[Federal Register: April 25, 2008 (Volume 73, Number 81)]
[Notices]
[Page 22415-22417]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr25ap08-91]
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GENERAL SERVICES ADMINISTRATION
Privacy Act of 1974; Notice of Updated Systems of Records
AGENCY: General Services Administration.
ACTION: Notice.
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SUMMARY: GSA reviewed its Privacy Act systems to ensure that they are
relevant, necessary, accurate, up-to-date, covered by the appropriate
legal or regulatory authority, and in response to OMB M-07-16. This
notice is a compilation of updated Privacy Act system of record
notices.
DATES: Effective May 27, 2008.
FOR FURTHER INFORMATION CONTACT: Call or e-mail the GSA Privacy Act
Officer: telephone 202-208-1317; e-mail gsa.privacyact@gsa.gov.
ADDRESSES: GSA Privacy Act Officer (CIB), General Services
Administration, 1800 F Street, NW., Washington, DC 20405.
SUPPLEMENTARY INFORMATION: GSA undertook and completed an agency-wide
review of its Privacy Act systems of records. As a result of the review
GSA is publishing updated Privacy Act systems of records notices.
Rather than make numerous piecemeal revisions, GSA is republishing
updated notices for one of its systems. Nothing in the revised system
notices indicates a change in authorities or practices regarding the
collection and maintenance of information. Nor do the changes impact
individuals' rights to access or amend their records in the systems of
records. The updated system notices also include the new requirement
from OMB Memorandum M-07-16 regarding a new routine use that allows
agencies to disclose information in connection with a response and
remedial efforts in the event of a data breach.
Dated: April 16, 2008.
Cheryl M. Paige,
Director, Office of Information Management.
GSA/HRO-37
SYSTEM NAME:
Personnel Security files.
SECURITY CLASSIFICATION:
Some records in the system are classified under Executive Order
12958 as amended.
SYSTEM LOCATION:
Personnel security files are maintained with other appropriate
records in the Personnel Security Requirements Division (CPR), GSA
Building, 1800 F Street NW., Washington, DC 20405.
SYSTEM LOCATION:
Employees, applicants for employment, former employees of GSA and
of commissions, committees, small agencies serviced by GSA,
contractors, students, interns, volunteers, individuals authorized to
perform or use services provided in GSA facilities (e.g. Credit Union
or Fitness Center) and individuals formerly in any of these positions
that require regular, ongoing access to federal facilities, information
technology systems or information classified in the interest of
national security. Included are historical researchers, experts or
consultants, and employees of contractors performing services for GSA.
CATEGORIES OF RECORDS IN THE SYSTEM:
Personnel security files contain information such as name, former
names, date and place of birth, home address, phone numbers, height,
weight, hair color, eye color, sex, passport information, military
information, civil court information, employment history, residential
history, Social Security Number, occupation, experience, and
investigative material, education and degrees earned, names of
associates and references and their contact information, citizenship,
names of relatives, citizenship of relatives, names of relatives who
work for the federal government, criminal history, mental health
history, drug use, financial information, fingerprints, summary report
of investigation, results of suitability decisions, level of security
clearance, date of issuance of security clearance, requests for
appeals, witness statements, investigator's notes, tax return
information, credit reports, security violations, circumstances of
violation, and agency action taken.
[[Page 22416]]
Forms: SF-85, SF-85P, SF-86, SF-87, GSA Form 3665, OF306, FD258,
GSA Form 1380, GSA Form 3648.
AUTHORITY FOR MAINTAINING THE SYSTEM:
Depending upon the type of investigation, GSA is authorized to ask
for this information under Executive Orders 10450 as amended, 10865 as
amended, 12968 as amended, and 12958 as amended; sections 3301 and 9101
of title 5, U.S. Code; sections 2165 and 2201 of title 42, U.S. Code;
parts 5, 731, 732, and 736 of title 5, Code of Federal Regulations; and
Homeland Security Presidential Directive 12.
PURPOSE:
To assemble in one system information pertaining to issuing
security clearances and public trust certifications, suitability
decisions, fitness for service of applicants for federal employment and
contract positions, and administrative actions. Information security
files also are used for recommending administrative action against
employees found to be violating GSA classified national security
information regulations.
ROUTINE USES OF RECORDS IN THE SYSTEM, INCLUDING THE TYPES OF USERS AND
THE PURPOSES OF SUCH USES:
a. In any legal proceeding, where pertinent, to which GSA is a
party before a court or administrative body.
b. 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; (c) any employee of the agency in his or her
individual capacity where agency or the Department of Justice has
agreed to represent the employee; or (d) the United States Government,
is a party to litigation or has an interest in such litigation, and by
careful review, the agency determines that the records are both
relevant and necessary to the litigation and the use of such records by
DOJ is therefore deemed by the agency to be for a purpose compatible
with the purpose for which the agency collected the records.
c. To authorized officials engaged in investigating or settling a
grievance, complaint, or appeal filed by an individual who is the
subject of the record.
d. Except as noted on Forms SF-85, 85-P, and 86, when a record on
its face, or in conjunction with other records, indicates a violation
or potential violation of law, whether civil, criminal, or regulatory
in nature, and whether arising by general statute or particular program
statute, or by regulation, rule, or order issued pursuant thereto,
disclosure may be made to the appropriate public authority, whether
Federal, foreign, State, local or tribal, or otherwise, responsible for
enforcing, investigating or prosecuting such violation or charged with
enforcing or implementing the statute, or rule, regulation, or order
issued pursuant thereto, if the information disclosed is relevant to
any enforcement, regulatory, investigative or prosecutorial
responsibility of the receiving entity.
e. To a Federal agency in connection with the hiring or retention
of an employee; the issuance of a security clearance; the reporting of
an investigation; the letting of a contract; or the issuance of a
grant, license, or other benefit to the extent that the information is
relevant and necessary to a decision.
f. To agency contractors or volunteers who have been engaged to
assist the agency in the performance of a contract service, cooperative
agreement, or other activity related to this system of records and who
need to have access to the records in order to perform their activity.
Recipients shall be required to comply with the requirements of the
Privacy Act of 1974, as amended, 5 U.S.C. 552a.
g. To the Office of Personnel Management (OPM), the Office of
Management and Budget (OMB), or the Government Accountability Office
(GAO) when the information is required for program evaluation purposes.
h. To a Member of Congress or staff on behalf of and at the request
of the individual who is the subject of the record.
i. To an expert, consultant, or contractor of GSA in the
performance of a Federal duty to which the information is relevant.
j. To the National Archives and Records Administration (NARA) for
records management purposes.
k. To a federal, state, or local agency, or other appropriate
entities or individuals, or through established liaison channels to
selected foreign governments, in order to enable an intelligence agency
to carry out its responsibilities under the National Security Act of
1947 as amended, the CIA Act of 1949 as amended, Executive Order 12333
or any successor order, applicable national security directives, or
classified implementing procedures approved by the Attorney General and
promulgated pursuant to such statutes, orders, or directives.
l. To the Office of Management and Budget when necessary to the
review of private relief legislation pursuant to OMB Circular No. A-19.
m. To appropriate agencies, entities, and persons when (1) the
Agency suspects or has confirmed that the security or confidentiality
of information in the system of records has been compromised; (2) the
Agency has determined that as a result of the suspected or confirmed
compromise there is a risk of harm to economic or property interests,
identity theft or fraud, or harm to the security or integrity of this
system or other systems or programs (whether maintained by GSA or
another agency or entity) that rely upon the compromised information;
and (3) the disclosure made to such agencies, entities, and persons is
reasonably necessary to assist in connection with GSA's efforts to
respond to the suspected or confirmed compromise and prevent, minimize,
or remedy such harm.
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Records are maintained on paper and electronically in secure
locations. Records are maintained in the system of records
Comprehensive Human Resources Integrated System (GSA/PPFM-8) in the
personnel security module and associated equipment.
RETRIEVABILITY:
Records are retrieved by name and Social Security Number.
SAFEGUARDS:
Personnel security file records are stored in a secured office in
cabinets with access limited to authorized employees. A password system
protects access to computer records. Access to the records is limited
to those employees who have a need for them in the performance of their
official duties.
RETENTION AND DISPOSAL:
These records are retained and disposed of in accordance with
General Records Schedule 18, item 22, approved by the National Archives
and Records Administration (NARA). Records are destroyed by burning,
pulping, or shredding, as scheduled in the HB GSA Records Maintenance
and Disposition System (OAD P 1820.2A).
SYSTEM MANAGER AND ADDRESS:
Director, Personnel Security Requirements Division (CPR), 1800 F
Street, NW., Washington, DC 20405.
NOTIFICATION PROCEDURES:
Inquiries by individuals as to whether the system contains a record
pertaining to themselves should be addressed to the system manager.
[[Page 22417]]
RECORD ACCESS PROCEDURES:
Requests from individuals for access to records should be addressed
to the system manager and should include full name (maiden name where
appropriate), address, and date and place of birth. General inquiries
may be made by telephone.
PROCEDURES FOR CONTESTING RECORDS:
GSA rules for accessing records, contesting their content, and
appealing initial decisions appear in 41 CFR part 105-64.
RECORD SOURCES:
Individuals, employees, informants, law enforcement agencies,
courts, other Government agencies, employees' references, co-workers,
neighbors, rental/lease, educational institutions, and intelligence
sources. Security violation information is obtained from a variety of
sources, such as security guard's reports, security inspections,
witnesses, supervisor's reports, and audit reports.
FILES EXEMPTED FROM PARTS OF THE ACT:
Under 5 U.S.C. 552a(k)(5), the personnel security case files in the
system of records are exempt from subsections (c)(3); (d); (e)(1);
(e)(4)(G), (H), and (I); and (f) of the act. Information will be
withheld to the extent it identifies witnesses promised confidentiality
as a condition of providing information during the course of the
background investigation.
[FR Doc. E8-8935 Filed 4-24-08; 8:45 am]
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