[Federal Register Volume 74, Number 235 (Wednesday, December 9, 2009)]
[Notices]
[Pages 65172-65173]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-29383]
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POSTAL SERVICE
Privacy Act of 1974, Data Comparison Program--Postal Service and
Public Sex Offender Registries
AGENCY: Postal ServiceTM.
ACTION: Notice of Data Comparison Program--Postal Service and public
sex offender registries via the Dru Sjodin National Sex Offender Public
Web site maintained by the Department of Justice.
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SUMMARY: The United States Postal Service[supreg] (Postal Service)
plans to conduct an ongoing data comparison program to identify any
current Postal Service employees who are required by law to register on
a public registry of sex offenders. These registries contain
information about individuals who are statutorily required to register,
having committed offenses of sexual violence against adults or
children, certain other crimes against victims who are minors, or other
comparable offenses. Under the guidelines created by the Adam Walsh
Child Protection and Safety Act of 2006 (Walsh Act), the Dru Sjodin
National Sex Offender Public Web site (NSOPW) was created and
coordinated by the U.S. Department of Justice (DOJ) as a cooperative
effort between the agencies hosting public sexual offender registries
and the Federal government. The NSOPW is a search tool allowing a user
to submit a single national query to obtain information about sex
offenders through a number of search options. The Postal Service has
procured software that enables it to conduct multiple simultaneous
queries of the NSOPW via a secure line to the DOJ NSOPW. The software
queries the public registries for each employee and returns a match, if
found, to a secured database. No Postal Service employee information is
ever shared with the DOJ or stored outside of the Postal Service's
control. The Postal Service will compare its payroll database of
current employees against public records using the NSOPW search tool.
The Postal Service is undertaking this initiative to ascertain the
suitability of individuals for certain positions or employment and to
protect the integrity of its brand.
DATES: The comparison program will become effective no sooner than 30
days after notice of the comparison program is published in the Federal
Register and sent to the DOJ, Congress, and the Office of Management
and Budget (OMB). The comparison program will be ongoing.
ADDRESSES: Written comments on this proposal should be mailed or
delivered to the Records Office, Postal Service, 475 L'Enfant Plaza,
SW., Room 5846, Washington, DC 20260-5353. Copies of all written
comments will be available at the above address for public inspection
and photocopying between 8 a.m. and 4 p.m., Monday through Friday.
FOR FURTHER INFORMATION CONTACT: Jane Eyre at 202-268-2608.
SUPPLEMENTARY INFORMATION: The Postal Service seeks to provide the
public with accurate and efficient mail delivery to the more than 144
million businesses and residences in this country. Given the public
nature of the Postal Service, published standards of conduct for Postal
Service employees prohibit any employee from engaging in criminal,
dishonest, or similar prejudicial conduct. The Postal Service plans to
extract records for each current employee (first and last name, city of
residence, state, and ZIPTM Code) from its Privacy Act
System of Records (USPS 100.400), Personnel Compensation and Payroll
Records, and will compare the records with public sex offender records
using the NSOPW search tool maintained by the DOJ under the authority
of the Walsh Act. The NSOPW search tool accesses databases of public
information about individuals who have been required as a matter of law
to register on a sexual offender public registry. This comparison
program does not constitute a computer matching program, subject to the
provisions of the Privacy Act, because the Postal Service is comparing
data in its own Privacy Act Systems of Records with publicly available
records. Records will not be disclosed to any other agency for purposes
of this comparison. Nevertheless, the Postal Service is providing
public notice of the proposed program and will conduct the program in
the manner described below to ensure that the interests of postal
employees are fully protected.
After extensively verifying the accuracy of the information, the
Postal Service will use the data to determine whether the reported
offenses may impact an individual's suitability for certain positions
or employment and to protect the integrity of the Postal Service's
brand. The Postal Service will analyze each occurrence on a case-by-
case basis to determine the appropriate action to take, if any. In this
regard, the Postal Service will consider the seriousness of the
offense, the date of the offense, the nature of the employee's position
with the Postal Service, and any other factors that may be relevant to
the individual case.
The Postal Service will make extensive efforts to ensure that the
data is accurate. Postal Inspectors will review the match report in
order to verify that the person identified via the NSOPW is in fact a
Postal Service employee. A postal inspector will then determine whether
the person is properly included on the public registry by reviewing the
relevant facts about the offense from information furnished by relevant
law enforcement agencies, such as the arresting agency. The postal
inspector will refer instances where the employee failed to provide any
required notice of the offense to Postal Service management, or other
instances considered employee misconduct, to the Office of Inspector
General (OIG). The inspector or OIG special agent will prepare an
investigative memorandum or report of investigation, respectively,
which will be sent to the individual employee's installation head. The
installation head will ensure that a case-by-case analysis is conducted
regarding the appropriate action to be taken. The Postal Service will
provide at least 30 days advance notice prior to the initiation of any
adverse action against
[[Page 65173]]
a matched individual (unless the Postal Service determines that public
health or safety may be affected or threatened pursuant to 5 U.S.C.
552a(p)(3)).
The privacy of employees will be safeguarded and protected. The
Postal Service will manage all data in strict accordance with the
Privacy Act of 1974. Data extracted from the relevant Postal Service
System of Records (USPS 100.400) for comparison will not be shared with
the DOJ, state agencies, territories, Indian Nations, or any other
person or organization, except as authorized by the Privacy Act or
required by the Freedom of Information Act. Any verified data that is
maintained will be managed within the parameters of the Privacy Act
System of Records USPS 700.000, Inspection Service Investigative File
System (last published April 29, 2005 (Volume 70, Number 82)); and, for
cases referred to the OIG, data that is maintained will also be managed
within the parameters of Privacy Act System of Records USPS 700.300,
Inspector General Investigative Records (last published June 14, 2006
(Volume 71, Number 114)).
Key privacy features of the data comparison program include the
following:
Requiring that the identity of matched individuals be
verified and that the relevant facts of the offense be confirmed;
Requiring appropriate security controls for the
comparison;
Providing protections for employees who appear as an
initial match but who are not subsequently verified as belonging on the
state registry of offenders; and
Requiring the Postal Service to complete the verification
and provide at least 30 days advance notice prior to the initiation of
any adverse action against a matched individual (unless the Postal
Service determines that public health and safety may be affected or
threatened pursuant to 5 U.S.C. 552a(p)(3), or as otherwise provided by
5 U.S.C. 7513(b), relevant collective bargaining provisions, and Postal
Service regulations).
Neva Watson,
Attorney, Legislative.
[FR Doc. E9-29383 Filed 12-8-09; 8:45 am]
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