<?xml version="1.0" encoding="UTF-8"?>

<pai>
<agency toc="yes">

<name>Merit Systems Protection Board</name>
<abbrev>MSPB</abbrev>



<section id="internal1" toc="yes">
<systemNumber>/INTERNAL-1</systemNumber>
<subsection type="systemName">Pay, Leave, and Travel Records.
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>Office of Administration, Personnel Division, Merit Systems Protection Board (MSPB) and Information Resources Management Division, 1120 Vermont Avenue, NW, Washington, DC 20419; MSPB regional offices (see list of regional office addresses in the Appendix); and USDA National Finance Center, 13800 Gentilly Road, New Orleans, Louisiana 70129.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Current and former employees of the Merit Systems Protection Board.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>This system, both manual and automated, contains records relating to pay, leave, and travel. This includes information such as: Name; date of birth; Social Security number; home address; grade; employing organization; timekeeper number; salary; pay plan; number of hours worked; leave accrual rate, usage, and balances; Civil Service Retirement contributions; FICA withholdings; Federal, state and local tax withholdings; Federal Employee's Group Life Insurance withholdings; Federal Employee's Health Benefits withholdings; charitable deductions; allotments to financial organizations; garnishment documents; savings bonds allotments; union and management association dues withholding allotments; travel expenses; information on the leave transfer program; and fare subsidy program..
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>5 U.S.C. 1205, 5501 et seq., 5525 et seq., 5701 et seq., 6301 et seq., Executive Order 9397, and Pub. L. 100-202, 100-440, Pub. L. 101-59.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>These records are used to administer the pay, leave and travel functions of the Merit Systems Protection Board.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>Information from these records may be disclosed:
</p><p>a. To the Department of Treasury to issue checks and U.S. Savings Bonds;
</p><p>b. To the Department of Labor in connection with a claim filed by an employee for compensation due to a job-connected injury or illness;
</p><p>c. To state offices of unemployment compensation in connection with claims filed by former MSPB employees for unemployment compensation;
</p><p>d. To Federal Employees, Group Life Insurance or Health Benefits carriers in connection with survivor annuity or health benefit claims or records reconciliations;
</p><p>e. To the Internal Revenue Service and state and local tax authorities;
</p><p>f. To the Social Security Administration in connection with FICA withholding and benefits;
</p><p>g. To the Office of Personnel Management in connection with payroll deductions for civil service retirement plans;
</p><p>h. To the authorized employees of another Federal agency that provides MSPB with manual and automated assistance in processing pay, and leave;
</p><p>i. To officials of labor organizations recognized under 5 U.S.C. Chapter 7l when relevant and necessary to their duties of exclusive representation concerning personnel policies, practices, and matters affecting working conditions;
</p><p>j. To the appropriate Federal, state, or local agency responsible for investigating, prosecuting, enforcing, or implementing a statute, rule, regulation, or order, where the MSPB becomes aware of a possible violation or potential violation of civil or criminal law or regulation;
</p><p>k. To any source from which the MSPB requests additional information relevant to an MSPB determination concerning an individual's pay, or leave;
</p><p>l. To a Federal agency, at its request, for purposes connected with: The hiring or retention of an employee, the issuance of a security clearance, the conduct of a suitability or security investigation of an individual, the classification of a job, the letting of a contract, or the issuance of a license, grant, or other benefit by the requesting agency, to the extent that the information is relevant and necessary to the requesting agency's decision on the matter;
</p><p>m. To the Office of Management and Budget 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>n. To a congressional office from the record of an individual in response to an inquiry from that congressional office made at the request of that individual;
</p><p>o. To the Department of Justice when:
</p><p>(1) The agency, or any component thereof; or
</p><p>(2) Any employee of the agency in the employee's official capacity; or
</p><p>(3) Any employee of the agency in the employee's individual capacity where the Department of Justice has agreed to represent the employee; or
</p><p>(4) The United States is a party to litigation or has an interest in such litigation and the use of such records is deemed to be relevant and necessary to the litigation, provided that the disclosure of the records 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;
</p><p>p. In a proceeding before a court or adjudicative body before which the agency is authorized to appear, when:
</p><p>(1) The agency, or any component thereof; or
</p><p>(2) Any employee of the agency in the employee's official capacity; or
</p><p>(3) Any employee of the agency in the employee's individual capacity where the agency has agreed to represent the employee; or
</p><p>(4) The United States is a party to litigation or has an interest in such litigation and the use of such records is deemed to be relevant and necessary to the litigation, provided that the disclosure of the records 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;
</p><p>q. To the National Archives and Records Administration pursuant to records management inspections conducted under authority of 44 U.S.C. 2904 and 2906;
</p><p>r. In response to a request for discovery or for appearance of a witness, if the information is relevant to the subject matter involved in a pending judicial or administrative proceeding;
</p><p>s. To officials of the Office of Special Counsel, Office of Personnel Management, the Federal Labor Relations Authority or the Equal Employment Opportunity Commission when requested in the performance of their authorized duties;
</p><p>t. To the General Accounting Office for auditing purposes; and
</p><p>u. To the Social Security Administration and the Department of the Treasury, to provide pay data.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>These records are maintained in file folders and in computer processable storage media.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>These records are retrieved by name or social security number.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Access to and use of these records is limited to those persons whose official duties require such access. Paper records are maintained in locked cabinets. Automated records are protected from unauthorized access through password identification procedures and other system-based protection methods. Magnetic tape files and disk files are in a locked computer room and library which can be accessed by authorized personnel only.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>These records are maintained for varying periods of time in accordance with NARA General Records Schedule 2. Disposal of manual records is by shredding or burning; magnetic tapes and disks are erased.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Director, Office of Administration, Merit Systems Protection Board, 1120 Vermont Avenue NW., Washington, DC 20419.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Individuals wishing to determine whether this system of records contains information about them should contact the Clerk of the Board or the MSPB regional office where the individual is or was employed (See Appendix for a list of regional office addresses).
</p><p>Individuals making inquiries as to the existence of records pertaining to them must follow the MSPB Privacy Act regulations at 5 CFR 1205.11 regarding such inquiries.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>Individuals requesting access to their records should contact the Clerk of the Board or the MSPB regional office where the individual is or was employed (See Appendix for list of regional office addresses).
</p><p>Individuals requesting access must also follow the MSPB Privacy Act regulations at 5 CFR 1205.11 regarding access to records and verification of identity.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Individuals wishing to request amendment of their records should contact the Clerk of the Board or the MSPB regional office where the individual is or was employed.
</p><p>Individuals requesting amendment of their records must also follow the MSPB Privacy Act regulations set forth at 5 CFR 1205.21 regarding amendment of records and verification of identity.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>a. The individual to whom the record pertains;
</p><p>b. Merit Systems Protection Board officials responsible for pay, travel and leave; and
</p><p>c. Other official personnel documents of MSPB.
</p></xhtmlContent></subsection></section>
<section id="internal2" toc="yes">
<systemNumber>/INTERNAL-2</systemNumber>
<subsection type="systemName"> Employee Grievance Records.
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>Office of Administration, Personnel Division, Merit Systems Protection Board (MSPB), 1120 Vermont Avenue NW, Washington, DC 20419
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Current and former employees of the Merit Systems Protection Board who have filed grievances in accordance with the MSPB procedures established under 5 CFR part 771, subpart C.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>The system contains records of grievances filed by MSPB employees. The case files contain all documents related to the grievance, including statements of witnesses, reports or transcripts of interviews and hearings, the employee's written request for review of the initial grievance, designation of the grievance examiner, any written comments by the grievant or the grievant's representative upon review of the file at the completion of the inquiry, the examiner's report of findings and recommendations, the grievance decision, and correspondence and exhibits related to the grievance. The system does not include files and records of any grievance filed under negotiated procedures with recognized labor organizations.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>5 U.S.C. 1205, 5 CFR part 771.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>These records are used to process grievances filed by MSPB employees for personal relief in certain matters that are subject to the control of MSPB management.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>Information from these records may be disclosed:
</p><p>a. To any source from which the MSPB requests additional information in the course of processing a grievance, to the extent necessary to identify the individual, inform the source of the purpose(s) of the request, and identify the type of information requested;
</p><p>b. To an appropriate Federal, state, or local agency responsible for investigating, prosecuting, enforcing, or implementing a statute, rule, regulation, or order where the MSPB is aware of a violation or potential violation of civil or criminal law or regulation;
</p><p>c. To a Federal agency, at its request, in connection with the hiring or retention of an employee, the issuance of a security clearance, the conduct of a security or suitability investigation of an individual, the classifying of jobs, the letting of a contract or the issuance of a license, grant, or other benefit by the requesting agency, to the extent that the information is relevant and necessary to the requesting agency's decision on the matter;
</p><p>d. To a congressional office which makes an inquiry on a current or former employee;
</p><p>e. To the Department of Justice when:
</p><p>(1) The agency, or any component thereof; or
</p><p>(2) Any employee of the agency in the employee's official capacity; or
</p><p>(3) Any employee of the agency in the employee's individual capacity where the Department of Justice has agreed to represent the employee; or
</p><p>(4) The United States is a party to litigation or has an interest in such litigation and the use of such records is deemed to be relevant and necessary to the litigation, providing that disclosure of the records 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;
</p><p>f. In a proceeding before a court or adjudicative body before which the agency is authorized to appear, when:
</p><p>(1) The agency, or any component thereof; or
</p><p>(2) Any employee of the agency in the employee's official capacity; or
</p><p>(3) Any employee of the agency in the employee's individual capacity where the agency has agreed to represent the employee; or
</p><p>(4) The United States is a party to litigation or has an interest in such litigation and the use of such records is deemed to be relevant and necessary to the litigation, providing that the disclosure of the records 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;
</p><p>g. To the National Archives and Records Administration pursuant to records management inspections conducted under authority of 44 U.S.C. 2904 and 2906;
</p><p>h. To officials of the Office of Special Counsel, Office of Personnel Management, the Federal Labor Relations Authority, or the Equal Employment Opportunity Commission when requested in performance of their authorized duties;
</p><p>i. In response to a request for discovery or for appearance of a witness, if the information is relevant to the subject matter involved in a pending judicial or administrative proceeding; and
</p><p>j. To officials of labor organizations recognized under 5 U.S.C. Chapter 71 when relevant and necessary to their duties of exclusive representation concerning personnel policies, practices, and matters affecting work conditions.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>These records are maintained in file folders, and housed in an automated records storage and retrieval system.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>These records are retrieved by the name of the grievant.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>These records are maintained in an automated records storage and retrieval system, equipped with a locking device. Access to the system is limited to persons whose official duties require such access.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>These records are disposed of by shredding three years after closing of the case.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Director of Personnel, Merit Systems Protection Board, 1120 Vermont Avenue NW, Washington, DC 20419.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Individuals wishing to determine whether this system of records contains information about them should contact the Clerk of the Board. Individuals who have filed grievances are aware of that fact and have been given an opportunity to review the record.
</p><p>Individuals making inquiries as to the existence of records pertaining to them must also follow the MSPB Privacy Act regulations at 5 CFR 1205.11 regarding such inquiries.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>Individuals requesting access to their records should contact the Clerk of the Board.
</p><p>Individuals requesting access must also follow the MSPB Privacy Act regulations at 5 CFR 1205.11 regarding access to records and verification of identity.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Review of requests from individuals seeking amendment of their records which have been the subject of a judicial or quasi-judicial action will be limited in scope. Review of amendment requests of these records will be restricted to determining if the record accurately documents the action of the officer ruling on the case, and will not include a review of the merits of the action, determination, or findings.
</p><p>Individuals wishing to request amendment of their records to correct factual errors should write the Clerk of the Board.
</p><p>Individuals requesting amendment must also follow the MSPB Privacy Act regulations at 5 CFR 1205.21 regarding amendment of records and verification of identity.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>a. The individual on whom the record is maintained;
</p><p>b. Witnesses;
</p><p>c. Agency officials;
</p><p>d. Hearing examiner; and
</p><p>e. Related correspondence from organizations or persons.
</p></xhtmlContent></subsection></section>
<section id="internal3" toc="yes">
<systemNumber>/INTERNAL-3</systemNumber>
<subsection type="systemName">  Employee Awards Tracking System Records.
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>Office of Administration, Personnel Division, Merit Systems Protection Board (MSPB), 1120 Vermont Avenue, NW, Washington, DC 20419.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Current and former employees of the Merit Systems Protection Board who have received recognition for achievements either within or outside the employee's job responsibilities, and for length of service to the Government.
</p><p>The system includes awards given to employees under the MSPB Incentive Awards Program; performance awards given to employees in the Senior Executive Service; and performance awards given to employees in the Performance Management and Recognition System.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>This system contains information about the awardees, including: Name, social security number, position title and series, current grade, step within grade, annual salary, most recent previous award, requested and approved award amount and accounting data or code.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>5 U.S.C. 1205, 5 U.S.C. 4501 et seq. and 5 U.S.C. 5336.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>These records are collected and maintained to provide calculation and reporting data on MSPB employees who have received awards.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>Information from these records may be disclosed:
</p><p>a. To other Federal agencies and other organizations to process and approve suggestions and nominations for awards or quality step increases for MSPB employees;
</p><p>b. To other government agencies to recommend whether suggestions made by an MSPB employee affect the functions or responsibilities of the agencies;
</p><p>c. To a congressional office from the record of an individual in response to an inquiry from that congressional office made at the request of that individual;
</p><p>d. To other public (Federal, state, or local) or private organizations, including news media, which grant or publicize employee awards or honors;
</p><p>e. To the National Archives and Records Administration pursuant to records management inspections conducted under authority of 44 U.S.C. 2904 and 2906;
</p><p>f. To officials of the Office of Special Counsel, the Office of Personnel Management, the Federal Labor Relations Authority, or the Equal Employment Opportunity Commission when requested in performance of their authorized duties; and
</p><p>g. In response to a request for discovery or for appearance of a witness, if the information is relevant to the subject matter involved in a pending judicial or administrative proceeding.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>These records are maintained in computer processable storage media.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>These records are retrieved by the name of the individual award recipients or nominees.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Access to and use of these records are limited to persons whose official duties require such access. The records in this system are maintained in a locked room in a building with restricted access. The records are protected from unauthorized access through password identification procedures.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>These records are retained for two years and then destroyed.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Director of Personnel, Merit Systems Protection Board, 1120 Vermont Avenue NW, Washington, DC 20419.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Individuals wishing to determine whether this system of records contains information about them should contact the Clerk of the Board. Individuals inquiring as to the existence of records pertaining to them must also follow the MSPB Privacy Act regulations at 5 CFR 1205.11 regarding such inquiries.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>Individuals requesting access to their records should contact the Clerk of the Board. Individuals requesting access must follow the MSPB Privacy Act regulations at 5 CFR 1205.11 regarding access to records and verification of identity.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Individuals requesting amendment of records about them should write the Clerk of the Board. Individuals requesting amendment must also follow the MSPB Privacy Act regulations at 5 CFR 1205.21 regarding amendment of records and verification of identity.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>a. Individuals submitting suggestions or nominations for awards or quality step increases;
</p><p>b. Supervisors of employees;
</p><p>c. Evaluators of suggestions or nominations for awards or quality step increases;
</p><p>d. Official Personnel Folders; and
</p><p>e. Staff of the Office of Personnel Management, General Accounting Office, and other Federal agencies.
</p></xhtmlContent></subsection></section>
<section id="internal4" toc="yes">
<systemNumber>/INTERNAL-4</systemNumber>
<subsection type="systemName">Case Memoranda/Draft Decisions.
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>Office of the Clerk of the Board and Office of Information Resources Management, Merit Systems Protection Board (MSPB), 1615 M Street, NW., Washington, DC 20419.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Current and former Federal employees, applicants for employment, annuitants, and other individuals who have filed petitions or requests for review with MSPB, or have been a party in an original jurisdiction case.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>These records consist of advisory memoranda and draft decisions prepared by Board attorneys and employees working under the supervision of Board attorneys for the consideration of Board members in connection with appeals pending before the Board. These records contain individual appellants' names, and may contain appellants' veterans status, race, sex, age, religion, national origin, disability status, and other personal information.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>5 U.S.C. 1204, 7701, 7702.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>These records are used by the Board members in determining how they will decide the appeals that come before them. These records are also used by Board employees for internal legal research.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>There are no routine uses or disclosures to persons who are not Board employees.
</p><p>Storage:</p>
<p>These records are maintained in electronic form on file servers connected to the Board's local area network or in the Board's document management system.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>These records are retrieved by the names of the individuals on whom they are maintained, and by MSPB docket numbers.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Access to these records is limited by password and other system-based procedures to persons whose official duties require such access.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Electronic records in this system may be maintained indefinitely, or until the Board no longer needs them.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>The Clerk of the Board and the Office of Information Resources Management, Merit Systems Protection Board, 1615 M Street, NW., Washington, DC 20419.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>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 part 1205.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>Individuals requesting access to their records should contact the Clerk of the Board, Merit Systems Protection Board, 1615 M Street NW., Washington, DC 20419. Requests for access must comply with the MSPB Privacy Act regulations at 5 CFR part 1205.
</p></xhtmlContent></subsection></section>
<section id="internal6" toc="yes">
<systemNumber>/INTERNAL-6</systemNumber>
<subsection type="systemName">Security Management Records
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>Financial and Administrative Management Division, Merit Systems Protection Board (MSPB), 1120 Vermont Avenue, NW, Washington, DC 20419.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Employees of the MSPB, employees of contractors doing business with the MSPB, and visitors to MSPB office space.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>The system consists of cardkey access logs containing records of access of individual employees, contractors and visitors as they move about MSPB office space using cardkeys issued by the Board.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>5 U.S.C. 1204.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>These records are used to safeguard MSPB personnel and office space, and to document incidents where security is breached.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>There are no disclosures of this information outside of the MSPB for purposes other than those for which the information was collected, including use by Federal, state and local law enforcement agencies in the event of a violation of law.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Records are stored in FAMD on a personal computer with standard password access security.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Records are retrieved by the names of the individuals on whom they are maintained, and by automatically assigned control numbers.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>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.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Records documenting access to office space are retained for 90 days and one month's data will be purged leaving 60-days data on the computer at any one time. Computer files will be destroyed by deletion.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Director, Financial and Administrative Management Division, Merit Systems Protection Board, 1120 Vermont Avenue, NW, Washington, DC 20419.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>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 inquiries.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>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.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>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.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>The individual to whom the information applies; the records maintained in the Board's Financial and Administrative Management Division.
</p></xhtmlContent></subsection></section>
<section id="internal8" toc="yes">
<systemNumber>/INTERNAL-8</systemNumber>
<subsection type="systemName">Office of Appeals Counsel Case Production Data System.
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>Office of Appeals Counsel, Merit systems, Protection Board (MSPB), 1120 Vermont Avenue, NW, Washington, DC 20419.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Employees in the Office of Appeals Counsel, MSPB.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>The system consists of information about employees in the Office of Appeals Counsel of the Board, including: Name, position title, grade, and series, organizational unit, work schedule for flexiplace employees, annual and sick leave usage, and leave taken under the Family and Medical Leave Act. The system will also contain the number of cases processed by individual employees, as well as requests for credit for hours spent performing non-case related work and requests for additional credit for time-consuming case related work. The system will also contain the names and docket numbers of certain MSPB cases.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>5 U.S.C. 1204.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>These records are used by Board officials to track the case production of individual employees and provide an effective management tool in determining assignments, promotions, training and other personnel actions affecting employees in the office of Appeals Counsel.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>These records and information in them may be used:
</p><p>a. To provide information to a congressional office from the record of an individual in response to an inquiry from the congressional office made at the request of that individual.
</p><p>b. To disclose information to another Federal agency, to a court, or a party in litigation before a court, or in an administrative proceeding being conducted by a Federal agency, either when the Government is a party to a judicial proceeding or in order to comply with the issuance of a subpoena.
</p><p>c. To disclose, in response to a request for discovery or for appearance of a witness, information that is relevant to the subject matter involved in a pending judicial or administrative proceeding.
</p><p>d. To disclose pertinent information to the appropriate Federal, State, or local agency responsible for investigation, prosecution, enforcement, or implementation of a statute, rule, regulation, or order, where the Board becomes aware of an indication of a violation or potential violation of civil or criminal law or regulation.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p><p>Records are stored in databases on a local area network server with standard password access security.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>These records are retrieved by the names of the individuals for whom they are maintained.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Access to these records is limited to persons whose official duties require such access. Records are protected from unauthorized access through password identification procedures and other system-based protection methods.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Records in this system are maintained as long as the individual is an employee of the Board. Expired records will be destroyed by deleting.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Director, Office of Appeals Counsel, Merit Systems Protection Board, 1120 Vermont Avenue NW., Washington, DC 20419.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>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 inquiries.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>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.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>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.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>The individual to whom the information applies; the records maintained in the Board's Office of Appeals Counsel, and records maintained by the U.S. Department of Agriculture, Animal Plant Health Inspection Service.
</p></xhtmlContent></subsection></section>
<section id="internal9" toc="yes">
<systemNumber>/INTERNAL-9</systemNumber>
<subsection type="systemName">MSPB/INTERNAL-9, Emergency Contact Data Base System.
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>Financial and Administrative Management, Merit Systems Protection Board (MSPB), 1615 M Street, NW., Washington, DC 20419.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Employees of MSPB.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>The system consists of information about employees of the Board, including: Name, organizational unit, work telephone number(s), home and cellular telephone number(s) and work-at-home schedule for employees working on flexiplace. It will also have the name, address, relationship, home and office telephone number(s), home and office cellular phone number(s), and home and office e-mail address of an individual(s) to contact in the event of a medical or other emergency involving the employee or the employee's office.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>5 U.S.C. 1204.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>These records are used by Board officials to identify individuals for Board officials to contact in the case of an emergency involving the employee or the employee's office. The information may also be used to contact flexiplace employees working away from Board offices regarding Board mission related matters.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>These records and information in these records may be used:
</p><p>To locate a person or persons to contact in the event of an emergency involving the individual and/or the employee's office.
</p><p>To disclose information to another Federal agency, to a court, or a party in litigation before a court, or in an administrative proceeding being conducted by a Federal agency, either when the Government is a party to a judicial proceeding or in order to comply with the issuance of a subpoena.
</p><p>To disclose pertinent information to the appropriate Federal, State, or local agency responsible for investigation, prosecution, enforcement, or implementation of a statute, rule, regulation, or order, where the Board becomes aware of an indication of a violation or potential violation of civil or criminal law or regulation.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Records are stored in Lotus Notes Domino Server in the HQ computer room, with standard password access security, connected to a local area network and a wide area network serving all offices of the Board.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>These records are retrieved by the names of the individuals on whom they are maintained.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Access to these records is limited to persons whose official duties require such access. Records are protected from unauthorized access through password identification procedures and other system-based protection methods.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Records in this system are maintained as long as the individual is an employee of the Board. Expired records will be destroyed by deleting.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Director, Financial and Administrative Management, Merit Systems Protection Board, 1615 M Street, NW., Washington, DC 20419.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>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 inquiries.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>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, 1615 M St., NW., Washington, DC 20419. Requests for access to records must follow the MSPB Privacy Act regulations at 5 CFR 1205.11.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>MSPB employees may personally amend information in these records at any time. Individuals wishing to request amendment of their records under the provisions of the Privacy Act should contact the system manager. Individuals must furnish the necessary information for their records to be located, identified and updated.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Information is provided by the individual who is the subject of the record.
</p></xhtmlContent></subsection></section>
<section id="central2" toc="yes">
<systemNumber>/CENTRAL-2</systemNumber>
<subsection type="systemName"> General Correspondence Records.
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>Office of the Clerk of the Board, Merit Systems Protection Board, 1120 Vermont Avenue NW., Washington, DC 20419 and MSPB regional offices (see list of regional office addresses in the Appendix).
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Current and former Federal employees and members of the public who have written the MSPB seeking information, registering complaints, or making known their views.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>This system contains the incoming correspondence and copies of the MSPB reply or referral.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>5 U.S.C. 1205.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>These records are used to document correspondence with the Board.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>Information from these records may be disclosed:
</p><p>a. To another agency to whom the incoming correspondence is referred for reply;
</p><p>b. To the appropriate Federal, state, or local agency responsible for investigating, prosecuting, enforcing, or implementing a statute, ruel, regulation or order where there is an indication of a violation or potential violation of a civil or criminal law or regulation; and
</p><p>c. To a congressional office from the record of an individual in response to an inquiry from that congressional office made at the request of that individual.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:
</p><p>These records are maintained in file folders.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>These records are retrieved by name and date of correspondence.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>These records are maintained in lockable metal filing cabinets. Access to and use of these records is limited to those persons whose official duties require such access.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>These records are retained for 1 year, then destroyed by shredding.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Clerk of the Board, Merit Systems Protection Board, 1120 Vermont Avenue NW, Washington, DC 20419, and MSPB regional directors (see list of regional office addresses in the Appendix).
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Individuals wishing to inquire whether this system of records contains information about them should contract the Clerk of the Board or the appropriate regional office and must follow the MSPB Privacy Act regulations at 5 CFR 1205.11 regarding such inquiries.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>Individuals requesting access to their records should contact the Clerk of the Board, or the appropriate regional office and must follow the MSPB Privacy Act regulations at 5 CFR 1205.11 regarding such inquiries.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Individuals wishing to amend records should contact the Clerk of the Board and must follow the MSPB Privacy Act regulations at 5 CFR 1205.21 regarding amendment of records and verification of identity.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>a. Individual to whom the record pertains:
</p><p>b. Official documents relating to the correspondence: and
</p><p>c. Related correspondence from agencies, organizations, or persons.
</p></xhtmlContent></subsection></section>
<section id="central3" toc="yes">
<systemNumber>/CENTRAL-3</systemNumber>
<subsection type="systemName"> Freedom of Information Act/Privacy Act Case Records.
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>Office of the Clerk of the Board, Merit Systems Protection Board, 1120 Vermont Avenue NW, Washington, DC 20419 and MSPB regional officies (see list of regional office addresses in Appendix).
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>This system contains records and related correspondence on individuals who have filed with the MSPB:
</p><p>a. Requests for information under the Freedom of Information Act (5 U.S.C. 552) including requests for review of initial denials of such requests; and
</p><p>b. Requests under the Privacy Act (5 U.S.C. 552a) for records about themselves, including requests for:
</p><p>(1) Notification of the existence of records about them;
</p><p>(2) Access to these records:
</p><p>(3) Amendment of these records;
</p><p>(4) Review of initial denials of requests for amendment; and
</p><p>(5) An accounting of disclosure of records about them.
</p><p>Note: Since these records may contain inquiries and requests regarding other MSPB systems of records subject to the Privacy Act, information about individuals from any of these other systems may become part of this Freedom of Information/Privacy Act Case Records system.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>This system contains correspondence and other documents related to requests by individuals to the MSPB for:
</p><p>a. Information under the Freedom of Information Act (5 U.S.C. 552) including requests for review of initial denials of such requests; and
</p><p>b. Information under the Privacy Act (5 U.S.C. 552a) and requests for review of initial denials of such requests made under the MSPB Privacy Act regulations including requests for:
</p><p>(1) Notification of the existence of records;
</p><p>(2) Access to these records;
</p><p>(3) Amendment to these records;
</p><p>(4) Review of initial denials of requests for amendment; and
</p><p>(5) An accounting of disclosure of records about them.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>5 U.S.C. 552, 552a, 1205.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>These records are maintained to process requests made under the Freedom of Information and Privacy Acts. These records are also used by MSPB to prepare its annual reports to OMB and Congress as required by the Privacy and Freedom of Information Acts.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>Information from these records may be disclosed:
</p><p>a. To the Office of Management and Budget at any stage in the legislative coordination and clearance process in connection with private relief legislation as stated in OMB Circular No. A-19;
</p><p>b. To a congressional office from the record of an individual in response to an inquiry from that congressional office made at the request of that individual;
</p><p>c. To the Department of Justice when:
</p><p>(1) The agency, or any component thereof; or
</p><p>(2) Any employee of the agency in the employee's official capacity; or
</p><p>(3) Any employee of the agency in the employee's individual capacity where the Department of Justice has agreed to represent the employee; or
</p><p>(4) The United States is a party to litigation or has an interest in such litigation and the use of such records is deemed to be relevant and necessary to the litigation, providing that the disclosure of the records is a use of the information contained in the records that is compatible with the purpose of which the records were collected; or approval or consultation is required.
</p><p>d. In any proceeding before a court or other adjudicative body before which the agency is authorized to appear, when:
</p><p>(1) The agency, or any component thereof; or
</p><p>(2) Any employee of the agency in the employee's official capacity; or
</p><p>(3) Any employee of the agency in the employee's individual capacity where the agency has agreed to represent the employee; or
</p><p>(4) The United States is a party to litigation or has an interest in such litigation and the use of such records is deemed to be relevant and necessary to the litigation, providing that the disclosure of the records 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.
</p><p>e. To the National Archives and Records Administration in records management inspections conducted under the authority of 44 U.S.C. 2904 and 2906;
</p><p>f. To officials of the Office of Personnel Management, Federal Labor Relations Authority, and the Equal Employment Opportunity Commission in conjunction with the preformance of their authorized duties;
</p><p>g. To Federal agencies in order to obtain advice and recommendations concerning matters on which the agency has specialized experience or particular competence which MSPB may use in making determinations under the Freedom of Information Act;
</p><p>h. To any source from which MSPB requests additional information (to the extent necessary to identify the individual, inform the source of the purpose of the request, and identify the type of information requested), where necessary to obtain information relevant to an MSPB determination concerning a Privacy Act of Freedom of Information Act request;
</p><p>i. In response to a request for discovery or for appearance of witness, if the information is relevant to the subject matter involved in a pending judicial or administrative proceeding; and
</p><p>j. To the appropriate Federal, state, or local agency responsible for investigating, prosecuting, enforcing, or implementing a statute, rule, regulation, or order where MSPB becomes aware of an indication of a violation or potential violation of a civil or criminal law regulation.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>These records are maintained in file folders.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>These records are retrieved by name of the individual on whom they are maintained and the date of request.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>These records are maintained in lockable metal filing cabinets. Access to and use of these records is limited to persons whose official duties require such access.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Requests under the Freedom of Information Act are maintained for 2 years, then destroyed by shredding. Requests under the Privacy Act are maintained for 5 years, then destroyed by shredding. Records of administrative appeals from denials of access to records under the Freedom of Information Act and denials of requests to amend records under the Privacy Act are maintained for 6 years, then destroyed by shredding.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Clerk of the Board, 1120 Vermont Avenue NW, Washington, DC 20419, and MSPB regional directors (see list of regional office addresses in the Appendix).
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Individuals wishing to inquire whether this system of records contains information about them should contact the Clerk of the Board or the appropriate MSPB regional office and must follow the MSPB Privacy Act regulations at 5 CFR 1205.11 regarding such inquiries.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>Individuals requesting access to their records should contact the Clerk of the Board or the appropriate MSPB regional office and must follow the MSPB Privacy Act regulations at 5 CFR 1205.11 regarding access to records and verification of identity.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Individuals wishing to amend records about themselves should contact the Clerk of the Board or the appropriate MSPB regional office and must follow the MSPB regulations at 5 CFR 1205.21 regarding amendment of records and verification of identify.
</p><p>Note.--The amendment provisions for this system are not intended to permit an individual a second opportunity to request amendment of a record which was the subject of the initial Privacy Act amendment request which created the record in the system. That is, after an individual has requested amendment of a record under the Privacy Act, that record may become part of this system of Privacy Act/Freedom of Information Act case records. Thus, an individual may not subsequently request amendment of that record again simply because a copy of the record has become part of the second system of Privacy Act/Freedom of Information Act case records.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>a. The individual who is the subject of the records;
</p><p>b. MSPB officials who respond to Privacy Act/Freedom of Information requests;
</p><p>c. Official personnel documents of MSPB including records from other MSPB system of records included in this notice;
</p><p>d. Other sources whom MSPB believes have information pertinent to an MSPB determination of a Privacy Act or Freedom of Information Act request; and
</p><p>e. Other agencies referring the request to MSPB.
</p></xhtmlContent></subsection></section>
<section id="central4" toc="yes">
<systemNumber>/CENTRAL-4</systemNumber>
<subsection type="systemName"> Litigation and Claims Records.
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>Office of the General Counsel, Merit Systems Protection Board (MSPB), 1120 Vermont Avenue NW, Washington, DC 20419.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>a. Individuals who file civil actions against MSPB, its officials, and its employees;
</p><p>b. Individuals who are parties to actions in which an MSPB final decision is involved but in which MSPB is not a party to the proceeding; and
</p><p>c. Individuals who file claims against MSPB under the Federal Tort Claims Act.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>This system includes pleadings and documentation of litigation such as complaints, answers, motions, briefs, orders, and decisions; claims and supporting documentation submitted under the Federal Tort Claims Act, together with correspondence and records of final administrative determinations.
</p><p>To the extent that records listed here, or portions thereof, are also maintained in an automated litigation tracking system, those versions or extracts of the records are considered to be covered by this system notice.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>5 U.S.C. 1205, 7703; 28 U.S.C. 2672.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>These records are maintained to defend MSPB against lawsuits; to settle administrative claims brought against the MSPB; and to provide records of court proceedings that involve final Board decisions.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>Information from these records may be disclosed:
</p><p>a. To the appropriate Federal, state or local agency responsible for investigating, prosecuting, enforcing or implementing a statute, rule, or regulation, or order where the Board becomes aware of a violation or potential violation of civil or criminal law or regulation;
</p><p>b. to any source where necessary to obtain information relevant to an MSPB decision or action involved in one of the purposes of maintenance of the system;
</p><p>c. To a Federal agency, in response to its request in connection with the hiring or retention of an employee, the issuance of a security or suitability investigation of an individual, the classifying of jobs, the letting of a contract, or the issuance of a license, grant, or other benefit by the requesting agency, to the extent that the information is relevant and necessary to the requesting agency's decision on the matter;
</p><p>d. To a congressional office in response to an inquiry made at the request of the individual from whose record the information is provided;
</p><p>e. To the Department of Justice or other agency when:
</p><p>(1) The agency, or any component thereof; or
</p><p>(2) Any employee of the agency in the employee's official capacity; or
</p><p>(3) Any employee of the agency in the employee's individual capacity where the Department of Justice has agreed to represent the employee; or
</p><p>(4) The United States is a party to litigation or has an interest in such litigation and the use of such records is deemed to be relevant and necessary to the litigation, provided that the disclosure of the records is a use of the information contained in the records that is compatible with the purpose of which the records were collected; or approval or consultation is required.
</p><p>f. In a proceeding before a court or adjudicative body before which the agency is authorized to appear, when:
</p><p>(1) The agency, or any component thereof; or
</p><p>(2) Any employee of the agency in the employee's official capacity; or
</p><p>(3) Any employee of the agency in the employee's individual capacity where the agency has agreed to represent the employee; or
</p><p>(4) The United States is a party to litigation or has an interest in such litigation and the use of such records is relevant and necessary to the litigation, provided that the disclosure of the records to the tribunal is a use of the information contained in the records that is compatible with the purpose for which the records were collected.
</p><p>g. To the National Archives and Records Administration for records management inspections conducted under authority of 44 U.S.C. 2904 and 2906;
</p><p>h. To the insurance carrier of an employee of, or a claimant against, MSPB under the Federal Tort Claims Act to determine the proper assignment of any liability;
</p><p>i. In response to a request for discovery or for appearance of a witness, if the information is relevant to the subject matter involved in a pending judicial or administrative proceeding; and
</p><p>j. To officials of the Office of Personnel Management, Federal Labor Relations Authority or Equal Employment Opportunity Commission when requested in connection with the performance of their authorized duties.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>These records are maintained in file folders in lockable metal filing cabinets and on computer discs and tapes.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Records are retrieved by various combinations of name, social security number, or docket control or decision numbers.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Paper records are located in metal file cabinets or in secured areas with access limited to persons whose official duties require such access. Access to computerized records is limited, through the use of access codes and entry logs, to those persons whose official duties require such access.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>These records are maintained for 6 years after the case is closed by court action and then destroyed by shredding. Automated data on individual cases are erased 6 years after the case is closed by court action.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>General Counsel, Merit Systems Protection Board, 1120 Vermont Avenue NW, Washington, DC 20419.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>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 inquiries.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>Individuals requesting access to their records should contact the Clerk of the Board and must follow the MSPB Privacy Act regulations at 5 CFR 1205.11 regarding such requests.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Individuals wishing to amend records should contact the Clerk of the Board and must follow the MSPB Privacy Act regulations at 5 CFR 1205.21 regarding amendment of records.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>a. Individual to whom the record pertains;
</p><p>b. Agency officials and records;
</p><p>c. Records of MSPB and Equal Employment Opportunity Commission administrative proceedings and court documents; and
</p><p>d. Witnesses.
</p></xhtmlContent></subsection></section>
<section id="govt1" toc="yes">
<systemNumber>/GOVT-1</systemNumber>
<subsection type="systemName">Appeals and Case Records.
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>Office of the Clerk of the Board, Merit Systems Protection Board (MSPB), Suite 500, 1615 M Street NW., Washington, DC 20419, and MSPB regional and field offices (see list of office addresses in the Appendix).
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>a. Current and former Federal employees, applicants for employment, annuitants, and other individuals who have filed appeals with MSPB or its predecessor agency, or with respect to whom the Office of Special Counsel (OSC) or another Federal agency has petitioned MSPB concerning any matter over which MSPB has jurisdiction.
</p><p>b. Current and former employees of State and local governments who have been investigated by OSC and have had an appeal before MSPB concerning possible violation of the Hatch Act.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>a. These records contain information or documents such as briefs, pleadings, motions, exhibits, hearing transcripts, and MSPB decisions, which comprise the administrative records of appeals and other matters arising under the adjudicatory authority of the Board. These records may also contain individual appellants' names, social security numbers, home addresses, veterans' status, race, sex, national origin, and disability status data.
</p><p>b. This system also includes the Board's case processing system (CPS). The CPS was designed to manage all documents created by the Board during the processing of a case, as well as documents that are received electronically from the parties. At the present time, the CPS includes: a document assembly system to create documents; a document management system to manage and store documents; a case management system to record activities in cases, track the location of case files, and produce statistical reports on cases; and an electronic filing and electronic publishing system to allow the parties to send and receive case documents electronically.
</p><p>Note: This system includes records and documents compiled by Federal agencies in processing adverse actions and actions based on unacceptable performance, covered by OPM/GOVT-3, when such actions are appealed to MSPB.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>5 U.S.C. 1204.
</p><p>Purpose(s):
</p><p>These records may be used to:
</p><p>a. Document and adjudicate appeals and other matters arising under the Board's appellate and original jurisdiction;
</p><p>b. Locate appeal documents and files, whether physical or electronic;
</p><p>c. Provide statistical data for reports, staff productivity, and other management functions; and
</p><p>d. Provide information to support other statutory functions of the Board, such as studies of the civil service under 5 U.S.C. 1204(a)(3), review of regulations of the Office of Personnel Management under 5 U.S.C. 1204(f), and reporting under 5 U.S.C. 1206.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>Information from the record may be disclosed:
</p><p>a. To officials of the Equal Employment Opportunity Commission (EEOC) or a Special Panel convened under authority of 5 U.S.C. 7702 when requested in connection with the performance of their authorized duties;
</p><p>b. To officials of the Office of Personnel Management (OPM), the Federal Labor Relations Authority (FLRA), EEOC, and OSC in connection with the performance of their authorized duties;
</p><p>c. To the Government Accountability Office (GAO) in response to an official inquiry or investigation;
</p><p>d. To provide information to a Congressional office from the record of an individual in response to an inquiry from that Congressional office made at the request of that individual;
</p><p>e. To an appropriate Federal or local agency responsible for investigating, prosecuting, enforcing, or implementing a statute, rule, regulation, or order where there is an indication of a violation or potential violation of civil or criminal law or regulation;
</p><p>f. To the Office of Management and Budget (OMB) at any stage in the legislative process in connection with private relief legislation as set forth in OMB Circular No. A-19;
</p><p>g. To the Department of Justice (DOJ) when:
</p><p>(1) The Board, or any component thereof; or
</p><p>(2) Any employee of the Board in the employee's official capacity; or
</p><p>(3) Any employee of the Board in the employee's individual capacity where the Department of Justice (DOJ) has agreed to represent the employee; or
</p><p>(4) The United States is a party to litigation or has an interest in such litigation and the use of such records is deemed to be relevant and necessary to the litigation, providing that the disclosure of the records 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;
</p><p>h. In any proceeding before a court or adjudicative body before which the Board is authorized to appear when:
</p><p>(1) The Board, or any component thereof; or
</p><p>(2) Any employee of the Board in the employee's official capacity; or
</p><p>(3) Any employee of the Board in the employee's individual capacity where the DOJ has agreed to represent the employee; or
</p><p>(4) The United States is a party to litigation or has an interest in such litigation and the use of such records is deemed to be relevant and necessary to the litigation, providing that the disclosure of the records 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;
</p><p>i. To any person making a status inquiry regarding a proceeding before MSPB;
</p><p>j. To the National Archives and Records Administration in records management inspections conducted under authority of 44 U.S.C. 2904 and 2906;
</p><p>k. 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;
</p><p>l. To Federal and State agencies for the purpose of providing MSPB with information concerning MSPB appellants, which information will be used, absent personal identifiers, in MSPB research projects mandated by 5 U.S.C. 1204(a)(3);
</p><p>m. To officials of the United States Court of Appeals for the Federal Circuit in connection with the performance of their judicial functions;
</p><p>n. To officials of State or local bar associations or disciplinary boards or committees when they are investigating complaints against attorneys in connection with their representation of a party before the Board; and
</p><p>o. To the public, including to the agency's Web site following issuance of a decision.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>These records are maintained in file folders and binders and in computer storage media.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>These records are retrieved by the names of the individuals on whom they are maintained and by MSPB docket numbers.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Access to these records is limited to persons whose official duties require such access. Personal screening is employed to prevent unauthorized disclosure. Automated records in this system are maintained in a secure computer room in a building with restricted access. Automated records are protected from unauthorized access through password identification procedures and other system-based protection methods.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Paper records are maintained for up to one year after a final determination by MSPB or, in some instances, other administrative authorities or the courts. Thereafter, they are transferred to Regional Federal Records Centers or other appropriate facilities. Paper records are destroyed by the Federal Records Centers when the records are seven years old. Electronic records of the case management system may be maintained indefinitely, or until the Board no longer needs them.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>The Clerk of the Board, Merit Systems Protection Board, Suite 500, 1615 M Street NW., Washington, DC 20419, and MSPB regional and field offices (see list of office addresses in the Appendix).
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>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 part 1205 regarding such inquiries.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>Individuals requesting access to their records should contact the Clerk of the Board. If the requester has reason to believe the records in question are located in a regional or field office, it is appropriate to submit the request to that office. Such requests should be addressed to the regional director or chief administrative judge (see list of office addresses in the Appendix). Requests for access to records must follow the MSPB Privacy Act regulations at 5 CFR part 1205.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Individuals requesting amendment should write to the Clerk of the Board. If the requester has reason to believe the records in question are located in a regional or field office, it is appropriate to submit the request to that office. Such requests should be addressed to the regional director or chief administrative judge (see list of office addresses in the Appendix).
</p><p>Requests for amendment of records must follow the MSPB Privacy Act regulations at 5 CFR part 1205.
</p><p>These provisions for amendment of the record are not intended to permit the alteration of evidence presented in the course of adjudication before MSPB either before or after MSPB has rendered a decision on the appeal.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>The sources of these records are:
</p><p>a. The individual to whom the record pertains;
</p><p>b. The agency employing the above individual;
</p><p>c. The MSPB, OPM, EEOC, OSC; and
</p><p>d. Other individuals or organizations from whom MSPB has received testimony, affidavits or other documents.
</p></xhtmlContent></subsection></section>

<appendix id="appa" toc="yes">
<xhtmlContent>
<p><i>Regional and Field Offices of the Merit Systems Protection Board</i></p>
<p>1. Atlanta Regional Office, Merit Systems Protection Board, 401 W. Peachtree Street, NE., Suite 1050, Atlanta, Georgia 30308.
</p><p>2. Central Regional Office, Merit Systems Protection Board, 230 South Dearborn Street, 31st Floor, Chicago, Illinois 60604.
</p><p>3. Dallas Regional Office, Merit Systems Protection Board, 1100 Commerce Street, Room 620, Dallas, Texas 75242.
</p><p>4. Denver Field Office, Merit Systems Protection Board, 165 South Union Blvd., Suite 318, Lakewood, Colorado 80228.
</p><p>5. New York Field Office, Merit Systems Protection Board, 26 Federal Plaza, Room 3137-A, New York, New York 10278.
</p><p>6. Northeastern Regional Office, Merit Systems Protection Board, 1601 Market Street, Suite 1700, Philadelphia, Pennsylvania 19103.
</p><p>7. Western Regional Office, Merit Systems Protection Board, 201 Mission Street, Suite 2310, San Francisco, California 94105.
</p><p>8. Washington, DC Regional Office, Merit Systems Protection Board, 1800 Diagonal Road, Suite 205, Alexandria, VA 22314.
</p></xhtmlContent></appendix>
<previousPubs id="systems" toc="yes">
<title>Systems of Records Published Between January 3, 2016 and December 31, 2017</title>
</previousPubs>
	<regulations id="reg" toc="yes">
<regulationsTitle number="5">
<heading> Administrative Personnel </heading>
<regulationsChapter number="II">
<heading> Merit Systems Protection Board </heading>
<regulationsPart number="1205">
<heading> PRIVACY ACT REGULATIONS </heading>
<xhtmlContent>
<p><b>Subpart A--General Provisions
</b></p>
<p>Sec.
</p>
<p>1205.1 Purpose.
</p>
<p>1205.2 Policy and scope.
</p>
<p>1205.3 Definitions.
</p>
<p>1205.4 Disclosure of Privacy Act records.</p>
<p><b>Subpart B--Procedures for Obtaining Records
</b></p>
<p>1205.11 Access to Board records.
</p>
<p>1205.12 Time limits and determinations.
</p>
<p>1205.13 Identification.
</p>
<p>1205.14 Granting access.
</p>
<p>1205.15 Denying access.
</p>
<p>1205.16 Fees.</p>
<p><b>Subpart C--Amendment of Records
</b></p>
<p>1205.21 Request for amendment.
</p>
<p>1205.22 Action on request.
</p>
<p>1205.23 Time limits.</p>
<p><b>Subpart D--Appeals
</b></p>
<p>1205.31 Submitting appeal.
</p>
<p>1205.32 Decision on appeal.
</p>
<p><b>Authority:</b> 5 U.S.C. 552a and 1204.
</p>
<p><b>Source:</b> 64 FR 51043, Sept. 21, 1999, unless otherwise noted.</p>
<p><b>Subpart A--General Provisions
</b></p>
<p><b>&#167; 1205.1
 Purpose.
</b></p>
<p>This subpart implements the Privacy Act of 1974, 5 U.S.C. 552a, ("the Act") by stating the procedures by which individuals may determine the existence of, seek access to, and request amendment of Board records concerning themselves, and by stating the requirements that apply to Board employees' use and disclosure of those records.
</p>
<p><b>&#167; 1205.2
 Policy and scope.
</b></p>
<p>The Board's policy is to apply these regulations to all records that can be retrieved from a system of records under the Board's control by using an individual's name or by using a number, symbol, or other way to identify the individual. These regulations, however, do not govern the rights of the parties in adversary proceedings before the Board to obtain discovery from adverse parties; those rights are governed by part 1201 and part 1209 of this chapter. These regulations also are not meant to allow the alteration, either before or after the Board has issued a decision on an appeal, of evidence presented during the Board's adjudication of the appeal.
</p>
<p><b>&#167; 1205.3
 Definitions.
</b></p>
<p>The definitions of 5 U.S.C. 552a apply to this part. In addition, as used in this part:
</p>
<p>(a) <i>Inquiry</i> means a request by an individual regarding whether the Board has a record that refers to that individual.
</p>
<p>(b) <i>Request for access</i> means a request by an individual to look at or copy a record.
</p>
<p>(c) <i>Request for amendment</i> means a request by an individual to change the substance of a particular record by addition, deletion, or other correction.
</p>
<p>(d) <i>Requester</i> means the individual requesting access to or amendment of a record. The individual may be either the person to whom the requested record refers, a legal guardian acting on behalf of the individual, or a representative designated by that individual.
</p>
<p><b>&#167; 1205.4
 Disclosure of Privacy Act records.
</b></p>
<p>(a) Except as provided in 5 U.S.C. 552a(b), the Board will not disclose any personal record information from systems of records it maintains to any individual other than the individual to whom the record refers, or to any other agency, without the express written consent of the individual to whom the record refers, or his or her representative or attorney.
</p>
<p>(b) The Board's staff will take necessary steps, in accordance with the law and these regulations, to protect the security and integrity of the records and the personal privacy interests of the subjects of the records.</p>
<p><b>Subpart B--Procedures for Obtaining Records
</b></p>
<p><b>&#167; 1205.11
 Access to Board records.
</b></p>
<p>(a) <i>Submission of request.</i> Inquiries or requests for access to records must be submitted to the appropriate regional or field office of the Board, or to the Clerk of the Board, U.S. Merit Systems Protection Board, 1615 M Street, NW., Washington, DC 20419-0001. If the requester has reason to believe that the records are located in a regional or field office, the request must be submitted to that office. Requests submitted to the regional or field office must be addressed to the Regional Director or Chief Administrative Judge at the appropriate regional or field office listed in appendix II of 5 CFR part 1201.
</p>
<p>(b) <i>Form.</i> Each submission must contain the following information:
</p>
<p>(1) The name, address, and telephone number of the individual to whom the record refers;
</p>
<p>(2) The name, address, and telephone number of the individual making the request if the requester is someone other than the person to whom the record refers, such as a legal guardian or an attorney, along with evidence of the relationship. Evidence of the relationship may consist of an authenticated copy of:
</p>
<p>(i) The birth certificate of the minor child, and
</p>
<p>(ii) The court document appointing the individual legal guardian, or
</p>
<p>(iii) An agreement for representation signed by the individual to whom the record refers;
</p>
<p>(3) Any additional information that may assist the Board in responding to the request, such as the name of the agency that may have taken an action against an individual, or the docket number of the individual's case;
</p>
<p>(4) The date of the inquiry or request;
</p>
<p>(5) The inquirer's or requester's signature; and
</p>
<p>(6) A conspicuous indication, both on the envelope and the letter, that the inquiry is a "PRIVACY ACT REQUEST".
</p>
<p>(c) <i>Identification.</i> Each submission must follow the identification requirements stated in &#167; 1205.13 of this part.
</p>
<p>(d) <i>Payment.</i> Records usually will not be released until fees have been received.
</p>
<p>[64 FR 51043, Sept. 21, 1999, as amended at 65 FR 48886, Aug. 10, 2000]
</p>
<p><b>&#167; 1205.12
 Time limits and determinations.
</b></p>
<p>(a) <i>Board determinations.</i> The Board will acknowledge the request for access to records and make a determination on whether to grant it within 20 workdays after it receives the request, except under the unusual circumstances described below:
</p>
<p>(1) When the Board needs to obtain the records from other Board offices or a Federal Records Center;
</p>
<p>(2) When it needs to obtain and examine a large number of records;
</p>
<p>(3) When it needs to consult with another agency that has a substantial interest in the records requested; or
</p>
<p>(4) When other extenuating circumstances prevent the Board from processing the request within the 20-day period.
</p>
<p>(b) <i>Time extensions.</i> When unusual circumstances exist, the Board may extend the time for making a determination on the request for no more than 10 additional workdays. If it does so, it will notify the requester of the extension.
</p>
<p>(c) <i>Improper request.</i> If a request or an appeal is not properly labeled, does not contain the necessary identifying information, or is submitted to the wrong office, the time period for processing the request will begin when the correct official receives the properly labeled request and the necessary information.
</p>
<p>(d) <i>Determining officials.</i> The Clerk of the Board, a Regional Director, or a Chief Administrative Judge will make determinations on requests.
</p>
<p>[64 FR 51043, Sept. 21, 1999; 64 FR 71267, Dec. 21, 1999]
</p>
<p><b>&#167; 1205.13
 Identification.
</b></p>
<p>(a) <i>In person.</i> Each requester must present satisfactory proof of identity. The following items, which are listed in order of the Board's preference, are acceptable proof of the requester's identity when the request is made in person:
</p>
<p>(1) A document showing the requester's photograph;
</p>
<p>(2) A document showing the requester's signature; or
</p>
<p>(3) If the items described in paragraphs (a)(1) and (2) of the section are not available, a signed statement in which the requester asserts his or her identity and acknowledges understanding that misrepresentation of identity in order to obtain a record is a misdemeanor and subject to a fine of up to $5,000 under 5 U.S.C. 552a(i)(3).
</p>
<p>(b) <i>By mail.</i> The identification of a requester making a request by mail must be certified by a notary public or equivalent official or contain other information to identify the requester. Information could be the date of birth of the requester and some item of information in the record that only the requester would be likely to know.
</p>
<p>(c) <i>Parents of minors, legal guardians, and representatives.</i> Parents of minors, legal guardians, and representatives must submit identification under paragraph (a) or (b) of this section. Additionally, they must present an authenticated copy of:
</p>
<p>(1) The minor's birth certificate, and
</p>
<p>(2) The court order of guardianship, or
</p>
<p>(3) The agreement of representation, where appropriate.
</p>
<p><b>&#167; 1205.14
 Granting access.
</b></p>
<p>(a) The Board may allow a requester to inspect records through either of the following methods:
</p>
<p>(1) It may permit the requester to inspect the records personally during normal business hours at a Board office or other suitable Federal facility closer to the requester; or
</p>
<p>(2) It may mail copies of the records to the requester.
</p>
<p>(b) A requester seeking personal access to records may be accompanied by another individual of the requester's choice. Under those circumstances, however, the requester must sign a statement authorizing the discussion and presentation of the record in the accompanying individual's presence.
</p>
<p><b>&#167; 1205.15
 Denying access.
</b></p>
<p>(a) <i>Basis.</i> In accordance with 5 U.S.C. 552a(k)(2), the Board may deny access to records that are of an investigatory nature and that are compiled for law enforcement purposes. Those requests will be denied only where access to them would otherwise be unavailable under Exemption (b)(7) of the Freedom of Information Act.
</p>
<p>(b) <i>Form.</i> All denials of access under this section will be made in writing and will notify the requester of the right to judicial review.
</p>
<p><b>&#167; 1205.16
 Fees.
</b></p>
<p>(a) No fees will be charged except for making copies of records.
</p>
<p>(b) Photocopies of records duplicated by the Board will be subject to a charge of 20 cents a page.
</p>
<p>(c) If the fee to be assessed for any request is less than $100 (the cost to the Board of processing and collecting the fee), no charge will be made to the requester.
</p>
<p>(d) Fees for copying audio tapes and computer records will be charged at a rate representing the actual costs to the Board, as shown in paragraphs (d)(1) through (d)(3) of this section.
</p>
<p>(1) Audio tapes will be provided at a charge not to exceed $15 for each cassette tape.
</p>
<p>(2) Computer printouts will be provided at a charge of 10 cents a page.
</p>
<p>(3) Records reproduced on computer tapes, computer diskettes, or other electronic media, will be provided at the actual cost to the Board.
</p>
<p>(e) The Board will provide one copy of the amended parts of any record it amends free of charge as evidence of the amendment.</p>
<p><b>Subpart C--Amendment of Records
</b></p>
<p><b>&#167; 1205.21
 Request for amendment.
</b></p>
<p>A request for amendment of a record must be submitted to the Regional Director or Chief Administrative Judge of the appropriate regional or field office, or to the Clerk of the Board, U.S. Merit Systems Protection Board, 1615 M Street, NW., Washington, DC 20419-0001, depending on which office has custody of the record. The request must be in writing, must be identified conspicuously on the outside of the envelope and the letter as a "PRIVACY ACT REQUEST," and must include the following information:
</p>
<p>(a) An identification of the record to be amended;
</p>
<p>(b) A description of the amendment requested; and
</p>
<p>(c) A statement of the basis for the amendment, along with supporting documentation, if any.
</p>
<p>[64 FR 51043, Sept. 21, 1999, as amended at 65 FR 48886, Aug. 10, 2000]
</p>
<p><b>&#167; 1205.22
 Action on request.
</b></p>
<p>(a) <i>Amendment granted.</i> If the Board grants the request for amendment, it will notify the requester and provide him or her with a copy of the amendment.
</p>
<p>(b) <i>Amendment denied.</i> If the Board denies the request for amendment in whole or in part, it will provide the requester with a written notice that includes the following information:
</p>
<p>(1) The basis for the denial; and
</p>
<p>(2) The procedures for appealing the denial.
</p>
<p><b>&#167; 1205.23
 Time limits.
</b></p>
<p>The Clerk of the Board, Regional Director, or Chief Administrative Judge will acknowledge a request for amendment within 10 workdays of receipt of the request in the appropriate office except under the unusual circumstances described in paragraphs (a)(1) through (a)(4) of &#167; 1205.12 of this part.</p>
<p><b>Subpart D--Appeals
</b></p>
<p><b>&#167; 1205.31
 Submitting appeal.
</b></p>
<p>(a) A partial or complete denial, by the Clerk of the Board, by the Regional Director, or by the Chief Administrative Judge, of a request for amendment may be appealed to the Chairman, Merit Systems Protection Board, 1615 M Street, NW., Washington, DC 20419-0001 within 10 workdays from the date of the denial.
</p>
<p>(b) Any appeal must be in writing, must be clearly and conspicuously identified as a Privacy Act appeal on both the envelope and letter, and must include:
</p>
<p>(1) A copy of the original request for amendment of the record;
</p>
<p>(2) A copy of the denial; and
</p>
<p>(3) A statement of the reasons why the original denial should be overruled.
</p>
<p>[64 FR 51043, Sept. 21, 1999, as amended at 65 FR 48886, Aug. 10, 2000]
</p>
<p><b>&#167; 1205.32
 Decision on appeal.
</b></p>
<p>(a) The Chairman will decide the appeal within 30 workdays unless the Chairman determines that there is good cause for extension of that deadline. If an appeal is improperly labeled, does not contain the necessary information, or is submitted to an inappropriate official, the time period for processing that appeal will begin when the Chairman receives the appeal and the necessary information.
</p>
<p>(b) If the request for amendment of a record is granted on appeal, the Chairman will direct that the amendment be made. A copy of the amended record will be provided to the requester.
</p>
<p>(c) If the request for amendment of a record is denied, the Chairman will notify the requester of the denial and will inform the requester of:
</p>
<p>(1) The basis for the denial;
</p>
<p>(2) The right to judicial review of the decision under 5 U.S.C. 552a(g)(1)(A); and
</p>
<p>(3) The right to file a concise statement with the Board stating the reasons why the requester disagrees with the denial. This statement will become a part of the requester's record.</p>
</xhtmlContent>
</regulationsPart>
</regulationsChapter>
</regulationsTitle>
</regulations>
</agency>
</pai>
