[Federal Register Volume 64, Number 145 (Thursday, July 29, 1999)]
[Notices]
[Pages 41167-41168]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-19405]



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NATIONAL LABOR RELATIONS BOARD


Privacy Act of 1974; Publication of Revised System of Records 
Notice

AGENCY: National Labor Relations Board (NLRB).

ACTION: Revised publication of System of Records Notice NLRB-3, 
Biographical Data File--Presidential Appointees.

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SUMMARY: The Privacy Act of 1974, as amended, requires that each agency 
publish a notice of a proposed new System of Records, as well as 
proposals to revise existing Systems of Records. This notice alters an 
existing Privacy Act System of Records Notice NLRB-3, Biographical Data 
File--Presidential Appointees, by deleting one routine use, amending 
the language of three routine uses, updating the addresses of system 
locations, and updating the citations referring to 29 CFR 102.117; as 
well as making several insignificant administrative language revisions.
    All persons are advised that in the absence of submitted comments, 
views, or arguments considered by the NLRB as warranting modification 
of the notice as herewith to be published, it is the intention of the 
NLRB that the notice shall be effective upon expiration of the comment 
period without further action by this Agency.

DATES: The amended System of Records Notice will become effective 
without further notice 30 days from the date of the publication (August 
27, 1999) unless comments are received on or before that date which 
result in a contrary determination.

ADDRESSES: All persons who desire to submit written comments, views, or 
arguments for consideration by the NLRB in connection with the proposed 
revised System of Records Notice shall file them with the Executive 
Secretary, National Labor Relations Board, 1099 14th Street, NW, Room 
11600, Washington, DC 20570-0001.
    Copies of all such communications will be available for examination 
by interested persons during normal business hours in the Office of the 
Executive Secretary, National Labor Relations Board, 1099 14th Street, 
NW, Room 11600, Washington, DC 20570-0001.

FOR FURTHER INFORMATION CONTACT: John J. Toner, Executive Secretary, 
National Labor Relations Board, 1099 14th Street, NW, Room 11600, 
Washington, DC 20570-0001.

SUPPLEMENTARY INFORMATION: The following changes have been made to the 
existing NLRB System of Records Notice NLRB-3, Biographical Data File--
Presidential Appointees:
    1. Routine use 1 has been deleted because the specified ``need to 
know'' in it is authorized by 5 U.S.C. 552a(b)(1)(5).
    2. The language of routine use 3 has been amended to specify that 
on disclosure to an inquiring congressional office, the subject 
individual must be a constituent about whom the records are maintained.
    3. Routine use 4 has been amended by changing reference from 
``Agency'' to ``NLRB'' for more specificity.
    4. Routine use 5 has been amended to specify more exactly the 
information that may be disclosed to a court or an adjudicative body in 
the course of presenting evidence or argument including disclosure to 
opposing counsel or witnesses in the course of civil discovery.
    5. The address of system location in NLRB-2 has been changed from 
``NLRB, 1717 Pennsylvania Avenue, NW, Washington, DC 20570-0001'' to 
``NLRB, 1099 14th Street, NW, Washington, DC 20570-001.''
    6. Reference to 29 CFR 102.117 citations have been changed to read 
as follows for the paragraphs in Notifications Procedures, 29 CFR 
102.117(f); Records Access Procedures, 29 CFR 102.117(g) and (h); and 
Contesting Records Procedures, 29 CFR 102.117(i).
    A report of the proposal to revise this system of records was filed 
pursuant to 5 U.S.C. 552(r) with Congress and the Office of Management 
and Budget.

    Dated: Washington, D.C., July 2, 1999.
John J. Toner,
Executive Secretary.
NLRB-3

SYSTEM NAME:
    Biographical Data File--Presidential Appointees.

SECURITY CLASSIFICATION:
    None.

SYSTEM LOCATION:
    Division of Information, NLRB, 1099 14th Street, NW, Washington, DC 
20570-0001.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Present and former Presidential appointees to NLRB positions.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Records may include biographical sketches; news releases, news 
articles or speeches and other newsmaking activities; photographs, and 
related materials.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    29 U.S.C. 153(a) and (d), 54(a); 44 U.S.C. 3101.

PURPOSE:
    These records document pertinent aspects of the personal and 
professional history of NLRB's most senior officials.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSES OF SUCH USES:
    The records, or information contained therein may be disclosed to:
    1. Individuals who need the information in connection with the 
processing of an appeal, grievance, or complaint.
    2. The public, upon demonstrated interest.
    3. A Member of Congress or to a congressional staff member in 
response to an inquiry of the congressional office made at the written 
request of the constituent about whom the records are maintained.
    4. The Department of Justice for use in litigation when either (a) 
the NLRB or any component thereof, (b) any employee of the NLRB in his 
or her official capacity, (c) any employee of the NLRB in his or her 
individual capacity where the Department of Justice has agreed to 
represent the employee; or (d) the United States Government where the 
NLRB determines that litigation is likely to affect the NLRB or any of 
its components, is a party to litigation or has interest in such 
litigation, and the use of such records by the Department of Justice is 
deemed by the NLRB to be relevant and necessary to the litigation, 
provided 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.
    5. A court, a magistrate, administrative tribunal, or other 
adjudicatory body in the course of presenting evidence or argument, 
including disclosure to opposing counsel or witnesses in the course of 
civil discovery, litigation, or settlement negotiations, or in 
connection with criminal law proceedings, when: (a) The NLRB or any 
component thereof; or (b) any employee of the NLRB in his or her 
official capacity; or (c) any employee of the NLRB in his or her 
individual capacity where the NLRB has agreed to represent the 
employee; or (d) the United States Government, is a party to litigation 
or has interest in such litigation, and determines that such disclosure 
is relevant and necessary to the litigation and that the use of such

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records is therefore deemed by the NLRB to be for a purpose that is 
compatible with the purpose for which the records were collected.

DISCLOSURE TO CONSUMER REPORTING AGENCIES:
    None.

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, 
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
    Maintained on original sources or related papers in file folders.

RETRIEVABLE:
    Alphabetically by name.

SAFEGUARDS:
    Maintained in file cabinets within the Division of Information. 
During duty hours, cabinets are under the surveillance of office 
personnel charged with custody of the records, and after duty hours are 
behind locked doors.

RETENTION AND DISPOSAL:
    Permanently retained.

SYSTEM MANAGER(S) AND ADDRESS:
    Director, Division of Information, NLRB, 1099 14th Street, NW, 
Washington, DC 20570-0001.

NOTIFICATION PROCEDURE:
    An individual may inquire as to whether this system contains a 
record pertaining to him or her by directing a request to the System 
Manager in accordance with the procedures set forth in 29 CFR 
102.117(f).

RECORD ACCESS PROCEDURES:
    An individual seeking to gain access to records in this system 
pertaining to him or her should contact the System Manager in 
accordance with the procedures set forth in 29 CFR 102.117(g) and (h).

CONTESTING RECORD PROCEDURES:
    An individual may request amendment of a record pertaining to such 
individual maintained in this system by directing a request to the 
System Manager in accordance with the procedures set forth in 29 CFR 
102.117(i).

RECORD SOURCE CATEGORIES:
    Information in this system is submitted by the individual, written 
by Agency staff and approved by the individual, and obtained from 
general news sources.

[FR Doc. 99-19405 Filed 7-28-99; 8:45 am]
BILLING CODE 7545-01-M