Notice2024-00371
Privacy Act of 1974; System of Records
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
January 11, 2024
Issuing agencies
Peace Corps
Abstract
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.
Full Text
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<title>Federal Register, Volume 89 Issue 8 (Thursday, January 11, 2024)</title>
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[Federal Register Volume 89, Number 8 (Thursday, January 11, 2024)]
[Notices]
[Pages 1948-1950]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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
<a href="/cdn-cgi/l/email-protection#84f4e7e2f6c4f4e1e5e7e1e7ebf6f4f7aae3ebf2"><span class="__cf_email__" data-cfemail="9cecfffaeedcecf9fdfff9fff3eeecefb2fbf3ea">[email protected]</span></a>. 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; <a href="/cdn-cgi/l/email-protection#7e0e1d180c3e0e1b1f1d1b1d110c0e0d50191108"><span class="__cf_email__" data-cfemail="b7c7d4d1c5f7c7d2d6d4d2d4d8c5c7c499d0d8c1">[email protected]</span></a>; 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 (<a href="https://www.ecfr.gov/current/title-22/chapter-III/part-308">https://www.ecfr.gov/current/title-22/chapter-III/part-308</a>). 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
[[Page 1949]]
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
[[Page 1950]]
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 <a href="/cdn-cgi/l/email-protection#c4a2abada584b4a1a5a7a1a7abb6b4b7abada3eaa3abb2"><span class="__cf_email__" data-cfemail="9cfaf3f5fddcecf9fdfff9fff3eeeceff3f5fbb2fbf3ea">[email protected]</span></a>. 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
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