[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]
[[Page 41167]]
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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