[Federal Register Volume 61, Number 128 (Tuesday, July 2, 1996)]
[Notices]
[Pages 34448-34449]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-16865]


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MERIT SYSTEMS PROTECTION BOARD


Privacy Act of 1974; Proposed New System of Records

AGENCY: Merit Systems Protection Board.

ACTION: Privacy Act of 1974; Notice of New System of Records.

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SUMMARY: As required by The Privacy Act of 1974, 5 U.S.C. 552a, the 
Merit Systems Protection Board (Board) is publishing a notice proposing 
establishment of a new system of records. This new records system is 
the Office of Appeals Counsel Decision Data Base. The system is 
intended to provide research materials to Board employees involved in 
the adjudication of petitions for review and other matters under the 
Board's original and appellate jurisdictions. Information contained in 
these records will be used in drafting various legal documents in the 
adjudication process.

DATES: Comments must be received on or before August 1, 1996. This 
system of records becomes effective as proposed, without further 
notice, on September 3, 1996, unless comments are received which would 
result in a contrary determination. Comments may be mailed to the Merit 
Systems Protection Board, Office of the Clerk of the Board, 1120 
Vermont Avenue, NW., Washington, DC. 20419, or faxed to the same 
address on 202-653-7130. Electronic mail comments may be sent via the 
Internet to [email protected].

FOR FURTHER INFORMATION CONTACT:
Michael H. Hoxie, Office of the Clerk of the Board, 202-653-7200.

    Dated: June 27, 1996.
Robert E. Taylor,
Clerk of the Board.
MSPB/INTERNAL-4
System name:
    Office of Appeals Counsel Decision Data Base
System location:
    Office of Appeals Counsel, Merit Systems Protection Board (MSPB), 
1120 Vermont Avenue, NW., Washington, DC 20419.
Categories of individuals covered by the system:
    a. Current and former Federal employees, applicants for employment, 
annuitants, and other individuals who have filed petitions or requests 
for review with MSPB or its predecessor agency, or have been a party in 
an original jurisdiction case.

[[Page 34449]]

Categories of records in the system:
    a. These records contain advisory memoranda prepared by the Office 
of Appeals Counsel for the Board, or individual members of the Board, 
and instructions from members of the Board regarding the preparation of 
decisions for Board issuance. These records also contain individual 
appellant's names, and may contain social security numbers, home 
addresses, veterans status, race, sex, national origin and disability 
status data.
Authority for maintenance of the system:
    5 U.S.C. 1205, 1206, 1207, 1208, 7701 and 7702.
Purpose:
    These records are used for internal legal research by Board 
employees involved in adjudicating petitions for review and other 
matters arising under the Board's original and appellate jurisdictions.
Routine uses of records maintained in the system, including categories 
of users and the purpose of such uses:
    Information from the record may be disclosed:
    a. to the Government Accounting Office in response to an official 
inquiry or investigation;
    b. to the Department of Justice for use in litigation when:
    (1) The Board, or any component thereof; or
    (2) Any employee of the Board in the employee's official capacity; 
or
    (3) Any employee of the Board in the employee's individual capacity 
where the Department of Justice has agreed to represent the employee; 
or
    (4) The United States, where the agency determines that litigation 
is likely to affect the agency or any of its components, is a party to 
litigation or has an interest in such litigation, and the use of such 
records by the Department of Justice is deemed by the agency to be 
relevant and necessary to the litigation, provided, however, that in 
each case, the agency determines that disclosure of the records to the 
Department of Justice is a use of the information contained in the 
records that is compatible with the purpose for which the records were 
collected, or approval or consultation is required.
    c. In any proceeding before a court or adjudicative body before 
which the Board is authorized to appear, when:
    (1) The Board, or any component thereof; or
    (2) Any employee of the Board in the employee's official capacity; 
or
    (3) Any employee of the Board in the employee's individual capacity 
where the agency has agreed to represent the employee; or
    (4) The United States, where they agency determines that litigation 
is likely to affect the agency or any of its components, is a party to 
litigation or has an interest in such litigation, and the agency 
determines that use of such records is relevant and necessary to the 
litigation, provided, however, that in each case the agency determines 
that the disclosure of the records to the Department of Justice is a 
use of the information contained in the records that is compatible with 
the purpose for which the records were collected, or approval or 
consultation is required.
    d. To the National Archives and Records Administration in records 
management inspections conducted under authority of 44 U.S.C. 2904 and 
2906; and
    e. In response to a request for discovery or for appearance of a 
witness, if the requested information is relevant to the subject matter 
involved in a pending judicial or administrative proceeding.
Policies and practices for storing, retrieving, accessing, retaining 
and disposing of records in the system:
Storage:
    These records are maintained in electronic form on a file server 
connected to a local area network serving the Office of Appeals 
Counsel.
Retrievability:
    These records are retrieved by the names of the individuals on whom 
they are maintained, and by MSPB docket numbers.
Safeguards:
    Access to these records is limited to persons whose official duties 
require such access. Automated records are protected from unauthorized 
access through password identification procedures and other system-
based protection methods.
Retention and disposal:
    Electronic records in this system may be maintained indefinitely, 
or until the Board no longer needs them.
System manager and address:
    The Office of Appeals Counsel, 1120 Vermont Avenue, NW., 
Washington, DC. 20419.
Notification procedures:
    Individuals wishing to inquire whether this system of records 
contains information about them should contact the Clerk of the Board 
and must follow the MSPB Privacy Act regulations at 5 CFR 1205.11 
regarding such inquires.
Record access procedures:
    Individuals requesting access to their records should contact the 
Clerk of the Board. Such requests should be addressed to the Clerk of 
the Board, Merit Systems Protection Board, 1120 Vermont Avenue, NW., 
Washington, DC 20419. Requests for access to records must follow the 
MSPB Privacy Act regulations at 5 CFR 1205.11.
Contesting record procedures:
    Individuals requesting amendment of records should write the Clerk 
of the Board. Requests must follow the MSPB Privacy act regulations at 
5 CFR 1205.21.
    These provisions for amendment of the record are not intended to 
permit the alteration of evidence presented in the course of 
adjudication before the MSPB either before or after the MSPB has 
rendered a decision on the appeal.
Record source categories:
    The sources of these records are:
    a. The individual to whom the record pertains;
    b. The agency employing the above individual;
    c. The Merit Systems Protection Board, the Office of Personnel 
Management, the Equal Employment Opportunity Commission, the Office of 
the Special Counsel; and
    d. Other individuals or organizations from whom the MSPB has 
received testimony, affidavits or other documents.

[FR Doc. 96-16865 Filed 7-1-96; 8:45 am]
BILLING CODE 7400-01-M