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Investigative Case Files, Case Development and Intelligence Records
Not applicable.
Office of Inspector General, U.S. Department of Labor, 200 Constitution
Avenue, NW, Washington, DC 20210 and in the OIG regional and field offices.
Individuals or entities known or suspected of being involved in or
associated with criminal activity, labor racketeering, or other violation of
law or regulation and associates of those individuals.
The system of records contains materials related to criminal and civil
investigations, intelligence and other background information based on
reasonable suspicion of criminal activity; statements and other material from
subjects and witnesses; information from government investigatory or law
enforcement organizations and projects (federal, state, local or
international); investigative notes and reports; summary information for
indexing and cross-referencing; other evidence and background materials
existing in any form (e.g. audio or video tape, photographs, computer tapes or
disks).
5 U.S.C. App 3; the Act of March 4, 1913 (37 Stat. 736) 29 U.S.C. 551;
Secretary's Order 2-90, dated January 31, 1990 concerning the authorization and
organization of the Office of Inspector General at the Department; and the
Omnibus Crime Control Act of 1984; and 28 CFR 23.1.
This system of records is maintained as a repository for: (1) records
created as a result of targeting, surveys and projects for the development of
cases and investigations for the Office of Investigations and for the Office of
Labor Racketeering; (2) intelligence information concerning individuals
identified as potential violators of criminal, labor and labor-related laws and
other individuals associated with them; and (3) for other research and analysis
to share with other law enforcement organizations if in compliance with 28 CFR
23.1.
A. Referral to federal, state, local and foreign investigative and/or
prosecutive authorities. A record from a system of records, which indicates
either by itself or in combination with other information within the agency's
possession a violation or potential violation of law, whether civil, criminal
or regulatory and whether arising by general statute or particular program
statute, or by regulation, rule or order issued pursuant thereto, may be
disclosed as a routine use, to the appropriate federal, foreign, state or local
agency or professional organization charged with the responsibility of
investigating or prosecuting such violation or charged with enforcing or
implementing or investigating or prosecuting such violation or charged with
enforcing or implementing the statute or rule, regulation or order issued
pursuant thereto.
B. Introduction to a grand jury. A record from a system of records may
be disclosed, as a routine use, to a grand jury agent pursuant either to a
federal or state grand jury subpoena or to a prosecution request that such
record be released for the purpose of its introduction to a grand jury.
C. Referral to federal, state, local or professional licensing boards.
A record from a system of records may be disclosed, as a routine use, to any
governmental, professional or licensing authority when such record reflects on
qualifications, either moral, educational or vocational, of an individual
seeking to be licensed or to maintain a license.
D. Disclosure to contractor, grantee or other indirect recipient of
federal funds to allow such entity to effect corrective action in agency's best
interest. A record from a system of records may be disclosed, as a routine use,
to any direct or indirect recipient of federal funds where such record reflects
serious inadequacies with a recipient's personnel, and disclosure of the record
is made to permit a recipient to take corrective action beneficial to the
Government.
E. Disclosure to any source, either private or governmental, to the
extent necessary to solicit information relevant to any investigation, audit or
inspection. A record from a system of records may be disclosed, as a routine
use, to any source, either private or governmental, to the extent necessary to
secure from such source information relevant to and sought in furtherance of an
investigation, audit, or evaluation.
F. Disclosure to any domestic or foreign governmental agencies for
personnel or other action. A record from a system of records may be disclosed,
as a routine use, to a federal, state, local, foreign or international agency,
for their use in connection with such entity's assignment, hiring or retention
of an individual, issuance of a security clearance, reporting of an
investigation of an individual, letting of a contract or issuance of a license,
grant or other benefit, to the extent that the information is relevant and
necessary to such agency's decision on the matter.
G. Disclosure to a board of contract appeals, GAO or any other entity
hearing a contractor protest or dispute. A record from a system of records may
be disclosed, as a routine use, to the United States General Accounting Office,
to a board of contract appeals, or to the claims court in bid protest cases or
contract dispute cases involving procurement.
H. Disclosure to domestic or foreign governmental law enforcement
agency in order to obtain information relevant to an OIG or DOL decision. A
record from a system of records may be disclosed, as a routine use, to a
domestic or foreign governmental agency maintaining civil, criminal or other
relevant enforcement information, or other pertinent information, in order to
obtain information relevant to an OIG or DOL decision concerning the
assignment, hiring, or retention of an individual, the issuance of a security
clearance, the letting of a contract, or the issuance of a license, grant, or
other benefit, or which may be relevant to an OIG or DOL investigation, audit,
or evaluation.
I. Disclosure to OMB or DOJ regarding Freedom of Information Act and
Privacy Act advice. Information from a system of records may be disclosed, as a
routine use, to the Office of Management and Budget or the Department of
Justice in order to obtain advice regarding statutory or other requirements
under the Freedom of Information Act or Privacy Act.
J. Disclosure pursuant to the receipt of a valid subpoena. A record
from a system of records may be disclosed, as a routine use, in response to a
facially valid subpoena for the record. Disclosure may also be made when a
subpoena or order is signed by a judge from a court of competent
jurisdiction.
K. Disclosure to Treasury and DOJ in pursuance of an ex
parte court order to obtain taxpayer information from the IRS. A record
from a system of records may be disclosed, as a routine use, to the Department
of Treasury and the Department of Justice when the OIG seeks an ex
parte court order to obtain taxpayer information from the Internal
Revenue Service.
L. Disclosure to a consumer reporting agency in order to obtain
relevant investigatory information. A record from a system of records may be
disclosed, as a routine use, to a "consumer reporting agency" as that term is
defined in the Fair Credit Reporting Act (15 U.S.C. 1681a(f)) and the Federal
Claims Collection Act of 1966 (31 U.S.C. 3701(a)(3)), for the purposes of
obtaining information in the course of an investigation, audit, or
evaluation.
M. Disclosure in accordance with computer matching laws, regulations
and/or guidelines. A record may be disclosed to a federal, state, or local
agency for use in computer matching programs to prevent and detect fraud and
abuse in benefit programs administered by those agencies, to support civil and
criminal law enforcement activities of those agencies and their components, and
to collect debts and overpayments owed to the agencies and their components.
This routine use does not provide unrestricted access to records for such law
enforcement and related anti-fraud activities; each request for disclosure will
be considered in light of the applicable legal and administrative requirements
for the performance of a computer matching program or procedure.
None.
The records are stored on a variety of mediums including paper,
magnetic tapes or discs, and/or optical digital data discs.
Retrievable by name of individual subject, other personal identifiers
and other non-personal elements.
Available on an official need-to-know basis and kept in locked storage
when not in use. Offices containing records are restricted to authorized
personnel only. Any automated data can only be accessed by a password from a
authorized user. Computer terminals with access are away from general staff and
housed in locked offices.
Closed Labor Racketeering case files are retired to the Federal Records
Center and retained for 20 years. All other cases are destroyed 10 years after
the files are closed. Intelligence information maintained in electronic files
are reviewed every 5 years for relevance and importance. Information deemed
obsolete or otherwise unreliable is deleted after 5 years. Electronic
information for which accuracy of information and reliability of source cannot
be confirmed is deleted after 1 year. Electronic Information collected for
which reliability of source and reasonable suspicion of criminal activity has
been confirmed and linked to long term, known organized crime activity can be
kept in excess of 5 years. All records are destroyed 20 years after cut off
date.
Assistant Inspector General for Investigations, OIG/DOL, 200
Constitution Avenue, NW, Washington, DC 20210.
Inquiries concerning this system can be directed to: Disclosure
Officer, OIG, 200 Constitution Avenue, NW, Washington, DC 20210. Inquiries must
comply with the requirements in 29 CFR Part 71.
Individuals can request access to any record pertaining to him/her by
mailing a request to the Disclosure Officer listed above and in accordance with
29 CFR 71.2
Individuals desiring to contest or amend information maintained in the
system should direct their request to the Disclosure Officer listed in 29 CFR
Part 71. In addition, the request should state clearly and concisely what
information is being contested, the reasons for contesting it, and the proposed
amendment sought for the information. See 29 CFR 71.
The Secretary of Labor has promulgated regulations which exempt
information contained in this system of records from various provisions of the
Privacy Act depending upon the purpose for which the information was gathered
and for which it will be used. The various law enforcement purposes and the
reasons for the exemptions are as follow:
(a) Criminal Law Enforcement: Information compiled for this
purpose is exempt from all of the provisions of the Act except the following
sections: (b), (c)(1) and (2), (e)(4)(A) through (F), (e)(6), (7), (9), (10),
and (11), and (i). This material is exempt because the disclosure and other
requirements of the Act would substantially compromise the efficacy and
integrity of OIG operations in a number of ways. Indeed, disclosure of even the
existence of these files would be problematic.
Disclosure could enable suspects to take action to prevent detection of
criminal activities, conceal evidence, or escape prosecution. Required
disclosure of information contained in this system could lead to the
intimidation of, or harm to, informants, witnesses and their respective
families or OIG personnel and their families.
Disclosure could invade the privacy of individuals other than subjects
and disclose their identity when confidentiality was promised to them.
Disclosures from these files could interfere with the integrity of other
information which would otherwise be privileged, see, e.g., 5
U.S.C. 552(b)(5) and which could interfere with other important law enforcement
concerns, see, e.g., 5 U.S.C. 552(b)(7).
The requirement that only relevant and necessary information be
included in a criminal investigative file is contrary to good investigative
practices which require a full and complete inquiry and exhaustion of all
potential sources of information. 5 U.S.C. 552a(e)(1). Similarly, maintaining
only those records which are accurate, relevant, timely and complete and which
assure fairness in a determination is contrary to established investigative
techniques. 5 U.S.C. 552a(e)(5). Requiring investigators to obtain information
to the greatest extent practicable directly from the subject individual would
be counterproductive to performance of a clandestine criminal investigation. 5
U.S.C. 552a(e)(2). Finally, providing notice to an individual interviewed of
the authority of the interviewer, the purpose to which the information provided
may be used, the routine uses of that information and the effect upon the
individual should he choose not to provide the information sought could
discourage the free flow of information in a criminal law enforcement inquiry.
5 U.S.C. 552a(e)(3).
(b) Other Law Enforcement: In accordance with 5 U.S.C.
552a(k)(2), investigatory material compiled for law enforcement purposes (to
the extent it is not already exempted by 5 U.S.C. 552a(j)(2)), is exempted from
the following provisions of the ACT: (c)(3), (d), (e)(1), (e)(4)(G), (H), (I)
and (f). This material is exempt because the disclosure and other requirements
of the act could substantially compromise the efficacy and integrity of OIG
operations. Disclosure could invade the privacy of other individuals and
disclose their identity when they were expressly promised confidentiality.
Disclosure could interfere with the integrity of information which
would otherwise be subject to privileges, see, e.g., 5 U.S.C.
552(b)(5), and which could interfere with other important law enforcement
concerns. See, e.g., 5 U.S.C. 552(b)(7).
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