[Federal Register Volume 61, Number 128 (Tuesday, July 2, 1996)]
[Notices]
[Pages 34448-34449]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-16865]
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MERIT SYSTEMS PROTECTION BOARD
Privacy Act of 1974; Proposed New System of Records
AGENCY: Merit Systems Protection Board.
ACTION: Privacy Act of 1974; Notice of New System of Records.
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SUMMARY: As required by The Privacy Act of 1974, 5 U.S.C. 552a, the
Merit Systems Protection Board (Board) is publishing a notice proposing
establishment of a new system of records. This new records system is
the Office of Appeals Counsel Decision Data Base. The system is
intended to provide research materials to Board employees involved in
the adjudication of petitions for review and other matters under the
Board's original and appellate jurisdictions. Information contained in
these records will be used in drafting various legal documents in the
adjudication process.
DATES: Comments must be received on or before August 1, 1996. This
system of records becomes effective as proposed, without further
notice, on September 3, 1996, unless comments are received which would
result in a contrary determination. Comments may be mailed to the Merit
Systems Protection Board, Office of the Clerk of the Board, 1120
Vermont Avenue, NW., Washington, DC. 20419, or faxed to the same
address on 202-653-7130. Electronic mail comments may be sent via the
Internet to mspb@mspb.gov.
FOR FURTHER INFORMATION CONTACT:
Michael H. Hoxie, Office of the Clerk of the Board, 202-653-7200.
Dated: June 27, 1996.
Robert E. Taylor,
Clerk of the Board.
MSPB/INTERNAL-4
System name:
Office of Appeals Counsel Decision Data Base
System location:
Office of Appeals Counsel, Merit Systems Protection Board (MSPB),
1120 Vermont Avenue, NW., Washington, DC 20419.
Categories of individuals covered by the system:
a. Current and former Federal employees, applicants for employment,
annuitants, and other individuals who have filed petitions or requests
for review with MSPB or its predecessor agency, or have been a party in
an original jurisdiction case.
[[Page 34449]]
Categories of records in the system:
a. These records contain advisory memoranda prepared by the Office
of Appeals Counsel for the Board, or individual members of the Board,
and instructions from members of the Board regarding the preparation of
decisions for Board issuance. These records also contain individual
appellant's names, and may contain social security numbers, home
addresses, veterans status, race, sex, national origin and disability
status data.
Authority for maintenance of the system:
5 U.S.C. 1205, 1206, 1207, 1208, 7701 and 7702.
Purpose:
These records are used for internal legal research by Board
employees involved in adjudicating petitions for review and other
matters arising under the Board's original and appellate jurisdictions.
Routine uses of records maintained in the system, including categories
of users and the purpose of such uses:
Information from the record may be disclosed:
a. to the Government Accounting Office in response to an official
inquiry or investigation;
b. to the Department of Justice for use in litigation when:
(1) The Board, or any component thereof; or
(2) Any employee of the Board in the employee's official capacity;
or
(3) Any employee of the Board in the employee's individual capacity
where the Department of Justice has agreed to represent the employee;
or
(4) The United States, where the agency determines that litigation
is likely to affect the agency or any of its components, is a party to
litigation or has an interest in such litigation, and the use of such
records by the Department of Justice is deemed by the agency to be
relevant and necessary to the litigation, provided, however, that in
each case, the agency determines that disclosure of the records to the
Department of Justice is a use of the information contained in the
records that is compatible with the purpose for which the records were
collected, or approval or consultation is required.
c. In any proceeding before a court or adjudicative body before
which the Board is authorized to appear, when:
(1) The Board, or any component thereof; or
(2) Any employee of the Board in the employee's official capacity;
or
(3) Any employee of the Board in the employee's individual capacity
where the agency has agreed to represent the employee; or
(4) The United States, where they agency determines that litigation
is likely to affect the agency or any of its components, is a party to
litigation or has an interest in such litigation, and the agency
determines that use of such records is relevant and necessary to the
litigation, provided, however, that in each case the agency determines
that the disclosure of the records to the Department of Justice is a
use of the information contained in the records that is compatible with
the purpose for which the records were collected, or approval or
consultation is required.
d. To the National Archives and Records Administration in records
management inspections conducted under authority of 44 U.S.C. 2904 and
2906; and
e. In response to a request for discovery or for appearance of a
witness, if the requested information is relevant to the subject matter
involved in a pending judicial or administrative proceeding.
Policies and practices for storing, retrieving, accessing, retaining
and disposing of records in the system:
Storage:
These records are maintained in electronic form on a file server
connected to a local area network serving the Office of Appeals
Counsel.
Retrievability:
These records are retrieved by the names of the individuals on whom
they are maintained, and by MSPB docket numbers.
Safeguards:
Access to these records is limited to persons whose official duties
require such access. Automated records are protected from unauthorized
access through password identification procedures and other system-
based protection methods.
Retention and disposal:
Electronic records in this system may be maintained indefinitely,
or until the Board no longer needs them.
System manager and address:
The Office of Appeals Counsel, 1120 Vermont Avenue, NW.,
Washington, DC. 20419.
Notification procedures:
Individuals wishing to inquire whether this system of records
contains information about them should contact the Clerk of the Board
and must follow the MSPB Privacy Act regulations at 5 CFR 1205.11
regarding such inquires.
Record access procedures:
Individuals requesting access to their records should contact the
Clerk of the Board. Such requests should be addressed to the Clerk of
the Board, Merit Systems Protection Board, 1120 Vermont Avenue, NW.,
Washington, DC 20419. Requests for access to records must follow the
MSPB Privacy Act regulations at 5 CFR 1205.11.
Contesting record procedures:
Individuals requesting amendment of records should write the Clerk
of the Board. Requests must follow the MSPB Privacy act regulations at
5 CFR 1205.21.
These provisions for amendment of the record are not intended to
permit the alteration of evidence presented in the course of
adjudication before the MSPB either before or after the MSPB has
rendered a decision on the appeal.
Record source categories:
The sources of these records are:
a. The individual to whom the record pertains;
b. The agency employing the above individual;
c. The Merit Systems Protection Board, the Office of Personnel
Management, the Equal Employment Opportunity Commission, the Office of
the Special Counsel; and
d. Other individuals or organizations from whom the MSPB has
received testimony, affidavits or other documents.
[FR Doc. 96-16865 Filed 7-1-96; 8:45 am]
BILLING CODE 7400-01-M
