[Federal Register Volume 68, Number 111 (Tuesday, June 10, 2003)]
[Notices]
[Pages 34656-34659]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-14479]


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NATIONAL LABOR RELATIONS BOARD


Privacy Act of 1974; System of Records

AGENCY: National Labor Relations Board.

ACTION: Notice of revised Privacy Act System of Records.

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SUMMARY: The National Labor Relations Board (NLRB) Office of Inspector 
General (OIG) is revising its Privacy Act System of Records, NLRB 18, 
Office of Inspector General Investigative Files, to include as routine 
uses the disclosure of information (1) to the public when a legitimate 
public interest exists; (2) to the public when it is necessary for the 
protection from imminent threat to life or property; (3) to members of 
the President's Council on Integrity and Efficiency/Executive Council 
on Integrity and Efficiency (PCIE/ECIE) for the purpose of accurate 
reporting to the President and Congress on the activities of the 
Inspectors General; (4) to members of the PCIE/ECIE, the Department of 
Justice, the Federal Bureau of Investigation, or the U.S. Marshals 
Service, as necessary, for investigative qualitative assessment review. 
The PCIE/ECIE is establishing a peer review process to ensure that 
adequate internal safeguards and management procedures continue to 
exist. The objectives of the review are to assess whether adequate 
internal safeguards and management procedures are met, foster high-
quality investigations and investigative processes, ensure that the 
highest levels of professionalism are maintained, and promote 
consistency in investigative standards and practices within the 
Inspector General investigative community.
    The revision also includes the addition of routine uses to allow 
the disclosure of information to the Agency's legal representative; 
other Federal agencies in response to their requests in connection with 
background investigations; State and local bar associations for 
disciplinary proceeding and inquiries; the Office of Government Ethics 
for any purpose consistent with that office's mission; in association 
with the collection of debt, Program Fraud Civil Remedies Act 
litigation; and to the Office of Management and Budget when seeking 
advice regarding the Agency's obligations under the Privacy Act.

EFFECTIVE DATE: The changes to this System of Records will become 
effective without further notice 30 days from the date of this 
publication (July 10, 2003), unless comments are received on or before 
that date which result in further modifications.

ADDRESSES: Written comments regarding proposed revisions to the NLRB 
Privacy Act Systems of Records, NLRB-18 may be submitted to the 
Executive Secretary, National Labor Relations Board, 1099 14th Street, 
NW., Suite 11610, Washington, DC 20570. Copies of all comments received 
will be available for inspection between 8:30 a.m. and 5 p.m. in Room 
11600.

FOR FURTHER INFORMATION CONTACT: David P. Berry, Counsel to the 
Inspector General, Office of Inspector General, National Labor 
Relations Board, 1099 14th Street, NW., Suite 9820, Washington, DC 
20570, (202) 273-1960.

SUPPLEMENTARY INFORMATION: This publication is in accordance with the 
Privacy Act requirement that agencies publish their amended systems in 
the Federal Register when there is a revision, change, or addition. 
NLRB is amending the Routine Uses of System of Records, NLRB 18 Office 
of Inspector General Investigative files previously published at 57 FR 
11523 (Apr. 3, 1992).
    The Routine Use Notice is being amended to specifically allow for a 
legitimate public interest the disclosure of names of indicted or 
convicted individuals in the Office of Inspector General (OIG) 
Semiannual Report, monthly reports, and press releases or other forms 
of communication with the media. NLRB's objective in allowing 
disclosure of names is to enhance the deterrence of similar crimes 
against the Agency. In addition, the amended routine uses would allow 
the disclosure of information to the PCIE/ECIE for the preparation of 
reports to the President and Congress on the activities of the 
Inspectors General. Finally, the amendments would allow the disclosure 
of information to members of the PCIE/ECIE, the Department of Justice, 
the Federal Bureau of Investigation, or the U.S. Marshals Service, as 
necessary, for the purpose of investigative qualitative assessment 
reviews to ensure adequate internal safeguards and management 
procedures are maintained.
    The revision also includes the addition of routine uses to allow 
the disclosure of information to the Agency's legal representative; 
other Federal agencies in response to their requests in connection with 
background

[[Page 34657]]

investigations; State and local bar associations for disciplinary 
proceeding and inquiries; the Office of Government Ethics for any 
purpose consistent with that office's mission; in association with the 
collection of debt, Program Fraud Civil Remedies Act litigation; and to 
the Office of Management and Budget when seeking advice regarding the 
Agency's obligations under the Privacy Act.
    The notice contains minor typographical changes. Several data 
elements have also been updated and clarified: NLRB 18, Office of 
Inspector General Investigative Files, safeguards, retention and 
disposal, system manager(s) and address, and record source categories.

System Name:

    Office of Inspector General Investigative Files--NLRB 18.

Routine Uses of Records Maintained in the System, Including Categories 
of Users and the Purposes of Such Uses:

    These records may be disclosed as a routine use to other agencies, 
offices, establishments, and authorities, whether Federal, State, or 
local, (including State or local bar associations and other 
professional, regulatory, or disciplinary bodies) authorized or charged 
with the responsibility to investigate, litigate, prosecute, enforce, 
or implement a statute, rule, regulation, or order, where the record or 
information, by itself or in connection with other records or 
information, indicates a violation or potential violation of law, 
whether criminal, civil, administrative, or regulatory in nature, and 
whether arising by general statute or particular program statute, or by 
regulation, rule, or order pursuant thereto.
    These records may be disclosed, as a routine use, to the Agency's 
legal representative, to include the Department of Justice and other 
outside counsel, where the Agency is a party in litigation or has an 
interest in litigation when either (a) NLRB, or any component thereof; 
(b) any employee of NLRB in his or her official capacity; (c) any 
employee of NLRB in his or her individual capacity, where the 
Department of Justice has agreed or is considering a request to 
represent the employee; or (d) the United States, where NLRB determines 
that litigation is likely to affect NLRB or any of its components, is a 
party to litigation or has an interest in such litigation, and NLRB 
determines that the use of such records by the Department of Justice is 
relevant and necessary to litigation; provided however, that in each 
case, NLRB determines that disclosures to 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.
    These records may routinely be disclosed to other Federal agencies, 
in response to their requests in connection with the conduct of 
background checks. Disclosure will be made only to the extent that the 
information is relevant and necessary to the requesting agencies' 
function.
    These records may be disclosed, as a routine use, to the Office of 
Government Ethics for any purpose consistent with that office's 
mission, including the compilation of statistical data.
    These records may be disclosed, as a routine use, to debt 
collection contractors for the purpose of collecting delinquent debts 
as authorized by the Debt Collection Act of 1982, 31 U.S.C. 3718. These 
records may be disclosed, as a routine use, to agency personnel 
responsible for bringing Program Fraud Civil Remedies Act litigation, 
to the persons constituting the tribunal hearing such litigation or any 
appeals therefrom, and to counsel for the defendant party in any such 
litigation.
    These records may be disclosed, as a routine use, for a legitimate 
public interest to the news media and public to provide information on 
events in the criminal process following an indictment, the filing of 
formal charges by another means, or a conviction; or when necessary for 
protection from imminent threat to life or property. These records may 
be disclosed, as a routine use, to members of the President's Council 
on Integrity and Efficiency/Executive Council on Integrity and 
Efficiency, for the preparation of reports to the President and 
Congress on the activities of the Inspectors General. These records may 
be disclosed, as a routine use, to members of the President's Council 
on Integrity and Efficiency/Executive Council on Integrity and 
Efficiency, the Department of Justice, the Federal Bureau of 
Investigation, or the U.S. Marshals Service, as necessary, for the 
purpose of conducting qualitative assessment reviews of the 
investigative operations of NLRB OIG to ensure that adequate internal 
safeguards and management procedures are maintained.
    These records may be disclosed, as a routine use, to the Office of 
Management and Budget in order to obtain that office's advice regarding 
the NLRB's obligations under the Privacy Act.

    Dated: June 4, 2003.

    By Direction of the Board.
Lester A. Heltzer,
Acting Executive Secretary, National Labor Relations Board.
NLRB 18

System Name:
    Office of Inspector General Investigative Files.

System Location:
    Office of Inspector General, National Labor Relations Board, 1099 
14th Street, NW., Suite 9820, Washington, DC 20570, (202) 273-1960.

Categories of Individuals Covered by the System:
    Subject individuals include, but are not limited to, current and 
former employees; contractors, subcontractors, their agents, or 
employees; and others whose actions affect the NLRB, its programs, and 
operations.

Categories of the Records in the System:
    All correspondence relevant to the investigation; all internal 
staff memoranda; copies of all subpoenas issued during the 
investigation; affidavits, statements from witnesses, and transcripts 
of testimony taken in the investigation and accompanying exhibits; 
documents and records or copies obtained during the investigation; 
working papers of the staff; other documents and records relating to 
the investigations, and records relating to ``Hotline'' complaints.

Authority for Maintenance of the System:
    Pub. L. 95-452, as amended, 5 U.S.C. app. at 1184 (1988); 5 U.S.C. 
552a.

Purpose(s):
    These records are used by the Inspector General's Office in the 
investigation of programs and operations of the National Labor 
Relations Board pursuant to the Inspector General Act Amendments of 
1988, 5 U.S.C. app. at 1184 (1988).

Routine Uses of Records Maintained in the System, Including Categories 
of Users and the Purposes of Such Uses:
    Other agencies, offices, establishments, and authorities, whether 
Federal, State, or local, (including State or local bar associations 
and other professional, regulatory, or disciplinary bodies) authorized 
or charged with the responsibility to investigate, litigate, prosecute, 
enforce, or implement a statute, rule, regulation, or order, where the 
record or information, by itself or in connection with other records or 
information, indicates a violation or potential violation of law, 
whether

[[Page 34658]]

criminal, civil, administrative, or regulatory in nature, and whether 
arising by general statute or particular program statute, or by 
regulation, rule, or order pursuant thereto.
    Any source from which information is requested in the course of an 
investigation, to the extent necessary to identify the individual, 
inform the source of the nature and purpose of the investigation, and 
to identify the type of information requested.
    Independent auditors or other private firms with which the Office 
of Inspector General has contracted to carry out an independent audit 
or noncriminal investigation, or to analyze, collate, aggregate, or 
otherwise refine data collected in the system of records. These 
contractors will be required to maintain Privacy Act safeguards with 
respect to such records.
    A court, magistrate, or administrative tribunal in the course of 
presenting evidence, including disclosures to opposing counsel or 
witnesses in the course of civil discovery, litigation, or settlement 
negotiations, or in connection with criminal law proceedings, when the 
NLRB determines it is relevant and necessary to the litigation.
    A court or other adjudicative body before which the NLRB is 
authorized to appear, 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 NLRB has agreed to represent the employee, or (d) the United 
States, where the NLRB determines that litigation is likely to affect 
the NLRB or any of it components, is a party to litigation or has 
interest in such litigation, and the NLRB determines that disclosure of 
the records to a court or other adjudicative body is relevant, 
necessary, and compatible with the purpose for which the records were 
collected.
    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, where the NLRB 
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 NLRB to be relevant and necessary to the litigation, 
provided that in each case the NLRB 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.
    These records may be disclosed, as a routine use, to the Agency's 
legal representative, to include the Department of Justice and other 
outside counsel, where the Agency is a party in litigation or has an 
interest in litigation when either (a) NLRB, or any component thereof; 
(b) Any employee of NLRB in his or her official capacity; (c) Any 
employee of NLRB in her or her individual capacity, where the 
Department of Justice has agreed or is considering a request to 
represent the employee; or (d) The United States, where NLRB determines 
that litigation is likely to affect NLRB or any of its components, is a 
party to litigation or has an interest in such litigation, and NLRB 
determines that the use of such records by the Department of Justice is 
relevant and necessary to litigation; provided however, that in each 
case, NLRB determines that disclosures 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.
    These records may routinely be disclosed to other Federal agencies, 
in response to their requests in connection with the conduct of 
background checks. Disclosure will be made only to the extent that the 
information is relevant and necessary to the requesting agencies' 
function.
    These records may be disclosed, as a routine use, to the Office of 
Government Ethics for any purpose consistent with that office's 
mission, including the compilation of statistical data.
    These records may be disclosed, as a routine use, to debt 
collection contractors for the purpose of collecting delinquent debts 
as authorized by the Debt Collection Act of 1982, 31 U.S.C. 3718.
    These records may be disclosed, as a routine use, to agency 
personnel responsible for bringing Program Fraud Civil Remedies Act 
litigation, to the persons constituting the tribunal hearing such 
litigation or any appeals therefrom, and to counsel for the defendant 
party in any such litigation.
    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 an individual about whom the record is maintained. In such cases, 
the member has no greater right to access to the record than does the 
individual.
    These records may be disclosed, as a routine use, for a legitimate 
public interest to the news media and public to provide information on 
events in the criminal process following an indictment, the filing of 
formal charges by another means, or a conviction; or when necessary for 
protection from imminent threat to life or property.
    These records may be disclosed, as a routine use, to members of the 
President's Council on Integrity and Efficiency/Executive Council on 
Integrity and Efficiency, for the preparation of reports to the 
President and Congress on the activities of the Inspectors General.
    These records may be disclosed, as a routine use, to members of the 
President's Council on Integrity and Efficiency/Executive Council on 
Integrity and Efficiency, the Department of Justice, the Federal Bureau 
of Investigation, or the U.S. Marshals Service, as necessary, for the 
purpose of conducting qualitative assessment reviews of the 
investigative operations of NLRB OIG to ensure that adequate internal 
safeguards and management procedures are maintained.
    These records may be disclosed, as a routine use, to the Office of 
Management and Budget in order to obtain that office's advice regarding 
the NLRB's obligations under the Privacy Act.
    The Department of Justice for the purpose of obtaining its advice 
in the event that the NLRB concludes it is desirable or necessary in 
determining whether particular records are required to be disclosed 
under the Freedom of Information Act.

Policies and Practices for Storing, Retrieving, Accessing, Retaining, 
and Disposing of Records in the System:
Storage:
    The Office of Inspector General Investigative Files consists of 
paper records maintained in files, records on computer disks and 
diskettes, and records on computer tapes.

Retrievability:
    The records are retrievable by case number and individual name.

Safeguards:
    These records are only available to those persons whose official 
duties require such access. The records are kept in a limited access 
area during on duty hours. During off-duty hours they are kept inside 
locked offices, in locked file cabinets, or in safes. Computer records 
can be accessed only through use of confidential procedures and 
passwords.

[[Page 34659]]

Retention and Disposal:
    As prescribed in NLRB Records Schedule, Job Number N1-025-01-1, OIG 
Investigative Files are generally destroyed 10 years after a case is 
closed. Cases that are unusually significant for documenting major 
violations of criminal law or ethical standards are offered to the 
National Archives for permanent retention.

System Manager(s) and Address:
    Office of the Inspector General, National Labor Relations Board, 
1099 14th Street, NW., Suite 9820, Washington, DC 20570, (202) 273-
1960.

Notification Procedure:
    The OIG Investigative Files are exempt pursuant to 5 U.S.C. 552a 
(j)(2) and (k)(2); however, consideration will be given to requests 
addressed to the system manager. The request should include the 
individual's name and date of birth.

Record Access Procedure:
    See ``Notification Procedures'' above. Requestors should specify 
the record contents being sought. Under section 7(b) of the Inspector 
General Act of 1978 (Pub. L. 95-452), the identity of an employee or 
other personal source who makes a complaint or provides information to 
the Office of the Inspector General (OIG) via the OIG ``Hotline'' is 
exempt from disclosure unless the Inspector General determines such 
disclosure is unavoidable during the course of an investigation.

Contesting Record Procedures:
    Contact the system manager at the above address, and identify the 
record, specify the information to be contested, and the corrective 
action sought with supporting justification.

Record Source Categories:
    The Office of Inspector General collects information from a wide 
variety of sources, including information from the NLRB and other 
Federal, state, and local agencies, witnesses, complainants and other 
nongovernmental sources.

Systems Exemptions from Certain Provisions of the Act:
    Pursuant to 5 U.S.C. 552a(j)(2), this system of records, to the 
extent it consists of investigatory material compiled for criminal law 
enforcement purposes, is exempted from all provisions of the Privacy 
Act of 1974, 5 U.S.C. 552a, except subsections (b), (c) (1) and (2), 
(e)(4) (A) through (F), (e) (6), (7), (9), (10), and (11), and (i).
    Pursuant to 5 U.S.C. 552a(k)(2), this system of records, to the 
extent it consists of investigatory material compiled for law 
enforcement purposes other than material within the scope of the 
exemption at 5 U.S.C. 552a(j)(2), is exempted from the following 
provisions of the Privacy Act of 1974, 5 U.S.C. 552a (c)(3), (d), 
(e)(1), (e)(4) (G), (H), and (I), and (f).
    These exemptions are contained in 29 CFR part 102.

[FR Doc. 03-14479 Filed 6-9-03; 8:45 am]
BILLING CODE 7545-01-P