[Federal Register Volume 76, Number 178 (Wednesday, September 14, 2011)]
[Notices]
[Pages 56763-56765]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-23467]
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GENERAL SERVICES ADMINISTRATION
[Notice: CIB-2011-3; Docket-2011-0004; Sequence 5]
Privacy Act of 1974; Notice of New System of Records
AGENCY: General Services Administration.
ACTION: New notice.
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SUMMARY: GSA proposes to establish a new system of records subject to
the Privacy Act of 1974, as amended, 5 U.S.C. 552a.
DATES: Effective October 14, 2011.
FOR FURTHER INFORMATION CONTACT: Call or e-mail the GSA Privacy Act
Officer: telephone 202-208-1317; e-mail [email protected].
ADDRESSES: GSA Privacy Act Officer (CIB), General Services
Administration, 1275 First Street, NE., Washington, DC 20417.
SUPPLEMENTARY INFORMATION: GSA proposes to establish a new system of
records subject to the Privacy Act of 1974, 5 U.S.C. 552a. The
Inspector General Act of 1978 (5 U.S.C. App.) established the GSA
Office of Inspector General (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)
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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 and Privacy Act. The system will provide for
the collection of information to track, manage, and process False
Claims Act complaints, administrative actions including personnel
matters, Freedom of Information Act and Privacy Act requests, and other
administrative and litigation matters handled by the Office of Counsel
to the Inspector General.
Dated: September 7, 2011.
Cheryl M. Paige,
Director, Office of Information Management.
GSA/ADM-26
SYSTEM NAME:
Office of Inspector General Counsel Files
SYSTEM LOCATION:
The system is maintained electronically and in paper form in the
Office of Counsel to the Inspector General (OIG/JC).
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Individuals who are (1) parties to or are otherwise referenced in
complaints, administrative actions or other litigation or potential
litigation related to GSA, (2) in Freedom of Information Act, Privacy
Act, correspondence, or other requests handled by the OIG, (3) in GSA
or OIG special projects or other records maintained by the Office of
Counsel, and (4) attorneys, paralegals, and other employees of the
Office of Inspector General directly involved in these cases or
matters.
CATEGORIES OF RECORDS IN THE SYSTEM:
The system contains information routinely and necessarily obtained
by the OIG Counsel's Office in the conduct of its official
responsibility to represent and advise the GSA OIG. Records in this
system pertain to a broad variety of matters handled by the OIG Office
of Counsel, including but not limited to civil, criminal, and
administrative actions, personnel matters, correspondence, special
projects, and Freedom of Information Act and Privacy Act requests.
Records may include but are not limited to: Name, social security
number, addresses, phone numbers, e-mail address, birth date, financial
information, 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 records. This system notice covers
records not covered by other appropriate system of records notices.
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. App. 3.
PURPOSE(S):
The records in this system are maintained for the purpose of
providing representational and advisory legal services to the OIG.
ROUTINE USES OF THE SYSTEM RECORDS, INCLUDING CATEGORIES OF USERS AND
THEIR PURPOSES FOR USING THE SYSTEM:
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:
a. 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.
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,
or 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.
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 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.
i. To appropriate agencies, entities, and persons when (1) the
Agency suspects or has confirmed that the security or confidentiality
of information in the system of records has been compromised; (2) the
Agency has determined that as a result of the suspected or confirmed
compromise there is a risk of harm to economic or property interests,
identity theft or fraud, or harm to the security or integrity of this
system or other systems or programs (whether maintained by GSA or
another agency or entity) that rely upon the compromised information;
and (3) the disclosure made to such agencies, entities, and persons is
reasonably necessary to assist in connection with GSA's efforts to
respond to the suspected or confirmed compromise and prevent, minimize,
or remedy such harm.
j. In any legal proceeding, where pertinent, to which GSA, a GSA
employee, or the United States or other entity of the United States
Government is a party before a court or administrative body.
k. To the Office of Personnel Management (OPM), the Office of
Management and Budget (OMB), and the Government Accountability Office
(GAO) in accordance with their
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responsibilities for evaluating Federal programs.
l. To the National Archives and Records Administration (NARA) for
records management purposes.
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Records are maintained in paper and/or electronic form in the
Office of Inspector General.
RETRIEVABILITY:
Records may be retrieved based on any information captured,
including but not limited to: name, case name, and social security
number.
SAFEGUARDS:
Access to electronic records is limited to authorized individuals
with a need to know, and with passwords or keys. Electronic files are
maintained behind an OIG firewall certified and accredited based on the
security controls of the National Institute of Standards and Technology
(NIST) and GSA Policy, and paper files are stored in locked rooms or
filing cabinets with access limited to authorized personnel.
RETENTION AND DISPOSAL:
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.
SYSTEM MANAGER AND ADDRESS:
Office of Counsel to the Inspector General, General Services
Administration, 1800 F Street, NW., Washington, DC 20405. The Office of
Counsel may also be contacted via telephone at (202) 501-1932.
NOTIFICATION PROCEDURE:
Individuals wishing to inquire if the system contains information
about them should contact the system manager at the above address.
RECORD ACCESS PROCEDURES:
Individuals wishing to access their own records should contact the
system manager in writing at the address above, and should include
their full name (maiden name if appropriate), address, and date and
place of birth. General inquiries may be made by telephone: (202) 501-
1932.
RECORD CONTESTING PROCEDURE:
Individuals wishing to amend their records should contact the
system manager at the address above. Applicable regulations are located
at 41 CFR 105-64.
RECORD SOURCE CATEGORIES:
The sources for information in the system are data from other
systems, information submitted by individuals or their representatives,
information gathered from public sources, and information from other
entities or individuals involved in the cases or matters.
[FR Doc. 2011-23467 Filed 9-13-11; 8:45 am]
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