<PRE>&lt;DOC&gt;
[2001 Privacy Act]
[From the U.S. Government Printing Office via GPO Access]

[Page 36614]



   #.SPECIAL COUNSEL OFFICE


   #..OSC/GOVT-1

   #....System name:

       OSC/GOVT-1, OSC Complaint, Litigation and Political Activity
   Files.
     System location:
       Human and Administrative Resources Management Branch, U.S. Office
   of Special Counsel, 1730 M Street, NW, Suite 201, Washington, DC
   20036-4505.
     Categories of individuals covered by the system:
       The principal categories of individuals covered by the system are
   persons filing allegations of prohibited personnel practices,
   improper political activity, or other prohibited activities; persons
   identified as engaging or participating in such practices or
   activities; persons filing disclosures of alleged wrongdoing by
   federal agencies, and persons identified as engaging or participating
   in such wrongdoing; persons requesting advisory opinions on political
   activity; persons charged by OSC in disciplinary action complaints
   filed by OSC with the Merit Systems Protection Board (MSPB); and
   plaintiffs seeking remedies against OSC in litigation related to the
   performance of its official functions.
     Categories of records in the system:
       Correspondence with persons (or their representatives) filing
   allegations of prohibited personnel practices, improper political
   activity, or other prohibited activities; correspondence with other
   agencies, entities, or individuals referring matters to OSC for
   review and/or investigation; exhibits and other documentation from
   complainants, governmental entities or other third parties; interview
   records, including notes, summaries, or transcripts; affidavits;
   reports or other summaries of investigation; factual and legal
   summaries and analyses; administrative determinations; referrals to
   other agencies for appropriate action; records created or compiled in
   connection with litigation by or against OSC, or pertinent to OSC
   operations; requests and decisions under the Freedom of Information
   and/or Privacy Acts; and other correspondence and documents arising
   out of the performance of official OSC functions under 5 U.S.C. 1211-
   1221, 1501-1508, and 7321-7326; 38 U.S.C. 4324, and other applicable
   law or regulation.
     Authority for maintenance of the system:
       5 U.S.C. 552, 552a, 1211-1221, 1501-1508, and 7321-7326; and 38
   U.S.C. 4324.
     Routine uses of records maintained in the system, including
   categories of users and the purposes of such uses:
       a. To disclose the fact that an allegation of prohibited
   personnel practices or other prohibited activity has been filed;
       b. To disclose information to the Office of Personnel Management
   (OPM) pursuant to Civil Service Rule 5.4 (5 CFR 5.4), or to obtain an
   advisory opinion concerning the application or effect of civil
   service laws, rules, regulations or OPM guidelines in particular
   situations;
       c. To disclose to the Equal Employment Opportunity Commission or
   any other agency or office concerned with the enforcement of the
   anti-discrimination laws, information concerning any allegation or
   complaint of discrimination based on race, color, religion, sex,
   national origin, age, or handicapping condition;
       d. To disclose information to the MSPB or the President upon the
   filing or referral of a disciplinary action complaint against an
   employee on the basis of an OSC investigation;
       e. To disclose information to an agency, the MSPB, OPM, and the
   President reporting, under 5 U.S.C. 1214, the results of
   investigations which disclose reasonable grounds to believe a
   prohibited personnel practice has occurred, exists, or is to be
   taken;
       f. To disclose information to Congress in connection with the
   submission of an annual report on activities of the Special Counsel;
       g. To disclose information to any agency or person regarding
   allegations of prohibited personnel practices or other prohibited
   activity or prohibited political activity filed against an agency or
   any employee thereof, for the purposes of conducting an
   investigation, in transmitting information to an agency under 5
   U.S.C. 1213(c)(1) and the OSC procedures established thereunder; or
   to give notice of the status or outcome of the investigation;
       h. To disclose information to any source from which additional
   information is requested (to the extent necessary to identify the
   individual, inform the source of the purpose(s) of the request, and
   to identify the type of information requested), where necessary to
   obtain information relevant to an agency decision concerning the
   hiring or retention of an employee, the issuance of a security
   clearance, the conducting of a security or suitability investigation
   of an individual, the letting of a contract, or the issuance of a
   license, grant, or other benefit;
       i. To disclose information to the Office of Management and Budget
   (OMB) at any stage in the legislative coordination and clearance
   process in connection with private relief legislation, as set forth
   in OMB Circular No. A-19;
       j. 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);
       k. To furnish information to the National Archives and Records
   Administration (NARA) in records management inspections conducted
   under authority of 44 U.S.C. 2904 and 2906;
       l. To produce summary descriptive statistics and analytical
   studies in support of the function for which the records are
   collected and maintained or for related work force studies;
       m. To disclose records to the Department of Justice (DOJ) when:
       (1) The OSC, or
       (2) Any employee of the OSC in his or her official capacity, or
       (3) Any employee of the OSC in his or her individual capacity
   where the DOJ has agreed to represent the employee, or
       (4) The United States, where the OSC determines that litigation
   is likely to affect the OSC, is a party to litigation or has an
   interest in such litigation, and the use of such records by the DOJ
   is deemed by the OSC to be relevant and necessary to the litigation,
   provided, however, that the OSC determines that disclosure of the
   records to the DOJ is a use of the information contained in the
   records that is compatible with the purpose for which the records
   were collected;
       n. To disclose records maintained by the OSC in a proceeding
   before a court or adjudicative body before which the OSC is
   authorized to appear, when:
       (1) The OSC, or
       (2) Any employee of the OSC in his or her official capacity,
       (3) Any employee of the OSC in his or her individual capacity
   where the OSC has agreed to represent the employee, or
       (4) The United States, where the OSC determines that litigation
   is likely to affect the OSC, is a party to litigation or has an
   interest in such litigation, and the OSC determines that use of such
   records is relevant and necessary to the litigation, provided,
   however, that the OSC determines that 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;
       o. To disclose information to the MSPB to aid in the conduct of
   special studies by the Board under 5 U.S.C. 1204(a)(3);
       p. To disclose information to the Office of Inspector General
   (OIG) or comparable internal inspection, audit, or oversight office
   of an agency for the purpose of facilitating the coordination and
   conduct of investigations and review of allegations within the
   purview of both the OSC and the agency OIG or comparable office;
       q. To disclose information to the news media and the public when
   (1) the matter under investigation has become public knowledge, (2)
   the Special Counsel determines that disclosure is necessary to
   preserve confidence in the integrity of the OSC investigative process
   or is necessary to demonstrate the accountability of OSC officers,
   employees, or individuals covered by this system, or (3) the Special
   Counsel determines that there exists a legitimate public interest
   (e.g., to demonstrate that the law is being enforced, or to deter the
   commission of prohibited personnel practices, prohibited political
   activity, and other prohibited activity within the OSC's
   jurisdiction), except to the extent that the Special Counsel
   determines in any of these situations that disclosure of specific
   information in the context of a particular case would constitute an
   unwarranted invasion of personal privacy; and
       r. To disclose information to the U.S. Department of Labor (DOL)
   about OSC's referral of a complaint alleging a violation of veterans
   preference requirements to DOL for further action under the Veterans'
   Employment Opportunities Act of 1998; to disclose information to DOL
   or any agency or person as needed to develop relevant information
   about matters referred by DOL to OSC under 38 U.S.C. 4324 (the
   Uniformed Services Employment and Reemployment Rights Act of 1994)the
   Uniformed Services Employment and Reemployment Rights Act of 1994; to
   disclose information to DOL or any agency or person as needed to
   advise on the status or disposition of matters referred by DOL to OSC
   for disciplinary action under 5 U.S.C. 1215, or litigation under 38
   U.S.C. 4324.
     Policies and practices for storage, retrieving, accessing,
   retaining and disposing of records in the system:
     Storage:
       These records are stored in a variety of media, primarily
   consisting of file folders, and computer storage equipment.
     Retrievability:
       Files in this system of records are retrievable by the names of
   key individuals or agencies involved (e.g., complainants or
   requesters; subjects identified in corrective action or disciplinary
   proceedings, warning letters, or other determinations; legal,
   congressional, or other representatives or points of contact; or key
   witnesses), although files are generally retrieved by the name of:
   (a) The complainant alleging a prohibited personnel practice, or
   other prohibited activity; (b) the alleged subject of a complaint
   about prohibited political activity; (c) the person filing an
   allegation through the OSC whistleblower disclosure channel; (d) the
   name of the person filing a request for an advisory opinion on
   political activity; (e) the name of the person on whose behalf OSC
   seeks corrective action, or the person against whom OSC seeks
   disciplinary action, in litigation before the MSPB; and (f) the
   plaintiff in litigation against OSC.
     Safeguards:
       These records are located in lockable file cabinets or in secured
   areas. The required use of computer password protection
   identification features and other system protection methods also
   restrict access. Access is limited to those agency personnel who have
   an official need for access to perform their duties.
     Retention and disposal:
       NARA keeps records about prohibited personnel practices and other
   prohibited activity for three years after the matter or case is
   closed, or for six years if the file has been the subject of a
   Freedom of Information Act request.

[[Page 36614]]

   NARA is responsible for disposal of OSC records pursuant to law and
   regulation.
     System manager(s) and address:
       The official responsible for records management functions
   associated with OSC program and administrative files, including those
   in the OSC/GOVT-1 system of records, is the Records Management
   Officer, Human and Administrative Resources Management Branch, U.S.
   Office of Special Counsel, 1730 M Street, NW, Suite 201, Washington,
   DC 20036-4505.
     Notification procedure:
       Individuals who wish to inquire whether this system contains
   information about them should contact the system manager. To assist
   in the process of locating and identifying records, individuals
   should furnish the following:
       a. Name and address;
       b. Date and place of birth;
       c. Social Security number;
       d. A description of the circumstances under which records may
   have been included in the system.
     Record access procedures:
       Same as notification procedure, above.
     Contesting record procedures:
       Individuals who wish to contest records about them should contact
   the system manager, identify any information they believe should be
   corrected, and furnish a statement of the basis for the requested
   correction along with all available supporting documents and
   materials.
     Record source categories:
       Information in this system of records is obtained from a variety
   of sources, consisting of complainants or others on whose behalf
   allegations, or requests for information, have been submitted or
   referred to OSC; legal, congressional, or other representatives or
   points of contact; other government bodies; witnesses and subjects in
   matters under review; principals involved in litigation matters,
   including parties and their representatives; and other persons or
   entities furnishing information pertinent to the discharge of
   functions for which OSC is responsible.
     Exemptions claimed for the system:
       a. Complaint, Litigation and Political Activity files containing
   investigatory material compiled by OSC for law enforcement purposes
   are exempt to the extent allowed under subsections (k)(2) and (5) of
   the Privacy Act. This exemption is necessary to protect confidential
   sources and facilitate the voluntary cooperation of witnesses during
   inquiries into allegations of prohibited personnel practices or other
   prohibited activities.
       b. Testing or examination material compiled by OSC solely to
   determine individual qualifications for appointment or promotion in
   the Federal service is exempt to the extent allowed under subsection
   (k)(6) of the Privacy Act. This exemption is necessary to prevent the
   disclosure of information that would potentially give an individual
   an unfair competitive advantage or diminish the utility of
   established examination procedures.
       c. OSC reserves the right to assert exemptions for records
   received from another agency that could be properly claimed by that
   agency in responding to a request, and OSC may refuse access to
   information compiled in reasonable anticipation of a civil action or
   proceeding, pursuant to subsection (d)(5) of the Privacy Act.