<?xml version="1.0" encoding="UTF-8"?>
<pai>
<agency toc="yes">
<name>U.S. Office of Special Counsel</name>
<abbrev>
OSC
</abbrev>

<previouslyPublished>
<url> http://www.gpo.gov/fdsys/pkg/FR-2012-04-23/pdf/2012-9605.pdf</url>
<title> OSC/GOVT-1, OSC Complaint, Litigation, Political Activity, and Disclosure Files </title>
<date year="2012" month="4" day="23"/>
</previouslyPublished>
<section id="govt1" toc="yes">
<systemNumber>/GOVT-1</systemNumber>
<subsection type="systemName">OSC Complaint, Litigation, Political Activity, and Disclosure Files.
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>Program offices and the Document Control Branch, U.S. Office of Special Counsel (OSC), 1730 M Street NW., Suite 218, Washington, DC 20036-4505, and records which may be located at other agencies.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>The principal categories of individuals covered by the system are persons filing allegations of prohibited personnel practices or other prohibited activities; persons identified as engaging or participating in improper political activity; persons filing disclosures of alleged wrongdoing by federal agencies; persons requesting advisory opinions on political activity, or third party subjects of such advisory opinions; persons charged by OSC in disciplinary action complaints filed by OSC with the Merit Systems Protection Board (MSPB); persons on whose behalf OSC seeks corrective action before the MSPB; persons filing allegations of wrongdoing in Uniformed Services Employment and Reemployment Rights Act (USERRA) matters referred or transferred to OSC; plaintiffs seeking remedies or discovery against OSC in litigation or administrative claims; and persons filing requests for information or administrative appeals under the Freedom of Information Act (FOIA) or the Privacy Act.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>The principal types of records in the system are complaints alleging prohibited personnel practices, improper political activity, or other violations of law or regulation; disclosures of information about alleged wrongdoing by federal agencies; written requests that result in formal advisory opinions on political activity; allegations of USERRA violations; litigation documents served on or filed by OSC in litigation; correspondence with persons (or their representatives) filing such complaints, disclosures, requests, or litigation; communications with other agencies, entities, or individuals referring matters to OSC for review or investigation; exhibits and other documentation received from filers and requesters, governmental entities or third parties; interview records, including notes, summaries, or transcripts; affidavits; reports or other summaries of investigation; factual and legal summaries or analyses; administrative determinations; referrals to other governmental entities for appropriate action; records created or compiled in connection with litigation by or against OSC, or pertinent to OSC operations; records relating to attempts to resolve matters as part of OSC?s Alternative Dispute Resolution (ADR) Program; records of or related to OSC?s FOIA and Privacy Act Program, including but not limited to, requests, appeals, and decisions; information about complaints, disclosures, requests and litigation maintained in OSC?s electronic case tracking system; and other correspondence and documents created or obtained in the performance of OSC functions under 5 U.S.C. 1211-1221, 1501-1508, and 7321-7326; 5 U.S.C. 552 and 552a; 38 U.S.C. 4324, and other applicable law, regulation, or OSC memoranda of understanding.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>5 U.S.C. 552, 552a, 571-584, 1211-1221, 1501-1508, and 7321-7326; 38 U.S.C. 4324, Sec. 204 of the Veterans Benefits Improvement Act of 2004, Public Law 108-454 and Sec. 105 of the Veterans? Benefits Act of 2010, Public Law 111-175, both codified at 38 U.S.C. 4301 note.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>Records are maintained to: (1) Document how each matter at OSC was handled; (2) provide a resource for consistency in interpretation and application of the law; and (3) allow for statistical reports and analysis of matters processed at OSC.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>The following routine uses permit OSC to:
</p><p>a. Disclose the fact that an allegation of prohibited personnel practices or other prohibited activity has been filed;
</p><p>b. Disclose information to the Office of Personnel Management (OPM) pursuant to Civil Service Rule 5.4 (5 CFR 5.4), or obtain an advisory opinion concerning the application or effect of civil service laws, rules, regulations, or OPM guidelines in particular situations;
</p><p>c. Disclose to the Equal Employment Opportunity Commission or any other agency or office concerned with the enforcement of the anti-discrimination laws, information concerning any allegation or complaint of discrimination based on race, color, religion, sex, national origin, age, or handicapping condition;
</p><p>d. Disclose information to the MSPB or the President upon the filing or referral of a disciplinary action complaint against an employee on the basis of an OSC investigation;
</p><p>e. Disclose information to an agency, the MSPB, OPM, or the President, under 5 U.S.C. 1214, the results of investigations which disclose reasonable grounds to believe a prohibited personnel practice has occurred, exists, or is to be taken;
</p><p>f. Disclose information to Congress in connection with the submission of an annual report on activities of the Special Counsel;
</p><p>g. Disclose information:
</p><p>1. To any agency or person, regarding allegations of prohibited personnel practices or other prohibited activity, or prohibited political activity filed against an agency or any employee thereof, for the purpose of conducting an investigation; resolving an allegation before OSC by settlement or otherwise; or giving notice of the status or outcome of an investigation;
</p><p>2. To an agency, Office of Inspector General, complainant (whistleblower), the President, Congressional Committees, or the National Security Advisor regarding violations of law, rule, or regulation, or other disclosures under 5 U.S.C. 1213 for the purposes of transmitting information or reports as required under that statute; or in giving notice of the status or outcome of a review;
</p><p>h. Disclose information to any source from which additional information is requested (to the extent necessary to identify the individual, inform the source of the purpose(s) of the request, and to identify the type of information requested), where necessary to obtain information relevant to an agency decision concerning: the hiring or retention of an employee; the issuance of a security clearance; the classification of a job; the conducting of a security or suitability investigation of an individual; the letting of a contract; or the issuance of a license, grant, or other benefit;
</p><p>i. Disclose information to the Office of Management and Budget (OMB) at any stage in the legislative coordination and clearance process in connection with private relief legislation, as set forth in OMB Circular No. A-19;
</p><p>j. Provide information to a congressional office from the record of an individual in response to an inquiry from that congressional office (made at the written request of that individual);
</p><p>k. Furnish information to the National Archives and Records Administration (NARA) in records management inspections conducted under authority of 44 U.S.C. 2904 and 2906, or other functions authorized by laws, regulations, and policies governing NARA operations and OSC records management responsibilities;
</p><p>l. Produce summary descriptive statistics and analytical studies in support of the function for which the records are collected and maintained or for related workforce studies;
</p><p>m. Disclose records to the Department of Justice (DOJ) when:
</p><p>1. Any of the following entities or individuals is a party to litigation or has an interest in litigation:
</p><p>A. The OSC;
</p><p>B. Any employee of the OSC in his or her official capacity;
</p><p>C. Any employee of the OSC in his or her individual capacity whom DOJ has been asked or agreed to represent; or
</p><p>D. The United States, where the OSC determines that the OSC will be affected by the litigation; and
</p><p>2. When the OSC determines that use of the records by the DOJ is relevant and necessary to the litigation and that the disclosure to DOJ of the information contained in the records is a use compatible with the purpose for which the records were collected;
</p><p>n. Disclose records in a proceeding before a court or adjudicative body, before which the OSC is authorized to appear, when:
</p><p>1. Any of the following entities or individuals is a party to, or has an interest in the proceedings:
</p><p>A. The OSC;
</p><p>B. Any employee of the OSC in his or her official capacity;
</p><p>C. Any employee of the OSC in his or her individual capacity whom OSC has agreed to represent; or
</p><p>D. The United States, where the OSC determines that the OSC will be affected by the proceedings; and
 
</p><p>2. When the OSC determines that use of the records is relevant and necessary to the proceedings and that the disclosure in such proceedings is a use of the information contained in the records that is compatible with the purpose for which the records were collected;
</p><p>o. Disclose information to the MSPB to aid in the conduct of special studies by the Board under 5 U.S.C. 1204(a)(3);
</p><p>p. Disclose information to an Office of Inspector General (OIG) or comparable internal inspection, audit, or oversight office of an agency for the purpose of facilitating the coordination and conduct of investigations and review of allegations within the purview of both the OSC and the agency OIG or comparable office; or in notifying an OIG (or comparable office) of the disposition of matters referred by the OIG (or comparable office) to the OSC;
</p><p>q. Disclose information to the news media and the public when (1) The matter under investigation has become public knowledge, (2) the Special Counsel determines that disclosure is necessary to preserve confidence in the integrity of the OSC investigative process or is necessary to demonstrate the accountability of OSC officers, employees, or individuals covered by this system, or (3) the Special Counsel determines that there exists a legitimate public interest (e.g., to demonstrate that the law is being enforced, or to deter the commission of prohibited personnel practices, prohibited political activity, and other prohibited activity within the OSC?s jurisdiction), except to the extent that the Special Counsel determines in any of these situations that disclosure of specific information in the context of a particular case would constitute an unwarranted invasion of personal privacy;
</p><p>r. Disclose information to the U.S. Department of Labor (DOL) about OSC?s referral of a complaint alleging a violation of veterans preference requirements to DOL for further action under the Veterans? Employment Opportunities Act of 1998; disclose information to DOL or any agency or person as needed to develop relevant information about matters referred by DOL to OSC under 38 U.S.C. 4324 (USERRA); disclose information to DOL or any agency or person as needed to advise on the status or disposition of matters referred by DOL to OSC for disciplinary action under 5 U.S.C. 1215, or possible litigation under 38 U.S.C. 4324; or disclose information to DOL or any agency or person as needed to develop relevant information about, or to advise on the status or disposition of, matters investigated under a USERRA demonstration project at OSC (Sec. 204, Pub. L. 108-454; Sec. 105 Pub. L. 111-275); or disclose information to the U.S. Department of Defense, Employer Support of the Guard and Reserve (ESGR), for the purpose of having ESGR mediate USERRA complaints received by or referred to OSC;
</p><p>s. To disclose records, when OSC has agreed to represent a USERRA complainant under 38 U.S.C. 4324(a)(2)(A), from the corresponding USERRA investigative file to the relevant USERRA litigation file, and from the relevant USERRA litigation file to the USERRA complainant;
</p><p>t. Disclose information to agency contractors, experts, consultants, detailees, or non-OSC employees performing or working on a contract, service, or other activity related to the system of records, when necessary to accomplish an agency function related to the system;
</p><p>u. Make lists and reports available to the public pursuant to 5 U.S.C. 1219;
</p><p>v. Disclose information to appropriate agencies, entities, and persons when: (1) OSC suspects or has confirmed that the security or confidentiality of information in the system of records has been compromised; (2) OSC has determined that as a result of the suspected or confirmed compromise there is a risk of harm to economic or property interests, identity theft or fraud, or harm to the security or integrity of this system or other systems or programs (whether maintained by OSC or another agency or entity) that rely upon the compromised information; and (3) the disclosure made to such agencies, entities, and persons is reasonably necessary to assist in connection with OSC?s efforts to respond to the suspected or confirmed compromise and prevent, minimize, or remedy such harm;
</p><p>w. Disclose information to appropriate federal entities with subject matter expertise to the extent necessary to obtain advice on any authorities, programs, or functions associated with records in this system;
</p><p>x. Disclose pertinent information to the appropriate federal, state, or local agency responsible for investigating, prosecuting, enforcing, or implementing a statute, rule, regulation, or order where OSC becomes aware of a violation or potential violation of civil or criminal law or regulation; and to OPM and the OMB pursuant to 5 U.S.C. 1214;
</p><p>y. Disclose information to the Integrity Committee established under section 11(d) of the Inspector General Act of 1978, when needed because of receipt, review or referral to the Integrity Committee under section 7(b) of Public Law 110-409; or as needed for a matter referred to OSC by the Integrity Committee;
</p><p>z. Disclose information to the DOJ and/or the Federal Bureau of Investigation for inclusion in the National Instant Criminal Background Check System (NICS), pursuant to the reporting requirements of the Brady Handgun Violence Prevention Act, as amended by the NICS Improvement Amendments Act of 2007; and
</p><p>aa. Disclose information when consulting with, or referring a record to, another Federal entity for the purpose of making a decision on a request for information under the FOIA or the Privacy Act; or to the Office of Government Information Services established at NARA by the Open Government Act of 2007, which amended the FOIA, for the purpose of conducting mediation and otherwise resolving disputes under FOIA.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>These records are stored in a variety of media, primarily consisting of file folders, and computer storage equipment.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Files in this system of records are retrievable by the names of key individuals or agencies involved (e.g., complainants or requesters; persons on whose behalf OSC seeks corrective action; subjects identified in disciplinary proceedings, warning letters, or other determinations; legal, congressional, or other representatives or points of contact; or key witnesses), although files are generally retrieved by the name of: (a) The complainant alleging a prohibited personnel practice, or other prohibited activity; (b) the alleged subject of a complaint about prohibited political activity; (c) the person filing an allegation through the OSC whistleblower disclosure channel; (d) the name of the person filing a request for an advisory opinion on political activity, or the third party subject of such advisory opinions; (e) the name of the person on whose behalf OSC seeks corrective action, or the person against whom OSC seeks disciplinary action, in litigation before the MSPB; (f) the plaintiff in litigation or administrative claims against OSC; persons requesting discovery from OSC; and FOIA and Privacy Act requesters and appellants.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>These records are located in lockable file cabinets or in secured areas. The required use of computer password protection identification features and other system protection methods also restrict access. Access is limited to those agency personnel who have an official need for access to perform their duties.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Case file records related to allegations of prohibited personnel practices and other prohibited activities, including allegations of improper political activity, violations of USERRA, and other matters under OSC?s jurisdiction, including program litigation records and records of the ADR Unit and the Disclosure Unit, that are of extraordinary importance to the nation or OSC, are permanent records when approved by the Special Counsel. Case file records of the Disclosure Unit that result in either a referral to an agency head pursuant to 5 U.S.C. 1213, or an informal referral to an agency?s Inspector General, are retained for 10 years after the date of closure. Other case file records related to such prohibited activities, including program litigation, and the Disclosure Unit are retained for 6 years after the date of closure. Case file records of Formal Advisory Opinions of the Hatch Act Unit are retained for 6 years after the date of closure. Litigation case file records relating to the legal defense of OSC and its interests in matters and claims filed against the agency in courts, administrative tribunals, or other forums, including formal and informal discovery requests, and other claims or similar proceedings that are of extraordinary importance to the nation or OSC are permanent records when approved by the Special Counsel. All other such defensive litigation and claim case file records are retained for 7 years after the date of closure. Additionally, final signed settlement agreements are retained for 20 years after the date of closure. Personally identifiable information in OSC?s electronic case tracking system is retained until deleted from the database 25 years after the corresponding case file is destroyed. Case file records related to OSC?s FOIA and Privacy Act Program are retained in accordance with NARA?s General Records Schedule 14 for Information Services Records. Disposal of records is accomplished by shredding or by NARA-approved processes. Electronic information is disposed of by deletion. OSC is revising its record retention schedule in consultation with NARA. Pending NARA approval of the revised records schedule, records are maintained for the current or proposed retention, whichever is longer.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>The official responsible for records management functions associated with OSC program and administrative files, including those in the OSC/GOVT-1 system of records, is the Records Management Officer, Document Control Branch, U.S. Office of Special Counsel, 1730 M Street NW., Suite 218, Washington, DC 20036-4505.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Individuals who wish to inquire whether this system contains information about them should contact the Privacy Act Officer, U.S. Office of Special Counsel: (1) By mail at 1730 M Street NW., Suite 218, Washington, DC 20036-4505; (2) by telephone at 202-254-3600; or (3) by fax: at 202-653-5161. To assist in the process of locating and identifying records, individuals should furnish the following: Name and home address; business title and address; any other known identifying information such as an agency file number or identification number; a description of the circumstances under which the records were compiled; and any other information deemed necessary by OSC to properly process the request.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>Same as notification procedure, above. Requesters should also reasonably specify the record contents being sought. Rules about access are in 5 CFR part 1830.
 
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Individuals who wish to contest records about them should contact OSC?s Privacy Act Officer, identify any information they believe should be corrected, and furnish a statement of the basis for the requested correction along with all available supporting documents and materials. See OSC Privacy Act regulations at 5 CFR part 1830.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Information in this system of records is obtained from a variety of sources, consisting of complainants or others on whose behalf allegations, disclosures of information, or requests for information, have been submitted or referred to OSC; legal, congressional, or other representatives or points of contact; other government bodies; witnesses and subjects in matters under review; principals involved in litigation matters, including parties and their representatives; and other persons or entities furnishing information pertinent to the discharge of functions for which OSC is responsible.
</p></xhtmlContent></subsection>
<subsection type="exemptionsClaimed"><xhtmlContent><p>OSC will claim exemptions from the provisions of the Privacy Act at subsections (c)(3) and (d) as permitted by subsection (k) for records subject to the Act that fall within the category of investigatory material described in paragraphs (2) and (5), and testing or examination material described in paragraph (6) of that subsection. The exemptions for investigatory material are necessary to prevent frustration of inquiries into allegations of prohibited personnel practices, unlawful political activity, whistleblower disclosures, USERRA violations, and other matters under OSC?s jurisdiction, and to protect identities of confidential sources of information, including in background investigations of OSC employees, contractors, and other individuals conducted by or for OSC. The exemption for testing or examination material is necessary to prevent the disclosure of information which would potentially give an individual an unfair competitive advantage or diminish the utility of established examination procedures. OSC also reserves the right to assert exemptions for records received from another agency that could be properly claimed by that agency in responding to a request. OSC may also refuse access to any information compiled in reasonable anticipation of a civil action or proceeding.
</p></xhtmlContent></subsection></section>
<section id="osc2" toc="yes">
<systemNumber>-2</systemNumber>
<subsection type="systemName">Personnel Security Records
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>Security Office, U.S. Office of Special Counsel, 1730 M. Street, NW., Suite 218, Washington, DC 20036-4505.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Individuals who require regular, ongoing access to federal facilities, information technology systems, or information classified in the interest of national security, including applicants for employment or contracts, federal employees, temporary hires, contractors, students, interns (both paid and unpaid), volunteers, affiliates, individuals authorized to perform services provided in OSC facilities (e.g., building security, office cleaning, building contractors, etc.), and individuals formerly in any of these positions. The system also includes individuals accused of security violations or found in violation.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>Name, former names, birth date, birth place, Social Security number, home address, phone numbers, employment history, residential history, education and degrees earned, names of associates and references and their contact information, citizenship, names of relatives, birthdates and places of relatives, citizenship of relatives, names of relatives who work for the federal government, criminal history, mental health history, drug use, financial information, fingerprints, summary report of investigation, results of suitability decisions, level of security clearance, date of issuance of security clearance, requests for appeal, witness statements, investigator?s notes, tax return information, credit reports, security violations, circumstances of violation, and agency action taken; Standard Forms SF-85, SF-85P, SF-86, SF-86C, SF-87, FD-258.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>Depending upon the purpose of the investigation, the U.S. government is authorized to ask for this information under Executive orders 10450, 10865, 12333, and 12356; 5 U.S.C. 3301 and 9101; 42 U.S.C. 2165 and 2201; 50 U.S.C. 781-887; 5 C.F.R. parts 5, 732, and 736; and HSPD 12.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>The records in this system of records are used to document and support decisions about clearance for access to classified information, the suitability, eligibility, and fitness for service of applicants for federal employment and contract positions, including students, interns, volunteers and other individuals to the extent their duties require access to federal facilities, information, systems, or applications. The records may be used to document security violations and supervisory actions taken.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>When determined by OSC that disclosure of a record is a use of information in the record compatible with the purpose for which the record was collected -
</p><p>a. To the Department of Justice (DOJ) when:
</p><p>(1) The OSC, or
</p><p>(2) Any employee of the OSC in his or her official capacity, or
</p><p>(3) Any employee of the OSC in his or her individual capacity when the DOJ has been asked, or has agreed, to represent the employee, or
</p><p>(4) The United States, when the OSC determines that litigation is likely to affect the agency, is a party to litigation, or has an interest in such litigation, and the use of such records by the DOJ is deemed by the OSC to be relevant and necessary to the litigation.
</p><p>b. To a court or adjudicative body in a proceeding, when:
</p><p>(1) The OSC, or
</p><p>(2) Any employee of the OSC in his or her official capacity,
</p><p>(3) Any employee of the OSC in his or her individual capacity when the OSC has agreed to represent the employee, or
</p><p>(4) The United States, when the OSC determines that litigation is likely to affect the OSC, is a party to litigation or has an interest in such litigation, and the use of such records by the DOJ is deemed by the OSC to be relevant and necessary to the litigation.
</p><p>c. Except as noted on Standard Forms SF 85, 85-P, 86, and 86-C, when a record, alone or in conjunction with other records, indicates a violation or potential violation of law, whether civil, criminal, or regulatory in nature, and whether arising by general statute or particular program statute, or by regulation, rule, or order issued pursuant to such a statute, to the appropriate public authority, whether federal, state, local, foreign, tribal, or otherwise, responsible for enforcing, investigating or prosecuting such violation or charged with enforcing or implementing the statute, or rule, regulation, or order issued pursuant to the statute, if the information disclosed is relevant to any enforcement, regulatory, investigative or prosecutorial responsibility of the receiving entity.
</p><p>d. To a congressional office in response to an inquiry from that office made at the written request of the constituent about whom the record is maintained.
</p><p>e. To the National Archives and Records Administration (NARA) for records management functions authorized by laws, regulations, and policies governing NARA operations and agency records management responsibilities.
</p><p>f. To agency contractors, experts, consultants, detailees, or non-OSC employees performing or working on a contract, service, or other activity related to the system of records, subject to the requirements of the Privacy Act, when necessary to accomplish an agency function related to the system of records.
</p><p>g. To any source or potential source from which information is requested in the course of an investigation concerning the retention of an employee or other personnel action (other than hiring), or the retention of a security clearance, contract, grant, license, or other benefit, to the extent necessary to identify the individual, inform the source of the nature and purpose of the investigation, and to identify the type of information requested.
</p><p>h. To a federal, state, local, foreign, or tribal or other public authority the fact that this system of records contains information relevant to the retention of an employee, the retention of a security clearance, the letting of a contract, or the issuance or retention of a license, grant, or other benefit. The other agency or licensing organization may then make a request supported by the written consent of the individual for the entire record if it so chooses. No disclosure will be made unless the information has been determined to be sufficiently reliable to support a referral to another office within the agency or to another federal agency for criminal, civil, administrative personnel or regulatory action.
</p><p>i. To the news media or the general public, factual information the disclosure of which would be in the public interest and which would not constitute an unwarranted invasion of personal privacy, consistent with Freedom of Information Act standards.
</p><p>j. To a federal, state, or local agency, or other appropriate entities or individuals, or through established liaison channels to selected foreign governments, in order to enable an intelligence agency to carry out its responsibilities under the National Security Act of 1947 as amended, the CIA Act of 1949 as amended, Executive Order 12333 or any successor order, applicable national security directives, or classified implementing procedures approved by the Attorney General and promulgated pursuant to such statutes, orders or directives.
</p><p>k. To the Office of Management and Budget (OMB) when necessary to the review of private relief legislation pursuant to OMB Circular No. A-19.
</p><p>l. To appropriate agencies, entities, and persons when: (1) The OSC suspects or has confirmed that the security or confidentiality of information in the system of records has been compromised; (2) the OSC has determined that as a result of the suspected or confirmed compromise there is a risk of harm to economic or property interests, identity theft or fraud, or harm to the security or integrity of this system or other systems or programs (whether maintained by the OSC or another agency or entity) that rely upon the compromised information; and (3) the disclosure made to such agencies, entities, and persons is reasonably necessary to assist in connection with OSC efforts to respond to the suspected or confirmed compromise and prevent, minimize, or remedy such harm.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Records are stored on paper in a secure location on government premises.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Background investigation files are retrieved by name.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Records are kept in a locked metal file cabinet in a lockable room at the OSC office responsible for suitability determinations. Access to the records is limited to those employees who have a need for them in the performance of their official duties.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Records in the system are retained and disposed of in accordance with General Records Schedule 18, item 22a, issued by NARA. The records are disposed of in accordance with OSC?s disposal policies which call for shredding. Records are destroyed upon notification of death or not later than six months after separation or transfer of employee to another agency or department, whichever is applicable.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Security Officer, U.S. Office of Special Counsel, 1730 M. Street, NW., Suite 218, Washington, DC 20036-4505.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Individuals who wish to inquire whether this system contains information about them should contact the Privacy Act Officer, U.S. Office of Special Counsel: (1) by mail at: 1730 M. Street, NW., Suite 218, Washington, DC 20036-4505; (2) by telephone at: 202-254-3600; or (3) by fax at: 202-653-5161. To assist in the process of locating and identifying records, individuals should furnish the following:
</p><p>a. Name and home address;
</p><p>b. Business title and address;
</p><p>c. A description of the circumstances under which records may have been included in the system; and
</p><p>d. Any other information deemed necessary by OSC to properly process the request.
</p></xhtmlContent></subsection>
	<subsection type="recordAccessProcedures"><xhtmlContent><p>Same as notification procedures. Requesters should also reasonably specify the record contents being sought. Rules about access to Privacy Act records appear in 5 C.F.R. part 1830.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Individuals who wish to contest records about themselves should contact the OSC Privacy Act Officer, identify any information they believe should be corrected, and furnish a statement of the basis for the requested correction along with all available supporting documents and materials. See OSC Privacy Act regulations at 5 C.F.R. part 1830.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Information is obtained from a variety of sources including the employee, contractor, or applicant through use of the SF-85, SF-85P, SF-86, or SF-86C and personal interviews; employers? and former employers? records; FBI criminal history records and other databases; financial institutions and credit reports; medical records and health care providers; educational institutions; interviews of witnesses such as neighbors, friends, co-workers, business associates, teachers, landlords, or family members; tax records; and other public records. Security violation information is obtained from a variety of sources, such as guard reports, security inspections, witnesses, supervisor?s reports, audit reports.
</p></xhtmlContent></subsection>
<subsection type="exemptionsClaimed"><xhtmlContent><p>Upon publication of a final rule in the <i>Federal Register</i>, this system of records will be exempt in accordance with 5 U.S.C. 552a(k)(5). Information will be withheld to the extent it identifies witnesses promised confidentiality as a condition of providing information during the background investigation.
</p></xhtmlContent></subsection></section>
<section id="osc3" toc="yes">
<systemNumber>-3</systemNumber>
<subsection type="systemName">Pay Management Records
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>Human Resources Branch, U.S. Office of Special Counsel, 1730 M. Street, NW., Suite 218, Washington, DC 20036-4505, and in the offices of other federal agencies or entities retained by OSC to provide administrative processing services, including associated budget, accounting, audit, and other oversight functions.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Current and former OSC employees, including consultants.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>This system contains financial information relating to pay, cash awards and leave awards, incentive payments, deductions and payments to other accounts, leave, and time and attendance. This includes, but is not limited to, information such as name, date of birth, social security number, home address, grade, employing organization, salary, pay plan, number of hours worked, leave accrual rate, usage, and balances; Civil Service Retirement System and Federal Employees Retirement System contributions, including Thrift Savings Plan data; Federal Insurance Contributions Act (FICA) withholdings; federal, state, and local tax withholdings; Federal Employee Group Life Insurance (FEGLI) withholdings; Federal Employee Health Benefits (FEHB) withholdings; charitable deductions; allotments to financial organizations; garnishment data; savings bond allotments; deductions for Internal Revenue Service (IRS) levies; court-ordered child support levies; federal salary offset deductions; injury compensation; unemployment compensation; leave transfer program data; direct deposit accounts; time and attendance reports; and leave requests and approvals.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>5 U.S.C. 1212, and chapters 55 and 63; 31 U.S.C. 1501(a); and the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA) (Pub. L. 104-193).
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent>
<p>To administer agency pay and leave functions and obligations.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>When determined by OSC, or by other agencies or entities retained by OSC to provide administrative processing services, that disclosure of a record is a use of information in the record compatible with the purpose for which the record was collected -
</p><p>a. To authorized employees of other agencies retained by the OSC to provide administrative processing services, including associated budget, accounting, audit, and other oversight functions.
</p><p>b. To the Department of the Treasury in connection with issuance of funds electronically and by check, and U.S. Savings Bonds.
</p><p>c. To the Department of Labor (DOL) in connection with a claim by an employee for compensation based on job-connected injury or illness.
</p><p>d. To state and District of Columbia offices of unemployment compensation in connection with a claim by a former employee for unemployment compensation.
</p><p>e. To federal, state, and local tax authorities and the Social Security Administration (SSA) in connection with income tax withholding, FICA tax withholding and other employment tax withholding and benefits.
</p><p>f. To the Office of Personnel Management (OPM) in connection with payroll deductions for federal employee retirement systems, or otherwise as needed in the performance of its duties.
</p><p>g. To FEGLI and FEHB plan providers in connection with survivor annuity or health benefits enrollment, claims, or records reconciliation.
</p><p>h. To the Combined Federal Campaign in connection with authorized payroll deductions for charitable contributions.
</p><p>i. To banking institutions in enabling individual receipt of payments by direct deposit and electronic funds transfer.
</p><p>j. To any source from which OSC requests information relevant to an OSC determination about an individual?s pay, deductions, reimbursement, leave, or related transaction, to the extent necessary to identify the individual, inform the source of the purpose of the request, and describe the type of information requested.
</p><p>k. To a congressional office in response to an inquiry from that office made at the written request of the constituent about whom the record is maintained.
</p><p>l. If the individual to whom the record pertains dies, to the executor or personal representative of the estate of the individual, the individual?s designee or designated beneficiary, or next of kin, in connection with estate administration.
</p><p>m. To the Office of Management and Budget (OMB) when necessary to the review of private relief legislation pursuant to OMB Circular No. A-19.
</p><p>n. To the Department of Justice (DOJ), OPM, DOL, IRS, or other agency with subject matter expertise to the extent necessary to obtain advice on any authorities, programs, or functions associated with records in this system.
</p><p>o. When a record, alone or in conjunction with other records, indicates a violation or potential violation of law, whether civil, criminal, or regulatory in nature, and whether arising by general statute or particular program statute, or by regulation, rule, or order issued pursuant to such a statute, disclosure may be made to the appropriate public authority, whether federal, state, local, foreign, or otherwise, responsible for enforcing, investigating or prosecuting such violation or charged with enforcing or implementing the statute, or rule, regulation, or order issued pursuant to the statute, if the information disclosed is relevant to any enforcement, regulatory, investigative or prosecutorial responsibility of the receiving entity.
</p><p>p. To agency contractors, experts, consultants, detailees, or non-OSC employees performing or working on a contract, service, or other activity related to the system of records, subject to the requirements of the Privacy Act, when necessary to accomplish an agency function related to the system of records.
</p><p>q. To a federal, state, or local agency requesting information for purposes associated with the hiring or retention of an employee, the conduct of a suitability or security investigation, the issuance of a security clearance, the classification of a job, the letting of a contract, or the issuance of a license, grant or other benefit, to the extent that the information is relevant and necessary to the requesting agency?s decision on the matter.
</p><p>r. To the National Archives and Records Administration (NARA) for records management functions authorized by laws, regulations, and policies governing NARA operations and agency records management responsibilities.
</p><p>s. To OMB for the purpose of providing reports required of OSC in carrying out OSC?s financial and other management functions.
</p><p>t. To DOJ when:
</p><p>(1) The OSC, or
</p><p>(2) Any employee of the OSC in his or her official capacity, or
</p><p>(3) Any employee of the OSC in his or her individual capacity when the DOJ has been asked, or has agreed, to represent the employee, or
</p><p>(4) The United States, when the OSC determines that litigation is likely to affect the agency, is a party to litigation, or has an interest in such litigation, and the use of such records by the DOJ is deemed by the OSC to be relevant and necessary to the litigation.
</p><p>u. To disclose records maintained by the OSC in a proceeding before a court or adjudicative body before which the OSC is authorized to appear, when:
</p><p>(1) The OSC, or
</p><p>(2) Any employee of the OSC in his or her official capacity,
</p><p>(3) Any employee of the OSC in his or her individual capacity when the OSC has agreed to represent the employee, or
</p><p>(4) The United States, when the OSC determines that litigation is likely to affect the OSC,
</p><p>v. is a party to litigation or has an interest in such litigation, and the use of such records by the DOJ is deemed by the OSC to be relevant and necessary to the litigation.
</p><p>w. To disclose information to a grievance or complaint examiner, equal employment opportunity counselor or investigator, or other federal official engaged in investigating, or settling, a grievance, complaint, or appeal filed by an employee, or disciplinary or competence determination proceedings, when the OSC determines that use of such records is relevant and necessary to the matter.
</p><p>x. To an employer for the purpose of effecting salary or administrative offsets to satisfy a debt owed the United States by the record subject, in accordance with the requirements of federal debt collection laws.
</p><p>y. To a court of competent jurisdiction, an authorized official, or authorized state agency, as defined in 5 C.F.R. parts 581 and 582, in compliance with orders, interrogatories, and other information requests relevant to garnishment orders with which OSC is required to comply under applicable federal law.
</p><p>z. To the Department of Health and Human Services child support enforcement office, for the purpose of locating individuals to establish paternity, establishing and modifying orders of child support, identifying sources of income; and for other child support enforcement actions pursuant to the PRWORA, the names, social security numbers, home addresses, dates of birth, dates of hire, quarterly earnings, employer identifying information, and state of hire of employees.
</p><p>aa. To appropriate agencies, entities, and persons when: (1) the OSC suspects or has confirmed that the security or confidentiality of information in the system of records has been compromised; (2) the OSC has determined that as a result of the suspected or confirmed compromise there is a risk of harm to economic or property interests, identity theft or fraud, or harm to the security or integrity of this system or other systems or programs (whether maintained by the OSC or another agency or entity) that rely upon the compromised information; and (3) the disclosure made to such agencies, entities, and persons is reasonably necessary to assist in connection with OSC efforts to respond to the suspected or confirmed compromise and prevent, minimize, or remedy such harm.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>These records are maintained in file folders and on electronic media, including at such other agency or entity as the OSC may retain to provide administrative processing services, including associated budget, accounting, audit, and other oversight functions.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Files in this system of records are retrieved by the names of individuals, and when accessed electronically, by Social Security number.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Records in file folders are stored by the OSC in secured areas on government premises. Records on computers may only be accessed by those authorized personnel who have a need for access to perform their duties, or to those individuals on whom the record is maintained. Electronic records are only accessible using passwords and other system protection methods.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>These records are kept by OSC in accordance with retention periods for such records established by NARA in applicable General Records Schedules.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Director, Human Resources Branch, U.S. Office of Special Counsel, 1730 M. Street, NW., Suite 218, Washington, DC 20036-4505.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Individuals who wish to inquire whether this system contains information about them should contact the Privacy Act Officer, U.S. Office of Special Counsel: (1) by mail at: 1730 M. Street, NW., Suite 218, Washington, DC 20036-4505; (2) by telephone at: 202-254-3600; or (3) by fax at: 202-653-5161. To assist in the process of locating and identifying records, individuals should furnish the following:
</p><p>a. Name and home address;
</p><p>b. Business title and address;
</p><p>c. A description of the circumstances under which records may have been included in the system; and
</p><p>d. Any other information deemed necessary by OSC to properly process the request.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>Same as notification procedures. Requesters should also reasonably specify the record contents being sought. Rules about access to Privacy Act records appear in 5 C.F.R. part 1830.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Individuals who wish to contest records about themselves should contact the OSC Privacy Act Officer, identify any information they believe should be corrected, and furnish a statement of the basis for the requested correction along with all available supporting documents and materials. See OSC Privacy Act regulations at 5 C.F.R. part 1830.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Information in this system of records is obtained from a number of sources, including the individual to whom the record pertains, officials in OSC, official personnel records at OSC, OPM, IRS, SSA, DOL, and state government offices, and courts.
</p></xhtmlContent></subsection>
<subsection type="exemptionsClaimed"><xhtmlContent><p>OSC reserves the right to assert exemptions for records received from another agency that could be properly claimed by that agency in responding to a request. OSC may, pursuant to subsection (d)(5) of the Privacy Act (5 U.S.C. 552a), refuse access to information compiled in reasonable anticipation of a civil action or proceeding.
</p></xhtmlContent></subsection></section>

<previousPubs id="systems" toc="yes">
<title>Systems of Records Published Between January 3, 2012 and December 31, 2013</title>
</previousPubs>

<regulations id="reg" toc="yes">
<regulationsTitle number="5">
<heading> Administrative Personnel </heading>
<regulationsChapter number="VIII">
<heading> Office of Special Counsel </heading>
<regulationsPart number="1830">
<heading> PRIVACY </heading>
<xhtmlContent>
<p>Sec.
</p>
<p>1830.1 General provisions.
</p>
<p>1830.2 Requirements for making Privacy Act requests.
</p>
<p>1830.3 Medical records.
</p>
<p>1830.4 Requirements for requesting amendment of records.
</p>
<p>1830.5 Appeals.
</p>
<p>1830.6 Exemptions.
</p>
<p>1830.7 Fees.
</p>
<p>1830.8 Other rights and services.
</p>
<p><b>Authority:</b> 5 U.S.C. 552a(f), 1212(e).
</p>
<p><b>Source:</b> 72 FR 56617, Oct. 4, 2007, unless otherwise noted.
</p>
<p><b>&#167; 1830.1 General provisions.
</b></p>
<p>This part contains rules and procedures followed by the Office of Special Counsel (OSC) in processing requests for records under the Privacy Act (PA), at 5 U.S.C. 552a. Further information about access to OSC records generally is available on the agency?s web site (http://www.osc.gov/foia.htm ).
</p>
<p><b>&#167; 1830.2 Requirements for making Privacy Act requests.
</b></p>
<p>(a) <i>How made and addressed.</i> A request for OSC records under the Privacy Act should be made by writing to the agency. The request should be sent by regular mail addressed to: Privacy Act Officer, U.S. Office of Special Counsel, 1730 M Street, N.W. (Suite 218), Washington, DC 20036-4505. Such requests may also be faxed to the Privacy Act Officer at the number provided on the FOIA/PA page of OSC?s web site (see 1830.1). For the quickest handling, both the request letter and envelope or any fax cover sheet should be clearly marked "Privacy Act Request." A Privacy Act request may also be delivered in person at OSC?s headquarters office in Washington, DC. Whether sent by mail or by fax, or delivered in person, a Privacy Act request will not be considered to have been received by OSC until it reaches the Privacy Act Officer.
</p>
<p>(b) <i>Description of records sought.</i> Requesters must describe the records sought in enough detail for them to be located with a reasonable amount of effort. Whenever possible, requests should describe any particular record sought, such as the date, title or name, author, recipient, and subject matter.
</p>
<p>(c) <i>Proof of identity.</i> Requests received by mail, fax, or personal delivery should contain sufficient information to enable OSC to determine that the requester and the subject of the record are one and the same. To assist in this process, an individual should submit his or her name and home address, business title and address, and any other known identifying information such as an agency file number or identification number, a description of the circumstances under which the records were compiled, and any other information deemed necessary by OSC to properly process the request. An individual delivering a request in person may be required to present proof of identity, preferably a government-issued document bearing the individual?s photograph.
</p>
<p>(d) <i>Freedom of Information Act processing.</i> OSC also processes all Privacy Act requests for access to records under the Freedom of Information Act, 5 U.S.C. 552, following the rules contained in part 1820 of this chapter, which gives requesters the benefit of both statutes.
</p>
<p><b>&#167; 1830.3 Medical records.
</b></p>
<p>When a request for access involves medical records that are not otherwise exempt from disclosure, the requesting individual may be advised, if it is deemed necessary by OSC, that the records will be provided only to a physician designated in writing by the individual. Upon receipt of the designation, the physician will be permitted to review the records or to receive copies by mail upon proper verification of identity.
</p>
<p><b>&#167; 1830.4 Requirements for requesting amendment of records.
</b></p>
<p>(a) <i>How made and addressed.</i> Individuals may request amendment of records pertaining to them that are subject to amendment under the Privacy Act and this part. The request should be sent by regular mail addressed to: Privacy Act Officer, U.S. Office of Special Counsel, 1730 M Street, N.W. (Suite 218), Washington, DC 20036-4505. Such requests may also be faxed to the Privacy Act Officer at the number provided on the FOIA/PA page of OSC?s web site (see 1830.1). For the quickest handling, both the request letter and envelope or any fax cover sheet should be clearly marked "Privacy Act Amendment Request." Whether sent by mail or by fax, a Privacy Act amendment request will not be considered to have been received by OSC until it reaches the Privacy Act Officer. A Privacy Act amendment request may also be delivered by person at OSC?s headquarters office in Washington, DC.
</p>
<p>(b) <i>Description of amendment sought.</i> Requests for amendment should include identification of records together with a statement of the basis for the requested amendment and all available supporting documents and materials. Requesters must describe the amendment sought in enough detail for the request to be evaluated.
</p>
<p>(c) <i>Proof of identity.</i> Rules and procedures set forth in 1830.2(c) apply to requests made under this section.
</p>
<p>(d) <i>Acknowledgement and response.</i> Requests for amendment shall be acknowledged by OSC not later than 10 days (excluding Saturdays, Sundays, and legal holidays) after receipt by the Privacy Act Officer and a determination on the request shall be made promptly.
</p>
<p><b>&#167; 1830.5 Appeals.
</b></p>
<p>(a) <i>Appeals of adverse determinations.</i> A requester may appeal a denial of a Privacy Act request for access to or amendment of records to the Legal Counsel and Policy Division, U.S. Office of Special Counsel, 1730 M Street, N.W. (Suite 218), Washington, DC 20036-4505. The appeal must be in writing, and sent by regular mail or by fax. The appeal must be received by the Legal Counsel and Policy Division within 45 days of the date of the letter denying the request. For the quickest possible handling, the appeal letter and envelope or any fax cover sheet should be clearly marked "Privacy Act Appeal." An appeal will not be considered to have been received by OSC until it reaches the Legal Counsel and Policy Division. The appeal letter may include as much or as little related information as the requester wishes, as long as it clearly identifies the OSC determination (including the assigned request number, if known) being appealed. An appeal ordinarily will not be acted on if the request becomes a matter of litigation.
</p>
<p>(b) <i>Responses to appeals.</i> The agency decision on an appeal will be made in writing. A final determination will be issued within 30 days (excluding Saturdays, Sundays, and legal holidays), unless, for good cause shown, OSC extends the 30-day period.
</p>
<p><b>&#167; 1830.6 Exemptions.
</b></p>
<p>OSC will claim exemptions from the provisions of the Privacy Act at subsections (c)(3) and (d) as permitted by subsection (k) for records subject to the act that fall within the category of investigatory material described in paragraphs (2) and (5) and testing or examination material described in paragraph (6) of that subsection. The exemptions for investigatory material are necessary to prevent frustration of inquiries into allegations in prohibited personnel practice, unlawful political activity, whistleblower disclosure, Uniformed Services Employment and Reemployment Rights Act, and other matters under OSC?s jurisdiction, and to protect identities of confidential sources of information, including in background investigations of OSC employees, contractors, and other individuals conducted by or for OSC. The exemption for testing or examination material is necessary to prevent the disclosure of information which would potentially give an individual an unfair competitive advantage or diminish the utility of established examination procedures. OSC also reserves the right to assert exemptions for records received from another agency that could be properly claimed by that agency in responding to a request. OSC may also refuse access to any information compiled in reasonable anticipation of a civil action or proceeding.
</p>
<p><b>&#167; 1830.7 Fees.
</b></p>
<p>Requests for copies of records shall be subject to duplication fees set forth in part 1820 of this chapter.
</p>
<p><b>&#167; 1830.8 Other rights and services.
</b></p>
<p>Nothing in this part shall be construed to entitle any person, as of right, to any service or to the disclosure of any record to which such person is not entitled under the Privacy Act.
</p>
</xhtmlContent>
</regulationsPart>
</regulationsChapter>
</regulationsTitle>
</regulations>
</agency>
</pai>
