[Federal Register Volume 89, Number 91 (Thursday, May 9, 2024)]
[Notices]
[Pages 39624-39627]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-10147]


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GENERAL SERVICES ADMINISTRATION

[Notice-IEB-2024-04; Docket No. 2024-0002; Sequence No. 22]


Privacy Act of 1974; System of Records

AGENCY: General Services Administration

ACTION: Notice of a modified system of records.

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SUMMARY: GSA proposes to modify a system of records subject to the 
Privacy Act of 1974, as amended. The previously published notice is 
being revised to add two new routine uses, make law enforcement records 
held within the system exempt from the access and amendment provisions 
of the Privacy Act, and make changes to update the System of Records 
Notice (SORN).

DATES: Submit comments on or before June 10, 2024.

ADDRESSES: Comments may be submitted to the Federal eRulemaking Portal, 
http://www.regulations.gov. Submit comments by searching for GSA/ADM-
26, Office of Inspector General Counsel Files.

FOR FURTHER INFORMATION CONTACT: Call or email Richard Speidel, Chief 
Privacy Officer at 202-969-5830 and [email protected].

SUPPLEMENTARY INFORMATION: GSA proposes to modify the SORN for the 
Office of Inspector General Counsel Files subject to the Privacy Act of 
1974, 5 U.S.C. 552a. GSA intends to add two new routine uses that are 
consistent with the purpose of this system of records.
    GSA proposes adding a routine use (routine use ``j'') and revising 
routine use ``i'' to reflect the current Office of Management and 
Budget (OMB) breach response guidance in M-17-12, Preparing for and 
Responding to a Breach of Personally Identifiable Information.
    The Inspector General Empowerment Act of 2016 (IGEA), 5 U.S.C. 
406(j), exempts certain computerized data comparisons performed by or 
in coordination with Inspectors General from the Computer Matching and 
Privacy Protection Act of 1988, Pub. L. 100-503. GSA proposes adding a 
new routine use (routine use ``n'') to clarify that the GSA Office of 
Inspector General (OIG) has authority to compare OIG records contained 
in the system with the records of other Federal agencies and non-
Federal records. GSA is also updating the SORN to make law enforcement 
records contained in the system exempt from the access and amendment 
provisions of the Privacy Act, consistent with the other two OIG SORNs, 
which are listed as GSA/ADM-24 and GSA/ADM-25.
    In addition to making minor technical and administrative 
corrections and changes to format, GSA proposes: (1) updating the 
system location to include secure servers maintained by third-party 
secure providers to support the procurement of solutions or processes 
that may require the support of third-party service providers; (2) 
updating the categories of individuals covered by the system; (3) 
adding additional detail to the categories of records in the system

[[Page 39625]]

and the record source categories; and (4) changing the notification, 
access, and amendment procedures to align with the corresponding GSA 
Code of Federal Regulations. The proposed revisions are compatible with 
the purpose of this system of record.
    The Inspector General Act of 1978 (as amended 5 U.S.C. 401-424) 
established the GSA OIG to conduct and supervise audits and 
investigations relating to the programs and operations of GSA. Within 
the GSA OIG, the responsibilities of the Office of Counsel to the 
Inspector General include (1) providing legal services to the OIG on 
GSA programs and operations, administrative law issues, and criminal 
procedure, (2) representing the OIG in assisting the Department of 
Justice (DOJ) with litigation, including settlement of cases arising 
under the False Claims Act, (3) representing the OIG in personnel 
actions, and (4) responding to requests submitted to the OIG, including 
under the Freedom of Information Act (FOIA) and Privacy Act. The Office 
of Inspector General Counsel Files provide for the collection of 
information to track, manage, and process False Claims Act complaints, 
administrative actions including personnel matters, FOIA and Privacy 
Act requests, and other administrative and litigation matters handled 
by the Office of Counsel to the Inspector General.

Richard Speidel,
Chief Privacy Officer,Office of the Deputy Chief Information Officer, 
General Services Administration.

SYSTEM NAME AND NUMBER:
    Office of Inspector General Counsel Files, GSA/ADM-26.

SECURITY CLASSIFICATION:
    Unclassified.

SYSTEM LOCATION:
    The system is maintained electronically and in paper form in the 
Office of Counsel to the Inspector General (OIG/JC). Original and 
duplicate systems may exist, in whole or in part, at secure sites and 
on secure servers maintained by third-party service providers for the 
GSA OIG. These systems are FedRAMP Moderate compliant and have all 
applicable Federal Information Security Modernization Act (FISMA), 
Federal Information Processing Standards (FIPS), and security controls 
as applicable.

SYSTEM MANAGER(S):
    Director, Information Technology of the Office of Inspector General 
(JPM), 1800 F Street NW, Washington, DC 20405.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    General authority to maintain the system is contained in the 
Inspector General Act of 1978, as amended, 5 U.S.C. 401-424.

PURPOSE(S) OF THE SYSTEM:
    The records in this system are maintained for the purpose of 
providing representational and advisory legal services to the OIG.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    The system contains records related to individuals involved in 
litigation with the United States, or the OIG, officials, or components 
of the OIG; individuals involved in administrative proceedings before 
the OIG, to which the OIG is a party or in which the OIG has an 
interest; individuals suspected of violations of criminal and civil 
statutes or regulations or GSA policies, procedures, or directives; 
individuals who have filed a FOIA request, Privacy Act request, or FOIA 
or Privacy Act appeal; individuals involved in negotiations, claims, or 
disputes with the OIG; present and former employees of GSA and the OIG; 
individuals who have submitted a complaint or allegation to the OIG; 
and individuals referenced in potential or actual cases and matters 
under the jurisdiction of the Office of Counsel to the Inspector 
General.

CATEGORIES OF RECORDS IN THE SYSTEM:
    The system contains information needed by the Office of Counsel to 
the Inspector General to represent and advise the OIG. Records in this 
system pertain to a broad variety of matters under the jurisdiction of 
the Office of Counsel, including but not limited to civil, criminal, 
and administrative actions, personnel matters, correspondence, special 
projects, and FOIA and Privacy Act requests and appeals. Records may 
include but are not limited to: name, social security number, 
addresses, phone numbers, email addresses, birth date, financial 
information, work history, medical records, or employment records. The 
system may also contain other records such as: case history files, 
copies of applicable laws, working papers of attorneys, testimony of 
witnesses, correspondence, accident reports, pleadings, affidavits, 
litigation reports, financial data, and other material that is used as 
a basis for providing legal advice.

RECORD SOURCE CATEGORIES:
    Records are collected from other systems, individuals and their 
representatives, present and former GSA and OIG employees, 
complainants, informants, witnesses, government contractors, law 
enforcement agencies, other government agencies, State agencies, credit 
bureaus, data services, employers, references, educational 
institutions, public sources, and entities involved in an 
administrative matter, claim or litigation.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND PURPOSES OF SUCH USES:
    In addition to other disclosures generally permitted under 
subsection (b) of the Privacy Act of 1974, 5 U.S.C. 552a(b), the GSA 
OIG may disclose records for the following routine uses:
    a. A record of any case in which there is an indication of a 
violation or potential 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.
    b. A record may be disclosed to a Federal, State, local, or foreign 
agency or to an individual or 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 preparation 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.
    c. 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.
    d. 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-bargaining, or informal discovery proceedings.
    e. 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 assignment, hiring or retention of an

[[Page 39626]]

individual and/or employee, or disciplinary or other administrative 
action concerning an employee, the issuance or revocation of a security 
clearance, the reporting of an investigation of an individual and/or 
employee, or the letting of a contract, or the award of a contract, 
grant, or other benefit by the requesting agency, to the extent that 
the information relates to the requesting agency's decision on the 
matter.
    f. A record may be disclosed to an appeal, grievance, hearing, or 
complaint examiner; an equal opportunity investigator, arbitrator, or 
mediator; and/or an exclusive representative or other person authorized 
to investigate or settle a grievance, complaint, or appeal filed by an 
individual who is the subject of the record.
    g. 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.
    h. A record may be disclosed: (a) to an expert, a consultant, or 
contractor of GSA or GSA OIG 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 or GSA OIG 
officer or employee.
    i. To appropriate agencies, entities, and persons when (1) GSA and/
or GSA OIG suspects or has confirmed that there has been a breach of 
the system of records; (2) GSA and/or GSA OIG has determined that as a 
result of the suspected or confirmed breach there is a risk of harm to 
individuals, GSA and/or GSA 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 GSA's and/
or GSA OIG's efforts to respond to the suspected or confirmed breach or 
to prevent, minimize, or remedy such harm.
    j. To another Federal agency or Federal entity, when GSA and/or GSA 
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.
    k. In any legal proceeding, where pertinent, to which GSA, GSA OIG, 
a GSA employee, a GSA OIG employee, or the United States or other 
entity of the United States government is a party before a court or 
administrative body.
    l. To the Office of Personnel Management (OPM), the Office of 
Management and Budget (OMB), and the Government Accountability Office 
(GAO) in accordance with their responsibilities for evaluating Federal 
programs.
    m. To the National Archives and Records Administration (NARA) for 
records management purposes.
    n. A record may be disclosed to compare such record with records in 
other Federal agencies' systems of records or to non-Federal records.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    Electronic records and backups are stored on secure servers and 
accessed only by authorized personnel, in accordance with GSA OIG IT 
Security Policy. Paper files are stored in locked rooms or filing 
cabinets with access limited to authorized personnel.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    System records are retrievable by searching against information in 
the record pertaining to an individual, key word, case description, 
file number, or case title.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    System records are retained and disposed of according to GSA 
records maintenance and disposition schedules and the requirements of 
the National Archives and Records Administration.

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS
    Records in the system are protected from unauthorized access and 
misuse through a combination of administrative, technical, and physical 
security measures. Administrative measures include but are not limited 
to policies that limit system access to individuals within an agency 
with a legitimate business need, and regular review of security 
procedures and best practices to enhance security. Technical measures 
include but are not limited to system design that allows authorized 
system users access only to data for which they are responsible per 
FISMA requirements; required use of strong passwords that are 
frequently changed; and use of encryption for certain data transfers 
using current FIPS compliant protocols. Physical security measures 
include but are not limited to the use of data centers which meet 
government requirements for storage of sensitive data. Paper files are 
stored in locked rooms or filing cabinets and can only be accessed by 
authorized users.

RECORD ACCESS PROCEDURES:
    This system of records is exempt from certain notification, access, 
and amendment procedures of the Privacy Act, as described below. 
However, GSA OIG will consider individual requests to determine whether 
or not information may be released. If an individual wishes to access 
any record pertaining to him or her in the system, that individual 
should consult the GSA's Privacy Act implementation rules available at 
41 CFR part 105-64.2.

CONTESTING RECORD PROCEDURES:
    If an individual wishes to contest the content of any record 
pertaining to him or her in the system, that individual should consult 
the GSA's Privacy Act implementation rules available at 41 CFR part 
105-64.4.

NOTIFICATION PROCEDURES:
    Individuals seeking notification of any records about themselves 
contained in this system of records should contact the system manager 
at the address above. Follow the procedures on accessing records in 41 
CFR part 105-64, subpart 105-64.2 to request such notification.

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    a. 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 indictment through 
release from supervision. This system is exempted to

[[Page 39627]]

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 to the extent that the system 
consists of investigatory material compiled for law enforcement 
purposes, other than material within the scope of 5 U.S.C. 552a(j). 
However, if an 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.

HISTORY:
    This notice revises the previously published notice (76 FR 56763, 
September 14, 2011).

[FR Doc. 2024-10147 Filed 5-8-24; 8:45 am]
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