Privacy Act of 1974; System of Records, 1948-1950 [2024-00371]

Agencies

• PEACE CORPS

[Federal Register Volume 89, Number 8 (Thursday, January 11, 2024)]
[Notices]
[Pages 1948-1950]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-00371]


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PEACE CORPS


Privacy Act of 1974; System of Records

AGENCY: Peace Corps.

ACTION: Notice of a modified system of records.

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SUMMARY: The Peace Corps Office of Inspector General is issuing public 
notice of its intent to amend a system of records that it maintains 
subject to the Privacy Act of 1974. PC-19, entitled ``Office of 
Inspector General Investigative Records'' is being amended to reflect 
two new routine uses for information contained in the system and to 
make various technical corrections and/or clarifications. The 
amendments also reflect the expanded authority granted to the Peace 
Corps Inspector General since the initial publication of PC-19.

DATES: This modified system of records is effective 30 days upon 
publication; however, comments on the Routine Uses will be accepted on 
or before February 9, 2024. The Routine Uses are effective at the close 
of the comment period.

ADDRESSES: Send written comments, identified by the docket number and 
title, to the Peace Corps, ATTN: James Olin, FOIA/Privacy Act Officer, 
1275 First Street NE, Washington, DC 20526, or by email at 
[email protected]. Email comments must be made in text and not in 
attachments.

FOR FURTHER INFORMATION CONTACT: James Olin, FOIA/Privacy Act Officer, 
1275 First Street NE, Washington, DC 20526; [email protected]; or 
202-692-2507.

SUPPLEMENTARY INFORMATION: The Peace Corps is amending a system of 
records that it maintains subject to the Privacy Act of 1974 (5 U.S.C. 
552a), as amended. Specifically, PC-19, entitled ``Office of Inspector 
General Investigative Records'' is being amended to reflect two new 
routine uses at paragraphs M and N:
    ``(M). Disclosure to all appropriate agencies, entities, and 
persons when (1) the Peace Corps suspects or has confirmed that there 
has been a breach of the system of records; (2) the Peace Corps has 
determined that as a result of the suspected or confirmed breach, there 
is a risk of harm to individuals, the Peace Corps (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 the Peace Corps' efforts to respond to the suspected or confirmed 
breach or to prevent, minimize, or remedy such harm.''
    ``(N). Disclosure to another Federal agency or Federal entity, when 
the Peace Corps 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.''
    The Peace Corps is also making technical amendments to references 
to the Inspector General Act, which has been amended and is now cited 
at 5 U.S.C. 401-424.
    Pursuant to 5 U.S.C. 552a(j)(2), there is one substantive change 
being made to the exemptions promulgated for the system. The addition 
of this exemption is in keeping with the Inspector General's delegated 
law enforcement authority from the Attorney General. The added 
exemption also aligns with the Peace Corps' published rule, entitled, 
``Privacy Act Regulations,'' establishing its procedures relating to 
access, maintenance, disclosure and amendment of records which are in a 
Peace Corps system of records per the Privacy Act, promulgated at 22 
CFR part 308 (https://www.ecfr.gov/current/title-22/chapter-III/part-308). In accordance with 5 U.S.C. 552a(r), the Peace Corps has provided 
a report of this amended system of records to the Office of Management 
and Budget and to Congress.

SYSTEM NAME AND NUMBER:
    Office of Inspector General Investigative Records, PC-19.

SECURITY CLASSIFICATION:
    Unclassified.

SYSTEM LOCATION:
    Office of Inspector General, Peace Corps, 1275 First Street NE, 
Washington, DC 20526.

SYSTEM MANAGER(S):
    Inspector General, Peace Corps, 1275 First Street NE, Washington, 
DC 20526.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    The Inspector General Act of 1978, as amended, 5 U.S.C. 401-424; 
The Peace Corps Act of 1961, as amended, 22 U.S.C. chapter 34.

PURPOSE(S) OF THE SYSTEM:
    The purpose of this system is to enable the Peace Corps Office of 
Inspector General to carry out its responsibilities under the Inspector 
General Act of 1978, as amended, 5 U.S.C. 401-424, and the Peace Corps 
Act of 1961, as amended, including the affirmative responsibility to 
conduct and supervise investigations.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    The investigative record subject, individuals who are part of an 
investigation of fraud, waste, or abuse concerning Peace Corps programs 
or operations; individuals interviewed or involved in the death of a 
Volunteer; current and former Peace Corps employees, Peace Corps 
Volunteers, Returned Peace Corps Volunteers, contractors, witnesses, 
complainants, informants, suspects or other persons associated with an 
investigation.

CATEGORIES OF RECORDS IN THE SYSTEM:
    The categories of records in this system include the correspondence 
related to investigations; information provided by subjects, witnesses, 
or investigatory or law enforcement organizations; reports of 
investigation, including affidavits, statements, transcripts of 
testimony, or other documents pertinent to investigations, as well as 
medical and behavioral health records.

RECORD SOURCE CATEGORIES:
    The information sources include Peace Corps office and program 
officials, employees, contractors, grantees, and other individuals or 
entities associated with Peace Corps; subjects of an investigation; 
individuals, businesses, or entities with whom the subjects are or were 
associated (e.g., colleagues, business associates, acquaintances, or 
relatives); Federal, State, local, international, and foreign 
investigative or law enforcement agencies; other government agencies; 
confidential sources; complainants; witnesses; concerned citizens; and 
public source materials.

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, the Peace Corps may disclose all or a 
portion of

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the records or information contained in this system outside of the 
Peace Corps without the consent of the subject individual, if the 
disclosure is compatible with the purpose for which the record was 
collected, as a routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:
    A. Disclosure for Law Enforcement Purposes. Information may be 
disclosed to the appropriate Federal, State, local, or foreign agency 
responsible for investigating, prosecuting, enforcing, or implementing 
a statute, rule, regulation, or order, if the information indicates a 
violation or potential violation of civil or criminal law or regulation 
within the jurisdiction of the receiving entity.
    B. Disclosure Incident to Requesting Information. Information may 
be disclosed to any source from which additional information is 
requested (to the extent necessary to identify the individual, inform 
the source of the purpose(s) of the request, or to identify the type of 
information requested); when necessary to obtain information relevant 
to a Peace Corps decision concerning retention of an employee or other 
personnel action (other than hiring), retention of a security 
clearance, the letting of a contract, or the issuance or retention of a 
grant or other benefit.
    C. Disclosure to Requesting Agency. Information may be disclosed to 
a Federal, State, local, or other public authority of the fact that 
this system of records contains information relevant to the requesting 
agency's retention of an employee, the retention of a security 
clearance, the letting of a contract, or the issuance or retention of a 
license, grant, or other benefit. The other agency or licensing 
organization may then make a request supported by the written consent 
of the individual for part or all of the record if it so chooses. No 
disclosure will be made unless the information has been determined to 
be sufficiently reliable to support a referral to another office within 
the agency or to another Federal agency for criminal, civil, 
administrative, personnel, or regulatory action.
    D. Disclosure to Office of Management and Budget. Information may 
be disclosed to the Office of Management and Budget at any stage in the 
legislative coordination and clearance process in connection with 
private relief legislation as set forth in OMB Circular No. A-19.
    E. Disclosure to Congressional Offices. Information may be 
disclosed to a congressional office from the record of an individual in 
response to an inquiry from the congressional office made at the 
request of the individual.
    F. Disclosure to Department of Justice. Information may be 
disclosed for purposes of litigation, provided that in each case the 
disclosure is compatible with the purpose for which the records were 
collected. Disclosure for these purposes may be made to the Department 
of Justice, or in a proceeding before a court, adjudicative body, or 
other administrative body before which the Peace Corps is authorized to 
appear. This disclosure may be made when: 1. The Peace Corps, or any 
component thereof; 2. Any employee of the Peace Corps in his or her 
official capacity; 3. Any employee of the Peace Corps in his or her 
individual capacity where the Department of Justice or the Peace Corps 
has agreed to represent the employee; or 4. The United States (when the 
Peace Corps determines that litigation is likely to affect the Peace 
Corps 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 or the Peace Corps is deemed by the Peace Corps 
to be relevant and necessary to the litigation.
    G. Disclosure to the National Archives. Information may be 
disclosed to the National Archives and Records Administration in 
records management inspections.
    H. Disclosure to Contractors, Grantees, and Others. Information may 
be disclosed to contractors, grantees, consultants, or Volunteers 
performing or working on a contract, service, grant, cooperative 
agreement, job, or other activity for the Peace Corps and who have a 
need to have access to the information in the performance of their 
duties or activities for the Peace Corps. When appropriate, recipients 
will be required to comply with the requirements of the Privacy Act of 
1974 as provided in 5 U.S.C. 552a(m).
    I. Disclosures for Administrative Claims, Complaints, and Appeals. 
Information may be disclosed to an authorized appeal grievance 
examiner, formal complaints examiner, equal employment opportunity 
investigator, arbitrator, or other person properly engaged in 
investigation or settlement of an administrative grievance, complaint, 
claim, or appeal filed by an employee, but only to the extent that the 
information is relevant and necessary to the proceeding, Agencies that 
may obtain information under this routine use include, but are not 
limited to: the Office of Personnel Management, Office of Special 
Counsel, Federal Labor Relations Authority, U.S. Equal Employment 
Commission, and Office of Government Ethics.
    J. Disclosure to the Office of Personnel Management. Information 
may be disclosed to the Office of Personnel Management pursuant to that 
agency's responsibility for evaluation and oversight of Federal 
personnel management.
    K. Disclosure in Connection with Litigation. Information may be 
disclosed in connection with litigation or settlement discussions 
regarding claims by or against the Peace Corps, including public 
filings with a court, to the extent that disclosure of the information 
is relevant and necessary to the litigation or discussions and except 
where court orders are otherwise required under Section (b)(11) of the 
Privacy Act of 1974, 5 U.S.C. 552a(b)(11).
    L. Disclosure to U.S. Ambassadors. Information from this system of 
records may be disclosed to a U.S. Ambassador or his or her designee in 
a country where the Peace Corps serves when the information is needed 
to perform an official responsibility, to allow the Ambassador to 
knowledgeably respond to official inquiries and deal with in- country 
situations that are within the scope of the Ambassador's 
responsibility.
    M. Disclosure to all appropriate agencies, entities, and persons 
when (1) the Peace Corps suspects or has confirmed that there has been 
a breach of the system of records; (2) the Peace Corps has determined 
that as a result of the suspected or confirmed breach, there is a risk 
of harm to individuals, the Peace Corps (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 the Peace 
Corps' efforts to respond to the suspected or confirmed breach or to 
prevent, minimize, or remedy such harm.
    N. Disclosure to another Federal agency or Federal entity, when the 
Peace Corps 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.
    Additionally, records may also be disclosed to:
    1. To non-governmental parties where those parties may have 
information the

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OIG seeks to obtain in connection with an investigation or inquiry.
    2. To qualified individuals or organizations in connection with the 
performance of a peer review or other study of the OIG's audit or 
investigative functions.
    3. To a Federal agency responsible for considering debarment or 
suspension action if the record would be relevant to such action.
    4. To the Department of Justice for the purpose of obtaining its 
advice on Freedom of Information Act matters.
    5. To the Office of Government Ethics (OGE) to comply with agency 
reporting requirements established by OGE in 5 CFR 2638.604.
    6. To the Council of the Inspectors General on Integrity and 
Efficiency, another Federal Office of Inspector General, or other 
Federal law enforcement office in connection with an allegation of 
wrongdoing by the Inspector General or staff members of the OIG.
    7. To a grand jury agent pursuant to a federal or state grand jury 
subpoena or in response to a prosecution request that such record or 
information is released for the purpose of its introduction to a grand 
jury.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    Investigative Records are maintained in electronic and paper 
format. Electronic records are stored in computerized databases. Paper 
records and other media (photographs, audio recording, CDs, etc.) are 
stored in locked containers in a secured restricted area.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    The paper or physical case records are retrieved by case number. 
Electronic records may be retrieved by case number, case name, subject, 
cross referenced item key word search, batch retrieval applications, or 
by any available field or metadata element recorded in the system.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    Investigative records are retained, retired and destroyed in 
accordance with the Peace Corps' published record disposition schedule 
that is approved by the National Archives and Records Administration.

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    The Peace Corps safeguards records in this system in accordance 
with applicable laws, rules, and policies to protect personally 
identifiable information against unauthorized access or disclosure. The 
Peace Corps has imposed strict controls to minimize such risks. 
Administrative safeguards include but not limited to: access to the 
information in this system is limited to authorized personnel with 
official duties requiring access, and whose roles have been authorized 
with such access permissions. All such individuals receive the 
appropriate privacy and cybersecurity training on an annual basis.
    The physical controls in place include the servers storing 
electronic data are located offsite in a locked facility with access 
limited to authorized personnel. The servers are maintained in 
accordance with a government contract that requires adherence to 
applicable laws, rules, and policies on protecting individual privacy. 
Computerized records are safeguarded in a secured environment. Security 
protocols meet the promulgating guidance as established by the National 
Institute of Standards and Technology (NIST) Security Standards from 
Access Control to Data Encryption and Security Assessment and 
Authorization. The paper or other physical records are kept in limited 
access areas during duty hours and in locked file cabinets and/or 
locked offices at all other times.
    The technical controls in place include multiple firewalls, system 
access, encrypted data at rest, encrypted data in motion, periodic 
vulnerability scans to ensure security compliance, and security access 
logs. Security complies with applicable Federal Information Processing 
Standards (FIPS) issued by NIST. Access is restricted to specific 
authorized Peace Corps individuals who have internet access through 
work computers using a Personally Identity Verification (PIV). 
Individual users can only access records with the proper pre-approved 
accreditation.

RECORD ACCESS PROCEDURES:
    Records in this system are exempt from the provisions of the 
Privacy Act of 1974 that permit access, correction, and notification to 
the extent permitted under the Privacy Act of 1974, 5 U.S.C. 
552a(j)(2), (k)(2), and 22 CFR 308.14. At the Inspector General's 
discretion, individual requests for access and correction may be 
granted if it is determined that the exercise of these rights will not 
interfere with an interest that the exemption is intended to protect. 
The exemption from access is limited in some instances by law to 
information that would reveal the identity of a confidential source. 
Individuals seeking access to their records should follow the 
procedures in 22 CFR part 308. Individuals should address written 
inquiries to the OIG FOIA Officer at [email protected]. Complete 
Peace Corps Privacy Act procedures are set out in 22 CFR part 308. 
Requesters will be required to provide adequate identification. 
Additional identification may be required in some instances. Requests 
for correction or amendment must identify the record to be changed and 
the corrective action sought.

CONTESTING RECORD PROCEDURES:
    Requests must follow the ``Records Access Procedures,'' above. 
Clearly and concisely state what information is being contested, the 
reasons for contesting it, and the proposed amendment to the 
information sought.

NOTIFICATION PROCEDURES:
    See ``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 of 1974, subject to the 
limitations set forth in that subsection: 5 U.S.C. 552a(c)(3)-(4); (d); 
(e)(1), (e)(2), (e)(3), (e)(4)(G), (e)(4)(H), (e)(5), and (e)(8); (f); 
and (g). Pursuant to 5 U.S.C. 552a(k)(2), this system is exempt from 
the following provisions of the Privacy Act of 1974, subject to the 
limitations set forth in that subsection: 5 U.S.C. 552a(c)(3), (d), 
(e)(1), (e)(4)(G), (e)(4)(H), and (f).

HISTORY:
    58 FR 39839; 65 FR 53772; 72 FR 44878.

    Dated: January 5, 2024.
James Olin,
FOIA/Privacy Act Officer.
[FR Doc. 2024-00371 Filed 1-10-24; 8:45 am]
BILLING CODE 6051-01-P