Privacy Act of 1974; System of Records, 2723-2726 [2020-00581]
Download as PDF
<![CDATA[
Federal Register / Vol. 85, No. 11 / Thursday, January 16, 2020 / Notices
the Secretariat, Office of the General
Counsel, U.S. Consumer Product Safety
Commission, 4330 East West Highway,
Bethesda, MD 20814, (301) 504–7479.
Dated: January 13, 2020.
Alberta E. Mills,
Secretary.
[FR Doc. 2020–00710 Filed 1–14–20; 11:15 am]
BILLING CODE 6355–01–P
CORPORATION FOR NATIONAL AND
COMMUNITY SERVICE
Privacy Act of 1974; System of
Records
Corporation for National and
Community Service.
ACTION: Notice of a modified System of
Records.
AGENCY:
The Corporation for National
and Community Service (CNCS)
proposes to modify Office of the
Inspector General Investigative Files—
Corporation-15, last published on
January 30, 2002 (67 FR 4395, 4407), to
include substantive changes and
modifications described in detail in the
supplementary section. The primary
purpose of the system is to enable the
CNCS Office of Inspector General
(CNCS–OIG) to carry out its
responsibilities under the Inspector
General Act of 1978, as amended,
including its responsibility to conduct
and supervise investigations relating to
programs and operations of CNCS.
DATES: Interested persons may submit
comments until February 18, 2020. The
system of Records Notice (SORN) will
be effective February 18, 2020 unless
CNCS receives any timely comments
which would result in a contrary
determination.
SUMMARY:
You may submit comments,
identified by system name and number,
by any of the following methods:
(1) Electronically through
www.regulations.gov.
Once you access www.regulations.gov,
locate the web page for this SORN by
searching for CNCS–03–OIG–
Investigative Files. If you upload any
files, please make sure they include
your first name, last name, and the
name of the proposed SORN.
(2) By email at feedback@
CNCSOIG.gov.
(3) By mail: Corporation for National
and Community Service, Attn: Office of
Inspector General, 250 E St. SW, Suite
400, Washington, DC 20525.
(4) By hand delivery or by courier to
CNCS–OIG at the mail address given in
paragraph (3) above, between 9:00 a.m.
khammond on DSKJM1Z7X2PROD with NOTICES
ADDRESSES:
VerDate Sep<11>2014
17:49 Jan 15, 2020
Jkt 250001
and 4:00 p.m. Eastern Time, Monday
through Friday, except Federal holidays.
Comments received generally will be
posted without change to
www.regulations.gov, including any
personal and/or business confidential
information provided. To confirm
receipt of your comment(s), please
check www.regulations.gov,
approximately two to three days after
submission to verify posting (except
allow 30 days for posting of comments
submitted by mail).
FOR FURTHER INFORMATION CONTACT: If
you have general questions about a
system of record, please email privacy@
cns.gov or use the mailing address (3)
identified above. Please include the
system of record’s name and number.
SUPPLEMENTARY INFORMATION: This
notice serves to update and modify
CNCS–OIG’s records system by
changing the name of the system from
Office of the Inspector General
Investigative Files—Corporation-15 to
CNCS–03–OIG–Investigative Files,
adding new routine uses, revising
several existing routine uses, and
eliminating routine uses that were
duplicative. The substantive changes
and modifications to the currently
published version of Office of the
Inspector General Investigative Files—
Corporation-15 include:
• Renaming the SORN as CNCS–03–
OIG–Investigative Files;
• Replacing all prior routine uses
with nineteen new and modified routine
uses that are specific to this SORN;
• Creating a method for disclosures to
prevent or respond to a suspected or
confirmed data breach and disclosures
during a records management
inspection;
• Enabling CNCS–OIG to release
information to the public when: (a) The
matter under investigation has become
public knowledge because information
about it is publicly available, (b) CNCS–
OIG or a designee determines that such
disclosure is necessary to preserve
confidence in the integrity of CNCS–
OIG investigative process, or (c) to
demonstrate the accountability of CNCS
employees or other individuals covered
by the system;
• Addressing limited disclosures—to
complainants, victims, and witnesses—
in situations not covered by routine use
18, and consistent with uses
promulgated by other Federal OIGs;
and,
• Informing individuals that they can
request updates and amendments to
their records via email or facsimile and
what they should include in that
inquiry to receive prompt service.
These changes not only advance
overall transparency, but also, by
PO 00000
Frm 00031
Fmt 4703
Sfmt 4703
2723
keeping complainants and victims
informed about cases in which they are
involved, will encourage individuals to
come forward and to cooperate in future
investigations. Providing witnesses with
records they initially produced, or
which contain their own statements or
testimony, will, for example, assist the
Federal government in ongoing legal
proceedings concerning the matters
investigated. These changes also
represent a balance between privacy
interests and the public’s interest in
transparency. Disclosure of names in
certain circumstances will help deter
misconduct involving CNCS and/or its
funded activities.
For ease of reference, CNCS is
republishing the Office of Inspector
General records system in its entirety.
SYSTEM NAME AND NUMBER:
CNCS–03–OIG–Investigative Files.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Office of Inspector General,
Corporation for National and
Community Service, 250 E St. SW, Suite
400, Washington, DC 20525.
SYSTEM MANAGER(S):
Inspector General, Office of Inspector
General, Corporation for National and
Community Service, 250 E St. SW, Suite
400, Washington, DC 20525.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
The Inspector General Act of 1978, as
amended (5 U.S.C. App. 3) and The
National and Community Service Trust
Act of 1993 (42 U.S. Code Chapter 129).
PURPOSE(S) OF THE SYSTEM:
The Corporation for National and
Community Service (CNCS) Office of
Inspector General (CNCS–OIG) uses the
system to track and maintain the files
acquired and developed when CNCS–
OIG investigates individuals associated
with a CNCS program or operation
pursuant to the Inspector General Act of
1978, as amended. CNCS–OIG is
statutorily directed to conduct and
supervise investigations relating to
CNCS programs and operations to
promote economy, efficiency and
effectiveness in the administration of
such programs and operations, and to
prevent and detect fraud, waste and
abuse in such programs and operations.
Accordingly, the records in the system
are used to investigate individuals and
entities suspected of having committed
illegal or improper acts and to conduct
criminal prosecutions, civil
proceedings, and administrative actions
against those individuals and entities.
E:\FR\FM\16JAN1.SGM
16JAN1
2724
Federal Register / Vol. 85, No. 11 / Thursday, January 16, 2020 / Notices
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
In connection with CNCS–OIG’s
investigative duties, the system
maintains records on the following
categories of individuals:
• Individuals or entities that are or
have been the subject of inquiries or
investigations conducted by CNCS–OIG.
These include current and former
employees of CNCS, and current and
former contractors (or applicants for
contracts), subcontractors, consultants,
or the recipients of (or applicants for)
CNCS grants, subgrants, or cooperative
agreements, and their current or former
employees; and,
• Individuals who are witnesses,
complainants, confidential or
nonconfidential informants, and other
parties who have been identified by
CNCS–OIG (on the basis of information
received or developed by CNCS–OIG) as
potentially possessing information
relevant to an investigation under
CNCS–OIG’s jurisdiction.
CATEGORIES OF RECORDS IN THE SYSTEM:
The records in the system include:
• Letters, memoranda, hotline forms,
and other documents describing
complaints or alleged criminal, civil, or
administrative misconduct;
• Investigative files such as
statements, affidavits, subpoenas,
analyses, and records obtained during
the investigation; and,
• Final reports on the investigation
and any related exhibits, which may
include information about any followup actions.
khammond on DSKJM1Z7X2PROD with NOTICES
RECORD SOURCE CATEGORIES:
The subjects of investigations, and
individuals with whom the subjects of
investigations are associated, such as:
• Current and former CNCS
employees;
• Current and former employees of
grantees, contractors and
subcontractors;
• Current and former National
Service participants;
• Federal, state, local, and foreign law
enforcement and non-law enforcement
agencies;
• Members of the public;
• Witnesses;
• Confidential and nonconfidential
informants; and
• Information gathered from public
sources.
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
VerDate Sep<11>2014
17:49 Jan 15, 2020
Jkt 250001
portion of the records or information
contained in the system may be
disclosed to authorized entities, as is
determined to be relevant and
necessary, as a routine use pursuant to
5 U.S.C. 552a(b)(3) as follows:
1. To appropriate agencies, entities,
and persons when:
a. CNCS–OIG or CNCS suspects or has
confirmed that there has been a breach
of the system of records,
b. CNCS–OIG or CNCS has
determined that as a result of the
suspected or confirmed breach there is
a risk of harm to individuals, CNCS
(including its information systems,
programs, and operations), the Federal
government, or national security, and
c. The disclosure made to such
agencies, entities, and persons is
reasonably necessary to assist in
connection with CNCS–OIG’s or CNCS’s
efforts to respond to the suspected or
confirmed breach or to prevent,
minimize, or remedy such harm.
2. To another Federal agency or
Federal entity, when CNCS determines
that information from the system of
records is reasonably necessary to assist
the recipient agency or entity in:
a. Responding to a suspected or
confirmed breach; or
b. 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.
3. To National Archives and Records
Administration. A record may be
disclosed during a records management
inspection conducted under 44 U.S.C.
2906, and for mediation services to
resolve disputes under 5 U.S.C.
552(h)(2).
4. To Federal, State, Local, or Foreign
Investigative or Prosecutorial
Authorities. A record which indicates
either by itself or in combination with
other information within CNCS–OIG’s
possession, a violation or potential
violation of law, whether civil, criminal
or regulatory, may be disclosed, as a
routine use, to the appropriate Federal,
foreign, state or local agency or
professional or licensing organization
charged with the responsibility of
investigating, enforcing, or prosecuting
such violation.
5. For Certain Disclosures to Other
Federal Agencies—To a Federal agency,
in connection with the hiring or
retention of an employee; the
conducting of a suitability or security
investigation of an individual and
issuance of a security clearance; the
classification of jobs; the procurement of
PO 00000
Frm 00032
Fmt 4703
Sfmt 4703
a contract; or the issuance of a license,
grant, or other benefit by the requesting
agency, to the extent that the
information is relevant and necessary to
the requesting agency’s decision on the
matter.
6. To the Equal Employment
Opportunity Commission—When
requested in connection with
investigations into alleged or possible
discrimination practices in the Federal
sector, compliance by Federal agencies
with the Uniform Guidelines on
Employee Selection Procedures or other
functions vested in the Commission and
to otherwise ensure compliance with
the provisions of 5 U.S.C. 7201.
7. To the Office of the President, or a
Member of Congress or His or Her
Staff—In response to a request made on
behalf of and at the request of the
individual who is the subject of the
record, when the Office of the President
or the member of Congress has shown
the appropriate official that the
individual to whom the record pertains
has authorized the Office of the
President or the member of Congress to
have access.
8. To a Federal or State Grand Jury.
Pursuant to a Federal or state grand jury
subpoena, or prosecution request, a
record may be disclosed for the purpose
of its introduction to a grand jury.
9. To a Contractor, Grantee,
Subgrantee or Other Recipient of
Federal Funds. A record may be
disclosed when the record reflects
serious inadequacies with the award
recipient’s personnel, and disclosure of
the record is for the purpose of
permitting the award recipient to effect
corrective action in the government’s
best interest.
10. To Outside Entities During an
Investigation or Audit. A record may be
disclosed to any source, either private or
governmental, to the extent necessary to
secure from such source information
relevant to, and sought in furtherance
of, an OIG investigation, audit, or
evaluation.
11. To a Government Agency
Pursuant to a Bid Protest. A record may
be disclosed to a Board of Contract
Appeals, the General Accounting Office,
or other tribunal hearing a bid protest
involving a CNCS or CNCS–OIG
procurement.
12. To the U.S. Department of Justice
(DOJ) for a Freedom of Information Act
or Privacy Act Consultation. A record
may be disclosed in order to obtain
DOJ’s advice regarding CNCS–OIG’s
obligations under the Freedom of
Information Act or Privacy Act.
13. To the White House Office of
Management and Budget (OMB) for a
Privacy Act Consultation. A record may
E:\FR\FM\16JAN1.SGM
16JAN1
khammond on DSKJM1Z7X2PROD with NOTICES
Federal Register / Vol. 85, No. 11 / Thursday, January 16, 2020 / Notices
be disclosed in order to obtain OMB’s
advice regarding CNCS–OIG’s
obligations under the Privacy Act.
14. To Federal Agencies for Tax
Records. A record may be disclosed to
the U.S. Department of the Treasury or
DOJ when CNCS or CNCS–OIG is
seeking to obtain taxpayer information
from the Internal Revenue Service.
15. To a Consumer Reporting Agency.
A record may be disclosed to a
‘‘consumer reporting agency’’ as that
term is defined in the Fair Credit
Reporting Act (15 U.S.C. 1681a(f)), and
the Federal Claims Collection Act of
1966 (31 U.S.C. 3701 (a)(3)), in order to
obtain information in the course of an
investigation or audit.
16. To a Government Agency under a
Computer Matching Program. A record
may be disclosed to a Federal, state, or
local agency for use in computer
matching programs to prevent and
detect fraud and abuse in benefit or
other programs, to support civil and
criminal law enforcement activities of
those agencies and their components,
and to collect debts and overpayments
owed to those agencies and their
components.
17. For Litigation and Mediation
Purposes. A record may be disclosed to
DOJ or a state or local prosecutor, in a
proceeding before a court, adjudicative
body, or mediation service before which
CNCS–OIG is authorized to appear,
when—
a. CNCS–OIG, CNCS, or any
component thereof;
b. Any employee of CNCS–OIG or
CNCS in his or her official capacity;
c. Any employee of CNCS–OIG or
CNCS in his or her individual capacity,
where the government has agreed to
represent the employee; or
d. The United States, where CNCS–
OIG determines that the litigation is
likely to affect CNCS–OIG, CNCS, or any
of its components,
is a party to litigation or has an interest
in such litigation, and the use of such
records by DOJ is deemed relevant and
necessary to the litigation.
18. For Certain Disclosures to the
Public. Unless CNCS–OIG or a designee
determines that disclosure of the
specific information, in the context of a
particular case, would constitute an
unwarranted invasion of personal
privacy, a record may be disclosed to
the public:
a. When the matter under
investigation has become public
knowledge because information about it
is publicly available; or,
b. When CNCS–OIG or a designee
determines that such disclosure is
necessary to preserve confidence in the
VerDate Sep<11>2014
17:49 Jan 15, 2020
Jkt 250001
integrity of the CNCS–OIG investigative
process; or
c. To demonstrate the accountability
of CNCS–OIG or CNCS employees or
other individuals covered by the system.
19. To Sources of Investigations,
Audits, and Inspections. A record may
be disclosed to:
a. Complainants and/or victims to the
extent necessary to provide such
persons with information and
explanations concerning the results of
the investigation or case arising from the
matters about which they complained
and/or with respect to which they were
a victim; and,
b. An individual who has been
interviewed or contacted by CNCS–OIG
pursuant to an investigation, audit, or
inspection, to the extent that CNCS–OIG
may provide copies of that individual’s
statements, testimony, or records
produced.
POLICIES AND PRACTICES FOR STORAGE OF
RECORDS:
Paper records are stored in locked
rooms, file cabinets, and desks.
Electronic records and backups are
stored on secure servers and encrypted
media to include, but are not limited to,
CNCS–OIG’s computers and network
drives.
POLICIES AND PRACTICES FOR RETRIEVAL OF
RECORDS:
Each CNCS–OIG investigation file is
assigned a case number and all records
related to a particular investigation are
filed and retrieved by that case number.
Records may also be retrieved by the
name of the subjects, witnesses, and/or
complainants.
POLICIES AND PRACTICES FOR RETENTION AND
DISPOSAL OF RECORDS:
Closed Investigation Files are retained
for three years and then retired to the
Federal Records Center and held for ten
years after the fiscal year they were
closed.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL
SAFEGUARDS:
• Access to the records is limited to
authorized personnel who require the
information to complete their assigned
tasks and have been trained how to
properly handle and safeguard the
records.
• Electronic records are maintained
in accordance with National Institute of
Standards and Technology Special
Publication 800–53 Rev. 4, Security and
Privacy Controls for Federal Information
Systems and Organizations or the
updated equivalent.
• Paper records are maintained in
locked rooms, file cabinets, and desks
when not in use.
PO 00000
Frm 00033
Fmt 4703
Sfmt 4703
2725
RECORD ACCESS PROCEDURES:
In accordance with 45 CFR part 2508,
Implementation of the Privacy Act of
1974, individuals wishing to access
their own records must contact the
System Manager at the address listed
above, state that they want access to
their own records, and furnish his or her
name, address, telephone number, and a
copy of an identification card such as a
driver’s license.
CONTESTING RECORD PROCEDURES:
The major part of the system is
exempted from this requirement
pursuant to 5 U.S.C. 552a(j)(2), (k)(1),
and (k)(2). To the extent that the system
of records is not subject to exemption,
it is subject to contest. A determination
as to exemption shall be made at the
time a request for contest is received.
Requesters shall direct their request to
the System Manager listed above, stating
clearly and concisely what information
is being contested, the reason for
contesting it, and the proposed
amendment to the information.
Individuals should also be prepared to
confirm their identity as required by 45
CFR part 2508.
NOTIFICATION PROCEDURES:
To determine whether the system of
records contains a record pertaining to
the requesting individual, the
individual should write to the System
Manager at the address listed above.
Individuals who make a request must
include enough identifying information
to locate their records, indicate that they
want to be notified whether their
records are included in the system, and
be prepared to confirm their identity as
required by 45 CFR part 2508. Upon
receipt, the System Manager will
respond within 30 days in the same
manner that the request was received
e.g., for a request received by email
CNCS–OIG will provide notification via
email.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
• Pursuant to, and limited by 5 U.S.C.
552a(j)(2) and 45 CFR 2508.19(a)(1), the
system of records maintained by CNCS–
OIG that contains the Investigative Files
shall be exempted from the provisions
of 5 U.S.C. 552a, except subsections (b),
(c) (1) and (2), (e)(4) (A) through (F),
(e)(6)(7), (9), (10), and (11), and (I), and
45 CFR 2508.11, 2508.12, 2508.13,
2508.14, 2508.15, 2508.16, and 2508.17,
insofar as the system contains
information pertaining to criminal law
enforcement investigations.
• Pursuant to, and limited by 5 U.S.C.
552a(k)(2) and 45 CFR 2508.19(a)(2), the
system of records maintained by CNCS–
OIG that contains the Investigative Files
E:\FR\FM\16JAN1.SGM
16JAN1
2726
Federal Register / Vol. 85, No. 11 / Thursday, January 16, 2020 / Notices
shall be exempted from 5 U.S.C. 552a
(c)(3), (d), (e)(1), (e)(4) (G), (H), and (I),
and (f), and 45 CFR 2508.11, 2508.12,
2508.13, 2508.14, 2508.15, 2508.16, and
2508.17, insofar as the system contains
investigatory materials compiled for law
enforcement purposes.
HISTORY:
64 FR 10879, 10890, March 5, 1999;
65 FR 46890, 46902, August 1, 2000; 67
FR 4395, 4407, January 30, 2002.
Dated: January 6, 2020.
Ndiogou Cisse,
Senior Agency Official for Privacy and Chief
Information Officer.
[FR Doc. 2020–00581 Filed 1–15–20; 8:45 am]
BILLING CODE 6050–28–P
Office of the Secretary
[Docket ID DoD–2020–OS–0008]
Proposed Collection; Comment
Request
Office of Net Assessment, DoD.
Information collection notice.
AGENCY:
In compliance with the
Paperwork Reduction Act of 1995, the
Office of Net Assessment announces a
proposed public information collection
and seeks public comment on the
provisions thereof. Comments are
invited on: Whether the proposed
collection of information is necessary
for the proper performance of the
functions of the agency, including
whether the information shall have
practical utility; the accuracy of the
agency’s estimate of the burden of the
proposed information collection; ways
to enhance the quality, utility, and
clarity of the information to be
collected; and ways to minimize the
burden of the information collection on
respondents, including through the use
of automated collection techniques or
other forms of information technology.
DATES: Consideration will be given to all
comments received by March 16, 2020.
ADDRESSES: You may submit comments,
identified by docket number and title,
by any of the following methods:
Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
Mail: Department of Defense, Office of
the Chief Management Officer,
Directorate for Oversight and
Compliance, 4800 Mark Center Drive,
Mailbox #24, Suite 08D09, Alexandria,
VA 22350–1700.
Instructions: All submissions received
must include the agency name, docket
khammond on DSKJM1Z7X2PROD with NOTICES
SUMMARY:
VerDate Sep<11>2014
17:49 Jan 15, 2020
Jkt 250001
To
request more information on this
proposed information collection or to
obtain a copy of the proposal and
associated collection instruments,
please write to Office of Net
Assessment, jryseff@rand.org, James
Ryseff, 703–413–1100 ext 5717.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
DEPARTMENT OF DEFENSE
ACTION:
number and title for this Federal
Register document. The general policy
for comments and other submissions
from members of the public is to make
these submissions available for public
viewing on the internet at https://
www.regulations.gov as they are
received without change, including any
personal identifiers or contact
information.
Title; Associated Form; and OMB
Number: Exploring Civil-Military Views
Regarding AI and Related Technologies;
OMB Control Number 0704–XXXX.
Needs and Uses: The U.S. Department
of Defense (DoD) is requesting approval
from the Office of Management and
Budget (OMB) to conduct a survey with
members of the software engineering
community, employees of defense and
aerospace companies, and the general
public. The study will also conduct
focus groups with members of the
software engineering community and
students from computer science
programs. This project is funded by the
U.S. Department of Defense, Joint
Artificial Intelligence Center (JAIC).
JAIC has contracted with the RAND
Corporation, a non-profit research
institute, to conduct this study. This
data collection will help ensure DoD’s
ability to engage with leading private
sector technology corporations and their
employees.
Affected Public: Individual and
households.
Annual Burden Hours: 1,390.
Number of Respondents: 5,210.
Responses per Respondent: 1.
Annual Responses: 5,210.
Average Burden per Response: 16
Minutes.
Frequency: On Occasion.
Dated: January 13, 2020.
Aaron T. Siegel,
Alternate OSD Federal Register Liaison
Officer, Department of Defense.
[FR Doc. 2020–00608 Filed 1–15–20; 8:45 am]
BILLING CODE 5001–06–P
PO 00000
Frm 00034
Fmt 4703
Sfmt 4703
DEPARTMENT OF DEFENSE
Office of the Secretary
[Docket ID: DoD–2020–OS–0004]
Privacy Act of 1974; System of
Records
National GeospatialIntelligence Agency (NGA), Department
of Defense (DoD).
ACTION: Rescindment of a System of
Records notice.
AGENCY:
The NGA deactivated a
System of Records, National GeospatialIntelligence Agency Maritime Safety
Office Metrics Database, NGA–005. This
System of Records collected, used,
maintained, and disseminated
information to account for employees’
daily time spent on tasks to provide
performance measurements to senior
leadership. This system was
decommissioned in 2013 and all files
were destroyed.
DATES: This System of Records
rescindment is effective upon
publication. This system was
decommissioned on September 15,
2013.
SUMMARY:
To
submit general questions about the
rescinded system, please contact Mr.
Charles R. Melton, Chief FOIA, National
Geospatial-Intelligence Agency, Security
and Installation, Attn: FOIA Office,
7500 GEOINT Drive, Springfield, VA
22150–7500, or by phone at (571) 558–
3715.
SUPPLEMENTARY INFORMATION: In Fiscal
Year 2013, NGA Source Operations
Directorate, Maritime Safety Office
discontinued using this system to
collect, use, maintain, and disseminate
information to account for employees’
daily time spent on each activity to
provide performance measurements to
senior leadership. The NGA Source
Operations Directorate, Maritime Safety
Office leadership discontinued
collecting this information and
destroyed all files in accordance with
the policies and practices for retention
and disposal of records as stated in the
System of Records Notice in 2012.
The DoD notices for Systems of
Records subject to the Privacy Act of
1974 (5 U.S.C. 552a), as amended, have
been published in the Federal Register
and are available from the address in
FOR FURTHER INFORMATION CONTACT:
FOR FURTHER INFORMATION CONTACT
section or at the Defense Privacy, Civil
Liberties and Transparency Division
website at https://dpcld.defense.gov.
The proposed system reports, as
required by the Privacy Act of 1974, as
amended, were submitted on November
E:\FR\FM\16JAN1.SGM
16JAN1
]]>Agencies
[Federal Register Volume 85, Number 11 (Thursday, January 16, 2020)]
[Notices]
[Pages 2723-2726]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-00581]
=======================================================================
-----------------------------------------------------------------------
CORPORATION FOR NATIONAL AND COMMUNITY SERVICE
Privacy Act of 1974; System of Records
AGENCY: Corporation for National and Community Service.
ACTION: Notice of a modified System of Records.
-----------------------------------------------------------------------
SUMMARY: The Corporation for National and Community Service (CNCS)
proposes to modify Office of the Inspector General Investigative
Files--Corporation-15, last published on January 30, 2002 (67 FR 4395,
4407), to include substantive changes and modifications described in
detail in the supplementary section. The primary purpose of the system
is to enable the CNCS Office of Inspector General (CNCS-OIG) to carry
out its responsibilities under the Inspector General Act of 1978, as
amended, including its responsibility to conduct and supervise
investigations relating to programs and operations of CNCS.
DATES: Interested persons may submit comments until February 18, 2020.
The system of Records Notice (SORN) will be effective February 18, 2020
unless CNCS receives any timely comments which would result in a
contrary determination.
ADDRESSES: You may submit comments, identified by system name and
number, by any of the following methods:
(1) Electronically through www.regulations.gov.
Once you access www.regulations.gov, locate the web page for this
SORN by searching for CNCS-03-OIG-Investigative Files. If you upload
any files, please make sure they include your first name, last name,
and the name of the proposed SORN.
(2) By email at [email protected].
(3) By mail: Corporation for National and Community Service, Attn:
Office of Inspector General, 250 E St. SW, Suite 400, Washington, DC
20525.
(4) By hand delivery or by courier to CNCS-OIG at the mail address
given in paragraph (3) above, between 9:00 a.m. and 4:00 p.m. Eastern
Time, Monday through Friday, except Federal holidays.
Comments received generally will be posted without change to
www.regulations.gov, including any personal and/or business
confidential information provided. To confirm receipt of your
comment(s), please check www.regulations.gov, approximately two to
three days after submission to verify posting (except allow 30 days for
posting of comments submitted by mail).
FOR FURTHER INFORMATION CONTACT: If you have general questions about a
system of record, please email [email protected] or use the mailing
address (3) identified above. Please include the system of record's
name and number.
SUPPLEMENTARY INFORMATION: This notice serves to update and modify
CNCS-OIG's records system by changing the name of the system from
Office of the Inspector General Investigative Files--Corporation-15 to
CNCS-03-OIG-Investigative Files, adding new routine uses, revising
several existing routine uses, and eliminating routine uses that were
duplicative. The substantive changes and modifications to the currently
published version of Office of the Inspector General Investigative
Files--Corporation-15 include:
Renaming the SORN as CNCS-03-OIG-Investigative Files;
Replacing all prior routine uses with nineteen new and
modified routine uses that are specific to this SORN;
Creating a method for disclosures to prevent or respond to
a suspected or confirmed data breach and disclosures during a records
management inspection;
Enabling CNCS-OIG to release information to the public
when: (a) The matter under investigation has become public knowledge
because information about it is publicly available, (b) CNCS-OIG or a
designee determines that such disclosure is necessary to preserve
confidence in the integrity of CNCS-OIG investigative process, or (c)
to demonstrate the accountability of CNCS employees or other
individuals covered by the system;
Addressing limited disclosures--to complainants, victims,
and witnesses--in situations not covered by routine use 18, and
consistent with uses promulgated by other Federal OIGs; and,
Informing individuals that they can request updates and
amendments to their records via email or facsimile and what they should
include in that inquiry to receive prompt service.
These changes not only advance overall transparency, but also, by
keeping complainants and victims informed about cases in which they are
involved, will encourage individuals to come forward and to cooperate
in future investigations. Providing witnesses with records they
initially produced, or which contain their own statements or testimony,
will, for example, assist the Federal government in ongoing legal
proceedings concerning the matters investigated. These changes also
represent a balance between privacy interests and the public's interest
in transparency. Disclosure of names in certain circumstances will help
deter misconduct involving CNCS and/or its funded activities.
For ease of reference, CNCS is republishing the Office of Inspector
General records system in its entirety.
SYSTEM NAME AND NUMBER:
CNCS-03-OIG-Investigative Files.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Office of Inspector General, Corporation for National and Community
Service, 250 E St. SW, Suite 400, Washington, DC 20525.
SYSTEM MANAGER(S):
Inspector General, Office of Inspector General, Corporation for
National and Community Service, 250 E St. SW, Suite 400, Washington, DC
20525.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
The Inspector General Act of 1978, as amended (5 U.S.C. App. 3) and
The National and Community Service Trust Act of 1993 (42 U.S. Code
Chapter 129).
PURPOSE(S) OF THE SYSTEM:
The Corporation for National and Community Service (CNCS) Office of
Inspector General (CNCS-OIG) uses the system to track and maintain the
files acquired and developed when CNCS-OIG investigates individuals
associated with a CNCS program or operation pursuant to the Inspector
General Act of 1978, as amended. CNCS-OIG is statutorily directed to
conduct and supervise investigations relating to CNCS programs and
operations to promote economy, efficiency and effectiveness in the
administration of such programs and operations, and to prevent and
detect fraud, waste and abuse in such programs and operations.
Accordingly, the records in the system are used to investigate
individuals and entities suspected of having committed illegal or
improper acts and to conduct criminal prosecutions, civil proceedings,
and administrative actions against those individuals and entities.
[[Page 2724]]
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
In connection with CNCS-OIG's investigative duties, the system
maintains records on the following categories of individuals:
Individuals or entities that are or have been the subject
of inquiries or investigations conducted by CNCS-OIG. These include
current and former employees of CNCS, and current and former
contractors (or applicants for contracts), subcontractors, consultants,
or the recipients of (or applicants for) CNCS grants, subgrants, or
cooperative agreements, and their current or former employees; and,
Individuals who are witnesses, complainants, confidential
or nonconfidential informants, and other parties who have been
identified by CNCS-OIG (on the basis of information received or
developed by CNCS-OIG) as potentially possessing information relevant
to an investigation under CNCS-OIG's jurisdiction.
CATEGORIES OF RECORDS IN THE SYSTEM:
The records in the system include:
Letters, memoranda, hotline forms, and other documents
describing complaints or alleged criminal, civil, or administrative
misconduct;
Investigative files such as statements, affidavits,
subpoenas, analyses, and records obtained during the investigation;
and,
Final reports on the investigation and any related
exhibits, which may include information about any follow-up actions.
RECORD SOURCE CATEGORIES:
The subjects of investigations, and individuals with whom the
subjects of investigations are associated, such as:
Current and former CNCS employees;
Current and former employees of grantees, contractors and
subcontractors;
Current and former National Service participants;
Federal, state, local, and foreign law enforcement and
non-law enforcement agencies;
Members of the public;
Witnesses;
Confidential and nonconfidential informants; and
Information gathered from public sources.
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 the system may be disclosed to authorized
entities, as is determined to be relevant and necessary, as a routine
use pursuant to 5 U.S.C. 552a(b)(3) as follows:
1. To appropriate agencies, entities, and persons when:
a. CNCS-OIG or CNCS suspects or has confirmed that there has been a
breach of the system of records,
b. CNCS-OIG or CNCS has determined that as a result of the
suspected or confirmed breach there is a risk of harm to individuals,
CNCS (including its information systems, programs, and operations), the
Federal government, or national security, and
c. The disclosure made to such agencies, entities, and persons is
reasonably necessary to assist in connection with CNCS-OIG's or CNCS's
efforts to respond to the suspected or confirmed breach or to prevent,
minimize, or remedy such harm.
2. To another Federal agency or Federal entity, when CNCS
determines that information from the system of records is reasonably
necessary to assist the recipient agency or entity in:
a. Responding to a suspected or confirmed breach; or
b. 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.
3. To National Archives and Records Administration. A record may be
disclosed during a records management inspection conducted under 44
U.S.C. 2906, and for mediation services to resolve disputes under 5
U.S.C. 552(h)(2).
4. To Federal, State, Local, or Foreign Investigative or
Prosecutorial Authorities. A record which indicates either by itself or
in combination with other information within CNCS-OIG's possession, a
violation or potential violation of law, whether civil, criminal or
regulatory, may be disclosed, as a routine use, to the appropriate
Federal, foreign, state or local agency or professional or licensing
organization charged with the responsibility of investigating,
enforcing, or prosecuting such violation.
5. For Certain Disclosures to Other Federal Agencies--To a Federal
agency, in connection with the hiring or retention of an employee; the
conducting of a suitability or security investigation of an individual
and issuance of a security clearance; the classification of jobs; the
procurement of a contract; or the issuance of a license, grant, or
other benefit by the requesting agency, to the extent that the
information is relevant and necessary to the requesting agency's
decision on the matter.
6. To the Equal Employment Opportunity Commission--When requested
in connection with investigations into alleged or possible
discrimination practices in the Federal sector, compliance by Federal
agencies with the Uniform Guidelines on Employee Selection Procedures
or other functions vested in the Commission and to otherwise ensure
compliance with the provisions of 5 U.S.C. 7201.
7. To the Office of the President, or a Member of Congress or His
or Her Staff--In response to a request made on behalf of and at the
request of the individual who is the subject of the record, when the
Office of the President or the member of Congress has shown the
appropriate official that the individual to whom the record pertains
has authorized the Office of the President or the member of Congress to
have access.
8. To a Federal or State Grand Jury. Pursuant to a Federal or state
grand jury subpoena, or prosecution request, a record may be disclosed
for the purpose of its introduction to a grand jury.
9. To a Contractor, Grantee, Subgrantee or Other Recipient of
Federal Funds. A record may be disclosed when the record reflects
serious inadequacies with the award recipient's personnel, and
disclosure of the record is for the purpose of permitting the award
recipient to effect corrective action in the government's best
interest.
10. To Outside Entities During an Investigation or Audit. A record
may be disclosed to any source, either private or governmental, to the
extent necessary to secure from such source information relevant to,
and sought in furtherance of, an OIG investigation, audit, or
evaluation.
11. To a Government Agency Pursuant to a Bid Protest. A record may
be disclosed to a Board of Contract Appeals, the General Accounting
Office, or other tribunal hearing a bid protest involving a CNCS or
CNCS-OIG procurement.
12. To the U.S. Department of Justice (DOJ) for a Freedom of
Information Act or Privacy Act Consultation. A record may be disclosed
in order to obtain DOJ's advice regarding CNCS-OIG's obligations under
the Freedom of Information Act or Privacy Act.
13. To the White House Office of Management and Budget (OMB) for a
Privacy Act Consultation. A record may
[[Page 2725]]
be disclosed in order to obtain OMB's advice regarding CNCS-OIG's
obligations under the Privacy Act.
14. To Federal Agencies for Tax Records. A record may be disclosed
to the U.S. Department of the Treasury or DOJ when CNCS or CNCS-OIG is
seeking to obtain taxpayer information from the Internal Revenue
Service.
15. To a Consumer Reporting Agency. A record may be disclosed to a
``consumer reporting agency'' as that term is defined in the Fair
Credit Reporting Act (15 U.S.C. 1681a(f)), and the Federal Claims
Collection Act of 1966 (31 U.S.C. 3701 (a)(3)), in order to obtain
information in the course of an investigation or audit.
16. To a Government Agency under a Computer Matching Program. A
record may be disclosed to a Federal, state, or local agency for use in
computer matching programs to prevent and detect fraud and abuse in
benefit or other programs, to support civil and criminal law
enforcement activities of those agencies and their components, and to
collect debts and overpayments owed to those agencies and their
components.
17. For Litigation and Mediation Purposes. A record may be
disclosed to DOJ or a state or local prosecutor, in a proceeding before
a court, adjudicative body, or mediation service before which CNCS-OIG
is authorized to appear, when--
a. CNCS-OIG, CNCS, or any component thereof;
b. Any employee of CNCS-OIG or CNCS in his or her official
capacity;
c. Any employee of CNCS-OIG or CNCS in his or her individual
capacity, where the government has agreed to represent the employee; or
d. The United States, where CNCS-OIG determines that the litigation
is likely to affect CNCS-OIG, CNCS, or any of its components,
is a party to litigation or has an interest in such litigation, and the
use of such records by DOJ is deemed relevant and necessary to the
litigation.
18. For Certain Disclosures to the Public. Unless CNCS-OIG or a
designee determines that disclosure of the specific information, in the
context of a particular case, would constitute an unwarranted invasion
of personal privacy, a record may be disclosed to the public:
a. When the matter under investigation has become public knowledge
because information about it is publicly available; or,
b. When CNCS-OIG or a designee determines that such disclosure is
necessary to preserve confidence in the integrity of the CNCS-OIG
investigative process; or
c. To demonstrate the accountability of CNCS-OIG or CNCS employees
or other individuals covered by the system.
19. To Sources of Investigations, Audits, and Inspections. A record
may be disclosed to:
a. Complainants and/or victims to the extent necessary to provide
such persons with information and explanations concerning the results
of the investigation or case arising from the matters about which they
complained and/or with respect to which they were a victim; and,
b. An individual who has been interviewed or contacted by CNCS-OIG
pursuant to an investigation, audit, or inspection, to the extent that
CNCS-OIG may provide copies of that individual's statements, testimony,
or records produced.
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
Paper records are stored in locked rooms, file cabinets, and desks.
Electronic records and backups are stored on secure servers and
encrypted media to include, but are not limited to, CNCS-OIG's
computers and network drives.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Each CNCS-OIG investigation file is assigned a case number and all
records related to a particular investigation are filed and retrieved
by that case number. Records may also be retrieved by the name of the
subjects, witnesses, and/or complainants.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
Closed Investigation Files are retained for three years and then
retired to the Federal Records Center and held for ten years after the
fiscal year they were closed.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
Access to the records is limited to authorized personnel
who require the information to complete their assigned tasks and have
been trained how to properly handle and safeguard the records.
Electronic records are maintained in accordance with
National Institute of Standards and Technology Special Publication 800-
53 Rev. 4, Security and Privacy Controls for Federal Information
Systems and Organizations or the updated equivalent.
Paper records are maintained in locked rooms, file
cabinets, and desks when not in use.
RECORD ACCESS PROCEDURES:
In accordance with 45 CFR part 2508, Implementation of the Privacy
Act of 1974, individuals wishing to access their own records must
contact the System Manager at the address listed above, state that they
want access to their own records, and furnish his or her name, address,
telephone number, and a copy of an identification card such as a
driver's license.
CONTESTING RECORD PROCEDURES:
The major part of the system is exempted from this requirement
pursuant to 5 U.S.C. 552a(j)(2), (k)(1), and (k)(2). To the extent that
the system of records is not subject to exemption, it is subject to
contest. A determination as to exemption shall be made at the time a
request for contest is received. Requesters shall direct their request
to the System Manager listed above, stating clearly and concisely what
information is being contested, the reason for contesting it, and the
proposed amendment to the information. Individuals should also be
prepared to confirm their identity as required by 45 CFR part 2508.
NOTIFICATION PROCEDURES:
To determine whether the system of records contains a record
pertaining to the requesting individual, the individual should write to
the System Manager at the address listed above. Individuals who make a
request must include enough identifying information to locate their
records, indicate that they want to be notified whether their records
are included in the system, and be prepared to confirm their identity
as required by 45 CFR part 2508. Upon receipt, the System Manager will
respond within 30 days in the same manner that the request was received
e.g., for a request received by email CNCS-OIG will provide
notification via email.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
Pursuant to, and limited by 5 U.S.C. 552a(j)(2) and 45 CFR
2508.19(a)(1), the system of records maintained by CNCS-OIG that
contains the Investigative Files shall be exempted from the provisions
of 5 U.S.C. 552a, except subsections (b), (c) (1) and (2), (e)(4) (A)
through (F), (e)(6)(7), (9), (10), and (11), and (I), and 45 CFR
2508.11, 2508.12, 2508.13, 2508.14, 2508.15, 2508.16, and 2508.17,
insofar as the system contains information pertaining to criminal law
enforcement investigations.
Pursuant to, and limited by 5 U.S.C. 552a(k)(2) and 45 CFR
2508.19(a)(2), the system of records maintained by CNCS-OIG that
contains the Investigative Files
[[Page 2726]]
shall be exempted from 5 U.S.C. 552a (c)(3), (d), (e)(1), (e)(4) (G),
(H), and (I), and (f), and 45 CFR 2508.11, 2508.12, 2508.13, 2508.14,
2508.15, 2508.16, and 2508.17, insofar as the system contains
investigatory materials compiled for law enforcement purposes.
HISTORY:
64 FR 10879, 10890, March 5, 1999; 65 FR 46890, 46902, August 1,
2000; 67 FR 4395, 4407, January 30, 2002.
Dated: January 6, 2020.
Ndiogou Cisse,
Senior Agency Official for Privacy and Chief Information Officer.
[FR Doc. 2020-00581 Filed 1-15-20; 8:45 am]
BILLING CODE 6050-28-P
