Privacy Act of 1974; System of Records, 40223-40226 [2023-13190]

Agencies

• Committee for Purchase From People Who Are Blind or Severely Disabled

[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.

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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

[[Page 40226]]

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