[Federal Register Volume 67, Number 225 (Thursday, November 21, 2002)]
[Notices]
[Pages 70254-70256]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-29561]


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MERIT SYSTEMS PROTECTION BOARD


Privacy Act of 1974; Amendment of Privacy Act System of Records

AGENCY: Merit Systems Protection Board.

ACTION: Notice of amendment to existing system of records.

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SUMMARY: The Merit Systems Protection Board (MSPB or the Board) is 
issuing public notice of its intent to amend a Government-wide system 
of records that it maintains subject to the Privacy Act of 1974 (5 
U.S.C. 552a). MSPB/GOVT-1, ``Appeals and Case Records,'' is being 
amended to reflect the Board's implementation of a Document Management 
System (DMS) to manage all documents created by the Board during the 
processing of a case and all documents that are received electronically 
from the parties. (At present, the DMS is used only to manage documents 
created by the Board. When the Board implements its planned electronic 
filing system, the DMS will be used to manage documents received from 
the parties as well.) The

[[Page 70255]]

Board is also adding a routine use for the disclosure of information in 
case files to officials of State or local bar associations. The amended 
system of records reads as follows:
MSPB/GOVT-1

System name:
    Appeals and Case Records.

System location:
    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, and MSPB regional and field offices 
(see list of office addresses in the Appendix).

Categories of individuals covered by the system:
    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 Special Counsel or 
a Federal agency has petitioned MSPB concerning any matter over which 
MSPB has jurisdiction.
    b. Current and former employees of State and local governments who 
have been investigated by the Special Counsel and have had a hearing 
before MSPB concerning possible violation of the Hatch Act.

Categories of records in the system:
    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 
also contain individual appellant's names, social security numbers, 
home addresses, veteran's status, race, sex, national origin, and 
disability status data.
    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, and a Case Management 
System to record activities in cases, track the location of case files, 
and produce statistical reports on cases. When completely implemented, 
the CPS will also include an Electronic Filing and Electronic 
Publishing System to allow the parties to send and receive case 
documents electronically.

    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.

Authority for maintenance of the system:
    5 U.S.C. 1204.

Purpose(s):
    a. These records are used to document and adjudicate appeals and 
other matters arising under the Board's appellate and original 
jurisdiction.
    b. These records also serve a management information function by 
providing statistical data for reports, physical file location, and 
staff productivity.

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 officials of the Equal Employment Opportunity Commission or a 
Special Panel convened under authority of 5 U.S.C. 7702 when requested 
in connection with the performance of their authorized duties;
    b. To officials of the Office of Personnel Management, the Federal 
Labor Relations Authority, the Equal Employment Opportunity Commission, 
and the Office of Special Counsel in connection with the performance of 
their authorized duties;
    c. To the Government Accounting Office in response to an official 
inquiry or investigation;
    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;
    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;
    f. To the Office of Management and Budget at any stage in the 
legislative process in connection with private relief legislation as 
set forth in OMB Circular No. A-19;
    g. To the Department of Justice 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
    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;
    h. 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 Department of Justice has agreed to represent the employee; 
or
    (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;
    i. To any person making a status inquiry regarding a proceeding 
before the MSPB;
    j. To the National Archives and Records Administration in records 
management inspections conducted under authority of 44 U.S.C. 2904 and 
2906;
    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;
    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);
    m. To officials of the United States Court of Appeals for the 
Federal Circuit in connection with the performance of their judicial 
functions; or
    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.

[[Page 70256]]

Policies and practices for storing, retrieving, accessing, retaining 
and disposing of records in the system:
Storage:
    These records are maintained in file folders and binders and in 
computer storage media.

Retrievability:
    These records are retrieved by the names of the individuals on whom 
they are maintained, by social security numbers, and by MSPB docket 
numbers.

Safeguards:
    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.

Retention and disposal:
    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.

System managers and addresses:
    The Clerk of the Board and the Office of Information Resources 
Management, Merit Systems Protection Board, 1615 M Street, NW, 
Washington, DC 20419, and MSPB regional and field offices (see list of 
office addresses in the Appendix).

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 inquiries.

Record access procedures:
    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 1205.11.

Contesting record procedures:
    Individuals requesting amendment should write 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 amendment of records 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.

Appendix

Regional and Field Offices of the Merit Systems Protection Board

1. Atlanta Regional Office, Merit Systems Protection Board, 401 W. 
Peachtree Street, NE, Suite 1050, Atlanta, Georgia 30308
2. Boston Field Office, Merit Systems Protection Board, 99 Summer 
Street, Suite 1810, Boston, Massachusetts 02110
3. Central Regional Office, Merit Systems Protection Board, 230 
South Dearborn Street, 31st Floor, Chicago, Illinois 60604
4. Dallas Field Office, Merit Systems Protection Board, 1100 
Commerce Street, Room 620, Dallas, Texas 75242
5. Denver Field Office, Merit Systems Protection Board, 165 South 
Union Blvd., Suite 318, Lakewood, Colorado 80228
6. New York Field Office, Merit Systems Protection Board, 26 Federal 
Plaza, Room 3137-A, New York, New York 10278
7. Northeastern Regional Office, U.S. Customhouse, Room 501, Second 
and Chestnut Streets, Philadelphia, Pennsylvania 19106
8. Western Regional Office, Merit Systems Protection Board, 250 
Montgomery Street, Suite 400, San Francisco, California 94104
9. Seattle Field Office, Merit Systems Protection Board, 915 Second 
Avenue, Room 1840, Seattle, Washington 98174
10. Washington, DC Regional Office, Merit Systems Protection Board, 
1800 Diagonal Road, Suite 205, Alexandria, Virginia 22314

DATES: Comments on this amendment must be received by the Clerk of the 
Board on or before December 31, 2002. (The Privacy Act, at 5 U.S.C. 
552a(e)(11), requires that the public be provided a 30-day period in 
which to comment on an agency's intended use of information in a system 
of records. Appendix I to Office of Management and Budget (OMB) 
Circular A-130 requires an additional 10-day period--for a total of 40 
days--in which to make such comments.) The amended system of records 
will be effective, as proposed, at the end of the comment period unless 
the Board determines, upon review of the comments received, that 
changes should be made. In that event, the Board will publish a revised 
notice in the Federal Register.

ADDRESSES: Submit comments to the Office of the Clerk of the Board, 
ATTN: Privacy Act Officer, Merit Systems Protection Board, 1615 M St., 
NW, Washington, DC 20419. Comments may be submitted by regular mail to 
this address, by facsimile to (202) 653-7130, or by e-mail to 
[email protected].

FOR FURTHER INFORMATION CONTACT: Michael H. Hoxie, Privacy Act Officer, 
at (202) 653-7200.

    Dated: November 15, 2002.
Bentley M. Roberts, Jr.,
Clerk of the Board.
[FR Doc. 02-29561 Filed 11-20-02; 8:45 am]
BILLING CODE 7400-01-P