Employment and Financial Interest Statements
[Federal Register: April 9, 1999 (Volume 64, Number 68)]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
Privacy Act of 1974; As Amended; Revisions to the Existing System
AGENCY: Office of Surface Mining, Interior.
ACTION: Proposed revisions to an existing system of records.
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
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
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:
Chief Information Officer, Office of Surface Mining.
Employment and Financial Interests Statements--States and Federal
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
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
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:
Maintained in file orders.
Filed alphabetically by employee name.
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
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]
BILLING CODE 4310-05-M