention of an employee; (4) to a

Congressional office from the record of an individual in response to an

inquiry made at the request of that individual.

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,

AND DISPOSING OF RECORDS IN THE SYSTEM:

STORAGE:

Maintained in file orders.

RETRIEVABILITY:

Filed alphabetically by employee name.

SAFEGUARDS:

Maintained in a safe having a three-position dial-type,

manipulation proof, combination lock.

RETENTION AND DISPOSAL:

Records will be destroyed six years after receipt unless needed in

an ongoing investigation (National Archives and Records Administration,

General Records Schedule, 1, Item 24). Records referred will be

returned to the referring agency for disposal in accordance with that

agency's disposal policy.

SYSTEM MANAGER(S) AND ADDRESS:

Chief, Office of Personnel, Office of Surface Mining, Department of

the Interior, 1951 Constitution Ave., NW, Room 340, Washington, DC

20240.

NOTIFICATION PROCEDURE:

To determine whether information is maintained on you in this

system, write to the System Manager. See 43 CFR 2.60.

RECORD ACCESS PROCEDURES:

To see your records, write to the System Manager. Describe as

specifically as possible the record sought and mark the request

``Privacy Act Request for Access.'' See 43 CFR 2.63.

CONTESTING RECORD PROCEDURES:

A petition for amendment shall be addressed to the System Manager

and meet the content requirements of 43 CFR 2.71.

RECORD SOURCE CATEGORIES:

Present or past Federal or State employees required to file

employment and financial interests statements.

[FR Doc. 99-8842 Filed 4-8-99; 8:45 am]

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