[Federal Register Volume 68, Number 66 (Monday, April 7, 2003)]
[Notices]
[Pages 16798-16801]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-8309]


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GENERAL SERVICES ADMINISTRATION


Privacy Act of 1974; Proposed Revisions to a Privacy Act System 
of Records

AGENCY: General Services Administration.

ACTION: Notice of proposed revisions to an existing Privacy Act system 
of records.

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SUMMARY: The General Services Administration (GSA) proposes to revise

[[Page 16799]]

an existing system of records titled ``Investigation Case Files'' (GSA/
ADM-24), last published on July 25, 1996 (61 FR 38752). The system of 
records, maintained by GSA's Office of Inspector General (OIG), is 
being revised to comply with requirements established by the Homeland 
Security Act of 2002 (Pub. L. 107-296, Nov. 25, 2002). The major change 
to the system is the addition of a new routine use to allow the 
disclosure of information to authorized officials within the 
President's Council on Integrity and Efficiency (PCIE), who are charged 
with the responsibility for conducting qualitative assessment reviews 
of investigative operations for the purpose of reporting to the 
President and Congress on the activities of the OIG. A minor change 
consisting of substituting a sequential numbering system for the 
current alphabetical system under routine uses in the Privacy Act 
notice also will be made for easier reference.

DATES: Any interested persons may submit written comments on this 
proposal. It will become effective without further notice on May 7, 
2003 unless comments received on or before that date result in a 
contrary determination.

ADDRESSES: Comments should be submitted to the Office of Counsel to the 
Inspector General (JC), Office of Inspector General, General Services 
Administration, 1800 F Street, NW., Washington, DC 20405.

FOR FURTHER INFORMATION CONTACT: GSA Privacy Act Officer, General 
Services Administration, Office of the Chief People Officer, 1800 F 
Street, NW., Washington, DC 20405; telephone (202) 501-1452.

SUPPLEMENTARY INFORMATION: This publication is in accordance with the 
Privacy Act requirement that agencies publish their amended systems of 
records in the Federal Register when there is a revision, change, or 
addition. GSA's Office of Inspector General (OIG) has reviewed its 
systems of records notices and has determined that its record system, 
Investigation Case Files (GSA/ADM-24), must be revised to add a routine 
use in order to comply with the Homeland Security Act of 2002. 
Specifically, section 812, subsection (7) of that Act reads as follows: 
``To ensure the proper exercise of the law enforcement powers 
authorized by this subsection, the Offices of Inspector General 
described under paragraph (3) shall, not later than 180 days after the 
date of enactment of this subsection, collectively enter into a 
memorandum of understanding to establish an external review process for 
ensuring that adequate internal safeguards and management procedures 
continue to exist within each Office and within any Office that later 
receives an authorization under paragraph (2). The review process shall 
be established in consultation with the Attorney General, who shall be 
provided with a copy of the memorandum of understanding that 
establishes the review process. Under the review process, the exercise 
of the law enforcement powers by each Office of Inspector General shall 
be reviewed periodically by another Office of Inspector General or by a 
committee of Inspectors General. The results of each review shall be 
communicated in writing to the applicable Inspector General and to the 
Attorney General.'' The additional routine use would allow the 
disclosure of information to authorized officials within the PCIE, the 
Department of Justice, and the Federal Bureau of Investigation, as 
necessary, for the purpose of conducting qualitative assessment reviews 
of the OIG's investigative operations to ensure that adequate internal 
safeguards and management procedures are maintained.

    Dated: March 31, 2003.
Daniel K. Cooper,
Director, Information Management Division.
GSA/ADM-24

System name:
    Investigation Case Files.

Security classification:
    Some of the material contained in the system has been classified in 
the interests of national security pursuant to Executive Order 11652.

System location:
    This system is located in the GSA Office of Inspector General, 1800 
F Street NW., Washington, DC 20405. The database for the system, known 
as the Investigations Information System (IIS), is on a local area 
network in the GS Building and is operated by the System Development 
and Support Division of the Office of Inspector General (JPM).

Categories of individuals covered by the system:
    Individuals covered by the system are employees, former employees, 
and applicants for employment with GSA, as well as commissions, 
committees and small agencies serviced by GSA. The system also includes 
historical researchers, employees of contractors performing custodial 
or guard services in buildings under GSA control, any person who was 
the source of a complaint or an allegation that a crime had taken 
place, a witness who has information or evidence on any side of an 
investigation, and any possible or actual suspect in a criminal, 
administrative, or civil action.

Categories of records in the system:
    Investigative files containing personal information, including 
name, date and place of birth, experience, and investigative material.

Authority for maintenance of the system:
    5 U.S.C. App. 3., section 2 et seq.

Purpose(s):
    The system serves as a basis for taking civil, criminal, and 
administrative actions, including the issuance of subpoenas, security 
clearances, suitability determinations, and similar authorized 
activities.

Routine uses of records maintained in the system, including categories 
of users and the purposes of such uses:
    Records are used by GSA officials and representatives of other 
government agencies on a need-to-know basis in the performance of their 
official duties under the authorities set forth above and for the 
following routine uses:
    1. A record of any case in which there is an indication of a 
violation of law, whether civil, criminal, or regulatory in nature, may 
be disseminated to the appropriate Federal, State, local, or foreign 
agency charged with the responsibility for investigating or prosecuting 
such a violation or charged with enforcing or implementing the law.
    2. A record may be disclosed to a Federal, State, local, or foreign 
agency or to an individual organization in the course of investigating 
a potential or actual violation of any law, whether civil, criminal, or 
regulatory in nature, or during the course of a trial or hearing or the 
preparing for a trial or hearing for such a violation, if there is 
reason to believe that such agency, individual, or organization 
possesses information relating to the investigation, and disclosing the 
information is reasonably necessary to elicit such information or to 
obtain the cooperation of a witness or an informant.
    3. A record relating to a case or matter may be disclosed in an 
appropriate Federal, State, local, or foreign court or grand jury 
proceeding in accordance with established constitutional, substantive, 
or procedural law or practice, even when the agency is not a party to 
the litigation.
    4. A record relating to a case or matter may be disclosed to an 
actual or potential party or to his or her attorney for the purpose of 
negotiation or discussion on matters such as settlement of the case or 
matter, plea-

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bargaining, or informal discovery proceedings.
    5. A record relating to a case or matter that has been referred by 
an agency for investigation, prosecution, or enforcement or that 
involves a case or matter within the jurisdiction of any agency may be 
disclosed to the agency to notify it of the status of the case or 
matter or of any decision or determination that has been made or to 
make such other inquiries and reports as are necessary during the 
processing of the case or matter.
    6. A record relating to a case or matter may be disclosed to a 
foreign country pursuant to an international treaty or convention 
entered into and ratified by the United States, or to an Executive 
agreement.
    7. A record may be disclosed to a Federal, State, local, foreign, 
or international law enforcement agency to assist in crime prevention 
and detection or to provide leads for investigation.
    8. A record may be disclosed to a Federal, State, local, foreign, 
tribal or other public authority in response to its request in 
connection with the hiring or retention of an employee, the issuance of 
a security clearance, the reporting of an investigation of an employee, 
the letting of a contract, or the issuing of a license, grant, or other 
benefit by the requesting agency, to the extent that the information 
relates to the requesting agency's decision on the matter.
    9. A record may be disclosed to the public, news media, trade 
associations, or organized groups when the purpose is educational or 
informational, such as describing crime trends or distinctive or unique 
modus operandi, provided that the record does not identify a specific 
individual.
    10. A record may be disclosed to an appeal or grievance examiner, 
formal complaints examiner, equal opportunity investigator, arbitrator, 
or other authorized official engaged in investigation or settlement of 
a grievance, complaint, or appeal filed by an employee. This includes 
matters and investigations involving the Merit Systems Protection Board 
or the Office of Special Counsel. A record may also be disclosed to the 
United States Office of Personnel Management (OPM) in accordance with 
the agency's responsibility for evaluating Federal personnel 
management.
    11. A record may be disclosed as a routine use to a Member of 
Congress or to a congressional staff member in response to an inquiry 
of the congressional office made at the request of the person who is 
the subject of the record.
    12. Information may be disclosed at any stage of the legislative 
coordination and clearance process to the Office of Management and 
Budget (OMB) for reviewing of private relief legislation as set forth 
in OMB Circular No. A-19.
    13. A record may be disclosed: (a) To an expert, a consultant, or 
contractor of GSA engaged in a duty related to an agency function to 
the extent necessary to perform the function; and (b) to a physician to 
conduct a fitness-for-duty examination of a GSA officer or employee.
    14. A record may be disclosed to any official charged with the 
responsibility to conduct qualitative assessment reviews of internal 
safeguards and management procedures employed in investigative 
operations. This disclosure category includes members of the 
President's Council on Integrity and Efficiency and officials and 
administrative staff within their investigative chain of command, as 
well as authorized officials of the Department of Justice and the 
Federal Bureau of Investigation.

Policies and practices for storing, retrieving, reviewing, retaining, 
and disposing of records in the system:
Storage:
    Paper records are kept in files and file folders. Electronic 
records are stored in an electronic database or on hard or floppy disks 
and tapes.

Retrievability:
    Paper records are retrievable manually by name from files indexed 
alphabetically and filed numerically by location and incident. 
Electronic records are retrievable by number or letter.

Safeguards:
    Paper records are stored in locked rooms with access limited to 
authorized personnel. Computer based records are available only to 
authorized users with a need to know and are protected by a network 
logon password, user password, and restricted right of access to the 
software, system, file, data element, and report.

Retention and disposal:
    Records are disposed of by shredding or burning, as scheduled in 
the HB, GSA Maintenance and Disposition System (OAD P 1820.2A), and the 
records schedules authorized by that system.

System manager(s) and address:
    The system manager is the System Development and Support Division 
of the Office of Inspector General (JPM). The mailing address is: 
General Services Administration (JPM), 1800 F Street NW., Washington, 
DC 20405.

Notification procedure:
    An individual who wishes to be notified whether the system contains 
a record concerning him or her should address a request to the Office 
of Counsel to the Inspector General (JC), General Services 
Administration, Room 5324, 1800 F Street NW., Washington, DC 20405.

Records access procedures:
    An individual seeking access to a record should put his or her 
request in writing and address it to the Office of Counsel to the 
Inspector General (JC), including full name (maiden name if 
appropriate), address, and date and place of birth. General inquiries 
may be made by calling the Office of Counsel to the Inspector General 
on (202) 501-1932.

Contesting record procedures:
    GSA rules for contesting the content of a record or appealing a 
denial of a request to amend a record are in 41 CFR part 105-64 
published in the Federal Register.

Record source categories:
    The sources are individuals themselves, employees, informants, law 
enforcement agencies, other government agencies, employers, references, 
co-workers, neighbors, educational institutions, and intelligence 
sources.

Systems exempted from certain provisions of the act:
    In accordance with 5 U.S.C. 552a(j), this system of records is 
exempt from all provisions of the Privacy Act of 1974 with the 
exception of subsections (b); (c)(1) and (2); (e)(4)(A) through (F); 
(e)(6), (7), (9), (10), and (11); and (i) of the Act, to the extent 
that information in the system pertains to the enforcement of criminal 
laws, including police efforts to prevent, control, or reduce crime or 
to apprehend criminals; to the activities of prosecutors, courts, and 
correctional, probation, pardon, or parole authorities; and to (a) 
information compiled for the purpose of identifying individual criminal 
offenders and alleged offenders and consisting only of identifying data 
and notations of arrests, the nature and disposition of criminal 
charges, sentencing, confinement, release, and parole and probation 
status; (b) information compiled for the purpose of a criminal 
investigation, including reports of informants and investigators, that 
is associated with an identifiable individual; or (c) reports of 
enforcement of the criminal laws, from arrest or

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indictment through release from supervision. This system is exempted to 
maintain the efficacy and integrity of the Office of Inspector 
General's law enforcement function. In accordance with 5 U.S.C. 
552a(k), this system of records is exempt from subsections (c)(3); (d); 
(e)(1); (e)(4); (G), (H), and (I); and (f) of the Privacy Act of 1974. 
The system is exempt:
    a. To the extent that the system consists of investigatory material 
compiled for law enforcement purposes. However, if any individual is 
denied any right, privilege, or benefit to which the individual would 
otherwise be eligible as a result of the maintenance of such material, 
such material shall be provided to such individual, except to the 
extent that the disclosure of such material would reveal the identity 
of a source who furnished information to the government under an 
express promise that the identity of the source would be held in 
confidence, or, prior to the effective date of the Act, under an 
implied promise that the identity of the source would be held in 
confidence; and
    b. To the extent the system consists of investigatory material 
compiled solely for the purpose of determining suitability, 
eligibility, or qualifications for Federal civilian employment, 
military service, Federal contracts, or access to classified 
information, but only to the extent that the disclosure of such 
material would reveal the identity of a source who furnished 
information to the Government under an express promise that the 
identity of the source would be held in confidence, or, prior to the 
effective date of the Act, under an implied promise that the identity 
of the source would be held in confidence.
    This system has been exempted to maintain the efficacy and 
integrity of lawful investigations conducted pursuant to the Office of 
Inspector General's law enforcement responsibilities and 
responsibilities in the areas of Federal employment, government 
contracts, and access to security classified information.

[FR Doc. 03-8309 Filed 4-4-03; 8:45 am]
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