Personnel Investigation Records.
None for the system. However, items or records within the system may
have national defense/foreign policy classifications up through secret.
Assistant Director, Executive Resources and Personnel Security Team
(OASAM), U.S. Department of Labor, 200 Constitution Avenue, NW, Washington, DC,
20210.
a. Current and former employees or applicants for employment
in the Department.
b. Individuals considered for access to classified information
or restricted areas and/or security determinations as contractors, experts,
instructors, and consultants to Departmental programs.
Investigative files and investigative index card files which pertain to
clearance investigations for Federal employment. These records contain
investigative information regarding an individual's character, conduct, and
behavior in the community where he or she lives or lived; arrests and
convictions for violations against the law; reports of interviews with present
and former supervisors, coworkers, associates, educators, etc; reports about
the qualifications of an individual for a specific position and files and index
cards relating to adjudication matters; reports of inquiries with law
enforcement agencies, employers, educational institutions attended; reports or
action after OPM or FBI Section 8(d) Full Field Investigation; Notices of
Security Investigation; and other information developed from above.
This system does not apply to
records of a personnel investigative nature that are part of the Office of
Personnel Management's (OPM) Privacy Act System OPM/CENTRAL-9, Personnel
Investigation Records. Access to or amendment of such records must be obtained
from OPM.
Executive Order 10450.
The purposes of this systems are:
a. To provide investigatory information for determination
concerning compliance with Federal personnel regulations and for individual
personnel determinations including suitability and fitness for Federal
employment, access and security clearances, evaluations of qualifications,
loyalty to the U.S. and evaluations of qualifications and suitability for
performance of contractual services for the U. S. Government.
b. To document such determinations;
c. To provide information necessary for the scheduling and
conduct of the required investigations;
d. To otherwise comply with mandates and Executive Order;
and
These records may also be used to locate individuals for personnel
research.
These records and information in these records may be used in
disclosing relevant and necessary information:
a. To designated officers and employees of agencies, offices,
and other establishments in the executive, legislative, and judicial branches
of the Federal Government, and the District of Columbia Government, when such
agency, office, or establishment conducts an investigation of the individual
for the purpose of granting a security clearance, or for the purpose of making
a determination of qualifications, suitability, or loyalty to the United States
Government, or access to classified information or restricted
areas.
b. To designated officers and employees of agencies, offices,
and other establishments in the executive, legislative, and judicial branches
of the Federal Government, and the District of Columbia Government, having the
responsibility to grant clearances to make a determination regarding access to
classified information or restricted areas, or to evaluate qualifications,
suitability, or loyalty to the United States Government, in connection with
performance of a service to the Federal Government under a contract or other
agreement.
c. To the intelligence agencies of the Department of Defense,
the National Security Agency, the Central Intelligence Agency, and the Federal
Bureau of Investigation for use in intelligence activities.
d. To Federal agencies as a data source for management
information through the production of summary descriptive statistics and
analytical studies in support of the functions for maintained or for related
studies.
e. To disclose information to officials of the Merit Systems
Protection Board, including the Office of the Special Counsel, when requested
in connection with appeals, special studies of the civil service and other
merit systems, review of office rules and regulations, investigations of
alleged or possible prohibited personnel practices, and such other functions,
e.g., as promulgated in 5 U.S.C. 1205 and 1206, or as may be authorized by
law.
f. To disclose information to the Equal Employment Opportunity
Commission when requested in connection with investigations into alleged or
possible discrimination practices in the Federal sector, examination of Federal
affirmative employment programs, compliance by Federal agencies with the
Uniform Guideline Employee Selection Procedures, or other functions vested in
the Commission by the President's Reorganization Plan No. 1 of
1978.
g. To disclose information to the Federal Labor Relations
Authority or its General Counsel when requested in connection with
investigations of allegations of unfair labor practices or matters before the
Federal Service Impasses Panel.
Not applicable.
Records are maintained in file folders and on index cards.
Records are retrieved by the name of the individual on whom they are
maintained.
Folders are maintained in file cabinets secured by three position
combination locks. The index to the system and those records which are
maintained on index cards are contained in covered and locked Wheeldex
machines. All employees are required to have an appropriate security clearance
before they are allowed access to the records.
a. Index cards which show the scheduling or completion of an
investigation, and investigative files, if any, are retained for 2 years, plus
the current year from the date of the most recent investigative activity. Other
index cards which show no investigative record other than the completion of a
clear National Agency Check or a clear National Agency Check Inquiry, and where
no investigative file folder exists, are retained for two years plus the
current year.
b. Reports of action after OPM or FBI section 8(d) background
investigation are retained for the life of the investigative file.
c. Notices of Security Investigations are retained for 20
years.
All records are destroyed by burning.
Director, Human Resources Services Center, OASAM, U.S. Department of
Labor, 200 Constitution Avenue, NW, Washington, DC 20210.
Individuals wishing to inquire whether this system contains information
about them should contact the system manager in writing. Individuals must
furnish the following information for their records to be located and
identified:
a. Full name
b. Date of birth
c. Signature
d. Any available information regarding the type of record
involved.
e. The category of covered individuals under which the
requester believes he or she fits.
Individuals wishing to request access to their records should contact
the system manager in writing. Individuals must furnish the following
information for their records to be located and identified:
a. Full name
b. Date of birth
c. Signature
d. Any available information regarding the type of record
involved.
e. The category of covered individuals under which the
requester believes he or she fits.
Individuals wishing to request amendment to their non-exempt records
should contact the system manager in writing. Individuals must furnish the
following information for their records to be located and identified:
a. Full name
b. Date of birth
c. Signature
d. Any available information regarding the type of record
involved.
e. The category of covered individuals under which the
requester believes he or she fits.
Information contained in the system was obtained from the following
categories of sources:
a. Applications and other personnel and security forms
furnished by the individual;
b. Investigative and other record material furnished by
Federal agencies;
c. Notices of personnel actions furnished by Federal
agencies;
d. By personal investigation or written inquiry from sources
such as employers, educational institutions, references, neighbors, associates,
police departments, courts, credit bureaus, medical records, probation
officials, prison officials, newspapers, magazines, periodicals, and other
publications.
This system may contain the following types of information:
a. Investigatory material compiled solely for the purpose of
determining suitability, eligibility, or qualifications for Federal civilian
employment. The Privacy Act, at 5 U.S.C. 552a(k)(5), permits an agency to
exempt such material from certain provisions of the Act. Materials may be
exempted to the extent that release of the material to the individual whom the
information is about would:
1. Reveal the identity of a source who furnished information
to the Government under an express promise (granted on or after September 27,
1975) that the identity of the source would be in confidence; or
2. Reveal the identity of a source who, prior to September 27,
1975, furnished information to the Government under an implied promise that the
identity of the source would be held in confidence.
b. For all the above reasons the Department hereby exempts this system
from the following provisions of the Privacy Act: 5 U.S.C. 552a
(c)(3),(d),(e)(1),(e)(4)(G),(H) and (I) and (f).
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