Notice2023-13190
Privacy Act of 1974; System of Records
Primary source
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Published
June 21, 2023
Effective
July 21, 2023
Issuing agencies
Committee for Purchase From People Who Are Blind or Severely Disabled
Abstract
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.
Full Text
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<title>Federal Register, Volume 88 Issue 118 (Wednesday, June 21, 2023)</title>
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[Federal Register Volume 88, Number 118 (Wednesday, June 21, 2023)]
[Notices]
[Pages 40223-40226]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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: <a href="http://www.regulations.gov">http://www.regulations.gov</a>. 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 <a href="http://www.regulations.gov">http://www.regulations.gov</a> 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, <a href="/cdn-cgi/l/email-protection#513a303d38113e38367f3033383d3825283e3f347f363e27"><span class="__cf_email__" data-cfemail="ed868c8184ad82848ac38c8f8481849994828388c38a829b">[email protected]</span></a>. 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:
<a href="/cdn-cgi/l/email-protection#9ef5fff2f7def1f7f9b0fffcf7f2f7eae7f1f0fbb0f9f1e8"><span class="__cf_email__" data-cfemail="365d575a5f76595f511857545f5a5f424f59585318515940">[email protected]</span></a>.
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:
<bullet> Investigative agent name and contact information;
<bullet> Individual's name and aliases;
<bullet> Date of birth;
<bullet> Social Security Number;
<bullet> Telephone and cell phone numbers;
<bullet> Physical and mailing addresses;
<bullet> Electronic mail addresses;
<bullet> Physical description;
<bullet> Citizenship;
<bullet> Photographs;
<bullet> Job title, employment position, and other employment data;
<bullet> Individual Eligibility Evaluations and other medical
documentation;
<bullet> Any other personal information relevant to the subject
matter of an OIG investigation;
<bullet> 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;
<bullet> 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
<a href="/cdn-cgi/l/email-protection#2c4a43454d6c4d4e4540455855434249024b435a"><span class="__cf_email__" data-cfemail="7d1b12141c3d1c1f1411140904121318531a120b">[email protected]</span></a>. 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
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.