MERIT SYSTEMS PROTECTION BOARD INTERIM OPERATING PROCEDURES, FREEDOM OF INFORMATION, PRIVACY, AND GOVERNMENT IN THE SUNSHINE ACTS; PROPOSED ADJUDICATORY PROCEDURES

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP83-00156R000300060052-2
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 17
• Document Creation Date: December 19, 2016
• Document Release Date: November 18, 2005
• Sequence Number: 52
• Publication Date: March 23, 1979
• Content Type: REGULATION

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4p
AEA
FRIDAY, MARCH 23, 1979
PART X
RIT SYSTEMS
PROTECTION
BOARD -
INTERIM OPERATING
PROCEDURES: FREEDOM OF
INFORMATION, PRIVACY, AND
GOVERNMENT IN THE SUNSHINE
ACTS; PROPOSED ADJUDICATORY
PROCEDURES
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[6325-20-M],
Title 5-Administrative Personnel
CHAPTER II--MERIT SYSTEMS
PROTECTION BOARD
INTERIM OPERATING PROCEDURES:
FREEDOM OF INFORMATION ACT;
PRIVACY ACT; GOVERNMENT IN
THE SUNSHINE ACT
AGENCY: Merit Systems Protection
Board.
ACTION: Interim Regulation; request
for comments.
SUMMARY: These regulations estab-
lish interim operating procedures for
the Merit Systems Protection Board
pursuant to the requirements of the
Freedom of Information Act; the Pri-
vacy Act; and the Government in the
Sunshine Act. In addition, the Merit
Systems Protection Board requests
public comment on these regulations.
EFFECTIVE DATE: March 20, 1979.
Written comments should be submit-
ted on or before May 22, 1979.
ADDRESS: Comments should be ad-
dressed to the Office of the Secretary
of the Merit Systems Protection
Board, 1717 H Street, N.W., Washing.
ton, D.C. 20419.
FOR FURTHER INFORMATION
CONTACT:
Alan Greenwald or Deborah House
(202-653-7101).
SUPPLEMENTARY INFORMATION:
The Board was created pursuant to
Reorganization Plan No. 2 of 1978 and
the Civil Service Reform Act of 1978
(Pub. L. 95-454) signed into law by
President Carter on October 13, 1978.
The Reorganization Plan and the
Act contemplated that the Board
would immediately begin to function
as an agency subject to the provisions
of the Freedom of Information, Priva-
cy and Government in the Sunshine
Acts. Accordingly, It is necessary to
adopt regulations which serve a dual
role as interim operating procedures
and proposed regulations for com-
ment.
Part 1204 of these regulations imple-
ments the provisions of the Freedom
of Information Act as set forth at 5
U.S.C. 552. It is the policy of the
Board to make full and complete dis-
closure of all information within its
control under this Act unless specifi-
cally exempted and disclosure would
not be in the interest of the public.
Part 1205 of these regulations imple-
ments the provisions of the Privacy
Act as set forth at 5 U.S.C. 552a. It is
the policy of the Board to fully pro-
tect the privacy interests of each indi-
vidual by insuring the confidentiality
of records: by limiting information in
those records to that which is relevant
and, necessary to the functions of the
Board and by facilitating access of an
individual to his/her record..
Part 1206 of these regulations imple-
ments the provisions of the Govern-
ment in the Sunshine Act as set forth
at 5 U.S.C. 552b. It is the policy of the
Board to conduct all proceedings in
open meetings unless to do so is spe-
cifically exempted under the Act and
would not be in the interest of the
public.
Interested parties may participate in
this proposed rulemaking by submit-
ting their views, in writing, to the
Board. Each comment should include
the name and address of the person or
organization submitting the comment
and should make reference to the
above-cited docket number. All com-
ments received on or before May 22,
1979 will be considered in promulgat-
ing final regulations on the matters
addressed here. All written comments
received will be docketed and made
available for public inspection at the
Board.
These regulations do not include a
notice of system of records as is annu-
ally required to be published under
the Privacy Act. Publication of this
notice has been delayed pending the
official establishment of the Board's
record systems. Publication shall occur
as soon as these systems are estab-
lished and identified.
The Board has determined that the
January 1, 1979 effective date of Reor-
ganization Plan No. 2 of 1978 and the
January 11, 1979 effective date of the
Civil Service Reform Act of 1978 es-
tablishes good cause for immediate
publication of these regulations for in-
terim effect.
Issued on March 20, 1979.
RUTH T. PROKOP,
Chair, Merit Systems
Protection Board
5 CFR is amended by adding Parts
1204-1206 to read as follows:
PART 1204-FREEDOM OF
INFORMATION ACT
Subpart A-Purpose and Policy
? 1104.I Purpose.
The purpose of this part is to set
forth the procedures pursuant to the
Freedom of Information Act (5 U.S.C.
552) ("the Act") by which the public
may obtain records controlled by the
Board.
? 1_04.2. Policy.
(a) It is the policy of the Board to
release records where:
(1) the request submitted reasonably
describes such records: and
(2) is made in accordance with the
rules of this part.
(b) Records shall be disclosed to a re-
quest.or unless:
(1) they are exempt from disclosure
under subsection (b) of the Act; and
(2) disclosure of such records would
not be in the public interest.
Subpart B-Procedures for Obtaining
Records
? 1204.11 Submission of request.
(a) Place: Requests for copies of rec-
ords shall be made to the appropriate
field office of the Board or the Office
of the Secretary of the Board at 1717
H Street. N.W-, Washington, D.C.
20419. It is appropriate to submit a re-
quest to a field office if the requestor
has . reason to believe the records in
question are located in that office. Re-
quests shall be made during normal
business hours, or submitted by mail.
Although oral requests may be hon-
ored, a requestor may be required to
submit his/her request in writing.
(b) Form: Each submission shall rea-
sonably describe the record requested
including any name, subject matter
and number or date where possible so
that the Board can identify and locate
the record. Requests submitted by
mail shall be clearly marked as a
"FREEDOM OF INFORMATION
ACT REQUEST" on both the envo-
lope and letter.
(c) Payment: The -request shall be
accompanied by the fee or an offer to
pay the fee pursuant to ? 1204.14 of
this part.
sec.
1204.1 Purpose.
1204.2 Policy.
Subpart B-Proccedures for Obtaining Records
1204.11 Submission of request.
1204.12 Time limitations.
1204.13 Fees.
1204.14 Denials.
Subpart C-Appeals
1204.21 Submission.
1204.22 Determinations upon appeal.
AUTHORITY: 5 U.S.C. ? 552.
? 1204.12 Time limitations.
(a) Determinations of whether to
comply with an original request for
agency records shall be made within
ten days (excluding Saturdays, Sun-
days, and legal public holidays) except
in `unusual circumstances" as pro-
vided in paragraph (b) of this section.
(b) In "unusual circumstances" the
time limits specified above may be ex-
tended by written notice to the reques-
tor setting forth reasons for such an
extension and the date on which a de-
termination is expected to be made.
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RULES AND REGULATIONS
No such notice shall specify a date
that would result in an extension for
more than ten working days. Unusual
circumstances means:
(1) The need to search for and col-
lect the requested records from field
facilities or other establishments
which are separate from the office
processing the request;
(2) The need to search for, collect,
and appropriately examine a volumi-
nous amount of separate and distinct
records which are demanded in a
single request; or
(3) The need for consultation, which
shall be conducted with all practicable
speed, with another agency having
substantial interest in the determina-
tion of the request or among two or
more components of the agency
having substantial subject-matter in-
(c) Where a request or an appeal is
not properly labled or is submitted to
an inappropriate office, the time limi-
tation for processing of the request
shall run from the time It is received
by the proper official to process such a
request.
? 1204.13 Fees.
(a) Requests for records are subject
to the following fees for search and
duplication.
(1) Photocopies $0.10 for the first
copy of each page.
(2) Manual records search:
(I) First hour and any single request:
no fee.
(it) Each additional hour or fraction
thereof: $5.00.
(iii) Fees for search and duplication
of automated records shall be provided
upon request.
(b) At their discretion, the Secretary
or appropriate field official may refuse
to furnish records prior to receipt of
the required fee.
(c) At their discretion, the Secretary
or appropriate field official shall fur-
nish records without charge or at a re-
duced charge where to do so primariy
benefits the general public.
? 1204.14 Denials.
(a) Denials of a request for records
in whole or in part shall be issued in
writing within the applicable time
limits.
(b) Denials shall set forth the basis
for the denial and the right of the re-
questor to appeal the denial to the
Chair under subpart C of this part.
Subpart C-Appeals
? 1204.21 Submission.
(a) Time., Appeals shall be submitted
within thirty days of the date of the
issuance of the written denial.
(b) Place: Appeals shall be addressed
to the Chair, Merit Systems Protec-
tion Board. 1717 H Street, N.W.,
Washington, D.C. 20419.
(c) Forma Appeals shall be clearly
marked as "FREEDOM OF INFOR-
MATION ACT APPEAL" on both the
envelope and letter. Appeals must be
in writing and shall include:
(1) a copy of the original request or
a statement thereof if It was made
orally;
(2) a copy of the written denial; and
(3) a statement of the reasons why
the original denial should be over-
ruled.
? 1204.22 Determinations upon appeal.
(a) Determinations upon appeal
shall be made within twenty days of
receipt of appeal by the Chair (exclud-
ing Saturdays, Sundays and legal
public holidays).
(b) A determination overruling or
sustaining the original denial in whole
or in part shall be provided to the re-
questor and shall set forth the reasons
therefore.
(c) A determination upon appeal
shall constitute final agency action
and the right to judicial review shall
be set forth therein.
PART 1205-PRIVACY ACI'
Subpart A-Purpose and Policy
Sec.
1205.1 Purpose.
1205.2 Policy.
1205.3 Definitions.
Subpart B-Procedures for Obtaining Records
1205,11 Submission of request.
1205.12 Time limitations.
1205.13 Identification.
1205.14 Grant of access.
1205.15 Medical records.
1205.16 Fees.
Subpart C-Amendment of Records
1205.21 Request for amendment.
1205.22 Action on request.
1205.23 Time limitations.
Subpart D--Appeals
1205.31 Submission of appeal.
1205.32 Determinations upon appeal.
Authority: 5 U.S.C. ? 552a.
Subpart A---Purpose and Policy
? 1205.1 Purpose.
The purpose of this part is to set
forth the procedures pursuant to the
Privacy Act (5 U.S.C. 552a) ("the Act")
by which a requestor may make an in-
quiry regarding a record, gain access
to such record or amend the record.
? 1205.2 Policy.
It Is the policy of the Board to facili-
tate the full exercise of rights con-
ferred by the Act upon individuals and
to .Insure the privacy of records main-
tained regarding such individuals.
Such records shall contain only that
Inforrnratinn which is relevant and nec-
ess