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Freedom of Information/Privacy Act Records.
Not applicable.
Freedom of Information/Privacy Acts Disclosure Office, Office of
Inspector General, U. S. Department of Labor, 200 Constitution Avenue, NW,
Washington, DC 20210.
Persons who request disclosure of records pursuant to the Freedom of
Information Act, persons who request access to or correction of records
pertaining to themselves contained in the Office of Inspector General's systems
of records pursuant to the Privacy Act; where applicable, persons about whom
records have been requested or about whom information is contained in requested
records; and persons representing those identified above.
The system contains (a) copies of all correspondence and internal
memorandums related to the Freedom of Information Act and Privacy Act requests,
and related records necessary to the processing of such requests; (b) copies of
all documents relevant to appeals and lawsuits under the Freedom of Information
and Privacy Acts.
Freedom of Information Act, 5 U.S.C. 552, the Privacy Act, 5 U.S.C.
552a and 29 CFR Parts 70 and 71.
This system of records is maintained in order to reflect, accurately,
the identity of requesters, the substance of each request, the responses made
by the OIG and in order to comply with the reporting and accounting
requirements of the Freedom of Information and Privacy Acts. Materials within
this system also reflect the reasons for the disclosure and/or denial of
requests or portions of requests and any further action on requests which may
be appealed and/or litigated.
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 direct 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 information, in order to obtain information relevant to a 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 and 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 the applicable legal and administrative requirements for
the performance of a computer matching program or procedure.
None.
The records in this system are maintained in a variety of mediums
including paper, magnetic tapes or discs, and optical digital data discs.
A record is retrieved by the name of the individual, the case file
numbers or by other subject matter covered by the request.
This system of records is maintained at OIG Headquarters which is
located in a building protected by twenty-four hour guard service. The system
is kept in locked storage when not in use and is accessible only on a need to
know basis. Offices containing records are restricted to authorized personnel
only. Automated data can only be accessed with a password by authorized
users.
These records are destroyed six years after final agency determination
or 3 years after final court adjudication, whichever is later.
Disclosure Officer, Office of Inspector General, U.S. Department of
Labor, Room S1303, 200 Constitution Avenue, NW, Washington, DC 20210.
Inquiries concerning this system can be directed to: Disclosure
Officer, Office of Inspector General, 200 Constitution Avenue, NW, Washington,
DC 20210. Inquiries must comply with the requirements in 29 CFR 71.
Individuals can request access to any record pertaining to him/her by
mailing a request to the Disclosure Officer listed above under 29 CFR 71.2.
Individuals desiring to contest or amend information maintained in the
system should direct their written request to the Disclosure Officer listed in
"Notification Procedure" above. In addition, the request should state clearly
and concisely what information is being contested, the reasons for contesting
it, and the proposed amendment to the information sought. See 29 CFR
71.9.
The information contained in this system is received from the persons
or entities making requests, the systems of records searched to respond to
requests, and other agencies referring requests for access or correction of
records originating in the Office of Inspector General.
Some records obtained and stored in this system originate from other
systems of records and have been exempted under the provisions of the Freedom
of Information/Privacy Acts to the same extent as the systems of records from
which they were obtained.
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