Privacy Act of 1974; System of Records, 40223-40226 [2023-13190]
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Federal Register / Vol. 88, No. 118 / Wednesday, June 21, 2023 / Notices
Patent and Trademark Office
[Docket No. PTO–C–2023–0022]
Request for Comments on Southeast
Regional Office and Community
Outreach Office Locations
Correction
In notice document 2023–11987,
appearing on page 37037 through 37039
in the issue of Tuesday, June 6, 2023,
make the following correction:
On page 37038, in the third column,
on the 33rd line from the top, the link
should read:
‘‘https://iqconnect.iqfed.com/
iqextranet/EForm.aspx?__
cid=USPTO&__fid=100155’’.
[FR Doc. C1–2023–11987 Filed 6–20–23; 8:45 am]
BILLING CODE 0099–10–P
COMMITTEE FOR PURCHASE FROM
PEOPLE WHO ARE BLIND OR
SEVERELY DISABLED
Privacy Act of 1974; System of
Records
Committee for Purchase From
People Who Are Blind or Severely
Disabled, Office of Inspector General.
ACTION: Notice of new privacy act
system of records.
AGENCY:
In accordance with the
Privacy Act of 1974 and OMB Circular
A–108, the U.S. AbilityOne
Commission, Office of Inspector General
proposes to establish a new U.S.
AbilityOne Commission, Office of
Inspector General system of records
titled, AbilityOne/OIG–001 Case
Management System. This system of
records will allow U.S. AbilityOne
Commission, Office of Inspector General
to collect and maintain records on
individuals who may be complainants,
subjects, witnesses, and others who may
be identified during an investigation.
The records and information collected
and maintained in this system are used
to document the processing of
allegations of violations of criminal,
civil, and administrative laws and
regulations relating to U.S. AbilityOne
Commission/OIG programs, operations,
and employees, as well as contractors
and other individuals and entities
associated with U.S. AbilityOne
Commission/OIG. Additionally, the U.S.
AbilityOne Commission, Office of
Inspector General is issuing a Notice of
Proposed Rulemaking to exempt this
system from certain provisions of the
Privacy Act.
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SUMMARY:
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Submit comments on or before
July 21, 2023. This new system will be
effective July 21, 2023.
ADDRESSES: You may submit comments,
identified by docket number and title,
by any of the following methods:
Federal Rulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
Mail: U.S. AbilityOne Commission
Office of Inspector General, 355 E Street
SW (OIG Suite 335), Washington, DC
20024.
Instructions: All submissions received
must include the agency name and
docket number 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.
FOR FURTHER INFORMATION CONTACT: For
general questions, please contact: Kamil
Ali, Attorney-Advisor, U.S. AbilityOne
Commission Office of Inspector General,
355 E Street SW (OIG Suite 335),
Washington, DC 20024. (202) 603–2248,
kali@oig.abilityone.gov. For privacy
questions, please contact: Mr. Kamil Ali,
Attorney-Advisor, U.S. AbilityOne
Commission Office of Inspector General,
355 E Street SW (OIG Suite 335),
Washington, DC 20024. Phone: (202)
603–2248, Email: kali@
oig.abilityone.gov.
SUPPLEMENTARY INFORMATION:
DATES:
DEPARTMENT OF COMMERCE
I. Background
In accordance with the Privacy Act of
1974, 5 U.S.C. 552a, the U.S. AbilityOne
Commission, Office of Inspector General
(AbilityOne/OIG) proposes to establish a
new system of records titled,
‘‘AbilityOne/OIG–001 Case Management
System of Records.’’ This system of
records will allow the U.S. AbilityOne
Commission Office of the Inspector
General to collect and maintain records
on individuals who may be
complainants, subjects, witnesses, and
others who may be identified during the
course of an investigation. The U.S.
AbilityOne Inspector General is
responsible for conducting and
supervising independent and objective
audits, inspections, and investigations
of the programs and operations of the
Commission. OIG promotes economy,
efficiency, and effectiveness within the
AbilityOne/OIG and prevents and
detects fraud, waste, and abuse in its
programs and operations. OIG’s Office
of Investigations investigates allegations
of criminal, civil, and administrative
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40223
misconduct involving U.S. AbilityOne
Commission employees, contractors,
and Commission programs and
activities. This includes investigating
for violations of criminal laws by
entities regulated by U.S. AbilityOne
Commission, regardless of whether they
receive Federal funds. These
investigations can result in criminal
prosecutions, fines, civil monetary
penalties, and administrative sanctions.
The AbilityOne/OIG–001 Case
Management System system of records
assists the OIG with receiving and
processing complaints of violations of
criminal, civil, and administrative laws
and regulations relating to U.S.
AbilityOne Commission employees,
contractors, regulated persons, and
other individuals and entities associated
with AbilityOne. The system includes
both paper investigative files and OIG’s
electronic case management and
tracking information system which also
generates reports. The case management
system allows OIG to manage
information provided during its
investigations, and, in the process, to
facilitate its management of
investigations and investigative
resources. Through this system, OIG can
create a record showing disposition of
allegations; track actions taken by
management regarding misconduct;
track legal actions taken following
referrals to the U.S. Department of
Justice for prosecution or civil action;
provide a system for creating and
reporting statistical information; and
track government property and other
resources used in investigative
activities.
Additionally, the U.S. AbilityOne
Commission, Office of Inspector General
is issuing a Notice of Proposed
Rulemaking to exempt this system from
certain provisions of the Privacy Act.
II. Privacy Act
The Privacy Act (5 U.S.C. 552a)
governs the means by which the Federal
Government collects, maintains, and
uses personally identifiable information
(PII) in a System of Records. A ‘‘System
of Records’’ is a group of any records
under the control of a federal agency
from which information about
individuals is retrieved by name or
other personal identifier. The Privacy
Act requires each agency to publish in
the Federal Register a System of
Records notice (SORN) identifying and
describing each System of Records the
agency maintains, including the
purposes for which the agency uses PII
in the system, the routine uses for
which the agency discloses such
information outside the agency, and
how individuals to whom a Privacy Act
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Federal Register / Vol. 88, No. 118 / Wednesday, June 21, 2023 / Notices
record pertains can exercise their rights
under the Privacy Act (e.g., to determine
if the system contains information about
them and to contest inaccurate
information).
In accordance with 5 U.S.C. 552a(r),
U.S. AbilityOne Commission OIG has
provided a report of this system of
records to the Office of Management and
Budget and to Congress. Below is the
description of the AbilityOne/OIG–001
Case Management System, System of
Records.
SYSTEM NAME AND NUMBER:
AbilityOne Commission/Office of
Inspector General (AbilityOne/OIG)-001
Case Management System, System of
Records.
SECURITY CLASSIFICATION:
Unclassified—Sensitive.
SYSTEM LOCATION:
Records are maintained at the U.S.
AbilityOne Commission OIG
Headquarters in Washington, DC.
CATEGORIES OF RECORDS IN THE SYSTEM:
SYSTEM MANAGER(S):
Case Management System
Administrator; 355 E St. SW (Suite 355),
Washington, DC 20024; Phone number
844–496–1536.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
The Inspector General Act of 1978, 5
U.S.C. 401–424; 5 U.S.C. app. 3.
PURPOSE(S) OF THE SYSTEM:
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The records and information collected
and maintained in this system are used
to document the processing of
allegations of violations of criminal,
civil, and administrative laws and
regulations relating to U.S. AbilityOne
Commission programs, operations, and
employees, as well as contractors and
other individuals and entities associated
with U.S. AbilityOne Commission;
monitor case assignments, status,
disposition, and results; manage
investigations and information provided
during the course of such investigations;
track actions taken by management
regarding misconduct and other
allegations; track legal actions taken
following referrals to the Department of
Justice for prosecution or litigation;
create and report statistical information;
and manage property records
establishing chain of custody of
evidence.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
Individuals filing complaints of
criminal, civil, or administrative
violations, including, but not limited to,
fraud, waste, or mismanagement;
individuals alleged to have been
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involved in such violations; individuals
identified as having been adversely
affected by matters investigated by the
OIG; individuals who have been
identified as possibly relevant to, or
who are contacted as part of, an OIG
investigation, including: (A) current and
former employees of the U.S.
AbilityOne Commission, other Federal
agencies, and U.S. AbilityOne
Commission contractors, grantees, and
persons whose association with current
and former employees relate to alleged
violations under investigation; and, (B)
witnesses, complainants, confidential
informants, suspects, defendants, or
parties who have been identified by the
OIG, other U.S. AbilityOne Commission
components, other agencies, or members
of the general public in connection with
authorized OIG functions; and OIG
employees performing investigative
functions.
Categories of records in this system
may include:
• Investigative agent name and
contact information;
• Individual’s name and aliases;
• Date of birth;
• Social Security Number;
• Telephone and cell phone numbers;
• Physical and mailing addresses;
• Electronic mail addresses;
• Physical description;
• Citizenship;
• Photographs;
• Job title, employment position, and
other employment data;
• Individual Eligibility Evaluations
and other medical documentation;
• Any other personal information
relevant to the subject matter of an OIG
investigation;
• Investigative files containing
complaints and allegations, witness
statements; transcripts of electronic
monitoring; subpoenas and legal
opinions and advice; reports of
investigation; reports of criminal, civil,
and administrative actions taken as a
result of the investigation; and other
relevant evidence;
• Property receipts establishing chain
of custody of evidence.
RECORD SOURCE CATEGORIES:
Records are obtained from sources
including, but not limited to, the
individual record subjects; U.S.
AbilityOne Commission employees,
grantees, and contractors; employees of
Federal, State, local, and foreign
agencies; and other persons and entities.
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 the Privacy
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Act, all or a portion of the records or
information contained in this system
may be disclosed outside U.S.
AbilityOne Commission as a routine use
pursuant to 5 U.S.C. 552a(b)(3) as
follows:
1. To other Federal, State, local, or
foreign agencies or administrations, and
licensing and professional discipline
authorities, having interest or
jurisdiction in the matter.
2. To third parties in the course of an
investigation, when necessary to obtain
pertinent information.
3. To any person when disclosure of
the record is needed to enable the
recipient of the record to take action to
recover money or property of U.S.
AbilityOne Commission or OIG, when
such recovery will accrue to the benefit
of the United States, or when disclosure
of the record is needed to enable the
recipient of the record to take
appropriate disciplinary or corrective
action to maintain the integrity of
AbilityOne programs or operations.
4. To complainants and/or victims to
the extent necessary to provide such
persons with information and
explanations concerning the progress
and/or results of the investigation or
case arising from the matters of which
they complained and/or of which they
were a victim.
5. To media and the public when the
public interest requires, unless it is
determined by OIG counsel that release
of specific information in the context of
a particular case would constitute an
unwarranted invasion of personal
privacy.
6. To an individual or individuals
who are in danger or in situations
involving an imminent danger of death
or physical injury.
7. To either the House of Congress, or,
to the extent of matter within its
jurisdiction, any committee thereof, any
joint committee of congress or
subcommittee of any such joint
committee.
8. To another agency or to an
instrumentality of any governmental
jurisdiction within or under the control
of United States for a civil or criminal
law enforcement activity if the head of
the agency or the instrumentality has
made a written request to U.S.
AbilityOne Commission OIG specifying
the particular portion of the record
desired and the law enforcement
activity for which the record is sought.
9. To the Department of Justice when
(a) the agency, or any component
thereof; or (b) any employee of the
agency in his or her official capacity; or
(c) any employee of the agency in his or
her individual capacity where the
Department of Justice has agreed to
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Federal Register / Vol. 88, No. 118 / Wednesday, June 21, 2023 / Notices
represent the employee; or (d) the
United States, where the agency
determines that litigation is likely to
affect the agency or any of its
components, is a party to litigation or
has an interest in such litigation, and
the use of such records by the
Department of Justice is deemed by the
agency to be relevant and necessary to
the litigation, provided, however, that in
each case, the agency determines that
disclosure of the records to the
Department of Justice is a use of the
information contained in the records
that is compatible with the purpose for
which the records were collected.
10. To a court or adjudicative body
before which agency is authorized to
appear, when (a) the agency, or any
component thereof; or (b) any employee
of the agency in his or her official
capacity; or (c) any employee of the
agency in his or her individual capacity
where the agency has agreed to
represent the employee; or (d) the
United States, where the agency
determines that litigation is likely to
affect the agency or any of its
components, is a party to litigation or
has an interest in such litigation, and
the agency determines that use of such
records is relevant and necessary to the
litigation, provided, however, that in
each case, the agency determines that
disclosure of the records to the
Department of Justice is a use of the
information contained in the records
that is compatible with the purpose for
which the records were collected.
11. To a congressional office in
response to an inquiry of records of an
individual from the congressional office
made at the request of the individual.
12. To other agencies and the Council
of Inspectors General on Integrity and
Efficiency (CIGIE) for purposes of
conducting and reviewing peer reviews
of the OIG to ensure adequate internal
safeguards and management procedures
exist or to ensure that standards
applicable to Government audits,
investigations, or other agency activities
are applied and followed.
13. To appropriate agencies, entities,
and persons when (1) U.S. AbilityOne
Commission OIG suspects or has
confirmed that there has been a breach
of the system of records, (2) U.S.
AbilityOne Commission OIG has
determined that as a result of the
suspected or confirmed breach there is
a risk of harm to individuals, U.S.
AbilityOne Commission OIG (including
its information systems, programs, and
operations), the Federal Government, or
national security; and (3) the disclosure
made to such agencies, entities, and
persons is reasonably necessary to assist
in connection with U.S. AbilityOne
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Commission OIG’s efforts to respond to
the suspected or confirmed breach or to
prevent, minimize, or remedy such
harm.
14. To another Federal agency or
Federal entity, when U.S. AbilityOne
Commission OIG determines that
information from this system of records
is reasonably necessary to assist the
recipient agency or entity in (1)
responding to a suspected or confirmed
breach or (2) 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.
POLICIES AND PRACTICES FOR STORAGE OF
RECORDS:
Records in this system are stored
electronically and/or on paper in secure
facilities. Electronic records may be
stored on magnetic disc, tape, digital
media, and CD–ROM.
POLICIES AND PRACTICES FOR RETRIEVAL OF
RECORDS:
Records are primarily organized and
retrieved by case numbers. Paper media
are retrievable alphabetically by name of
subject or complainant, by case number,
and/or by special agent name and/or
employee identifying number.
Electronic media are retrieved by the
name or identifying number for a
complainant, subject, victim, or witness;
by case number; by special agent name
or other personal identifier; or by field
office designation.
POLICIES AND PRACTICES FOR RETENTION AND
DISPOSAL OF RECORDS:
Records for closed cases are kept for
15 years.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL
SAFEGUARDS:
Access is restricted to agency
personnel whose responsibilities require
access. Access to the database is
password protected with two factor
authentication.
RECORD ACCESS PROCEDURES:
Under the Privacy Act, individuals
may request access to records about
themselves. If an agency or a person,
who is not the individual who is the
subject of the records, requests access to
records about an individual, the written
consent of the individual who is the
subject of the records is required.
Requesters may submit requests for
records under the Privacy Act in the
following ways: (1) by mail to Ms.
Kimberly Zeich, Executive Director,
U.S. AbilityOne Commission 355 E
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40225
Street SW (Suite 325), Washington, DC
20024; or (2) via email to foia@
abilityone.gov. Requesters must provide
the information that is necessary to
identify the records, including the
following: Requester’s full name;
present mailing address; home
telephone; work telephone; name of
subject, if other than requester;
requester relationship to subject;
description of type of information or
specific records; and purpose of
requesting information. Requesters
should be as specific as possible about
the records being requested including
enough file-related or event-related
information such as the subject matter
and date and any information to permit
an organized, non-random search for
documents.
CONTESTING RECORD PROCEDURES:
Individuals seeking to contest or
amend records maintained on himself or
herself must clearly and concisely state
that information is being contested, and
the proposed amendment to the
information sought. Requests to amend
a record must follow the Record Access
Procedures above.
NOTIFICATION PROCEDURE SECTIONS:
Same as Record Access Procedures.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
Pursuant to 5 U.S.C. 552a(j)(2), this
system is exempt from the following
provisions of the Privacy Act: 5 U.S.C.
552a (c)(3)–(4); (d); (e)(1)–(3); (e)(4)(G)–
(I); (e)(5); (e)(8); and (f)–(g); and from 41
CFR 51–9.1, § 51–9.2, § 51–9.3, § 51–9.4,
and § 51–9.7.
Pursuant to 5 U.S.C. 552a(k)(2), this
system is exempt from the following
provisions of the Privacy Act, subject to
the limitations set forth in those
subsections: 5 U.S.C. 552a(c)(3), (d).
(e)(4)(G)–(I) and (f);; and from 41 CFR
51–9.1, § 51–9.2, § 51–9.3, § 51–9.4, and
§ 51–9.7.
Exemptions from the subsections are
justified for because application of these
provision would present a serious
impediment to law enforcement. Access
to the records contained in this system
of records could inform the subject of an
investigation of an actual or potential
criminal, civil, or regulatory violation,
of the existence of that investigation; of
the nature and scope of the information
and evidence obtained as to his
activities; of the identity of confidential
sources, witnesses, and law enforcement
personnel, and of information that may
enable the subject to avoid detection or
apprehension. These factors would
present a serious impediment to
effective law enforcement where they
prevent the successful completion of the
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40226
Federal Register / Vol. 88, No. 118 / Wednesday, June 21, 2023 / Notices
Michael R. Jurkowski,
Acting Director, Business Operations.
[FR Doc. 2023–13190 Filed 6–20–23; 8:45 am]
BILLING CODE 6353–01–P
CONSUMER PRODUCT SAFETY
COMMISSION
[CPSC Docket No. 22–1]
Notice of Prehearing Conference
Consumer Product Safety
Commission.
ACTION: Notice.
AGENCY:
Notice of prehearing
conference for In the Matter of Leachco,
Inc.; CPSC Docket No. 22–1.
DATES: Thursday, June 29, 2023 at 11:00
a.m. Eastern Time.
ADDRESSES: This event will be held
remotely.
SUMMARY:
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FOR FURTHER INFORMATION CONTACT:
Alberta E. Mills, Consumer Product
Safety Commission, Office of the
General Counsel, Division of the
Secretariat, cpsc-os@cpsc.gov; 240–863–
8938; 301–504–7479.
SUPPLEMENTARY INFORMATION: The text of
the Presiding Officer’s June 15, 2023
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Order Scheduling Prehearing
Conference appears below.
Authority: Consumer Product Safety
Act, 15 U.S.C. 2064.
Dated: June 15, 2023.
Alberta E. Mills,
Secretary, Consumer Product Safety
Commission.
FEDERAL MINE SAFETY AND
HEALTH REVIEW COMMISSION
Office of the Chief Administrative Law
Judge, 1331 Pennsylvania Ave. NW,
Suite 520N, Washington, DC 20004–
1710, Telephone: 202–434–9950, Fax:
202–434–9949,
June 15, 2023
In the Matter of LEACHCO, INC., CPSC
Docket No. 22–1
Respondent.
ORDER SCHEDULING PREHEARING
CONFERENCE
An initial prehearing conference was
held on April 22, 2022. A second
prehearing conference was held on
September 7, 2022.
On June 9, 2023, Respondent filed a
motion for summary decision.
Respondent also requested oral
argument on the motion. Complaint
Counsel has said he does not believe
oral argument is necessary, but that he
would be available for argument and
that argument would not affect the
current prehearing schedule agreed to
by the parties.
Upon consultation, the parties agreed
to convene a third prehearing
conference for oral argument. Other
relevant matters, such as the status of
discovery motions, matters to be
included in the final prehearing order,
and any other prehearing issues the
parties need to address may also be
discussed. See 16 CFR 1025.21(c)
(2022).
Each party shall be permitted 20
minutes for argument. As movant,
Respondent shall be permitted to
reserve five (5) minutes of its time for
rebuttal.
A third prehearing conference shall be
held as follows:
Date: Thursday, June 29, 2022.
Time: 11:00 a.m. Eastern Daylight
Time.
Means: Zoom [link provided to those
listed in Distribution].
The CPSC is working to secure a court
reporter for the prehearing conference. I
direct that notice of this conference be
published in the Federal Register. 16
CFR 1025.21(b) (2022).
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Administrative Law Judge
Distribution:
Brett Ruff, U.S. Consumer Product
Safety Commission, 4330 East West
Highway, Bethesda, MD 20814, bruff@
cpsc.gov
Rosalee Thomas, U.S. Consumer
Product Safety Commission, 4330 East
West Highway, Bethesda, MD 20814,
rbthomas@cpsc.gov
Caitlin O’Donnell, U.S. Consumer
Product Safety Commission, 4330 East
West Highway, Bethesda, MD 20814,
codonnell@cpsc.gov
Michael J. Rogal, U.S. Consumer
Product Safety Commission, 4330 East
West Highway, Bethesda, MD 20814,
mrogal@cpsc.gov
Gregory Reyes, U.S. Consumer Product
Safety Commission, 4330 East West
Highway, Bethesda, MD 20814,
greyes@cpsc.gov
Frank Perilla, U.S. Consumer Product
Safety Commission, 4330 East West
Highway, Bethesda, MD 20814,
FPerilia@cpsc.gov
Oliver J. Dunford, Pacific Legal
Foundation, 4440 PGA Blvd., Suite
307, Palm Beach Gardens, FL 33410,
ODunford@pacificlegal.org
John F. Kerkhoff, Pacific Legal
Foundation, 3100 Clarendon
Boulevard, Suite 610, Arlington, VA
22201, JKerkhoff@pacificlegal.org
Frank Garrison, Pacific Legal
Foundation, 3100 Clarendon
Boulevard, Suite 610, Arlington, VA
22201, FGarrison@pacificlegal.org
Jessica L. Thompson, Pacific Legal
Foundation, 3100 Clarendon
Boulevard, Suite 610, Arlington, VA
22201, JLThompson@pacificlegal.org
Alberta E. Mills, U.S. Consumer Product
Safety Commission, 4330 East West
Highway, Bethesda, MD 20814,
amills@cpsc.gov
[FR Doc. 2023–13185 Filed 6–20–23; 8:45 am]
BILLING CODE 6355–01–P
DEPARTMENT OF DEFENSE
Department of the Army
[Docket ID: USA–2023–HQ–0007]
Submission for OMB Review;
Comment Request
U.S. Army Corps of Engineers
(USACE), Department of the Army,
Department of Defense (DoD).
AGENCY:
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EN21JN23.070
investigation, endanger the physical
safety of confidential sources, witnesses,
and law enforcement personnel, and/or
lead to the improper influencing of
witnesses, the destruction of evidence,
or the fabrication of testimony. In
addition, granting access to such
information could disclose securitysensitive or confidential business
information or information that would
constitute an unwarranted invasion of
the personal privacy of third parties.
Finally, access to the records could
result in the release of properly
classified information which would
compromise the national defense or
disrupt foreign policy. Amendment of
the records would interfere with
ongoing investigations and law
enforcement activities and impose an
impossible administrative burden by
requiring investigations to be
continuously reinvestigated. It is not
possible to detect relevance or necessity
of specific information in the early
stages of a civil, criminal or other law
enforcement investigation, case, or
matter, including investigations in
which use is made of properly classified
information. Relevance and necessity
are questions of judgment and timing,
and it is only after the information is
evaluated that the relevance and
necessity of such information can be
established.
Agencies
[Federal Register Volume 88, Number 118 (Wednesday, June 21, 2023)]
[Notices]
[Pages 40223-40226]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-13190]
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COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE BLIND OR SEVERELY DISABLED
Privacy Act of 1974; System of Records
AGENCY: Committee for Purchase From People Who Are Blind or Severely
Disabled, Office of Inspector General.
ACTION: Notice of new privacy act system of records.
-----------------------------------------------------------------------
SUMMARY: In accordance with the Privacy Act of 1974 and OMB Circular A-
108, the U.S. AbilityOne Commission, Office of Inspector General
proposes to establish a new U.S. AbilityOne Commission, Office of
Inspector General system of records titled, AbilityOne/OIG-001 Case
Management System. This system of records will allow U.S. AbilityOne
Commission, Office of Inspector General to collect and maintain records
on individuals who may be complainants, subjects, witnesses, and others
who may be identified during an investigation. The records and
information collected and maintained in this system are used to
document the processing of allegations of violations of criminal,
civil, and administrative laws and regulations relating to U.S.
AbilityOne Commission/OIG programs, operations, and employees, as well
as contractors and other individuals and entities associated with U.S.
AbilityOne Commission/OIG. Additionally, the U.S. AbilityOne
Commission, Office of Inspector General is issuing a Notice of Proposed
Rulemaking to exempt this system from certain provisions of the Privacy
Act.
DATES: Submit comments on or before July 21, 2023. This new system will
be effective July 21, 2023.
ADDRESSES: You may submit comments, identified by docket number and
title, by any of the following methods:
Federal Rulemaking Portal: https://www.regulations.gov. Follow the
instructions for submitting comments.
Mail: U.S. AbilityOne Commission Office of Inspector General, 355 E
Street SW (OIG Suite 335), Washington, DC 20024.
Instructions: All submissions received must include the agency name
and docket number 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.
FOR FURTHER INFORMATION CONTACT: For general questions, please contact:
Kamil Ali, Attorney-Advisor, U.S. AbilityOne Commission Office of
Inspector General, 355 E Street SW (OIG Suite 335), Washington, DC
20024. (202) 603-2248, [email protected]. For privacy questions,
please contact: Mr. Kamil Ali, Attorney-Advisor, U.S. AbilityOne
Commission Office of Inspector General, 355 E Street SW (OIG Suite
335), Washington, DC 20024. Phone: (202) 603-2248, Email:
[email protected].
SUPPLEMENTARY INFORMATION:
I. Background
In accordance with the Privacy Act of 1974, 5 U.S.C. 552a, the U.S.
AbilityOne Commission, Office of Inspector General (AbilityOne/OIG)
proposes to establish a new system of records titled, ``AbilityOne/OIG-
001 Case Management System of Records.'' This system of records will
allow the U.S. AbilityOne Commission Office of the Inspector General to
collect and maintain records on individuals who may be complainants,
subjects, witnesses, and others who may be identified during the course
of an investigation. The U.S. AbilityOne Inspector General is
responsible for conducting and supervising independent and objective
audits, inspections, and investigations of the programs and operations
of the Commission. OIG promotes economy, efficiency, and effectiveness
within the AbilityOne/OIG and prevents and detects fraud, waste, and
abuse in its programs and operations. OIG's Office of Investigations
investigates allegations of criminal, civil, and administrative
misconduct involving U.S. AbilityOne Commission employees, contractors,
and Commission programs and activities. This includes investigating for
violations of criminal laws by entities regulated by U.S. AbilityOne
Commission, regardless of whether they receive Federal funds. These
investigations can result in criminal prosecutions, fines, civil
monetary penalties, and administrative sanctions.
The AbilityOne/OIG-001 Case Management System system of records
assists the OIG with receiving and processing complaints of violations
of criminal, civil, and administrative laws and regulations relating to
U.S. AbilityOne Commission employees, contractors, regulated persons,
and other individuals and entities associated with AbilityOne. The
system includes both paper investigative files and OIG's electronic
case management and tracking information system which also generates
reports. The case management system allows OIG to manage information
provided during its investigations, and, in the process, to facilitate
its management of investigations and investigative resources. Through
this system, OIG can create a record showing disposition of
allegations; track actions taken by management regarding misconduct;
track legal actions taken following referrals to the U.S. Department of
Justice for prosecution or civil action; provide a system for creating
and reporting statistical information; and track government property
and other resources used in investigative activities.
Additionally, the U.S. AbilityOne Commission, Office of Inspector
General is issuing a Notice of Proposed Rulemaking to exempt this
system from certain provisions of the Privacy Act.
II. Privacy Act
The Privacy Act (5 U.S.C. 552a) governs the means by which the
Federal Government collects, maintains, and uses personally
identifiable information (PII) in a System of Records. A ``System of
Records'' is a group of any records under the control of a federal
agency from which information about individuals is retrieved by name or
other personal identifier. The Privacy Act requires each agency to
publish in the Federal Register a System of Records notice (SORN)
identifying and describing each System of Records the agency maintains,
including the purposes for which the agency uses PII in the system, the
routine uses for which the agency discloses such information outside
the agency, and how individuals to whom a Privacy Act
[[Page 40224]]
record pertains can exercise their rights under the Privacy Act (e.g.,
to determine if the system contains information about them and to
contest inaccurate information).
In accordance with 5 U.S.C. 552a(r), U.S. AbilityOne Commission OIG
has provided a report of this system of records to the Office of
Management and Budget and to Congress. Below is the description of the
AbilityOne/OIG-001 Case Management System, System of Records.
SYSTEM NAME AND NUMBER:
AbilityOne Commission/Office of Inspector General (AbilityOne/OIG)-
001 Case Management System, System of Records.
SECURITY CLASSIFICATION:
Unclassified--Sensitive.
SYSTEM LOCATION:
Records are maintained at the U.S. AbilityOne Commission OIG
Headquarters in Washington, DC.
SYSTEM MANAGER(S):
Case Management System Administrator; 355 E St. SW (Suite 355),
Washington, DC 20024; Phone number 844-496-1536.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
The Inspector General Act of 1978, 5 U.S.C. 401-424; 5 U.S.C. app.
3.
PURPOSE(S) OF THE SYSTEM:
The records and information collected and maintained in this system
are used to document the processing of allegations of violations of
criminal, civil, and administrative laws and regulations relating to
U.S. AbilityOne Commission programs, operations, and employees, as well
as contractors and other individuals and entities associated with U.S.
AbilityOne Commission; monitor case assignments, status, disposition,
and results; manage investigations and information provided during the
course of such investigations; track actions taken by management
regarding misconduct and other allegations; track legal actions taken
following referrals to the Department of Justice for prosecution or
litigation; create and report statistical information; and manage
property records establishing chain of custody of evidence.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Individuals filing complaints of criminal, civil, or administrative
violations, including, but not limited to, fraud, waste, or
mismanagement; individuals alleged to have been involved in such
violations; individuals identified as having been adversely affected by
matters investigated by the OIG; individuals who have been identified
as possibly relevant to, or who are contacted as part of, an OIG
investigation, including: (A) current and former employees of the U.S.
AbilityOne Commission, other Federal agencies, and U.S. AbilityOne
Commission contractors, grantees, and persons whose association with
current and former employees relate to alleged violations under
investigation; and, (B) witnesses, complainants, confidential
informants, suspects, defendants, or parties who have been identified
by the OIG, other U.S. AbilityOne Commission components, other
agencies, or members of the general public in connection with
authorized OIG functions; and OIG employees performing investigative
functions.
CATEGORIES OF RECORDS IN THE SYSTEM:
Categories of records in this system may include:
Investigative agent name and contact information;
Individual's name and aliases;
Date of birth;
Social Security Number;
Telephone and cell phone numbers;
Physical and mailing addresses;
Electronic mail addresses;
Physical description;
Citizenship;
Photographs;
Job title, employment position, and other employment data;
Individual Eligibility Evaluations and other medical
documentation;
Any other personal information relevant to the subject
matter of an OIG investigation;
Investigative files containing complaints and allegations,
witness statements; transcripts of electronic monitoring; subpoenas and
legal opinions and advice; reports of investigation; reports of
criminal, civil, and administrative actions taken as a result of the
investigation; and other relevant evidence;
Property receipts establishing chain of custody of
evidence.
RECORD SOURCE CATEGORIES:
Records are obtained from sources including, but not limited to,
the individual record subjects; U.S. AbilityOne Commission employees,
grantees, and contractors; employees of Federal, State, local, and
foreign agencies; and other persons and entities.
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 the
Privacy Act, all or a portion of the records or information contained
in this system may be disclosed outside U.S. AbilityOne Commission as a
routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:
1. To other Federal, State, local, or foreign agencies or
administrations, and licensing and professional discipline authorities,
having interest or jurisdiction in the matter.
2. To third parties in the course of an investigation, when
necessary to obtain pertinent information.
3. To any person when disclosure of the record is needed to enable
the recipient of the record to take action to recover money or property
of U.S. AbilityOne Commission or OIG, when such recovery will accrue to
the benefit of the United States, or when disclosure of the record is
needed to enable the recipient of the record to take appropriate
disciplinary or corrective action to maintain the integrity of
AbilityOne programs or operations.
4. To complainants and/or victims to the extent necessary to
provide such persons with information and explanations concerning the
progress and/or results of the investigation or case arising from the
matters of which they complained and/or of which they were a victim.
5. To media and the public when the public interest requires,
unless it is determined by OIG counsel that release of specific
information in the context of a particular case would constitute an
unwarranted invasion of personal privacy.
6. To an individual or individuals who are in danger or in
situations involving an imminent danger of death or physical injury.
7. To either the House of Congress, or, to the extent of matter
within its jurisdiction, any committee thereof, any joint committee of
congress or subcommittee of any such joint committee.
8. To another agency or to an instrumentality of any governmental
jurisdiction within or under the control of United States for a civil
or criminal law enforcement activity if the head of the agency or the
instrumentality has made a written request to U.S. AbilityOne
Commission OIG specifying the particular portion of the record desired
and the law enforcement activity for which the record is sought.
9. To the Department of Justice when (a) the agency, or any
component thereof; or (b) any employee of the agency in his or her
official capacity; or (c) any employee of the agency in his or her
individual capacity where the Department of Justice has agreed to
[[Page 40225]]
represent the employee; or (d) the United States, where the agency
determines that litigation is likely to affect the agency or any of its
components, is a party to litigation or has an interest in such
litigation, and the use of such records by the Department of Justice is
deemed by the agency to be relevant and necessary to the litigation,
provided, however, that in each case, the agency determines that
disclosure of the records to the Department of Justice is a use of the
information contained in the records that is compatible with the
purpose for which the records were collected.
10. To a court or adjudicative body before which agency is
authorized to appear, when (a) the agency, or any component thereof; or
(b) any employee of the agency in his or her official capacity; or (c)
any employee of the agency in his or her individual capacity where the
agency has agreed to represent the employee; or (d) the United States,
where the agency determines that litigation is likely to affect the
agency or any of its components, is a party to litigation or has an
interest in such litigation, and the agency determines that use of such
records is relevant and necessary to the litigation, provided, however,
that in each case, the agency determines that disclosure of the records
to the Department of Justice is a use of the information contained in
the records that is compatible with the purpose for which the records
were collected.
11. To a congressional office in response to an inquiry of records
of an individual from the congressional office made at the request of
the individual.
12. To other agencies and the Council of Inspectors General on
Integrity and Efficiency (CIGIE) for purposes of conducting and
reviewing peer reviews of the OIG to ensure adequate internal
safeguards and management procedures exist or to ensure that standards
applicable to Government audits, investigations, or other agency
activities are applied and followed.
13. To appropriate agencies, entities, and persons when (1) U.S.
AbilityOne Commission OIG suspects or has confirmed that there has been
a breach of the system of records, (2) U.S. AbilityOne Commission OIG
has determined that as a result of the suspected or confirmed breach
there is a risk of harm to individuals, U.S. AbilityOne Commission OIG
(including its information systems, programs, and operations), the
Federal Government, or national security; and (3) the disclosure made
to such agencies, entities, and persons is reasonably necessary to
assist in connection with U.S. AbilityOne Commission OIG's efforts to
respond to the suspected or confirmed breach or to prevent, minimize,
or remedy such harm.
14. To another Federal agency or Federal entity, when U.S.
AbilityOne Commission OIG determines that information from this system
of records is reasonably necessary to assist the recipient agency or
entity in (1) responding to a suspected or confirmed breach or (2)
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.
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
Records in this system are stored electronically and/or on paper in
secure facilities. Electronic records may be stored on magnetic disc,
tape, digital media, and CD-ROM.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Records are primarily organized and retrieved by case numbers.
Paper media are retrievable alphabetically by name of subject or
complainant, by case number, and/or by special agent name and/or
employee identifying number. Electronic media are retrieved by the name
or identifying number for a complainant, subject, victim, or witness;
by case number; by special agent name or other personal identifier; or
by field office designation.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
Records for closed cases are kept for 15 years.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
Access is restricted to agency personnel whose responsibilities
require access. Access to the database is password protected with two
factor authentication.
RECORD ACCESS PROCEDURES:
Under the Privacy Act, individuals may request access to records
about themselves. If an agency or a person, who is not the individual
who is the subject of the records, requests access to records about an
individual, the written consent of the individual who is the subject of
the records is required. Requesters may submit requests for records
under the Privacy Act in the following ways: (1) by mail to Ms.
Kimberly Zeich, Executive Director, U.S. AbilityOne Commission 355 E
Street SW (Suite 325), Washington, DC 20024; or (2) via email to
[email protected]. Requesters must provide the information that is
necessary to identify the records, including the following: Requester's
full name; present mailing address; home telephone; work telephone;
name of subject, if other than requester; requester relationship to
subject; description of type of information or specific records; and
purpose of requesting information. Requesters should be as specific as
possible about the records being requested including enough file-
related or event-related information such as the subject matter and
date and any information to permit an organized, non-random search for
documents.
CONTESTING RECORD PROCEDURES:
Individuals seeking to contest or amend records maintained on
himself or herself must clearly and concisely state that information is
being contested, and the proposed amendment to the information sought.
Requests to amend a record must follow the Record Access Procedures
above.
NOTIFICATION PROCEDURE SECTIONS:
Same as Record Access Procedures.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
Pursuant to 5 U.S.C. 552a(j)(2), this system is exempt from the
following provisions of the Privacy Act: 5 U.S.C. 552a (c)(3)-(4); (d);
(e)(1)-(3); (e)(4)(G)-(I); (e)(5); (e)(8); and (f)-(g); and from 41 CFR
51-9.1, Sec. 51-9.2, Sec. 51-9.3, Sec. 51-9.4, and Sec. 51-9.7.
Pursuant to 5 U.S.C. 552a(k)(2), this system is exempt from the
following provisions of the Privacy Act, subject to the limitations set
forth in those subsections: 5 U.S.C. 552a(c)(3), (d). (e)(4)(G)-(I) and
(f);; and from 41 CFR 51-9.1, Sec. 51-9.2, Sec. 51-9.3, Sec. 51-9.4,
and Sec. 51-9.7.
Exemptions from the subsections are justified for because
application of these provision would present a serious impediment to
law enforcement. Access to the records contained in this system of
records could inform the subject of an investigation of an actual or
potential criminal, civil, or regulatory violation, of the existence of
that investigation; of the nature and scope of the information and
evidence obtained as to his activities; of the identity of confidential
sources, witnesses, and law enforcement personnel, and of information
that may enable the subject to avoid detection or apprehension. These
factors would present a serious impediment to effective law enforcement
where they prevent the successful completion of the
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investigation, endanger the physical safety of confidential sources,
witnesses, and law enforcement personnel, and/or lead to the improper
influencing of witnesses, the destruction of evidence, or the
fabrication of testimony. In addition, granting access to such
information could disclose security-sensitive or confidential business
information or information that would constitute an unwarranted
invasion of the personal privacy of third parties. Finally, access to
the records could result in the release of properly classified
information which would compromise the national defense or disrupt
foreign policy. Amendment of the records would interfere with ongoing
investigations and law enforcement activities and impose an impossible
administrative burden by requiring investigations to be continuously
reinvestigated. It is not possible to detect relevance or necessity of
specific information in the early stages of a civil, criminal or other
law enforcement investigation, case, or matter, including
investigations in which use is made of properly classified information.
Relevance and necessity are questions of judgment and timing, and it is
only after the information is evaluated that the relevance and
necessity of such information can be established.
Michael R. Jurkowski,
Acting Director, Business Operations.
[FR Doc. 2023-13190 Filed 6-20-23; 8:45 am]
BILLING CODE 6353-01-P