[Federal Register Volume 77, Number 207 (Thursday, October 25, 2012)]
[Notices]
[Pages 65206-65208]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-26241]


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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 system of records.

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SUMMARY: The Merit Systems Protection Board (MSPB) 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 that 
its location is in the Office of the Clerk of the Board.
    Also, the purpose(s) under the authority for maintenance of the 
system was amended to reflect that these records may be used to 
document and adjudicate appeals and other matters arising under the 
Board's appellate and original jurisdiction; locate appeal documents 
and files, physical or electronic; provide statistical data for 
reports, staff productivity, and other management functions; and 
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), and 
review of regulations of the Office of Personnel Management (OPM) under 
5 U.S.C. 1204(f), and reporting under 5 U.S.C. 1206. The MSPB is also 
adding a routine use: release to the public, including via the agency's 
Web site following issuance of a decision.
MSPB/GOVT-1

System name:
    Appeals and Case Records.

System location:
    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).

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 Office of Special 
Counsel (OSC) or another 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 OSC and have had an appeal 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 
may also contain individual appellants' names, social security numbers, 
home addresses, veterans' 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; 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.
    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):
    These records may be used to:
    a. Document and adjudicate appeals and other matters arising under 
the Board's appellate and original jurisdiction;
    b. Locate appeal documents and files, whether physical or 
electronic;
    c. Provide statistical data for reports, staff productivity, and 
other management functions; and
    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.

Routine uses of records maintained in the system, including categories 
of users and the purposes of such uses:
    Information from the record may be disclosed:
    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;
    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;
    c. To the Government Accountability Office (GAO) 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 (OMB) 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 (DOJ) 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 (DOJ) has agreed to represent the 
employee; or
    (4) The United States is a party to litigation or has an interest 
in such

[[Page 65207]]

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 DOJ 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 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;
    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
    o. To the public, including to the agency's Web site following 
issuance of a decision.

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 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 manager(s) and address:
    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).

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 part 1205 
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 part 
1205.

Contesting record procedures:
    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).
    Requests for amendment of records must follow the MSPB Privacy Act 
regulations at 5 CFR part 1205.
    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.

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 MSPB, OPM, EEOC, OSC; and
    d. Other individuals or organizations from whom 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. Central Regional Office, Merit Systems Protection Board, 230 
South Dearborn Street, 31st Floor, Chicago, Illinois 60604.
    3. Dallas Regional Office, Merit Systems Protection Board, 1100 
Commerce Street, Room 620, Dallas, Texas 75242.
    4. Denver Field Office, Merit Systems Protection Board, 165 
South Union Blvd., Suite 318, Lakewood, Colorado 80228.
    5. New York Field Office, Merit Systems Protection Board, 26 
Federal Plaza, Room 3137-A, New York, New York 10278.
    6. Northeastern Regional Office, Merit Systems Protection Board, 
1601 Market Street, Suite 1700, Philadelphia, Pennsylvania 19103.
    7. Western Regional Office, Merit Systems Protection Board, 201 
Mission Street, Suite 2310, San Francisco, California 94105.
    8. Washington, DC Regional Office, Merit Systems Protection 
Board, 1800 Diagonal Road, Suite 205, Alexandria, VA 22314.

DATES: Comments on this amendment must be received by the Clerk of the 
Board on or before November 26, 2012. (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.

[[Page 65208]]

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 William D. Spencer, Clerk of the Board, 
Merit Systems Protection Board, Suite 500, 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 email to [email protected].

FOR FURTHER INFORMATION CONTACT: William Spencer, Clerk of the Board, 
at (202) 653-7200.

William D. Spencer,
Clerk of the Board.
[FR Doc. 2012-26241 Filed 10-24-12; 8:45 am]
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