Privacy Act of 1974; Notice of Updated Systems of Records, 6038-6041 [E9-2326]

Agencies

• General Services Administration

[Federal Register Volume 74, Number 22 (Wednesday, February 4, 2009)]
[Notices]
[Pages 6038-6041]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-2326]


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GENERAL SERVICES ADMINISTRATION


Privacy Act of 1974; Notice of Updated Systems of Records

AGENCY: General Services Administration

ACTION:  Notice; publication of one revised GSA system of records 
notices that includes a new routine use.

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SUMMARY:  This system of records was established for the purpose of 
serving 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.

DATES:  Effective March 6, 2009.

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FOR FURTHER INFORMATION CONTACT:  Call or e-mail the GSA Privacy Act 
Officer: telephone 202-208-1317; e-mail gsa.privacyact@gsa.gov.

ADDRESSES:  GSA Privacy Act Officer (CIB), General Services 
Administration, 1800 F Street NW, Washington, DC 20405.

SUPPLEMENTARY INFORMATION: The current routine use allows disclosure 
for educational or informational purposes provided the record does not 
identify a specific individual. The proposed revision would allow 
public disclosure of information that identifies individuals.
    The proposed revised routine use is compatible with the purpose of 
taking criminal, civil, and administrative actions because the 
provision to the media or members of the public of information on 
events in an investigation or an administrative or judicial proceeding 
helps to preserve confidence in the integrity of the investigative 
process and to demonstrate the accountability of agency and Office of 
Inspector General officers and employees, and of those individuals 
doing business with the United States. It also will enhance the 
deterrence of similar crimes against the United States.
    The proposed revised routine use will only affect the privacy of 
individuals insofar as they are involved in an investigation or 
administrative or judicial proceeding. With respect to such 
individuals, specific information will not be released if such release 
would constitute an unwarranted invasion of personal privacy.
    The proposed revised routine use does not involve any new 
information collection requests.

    Dated: January 27, 2009.
James L. Atwater,
Acting Director, Office of Information Management Office of the Chief 
Human Capital Officer.

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 sec. 2 et 
seq.
    PURPOSE(S): 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 RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSES OF SUCH USES:

    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 charged with enforcing or implementing the law.
    b. A record may be disclosed to a Federal, State, local, or foreign 
agency or to an individual or 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 preparation 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 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 news media and public in order 
to provide information on events in an investigation or administrative 
or

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judicial proceeding when the Inspector General determines there exists 
a legitimate public interest, unless the Inspector General determines 
that release of the specific information in the context of a particular 
case would constitute an unwarranted invasion of personal privacy.
    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 necessaryto 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 
(CIO P 1820.1), 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 at (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.
    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.
    EXEMPTION CLAIMED FOR THE SYSTEM: 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 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

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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. E9-2326 Filed 2-3-09; 8:45 am]
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