Privacy Act of 1974; Notice of Updated Systems of Records, 74294-74296 [E7-25425]

Agencies

• General Services Administration

[Federal Register Volume 72, Number 249 (Monday, December 31, 2007)]
[Notices]
[Pages 74294-74296]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-25425]


=======================================================================
-----------------------------------------------------------------------

GENERAL SERVICES ADMINISTRATION


Privacy Act of 1974; Notice of Updated Systems of Records

AGENCY: General Services Administration.

ACTION: Notice; publication of an updated GSA system of records notice 
that includes a new routine use and updated administrative changes, 
including system managers, office titles, addresses, or locations.

-----------------------------------------------------------------------

SUMMARY: GSA reviewed this Privacy Act system to ensure it was 
relevant, necessary, accurate, up-to-date, and covered by the 
appropriate legal or regulatory authority. Also, it was updated in 
response to OMB M-07-16.

EFFECTIVE DATES: Effective December 31, 2007.

FOR FURTHER INFORMATION CONTACT: Call or e-mail the Privacy Act 
Officer: telephone (202) 208-1317; e-mail gsa.privacy.act@gsa.gov.

ADDRESSES: Comments may be submitted to the System Development and 
Support Division of the Office of Inspector General (JPM). The mailing 
address is: General Services Administration (JPM), 1800 F Street, NW., 
Washington DC 20405.

SUPPLEMENTARY INFORMATION: GSA reviewed this Privacy Act system of 
record to ensure that it is relevant, necessary, accurate, up-to-date, 
and covered by the appropriate legal or regulatory authority. Nothing 
in the updated system notice indicates a change in authorities or 
practices regarding the collection and maintenance of information. Nor 
do the changes impact individuals' rights to access or amend their 
records in the system of records. It also includes the new requirement 
from OMB Memorandum M-07-16 regarding a new routine use that allows 
agencies to disclose information in connection with a response and 
remedial efforts in the event of a data breach.

    Dated: December 14, 2007
Cheryl M. Paige,
Director, Office of Information Management.
GSA/ADM-24

SYSTEM NAME:
    Investigation Case Files.

SECURITY CLASSIFICATION:
    Some of the material contained in the system has been classified in 
the interests of national security pursuant to Executive Order 11652.

SYSTEM LOCATION:
    This system is located in the GSA Office of Inspector General, 1800 
F Street, NW., Washington, DC 20405. The database for the system, known 
as the IG--Investigative Documentation Electronic Administrative System 
(IG-IDEAS), is on a local area network in the GS Building and is 
operated by the System Development and Support Division of the Office 
of Inspector General (JPM). The backup tapes for the system are stored 
at the Mid-Atlantic Investigations Office, 300 D Street, SW., 
Washington, DC 20024. Some interim reports are filed in the Suspension 
and Debarment Division, Office of the Chief Acquisition Officer.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Individuals covered by the system are employees, former employees, 
and applicants for employment with GSA, as well as commissions, 
committees and small agencies serviced by GSA. The system also includes 
historical researchers, employees of contractors performing custodial 
or guard services in buildings under GSA control, any person who was 
the source of a complaint or an allegation that a crime had taken 
place, a witness who has information or evidence on any side of an 
investigation, and any possible or actual suspect in a criminal, 
administrative (including suspension and/or debarment actions), or 
civil action.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Investigative files containing personal information, including 
name, date, and place of birth, experience, and investigative material 
that is used as a basis for taking civil, criminal, and administrative 
actions.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    5 U.S.C. App.3, section 2, et seq.

PURPOSE:
    The system serves as a basis for taking civil, criminal, and 
administrative actions, including the issuance of subpoenas, security 
clearances, suitability determinations, suspension and debarment 
recommendations and similar authorized activities.

ROUTINE USES OF THE SYSTEM RECORDS, INCLUDING CATEGORIES OF USERS AND 
THEIR PURPOSE FOR USING THE SYSTEM:
    Records are used by GSA officials and representatives of other 
government agencies on a need-to-know basis in the performance of their 
official duties under the authorities set forth above and for the 
following routine uses:
    a. A record of any case in which there is an indication of a 
violation of law, whether civil, criminal, or regulatory in nature, may 
be disseminated to the appropriate Federal, State, local, or foreign 
agency charged with the responsibility for investigating or prosecuting 
such a violation or charge with enforcing or implementing the law.
    b. A record may be disclosed to a Federal, State, local, or foreign 
agency or to an individual organization in the course of investigating 
a potential or actual violation of any law, whether civil, criminal, or 
regulatory in nature, or during the course of a trial or hearing or the 
preparing for a trial or hearing for such a violation, if there is 
reason to believe that such agency, individual, or organization 
possesses information relating to the investigation, and disclosing the 
information is reasonably necessary to elicit such information or to 
obtain the cooperation of a witness or an informant.
    c. A record relating to a case or matter may be disclosed in an 
appropriate Federal, State, local, or foreign court or grand jury 
proceeding in accordance with established constitutional, substantive 
or procedural law or practice, even when the agency is not a party to 
the litigation.
    d. A record relating to a case or matter may be disclosed to an 
actual or potential party or to his or her attorney for the purpose of 
negotiation or discussion on matters such as settlement of the case or 
matter, plea-bargaining or informal discovery proceedings.
    e. A record relating to a case or matter that has been referred by 
an agency for investigation, prosecution, or enforcement or that 
involves a case or matter within the jurisdiction of any agency may be 
disclosed to the agency to notify it of the status of the case or 
matter or of any decision or determination that has been made or to 
make such other inquiries and reports as are necessary during the 
processing of the case or matter.
    f. A record relating to a case or matter may be disclosed to a 
foreign country

[[Page 74295]]

pursuant to an international treaty or convention entered into and 
ratified by the United States, or to an Executive agreement.
    g. A record may be disclosed to a Federal, State, local, foreign or 
international law enforcement agency to assist in crime prevention and 
detection or to provide leads for investigation.
    h. A record may be disclosed to a Federal, State, local, foreign, 
or tribal or other public authority in response to its request in 
connection with the hiring or retention of an employee, the issuance of 
a security clearance, the reporting of an investigation of an employee, 
the letting of a contract, or the issuing of a license, grant, or other 
benefit by the requesting agency, to the extent that the information 
relates to the requesting agency's decision on the matter.
    i. A record may be disclosed to the public, news media, trade 
associations, or organized groups when the purpose is educational or 
informational, such as describing crime trends or distinctive or unique 
modus operandi, provided that the record does not identify a specific 
individual.
    j. A record may be disclosed to an appeal or grievance examiner, 
formal complaints examiner, equal opportunity investigator, arbitrator, 
or other authorized official engaged in investigation or settlement of 
matters and investigations involving the Merit Systems Protection Board 
or the Office of Special Counsel.
    k. A record may be disclosed as a routine use to a Member of 
Congress or to a congressional staff member in response to an inquiry 
of the congressional office made at the request of the person who is 
the subject of the record.
    l. Information may be disclosed at any stage of the legislative 
coordination and clearance process to the Office of Management and 
Budget (OMB) for reviewing of private relief legislation as set forth 
in OMB Circular No. A-19.
    m. A record may be disclosed: (a) To an expert, a consultant, or 
contractor of GSA engaged in a duty related to an agency function to 
the extent necessary to perform the function; and (b) to a physician to 
conduct a fitness-for-duty examination of a GSA officer or employee.
    n. A record may be disclosed to an official charged with the 
responsibility to conduct qualitative assessment reviews of internal 
safeguards and management procedures employed in investigative 
operations. This disclosure category includes members of the 
President's Council on Integrity and Efficiency and officials and 
administrative staff within their investigative chain of command, as 
well as authorized officials of the Department of Justice and the 
Federal Bureau of Investigation.
    o. A record relating to a case may be disclosed to the GSA Office 
of Acquisition Policy for a decision or determination regarding 
suspension and debarment measures taken by the Government to disqualify 
contractors from participation in Government contracting or 
subcontracting.
    p. To appropriate agencies, entities, and persons when (1) the 
Agency suspects or has confirmed that the security or confidentiality 
of information in the system of records has been compromised; (2) the 
Agency has determined that as a result of the suspected or confirmed 
compromise there is a risk of harm to economic or property interests, 
identity theft or fraud, or harm to the security or integrity of this 
system or other systems or programs (whether maintained by GSA or 
another agency or entity) that rely upon the compromised information; 
and (3) the disclosure made to such agencies, entities, and persons is 
reasonably necessary to assist in connection with GSA's efforts to 
respond to the suspected or confirmed compromise and prevent, minimize, 
or remedy such harm.
    q. In any legal proceeding, where pertinent, to which GSA is a 
party before a court or administrative body.
    r. To the Office of Personnel Management (OPM), the Office of 
Management and Budget (OMB), and the Government Accountability Office 
(GAO) in accordance with their responsibilities for evaluating Federal 
programs.
    s. To the National Archives and Records Administration (NARA) for 
records management purposes.

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, 
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
    Paper records are kept in files and file folders. Electronic 
records are stored in an electronic database or on hard or floppy disks 
and tapes.

RETRIEVABILITY:
    Paper records are retrievable manually by name from files indexed 
alphabetically and filed numerically by location and incident. 
Electronic records are retrievable by case number or by full or partial 
name.

SAFEGUARDS:
    Paper records are stored in locked rooms with access limited to 
authorized personnel. Computer based records are available only to 
authorized users with a need to know and are protected by a network 
logon password, user password, and restricted right of access to the 
software, system, file, data element, and report.

RETENTION AND DISPOSAL:
    Records are disposed of by shredding or burning, as scheduled in 
the HB, GSA Maintenance and Disposition System (OAD P 1820.2A), and the 
records schedules authorized by that system.

SYSTEM MANAGER AND ADDRESS:
    The system manager is the System Development and Support Division 
of the Office of Inspector General (JPM). The mailing address is: 
General Services Administration (JPM), 1800 F Street, NW., Washington, 
DC 20405.

NOTIFICATION PROCEDURE:
    An individual who wishes to be notified whether the system contains 
a record concerning him or her should address a request to the Office 
of Counsel to the Inspector General (JC), General Services 
Administration, Room 5324, 1800 F Street, NW., Washington, DC 20405.

RECORD ACCESS PROCEDURES:
    An individual seeking access to a record should put his or her 
request in writing and address it to the Office of Counsel to the 
Inspector General (JC), including full name (maiden name if 
appropriate), address, and date and place of birth. General inquiries 
may be made by calling the Office of Counsel to the Inspector General 
on (202) 501-1932.

CONTESTING RECORD PROCEDURES:
    GSA rules for contesting the content of a record or appealing a 
denial of a request to amend a record are in 41 CFR part 105-64 
published in the Federal Register.

RECORD SOURCE CATEGORIES:
    The sources are individuals themselves, employees, informants, law 
enforcement agencies, other government agencies, employers, references, 
co-workers, neighbors, educational institutions, and intelligence 
sources.

SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT:
    In accordance with 5 U.S.C. 552a(j), this system of records is 
exempt from all provisions of the Privacy Act of 1974 with the 
exception of subsections (b); (c)(1) and (2); (e)(4)(A) through (F); 
(e)(6), (7), (9), (10), and (11); and (i) of the Act, to the extent 
that information in the system pertains to the enforcement of criminal 
laws, including

[[Page 74296]]

police efforts to prevent, control, or reduce crime or to apprehend 
criminals; to the activities of prosecutors, courts, and correctional, 
probation, pardon, or parole authorities; and to (a) information 
compiled for the purpose of identifying individual criminal offenders 
and alleged offenders and consisting only of identifying data and 
notations of arrests, the nature and disposition of criminal charges, 
sentencing, confinement, release, and parole and probation status; (b) 
information compiled for the purpose of a criminal investigation, 
including reports of informants and investigators, that is associated 
with an identifiable individual; or (c) reports of enforcement of the 
criminal laws, from arrest or indictment through release from 
supervision. This system is exempted to maintain the efficacy and 
integrity of the Office of Inspector General's law enforcement 
function. In accordance with 5 U.S.C. 552a(k), this system of records 
is exempt from subsections (c)(3); (d); (e)(1); (e)(4); (G), (H), and 
(I); and (f) of the Privacy Act of 1974.

THE SYSTEM IS EXEMPT:
    a. To the extent that the system consists of investigatory material 
compiled for law enforcement purposes. However, if an individual is 
denied any right, privilege, or benefit to which the individual would 
otherwise be eligible as a result of the maintenance of such material, 
such material shall be provided to such individual, except to the 
extent that the disclosure of such material would reveal the identity 
of a source who furnished information to the government under an 
express promise that the identity of the source would be held in 
confidence, or prior to the effective date of the Act, under an implied 
promise that the identity of the source would be held in confidence; 
and
    b. To the extent the system consists of investigatory material 
compiled solely for the purpose of determining suitability, 
eligibility, or qualifications for Federal civilian employment, 
military service, Federal contracts, or access to classified 
information, but only to the extent that the disclosure of such 
material would reveal the identity of a source who furnished 
information to the Government under an express promise that the 
identity of the source would be held in confidence, or, prior to the 
effective date of the Act, under an implied promise that the identity 
of the source would be held in confidence. This system has been 
exempted to maintain the efficacy and integrity of lawful 
investigations conducted pursuant to the Office of Inspector General's 
law enforcement responsibilities and responsibilities in the areas of 
Federal employment, government contracts, and access to security 
classified information.

 [FR Doc. E7-25425 Filed 12-28-07; 8:45 am]
BILLING CODE 6820-14-P