United States Department of Agriculture
Research, Education, and Economics
ARS * CSREES * ERS * NASS
Policies and Procedures
Title: |
Releasing Information About REE Employees |
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Number: |
411.7 |
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Date: |
May 26, 2000 |
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Originating Office: |
Human Resources Division, Employee Relations Branch, AFM/ARS |
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This Replaces: |
411.7 Dated 4/12/93 |
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Distribution: |
All REE Employees |
This
P&P provides guidance for the release of information concerning REE employees from
agency records.
NOTE: Any questions concerning the propriety of the release of more specific information
should be referred to the FOIA/Privacy Act Coordinator, Information Staff. |
Table of Contents
1. REFERENCES
2. AUTHORITIES
3. POLICY
4. RELEASABLE INFORMATION
5. INQUIRIES WHICH MAY BE ADDRESSED AT ANY ORGANIZATIONAL LEVEL
PROVIDED THE INFORMATION IS LOCALLY AVAILABLE
Credit Information
Employment Verification
Information Requests from
Prospective Employers
Garnishment Orders for Child Support
and/or Alimony
Information Requests from Court or
Law Enforcement Officials
Labor Organization Information
Requests
Taxing Authority Information
Requests
Information Requested in
Connection With an Official Inquiry
6. INQUIRIES THAT MUST BE REFERRED
7. PROCEDURES FOR ACCOUNTING OF DISCLOSURES
8. SUMMARY OF RESPONSIBILITIES
Human Resources Division is
responsible for
Area Administrative Officers,
Location Administrative Officers and Agency designated
parties
are responsible for:
9. GLOSSARY
- 5 Code of Federal Regulations (CFR) 581, Processing Garnishment Orders for Child Support
and/or Alimony
- 5 CFR 582, Commercial Garnishment of Federal Employee's Pay
- P&P 158.1, Freedom of Information Act and Privacy Act Guidelines
- P&P 461.6, Employees Appearing as Witnesses in Judicial or Administrative
Proceedings
- 5 United States Code (USC) 552a, Privacy Act
- 5 USC 552, Freedom of Information Act
- 5 CFR 293, Personnel Records, OPM
- Chapter 6, Personnel Recordkeeping, March 1996
It is REE policy to make general information concerning its employees available to the
public as specified under 5 CFR 293.311. Requests for employee information requiring
greater detail than permitted by this P&P, see P&P 158.1, Freedom of Information
Act and Privacy Act (FOIA/PA) Guidelines.
The items listed below are public information. This data may be released to the public
without prior written consent of the employee who is the data subject.
- Name.
- Present and past position titles and occupational series.
- Present and past grades.
- Present and past annual salary rates (including performance awards or bonuses, incentive
awards, merit pay amounts, Meritorious or Distinguished Executive Ranks, and allowances
and differentials).
- Present and past duty stations (including room numbers, stop designations, or other
identifying information regarding buildings or places of employment).
- Position Descriptions, identification of job elements and performance standards (but not
actual performance appraisals) the release of which would not interfere with law
enforcement programs or severely inhibit agency effectiveness. Performance elements and
standards (or work expectations) may be withheld when they are so intertwined with
performance appraisals that their disclosure would reveal an individual's performance
appraisal.
NOTE: For other than child support and garnishment questionnaires, home addresses and
telephone numbers are generally not disclosed. Any requests for such information,
including information more specific than the categories identified above, should be
immediately called to the attention of the FOIA/PA Coordinator, Information Staff.
In addition to the information listed in Section 4 above, certain information can be
released from the Official Personnel File (OPF) or an official extension of that file
under certain conditions. It is important to stress that only relevant information that
pertains to the request should be released to the requesting party. The fact that a
release of information is authorized does not mean that the requesting party is entitled
to all the information in the personnel file. Inquiries that do not fit the categories
should be treated as FOIA/PA requests and referred directly to the FOIA/PA Coordinator.
- Credit Information. Information may be released if
the employee has applied for credit and has given consent to the release of the
information. Such consent must be received directly from the employee or indicated on a
consent form from the crediting firm signed by the employee. The Agency should verify the
signature either by comparison to the employee's signature contained in his/her OPF or by
directly contacting the employee. The Agency should not be placed in a position of acting
as a credit rating agency. Inquiries from creditors who are seeking information beyond
that as specified above may not be answered using this procedure.
- Employment Verification. Employment information may
be released by employees to prospective creditors via TALX. Instructions for accessing
TALX are on the Human Resources Division (HRD) website at:
<
http://www.ars.usda.gov/afm/hrd/hrdhomepage/Pay_and_Leave/p%261.htm >.
- Information Requests from Prospective Employers.
Requests from prospective non-Federal employers for information such as tenure of the
employee, civil service status, and length of service with the Agency and the Federal
Government may be answered. If the employee is no longer employed by the Agency, the
date and reason for separation (only as shown on the Notification of Personnel Action,
SF-50) may be given except when the separation was through adverse action. Requests for
additional information regarding separation through adverse action should be referred to
the Employee Relations Branch (ERB) for reply. Any inquiries received from prospective
Federal employers requesting information from an employee's personnel records (as opposed
to verbal reference inquiries made to present or former supervisors) should be referred to
the appropriate HRD Fileroom listed below for handling.
ARS: USDA-ARS-AFM-HRD-RPB, 5601 Sunnyside Avenue, Room 3-1119,
Beltsville, MD 20705-5103. Phone #: 301-504-1362 or 301-504-1478.
CSREES, ERS and NASS: USDA-ARS-AFM-HRD-MSB, 1400 Independence Avenue,
SW, Stop Code 0308, Washington, DC 20250-0308. CSREES and ERS: 202-690-0914. NASS:
202-690-0915.
- Garnishment Orders for Child Support and/or Alimony.
Refer to 5 CFR 581- Processing Garnishment Orders for Child Support and/or Alimony, and 5
CFR 582 - Commercial Garnishment of Federal Employee's Pay for procedures to be followed
when debt complaints are received.
- Information Requests from Court or Law Enforcement
Officials. Information may be made available from an employee's personnel record
to another agency, or to an instrumentality of any governmental jurisdiction within or
under the control of the United States for a civil or criminal law enforcement activity
under certain conditions. If the activity is authorized by law and the agency or
instrumentality has made a written request to the Agency specifying the particular portion
desired and the law enforcement activity for which the record is sought the information
may be released. If a subpoena is received, the matter and copies of all materials should
be referred to the REE Ethics Office within the ERB immediately.
- Labor Organization Information Requests. The law
requires agencies to furnish to the Union, upon request, data: that is normally maintained
in the regular course of business; is reasonably available; and that is necessary for full
and proper discussion, undertaking, and negotiation of collective bargaining subjects. Any
requests for information from the Union should be immediately forwarded to the Labor
Relations Officer within the ERB for review and response.
- Taxing Authority Information Requests. Information
may be made available from an employee's personnel records to the Internal Revenue Service
to enable them to offset past due, legally enforceable debts owed to the U.S. Government
against Federal income tax refunds.
- Information Requested in Connection With an Official
Inquiry. Information may be made available from an employee's personnel record
when requested by a duly authorized Federal investigator (e.g., USDA's Office of the
Inspector General, General Accounting Office, Federal Bureau of Investigation, etc.).
Certain information may not be released but must be referred to the servicing HRD
Fileroom as previously identified in Section 5. Examples of such information include but
are not limited to the following:
- Information requested is not available locally.
- The costs of labor involved in the preparation of the information would require an
unwarranted expenditure of funds or undue interruption of normal work.
- The release of the information requested may potentially prove detrimental to the
interests of the employee, the public, the Agency, or USDA.
- The Official Personnel File is requested.
Other information that must be referred includes but is not limited to:
- Personnel records of any kind that are subpoenaed by court order should be referred to
the REE Ethics Office.
- Information requests from the background investigation should be referred to the ERB.
- Information requests regarding adverse or disciplinary action taken by the Agency
against an employee should be referred to the ERB.
- Requests related to claims filed under the Federal Employee's Compensation Act (FECA),
should be directed to the Office of Worker's Compensation, Department of Labor.
The Privacy Act requires that if information is disclosed from a Privacy Act system of
records, such as an employee's personnel files, then the date, nature, and purpose of each
disclosure of a record to any person or to another agency must be recorded along with the
name and address of the person or agency to whom the disclosure was made. The only
exception is if the disclosure is made to those officers and employees of an agency that
maintains the records who have a need for the record in the performance of their duties,
or if a disclosure is required under the FOIA. The accounting is required to be maintained
in the employee's personnel file for 5 years or the life of the record, whichever is
longer. When disclosure is made, the accounting may be made available to the employee at
their request under the Privacy Act except in those cases where the disclosure resulted
from a law enforcement activity. The agency that maintains the record is required to
inform any person or agency that requested the record about any correction or notation of
dispute made by the agency in accordance with the Privacy Act.
Human Resources Division is responsible for:
- Responding to requests for information referred by the Agency/Division/Staff/Area
Offices which seek information not locally available or which otherwise falls under
Section 5 above.
- Providing assistance as needed, and monitoring compliance with Research, Education, and
Economics (REE) policy.
- Maintaining a record of disclosures of information from employee personnel files in
accordance with Section 7 above.
NOTE: For employees within REE, contact the appropriate HRD Fileroom as follows:
ARS: USDA-ARS-AFM-HRD-RPB, 5601 Sunnyside Avenue, Room 3-1119,
Beltsville, MD 20705-5103. Phone #: 301-504-1362 or 301-504-1478; or
CSREES, ERS and NASS: USDA-ARS-AFM-HRD-MSB, 1400 Independence Avenue,
SW, Stop Code 0308, Washington, DC 20250-0308. CSREES and ERS: 202-690-0914. NASS:
202-690-0915.
Area Administrative Officers, Location Administrative
Officers and Agency designated parties are responsible for:
- Responding to requests for information which are locally available and that fall under
the categories outlined in Section 5 above.
- Forwarding requests for information which are not locally available to the servicing
personnel management specialists in the HRD.
- Notifying appropriate HRD servicing operations branch of requests for personnel related
information made under the FOIA/PA, and forwarding such requests directly to the FOIA/PA
Coordinator.
ERB. Employee Relations Branch, Human Resources Division
FOIA. Freedom of Information Act
HRD. Human Resources Division, AFM, ARS
IS. Information Staff
MSB. Metropolitan Services Branch, Human Resources Division
OPF. Official Personnel File
OPM. Office of Personnel Management
PA. Privacy Act
RPB. REE Policy Branch, Human Resources Division
-/Sd/-
W. G. HORNER
Deputy Administrator
Administrative and Financial Management