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Notice2025-16314

Privacy Act of 1974; System of Records

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Published
August 26, 2025
Effective
September 25, 2025

Issuing agencies

Merit Systems Protection Board

Abstract

In accordance with the Privacy Act of 1974, the U.S. Merit Systems Protection Board (MSPB) proposes to establish a new MSPB system of records titled "MSPB--1, Appeals and Case Records," and is separately and simultaneously proposing rescindment of the current government-wide system of records titled "MSPB/GOVT--1, Appeals and Case Records." Both the new system of records and the system of records to be rescinded include information that MSPB collects, maintains, and uses to perform MSPB's statutory functions.

Full Text

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<title>Federal Register, Volume 90 Issue 163 (Tuesday, August 26, 2025)</title>
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[Federal Register Volume 90, Number 163 (Tuesday, August 26, 2025)]
[Notices]
[Pages 41598-41600]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-16314]


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MERIT SYSTEMS PROTECTION BOARD


Privacy Act of 1974; System of Records

AGENCY: Merit Systems Protection Board

ACTION: Notice of a new system of records.

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SUMMARY: In accordance with the Privacy Act of 1974, the U.S. Merit 
Systems Protection Board (MSPB) proposes to establish a new MSPB system 
of records titled ``MSPB--1, Appeals and Case Records,'' and is 
separately and simultaneously proposing rescindment of the current 
government-wide system of records titled ``MSPB/GOVT--1, Appeals and 
Case Records.'' Both the new system of records and the system of 
records to be rescinded include information that MSPB collects, 
maintains, and uses to perform MSPB's statutory functions.

DATES: Please submit comments on or before September 25, 2025. This new 
system is effective immediately, with the exception of the routine 
uses, which are effective September 25, 2025.

ADDRESSES: You may submit written comments to the Office of the Clerk 
of the Board by email to <a href="/cdn-cgi/l/email-protection#6a1a18031c0b09132a07191a08440d051c"><span class="__cf_email__" data-cfemail="c9b9bba0bfa8aab089a4bab9abe7aea6bf">[email&#160;protected]</span></a> or by mail to Clerk of the 
Board, U.S. Merit Systems Protection Board, 1615 M Street NW, 
Washington, DC 20419. All comments must reference ``MSPB--1, Appeals 
and Case Records SORN.'' Regardless of the method used for submitting 
comments or material, all submissions will be posted publicly, without 
change, to MSPB's website (<a href="https://www.mspb.gov">https://www.mspb.gov</a>) and will include any 
personal information you provide, such as your name, address, phone 
number, email address, or any other personally identifying information 
in your comment or materials.

FOR FURTHER INFORMATION CONTACT: Gina K. Grippando, Clerk of the Board, 
Office of the Clerk of the Board, 1615 M Street NW, Washington, DC 
20419; (202) 653-7200; <a href="/cdn-cgi/l/email-protection#4030322936212339002d3330226e272f36"><span class="__cf_email__" data-cfemail="19696b706f787a6059746a697b377e766f">[email&#160;protected]</span></a>. Please include ``MSPB--1, 
Appeals and Case Records SORN'' with your question(s).

SUPPLEMENTARY INFORMATION: In accordance with the Privacy Act of 1974, 
5 U.S.C. 552a, (Privacy Act), MSPB proposes to establish a new MSPB 
system of records titled ``MSPB--1, Appeals and Case Records'' to 
replace the current government-wide system of records titled ``MSPB/
GOVT 1, Appeals and Case Records,'' which it is separately and 
simultaneously proposing to rescind. Both the new system of records and 
the system of records to be rescinded include information that MSPB 
collects, maintains, and uses to perform MSPB's statutory functions to 
adjudicate appeals and other matters arising under MSPB's appellate and 
original jurisdiction pursuant to 5 U.S.C. 7701(a) and 5 U.S.C. 1204 
(e.g., requests for disciplinary action or stays filed by the Special 
Counsel), and to support other statutory functions of MSPB, such as 
studies of the civil service under 5 U.S.C. 1204(a)(3), 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. MSPB is issuing this notice 
of its intent to establish a new internal system of records that will 
cover the same information as the government-wide system of records. A 
separate notice proposing to rescind ``MSPB/GOVT--1, Appeals and Case 
Records'' is published elsewhere in this issue of the Federal Register. 
During the previous amendment process of the current government-wide 
system of records, it was determined that MSPB/GOVT--1 does not 
strictly meet the definition of a government-wide system because no 
agency keeps these records under the direction of MSPB.
    Once MSPB/GOVT--1 is removed from its present grouping among 
government-wide systems and is replaced with the new internal system, 
MSPB 1, agencies previously relying on MSPB/GOVT--1 will have to 
publish any new or revised systems notices as a result of this 
rescindment. MSPB's e-Appeal System exists for the purpose of 
facilitating the adjudication process while an appeal is before MSPB 
and as a location for the new internal system, MSPB--1; agencies should 
not rely on the e-Appeal System as the location for any new or revised 
system established for the agency's own use.
    The Privacy Act embodies fair information practice principles in a 
statutory framework governing how Federal agencies collect, maintain, 
use, and disseminate individuals' records. The Privacy Act applies to 
records about individuals that are maintained in a ``system of 
records.'' A system of records is a group of any records under the 
control of an agency from which information is retrieved by the name of 
an individual or by some identifying number, symbol, or other 
identifying particular assigned to the individual. The Privacy Act 
defines an individual as a United States citizen or lawful permanent 
resident. Individuals may request access to their own records that are 
maintained in a system of records in the possession or under the 
control of MSPB by complying with MSPB's Privacy Act regulations at 5 
CFR part 1205, and following the procedures outlined in the Records 
Access, Contesting Record, and Notification Procedures sections of this 
notice. The Privacy Act requires each agency to publish in the Federal 
Register a description denoting the existence and

[[Page 41599]]

character of each system of records that the agency maintains and the 
routine uses of each system. ``MSPB--1, Appeals and Case Records'' 
System of Records Notice is published in its entirety below. In 
accordance with the Privacy Act, 5 U.S.C. 552a(r), and Office of 
Management and Budget (OMB) Circular A-108, ``Federal Agency 
Responsibilities for Review, Reporting, and Publication under the 
Privacy Act'' (Dec. 2016), MSPB has submitted a report of a new system 
of records to OMB and Congress.

Gina K. Grippando,
Clerk of the Board.

SYSTEM NAME AND NUMBER:
    MSPB-1, Appeals and Case Records.

SECURITY CLASSIFICATION:
    Unclassified.

SYSTEM LOCATION:
    Records are maintained by the Office of the Clerk of the Board, 
U.S. Merit Systems Protection Board (MSPB), Suite 500, 1615 M Street 
NW, Washington, DC 20419, and MSPB regional and field offices. Records 
are maintained in designated U.S. data centers for cloud service 
providers authorized by the Federal Risk and Authorization Management 
Program (FedRAMP) (Seattle, WA; Redmond, WA; and Ashburn, VA), in 
MSPB's local area network, in locked cabinets and offices, and at the 
Federal Records Centers maintained by the National Archives and Records 
Administration (NARA).

SYSTEM MANAGER(S):
    The Office of the Clerk of the Board, U.S. Merit Systems Protection 
Board, Suite 500, 1615 M Street NW, Washington, DC 20419, and MSPB 
regional and field offices (see the list of office addresses at <a href="https://www.mspb.gov">https://www.mspb.gov</a> and <a href="https://www.ecfr.gov/current/title-5/chapter-II/subchapter-A/part-1201">https://www.ecfr.gov/current/title-5/chapter-II/subchapter-A/part-1201</a>).

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    5 U.S.C. 7701(a), 5 U.S.C. 1204, and 5 U.S.C. 1206.

PURPOSE(S) OF THE SYSTEM:
    These records may be used to:
    a. Document and adjudicate appeals and other matters arising under 
MSPB's appellate and original jurisdiction;
    b. Locate appeal records 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 
MSPB, such as studies of the civil service under 5 U.S.C. 1204(a)(3), 
review of regulations of OPM under 5 U.S.C. 1204(f), and reporting 
under 5 U.S.C. 1206.

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 
where OSC has petitioned MSPB concerning a possible violation of the 
Hatch Act.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Case-related records, such as the initial appeal or complaint, 
briefs, pleadings, motions, exhibits, hearing transcripts, and MSPB 
decisions, which comprise the official administrative records of 
appeals and other matters arising under the adjudicatory authority of 
MSPB, and information derived from those records maintained in MSPB's 
electronic case management system.

RECORD SOURCE CATEGORIES:
    The sources of these records are:
    a. The individual to whom the record pertains and/or their 
designated representative(s);
    b. The Federal agency participating in the MSPB appeal or 
adjudicatory matter;
    c. MSPB, OPM, Equal Employment Opportunity Commission (EEOC), and 
OSC, including 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; and
    d. Other individuals or organizations from whom MSPB has received 
testimony, affidavits, or other documents.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND PURPOSES OF SUCH USES:
    In addition to those disclosures generally permitted under 5 U.S.C. 
552a(b) of the Privacy Act, all or a portion of the records or 
information contained in this system may be disclosed outside MSPB as a 
routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:
    a. To officials of EEOC or a Special Panel convened under the 
authority of 5 U.S.C. 7702 when requested in connection with the 
performance of their authorized duties.
    b. To officials of OPM, the Federal Labor Relations Authority, 
EEOC, and OSC in connection with the performance of their authorized 
duties.
    c. To officials of the Defense Counterintelligence and Security 
Agency, the Federal Bureau of Investigation, or any other agency or 
subagency in connection with the performance of their authorized duties 
related to background and suitability investigations.
    d. To a member of Congress in response to an inquiry made at the 
request of the individual to whom the record pertains.
    e. To the appropriate Federal, State, or local agency responsible 
for investigating, prosecuting, enforcing, or implementing a statute, 
rule, regulation, or order when a record, either on its face or in 
conjunction with other information, indicates or is relevant to a 
violation or potential violation of civil or criminal law or 
regulation.
    f. To OMB at any stage in the legislative process in connection 
with MSPB recommendations on proposed, pending, and enrolled 
legislation as set forth in OMB Circular No. A-19.
    g. To the Department of Justice (DOJ), including Offices of the 
U.S. Attorneys; another Federal agency conducting litigation or in 
proceedings before any court, adjudicative, or administrative body; 
another party or potential party or the party's or potential party's 
authorized representative in litigation before a court, adjudicative, 
or administrative body; or a court, adjudicative, or administrative 
body. Such disclosure is permitted only when it is relevant or 
necessary to the litigation or proceeding, and one of the following is 
a party to the litigation or has an interest in such litigation:
    (1) MSPB, or any component thereof;
    (2) Any employee or former employee of MSPB in their official 
capacity;
    (3) Any employee or former employee of MSPB in their individual 
capacity where DOJ or MSPB has agreed to represent the employee;
    (4) The United States or a Federal agency in litigation before a 
court, adjudicative, or administrative body; or
    (5) A party, other than the United States or a Federal agency, in 
litigation before a court, adjudicative, or administrative body, upon 
the MSPB General Counsel's approval, pursuant to 5 CFR part 1216 or 
otherwise.
    h. In any proceeding before a court or adjudicative body before 
which MSPB is authorized to appear when:
    (1) MSPB, or any component thereof; or
    (2) Any employee of MSPB in the employee's official capacity; or
    (3) Any employee of MSPB in the employee's individual capacity 
where

[[Page 41600]]

DOJ has agreed to represent the employee; or
    (4) the United States is a party to the 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 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 the Transportation Security Administration where consultation 
is required under 49 CFR parts 15 and 1520.
    j. To any person making a status inquiry regarding a proceeding 
before MSPB, the following information may be disclosed: name of the 
appellant or respondent, name of the agency, MSPB docket number, and 
the status of the proceeding (e.g., open, closed).
    k. To authorized Federal agency representatives who handle MSPB 
matters and request a list of appeals involving their agency, the 
following information may be disclosed: name of the appellant or 
respondent, name of the agency, MSPB docket number, and the status of 
the proceeding (e.g., open, closed).
    l. To NARA in records-management inspections conducted under the 
authority of 44 U.S.C. 2904 and 2906.
    m. 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.
    n. To Federal and State agencies for the purpose of requesting that 
they provide MSPB with information concerning MSPB appellants. Such 
information will be used, absent personal identifiers, in MSPB research 
projects mandated by 5 U.S.C. 1204(a)(3).
    o. To officials of Federal Courts in connection with the 
performance of their judicial functions.
    p. 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 
MSPB.
    q. To the public, including MSPB's website, legal publishers, and 
public search engines, or to individuals acting in their official 
capacity on behalf of any Federal, State, or local agency, in response 
to a request for a decision following issuance of that decision.
    r. To appropriate agencies, entities, and persons when: (1) MSPB 
suspects or has confirmed that there has been a breach of the system of 
records; (2) MSPB has determined that, as a result of the suspected or 
confirmed breach, there is a risk of harm to individuals, MSPB 
(including its information systems, programs, and operations), the 
Federal Government, or national security; and (3) the disclosure made 
to such agencies, entities, and persons is reasonably necessary to 
assist in connection with MSPB's efforts to respond to the suspected or 
confirmed breach or to prevent, minimize, or remedy such harm.
    s. To another Federal agency or Federal entity when MSPB determines 
that information from this system of records is reasonably necessary to 
assist the recipient agency or entity in: (1) responding to a suspected 
or confirmed breach; or (2) preventing, minimizing, or remedying the 
risk of harm to individuals, the recipient agency or entity (including 
its information systems, programs, and operations), the Federal 
Government, or national security, resulting from a suspected or 
confirmed breach.
    t. To recognized pro bono legal service providers or 
representatives considering and/or agreeing to represent an appellant. 
The following information may be disclosed: name of the appellant or 
respondent, appellant or respondent telephone number, physical address, 
or email address, and MSPB docket number.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    Records are maintained by the Office of the Clerk of the Board, 
U.S. Merit Systems Protection Board, Suite 500, 1615 M Street NW, 
Washington, DC 20419, and MSPB regional and field offices (see the list 
of office addresses at <a href="https://www.mspb.gov">https://www.mspb.gov</a>). Records are maintained in 
designated U.S. data centers for cloud service providers authorized by 
FedRAMP, MSPB's local area network, locked cabinets and offices, and at 
the Federal Records Centers maintained by NARA.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    These records are retrieved by the names of the individuals on whom 
they are maintained and by MSPB docket numbers.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    Records are retained and disposed of in accordance with the 
applicable records schedule for the systems from which they were 
collected. Any unscheduled records will be retained indefinitely, until 
they have been scheduled with NARA and have become eligible for 
disposition under those schedules.

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    MSPB limits access to these records to persons whose official 
duties require such access. MSPB protects records in the system from 
unauthorized access and misuse through various administrative, 
technical, and physical security measures, such as access controls, 
mandatory security and privacy training, encryption, multi-factor 
authentication, security guards, and locked offices. RECORD ACCESS 
PROCEDURES: Individuals seeking notification of and access to their 
records in this system of records may submit a request in writing to 
the Office of the Clerk of the Board, U.S. Merit Systems Protection 
Board, 1615 M Street NW, Washington, DC 20419, or by email to 
<a href="/cdn-cgi/l/email-protection#3b4b49524d5a58427b56484b59155c544d"><span class="__cf_email__" data-cfemail="1666647f6077756f567b65667438717960">[email&#160;protected]</span></a>. Individuals requesting access must comply with MSPB's 
Privacy Act regulations regarding verification of identity and access 
to records (5 CFR part 1205).

CONTESTING RECORD PROCEDURES:
    Individuals may request that records about them be amended by 
writing to the Office of the Clerk of the Board, U.S. Merit Systems 
Protection Board, 1615 M Street NW, Washington, DC 20419. Individuals 
requesting amendment must follow MSPB's Privacy Act regulations 
regarding verification of identity and amendment to records (5 CFR part 
1205). These provisions for amendment of the record do not permit the 
alteration of evidence presented in the course of an MSPB adjudication, 
either before or after MSPB has rendered a decision on the appeal.

NOTIFICATION PROCEDURES:
    See Record Access Procedures above.

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    None.

HISTORY:
    For rescindment, MSPB/GOVT--1, Appeals and Case Records, 77 FR 
65206 (October 25, 2012).

[FR Doc. 2025-16314 Filed 8-25-25; 8:45 am]
BILLING CODE 7400-01-P


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