78034 Federal Register / Vol. 69, No. 249 / Wednesday, December 29, 2004 / Notices 

4. Are there means to address privacy 

and security in the development of the 

card standard and implementation 

guidance? 

• Can privacy enhancing technologies 

be built into the card? 

• How can we limit non-federal uses 

of the card? 

• What training do employees and 

contractors need to properly secure their 

cards? 

• What training should card issuers 

have? Security personnel? 

• What law and policies must 

agencies consider in planning for and 

implementing the new cards?

Dated: December 22, 2004. 

G. Martin Wagner, 

Associate Administrator for Governmentwide 

Policy.

[FR Doc. 04–28493 Filed 12–28–04; 8:45 am] 

BILLING CODE 6820–WY–P

GENERAL SERVICES 

ADMINISTRATION

Privacy Act of 1974; Proposed New 

Privacy Act System of Records

AGENCY: General Services 

Administration

ACTION: Notice of proposed new Privacy 

Act system of records

SUMMARY: The General Services 

Administration (GSA) proposes to 

establish a new system of records titled 

‘‘Internal Evaluation Case Files,’’ (GSA/

ADM–25). The system of records, to be 

maintained by GSA’s Office of Inspector 

General (OIG), is being established to 

create a record keeping system 

containing evaluations and 

investigations of OIG personnel. The 

records in the system currently are a 

part of another OIG system of records, 

Investigation Case Files (GSA/ADM–24). 

The OIG has determined that a separate 

system would enhance the OIG’s ability 

to conduct internal investigations.

DATES: The system of records will 

become effective without further notice 

on January 28, 2005 unless comments 

received on or before that date result in 

a contrary determination.

ADDRESSES: Comments should be 

submitted to the Office of Counsel to the 

Inspector General (JC), Office of 

Inspector General, General Services 

Administration, 1800 F Street NW, 

Washington DC 20405.

FOR FURTHER INFORMATION CONTACT: GSA 

Privacy Act Officer, General Services 

Administration, Office of the Chief 

People Officer, 1800 F Street NW, 

Washington DC 20405; telephone (202) 

501–1452.

Dated: November 19, 2004

June V. Huber,

Director, Office of Information 

ManagementOffice of the Chief People Officer

GSA/ADM–25

System name: Internal Evaluation 

Case Files.

System location: This system is 

located in the GSA Office of Inspector 

General, 1800 F Street, NW, 

Washington, DC 20405. The database for 

this system is on a local area network 

in the GS Building and is operated by 

the System Development and Support 

Division of the Office of Inspector 

General.

Categories of individuals covered by 

the system: Individuals covered by the 

system are employees and former 

employees of the GSA Office of 

Inspector General. The system also 

includes any person who was the source 

of a complaint or allegation; a witness 

who has information or evidence on any 

aspect of an investigation; and any 

possible or actual suspect in a civil, 

criminal, or administrative action.

Categories of records in the system:

Investigative files containing 

information such as name, date and 

place of birth, experience, and 

investigative material that is used as a 

basis for taking civil, criminal, and 

administrative actions.

Authority for maintenance of the 

system: 5 U.S.C. App. 3., Section 2 et 

seq.

Purpose: The system serves as a basis 

for issuing subpoenas and taking civil, 

criminal, and administrative actions.

Routine uses of records maintained in 

the system, including categories of 

users and the purposes of such uses:

Records are used by GSA officials and 

representatives of other Government 

agencies on a need–to–know basis in the 

performance of their official duties 

under the authorities set forth above and 

for the following routine uses.

1. A record of any case in which there 

is an indication of a violation of law, 

whether civil, criminal, or regulatory in 

nature, may be disseminated to the 

appropriate Federal, State, local, or 

foreign agency charged with the 

responsibility for investigating or 

prosecuting such a violation or charged 

with enforcing or implementing the law.

2. A record may be disclosed to a 

Federal, State, local, or foreign agency 

or to an individual organization in the 

course of investigating a potential or 

actual violation of any law, whether 

civil, criminal, or regulatory in nature, 

or during the course of a trial or hearing 

or the preparing for a trial or hearing for 

such a violation, if there is reason to 

believe that such agency, individual, or 

organization possesses information 

relating to the investigation, and 

disclosing the information is reasonably 

necessary to elicit such information or 

to obtain the cooperation of a witness or 

an informant.

3. A record relating to a case or matter 

may be disclosed in an appropriate 

Federal, State, local, or foreign court or 

grand jury proceeding in accordance 

with established constitutional, 

substantive, or procedural law or 

practice, even when the agency is not a 

party to the litigation.

4. A record relating to a case or matter 

may be disclosed to an actual or 

potential party or to his or her attorney 

for the purpose of negotiation or 

discussion on matters such as 

settlement of the case or matter, plea–

bargaining, or informal discovery 

proceedings.

5. A record relating to a case or matter 

that has been referred by an agency for 

investigation, prosecution, or 

enforcement or that involves a case or 

matter within the jurisdiction of any 

agency may be disclosed to the agency 

to notify it of the status of the case or 

matter or of any decision or 

determination that has been made or to 

make such other inquiries and reports as 

are necessary during the processing of 

the case or matter.

6. A record relating to a case or matter 

may be disclosed to a foreign country 

pursuant to an international treaty or 

convention entered into and ratified by 

the United States, or to an Executive 

agreement.

7. A record may be disclosed to a 

Federal, State, local, foreign, or 

international law enforcement agency to 

assist in crime prevention and detection 

or to provide leads for investigation.

8. A record may be disclosed to a 

Federal, State, local, foreign, tribal or 

other public authority in response to its 

request in connection with the hiring or 

retention of an employee, the issuance 

of a security clearance, the reporting of 

an investigation of an employee, the 

letting of a contract, or the issuing of a 

license, grant, or other benefit by the 

requesting agency, to the extent that the 

information relates to the requesting 

agency’s decision on the matter.

9. A record may be disclosed to the 

public, news media, trade associations, 

or organized groups when the purpose 

is educational or informational, such as 

describing crime trends or distinctive or 

unique modus operandi, provided that 

the record does not identify a specific 

individual.

10. A record may be disclosed to an 

appeal or grievance examiner, formal 

complaints examiner, equal opportunity 

Federal Register / Vol. 69, No. 249 / Wednesday, December 29, 2004 / Notices 78035

investigator, arbitrator, or other 

authorized official engaged in 

investigation or settlement of a 

grievance, complaint, or appeal filed by 

an employee. This includes matters and 

investigations involving the Merit 

Systems Protection Board or the Office 

of Special Counsel. A record also may 

be disclosed to the United States Office 

of Personnel Management (OPM) in 

accordance with the agency’s 

responsibility for evaluating Federal 

personnel management.

11. A record may be disclosed as a 

routine use to a Member of Congress or 

to a congressional staff member in 

response to an inquiry of the 

congressional office made at the request 

of the person who is the subject of the 

record.

12. Information may be disclosed at 

any stage of the legislative coordination 

and clearance process to the Office of 

Management and Budget (OMB) for 

reviewing private relief legislation as set 

forth in OMB Circular No. A–19.

13. A record may be disclosed:

(a) to an expert, a consultant, or 

contractor of GSA engaged in a duty 

related to an agency function to the 

extent necessary to perform the 

function; and

(b) to a physician to conduct a 

fitness–for–duty examination of a GSA 

officer or employee.

14. A record may be disclosed to any 

official charged with the responsibility 

to conduct qualitative assessment 

reviews of internal safeguards and 

management procedures employed in 

investigative operations. This disclosure 

category includes members of the 

President’s Council on Integrity and 

Efficiency and officials and 

administrative staff within their 

investigative chain of command, as well 

as authorized officials of the Department 

of Justice and the Federal Bureau of 

Investigation.

Policies and practices for storing, 

retrieving, reviewing, retaining, and 

disposing of records in the system:

Storage: Paper records are kept in files 

and file folders. Electronic records are 

stored on hard drive or CD–ROM.

Retrievability: Both paper records and 

electronic records are retrievable by 

name or assignment number.

Safeguards: Paper records are stored 

in locked rooms with access limited to 

authorized personnel. Computer based 

records are available only to authorized 

users with a need to know and are 

protected by a network logon password, 

user password, and restricted right of 

access to the software, system, file, data 

element, and report.

Retention and disposal: Records are 

disposed of by shredding or burning, as 

scheduled in GSA Handbook, GSA 

Maintenance and Disposition System 

(OAD P 1820.2A).

System manager(s) and address: The 

system of records manager is an 

employee of the Internal Evaluation 

Staff (JE) of the Office of Inspector 

General, General Services 

Administration, 1800 F St. NW, 

Washington DC 20405.

Notification procedure: An individual 

who wishes to be notified whether the 

system contains a record concerning 

him or her should address a request to 

the Office of Counsel to Inspector 

General (JC), General Services 

Administration, Room 5324, 1800 F St. 

NW, Washington DC 20405.

Records access procedures: An 

individual seeking access to a record 

should put his or her request in writing 

and address it to the Office of Counsel 

to the Inspector General (JC), including 

full name (maiden name if appropriate), 

address, and date and place of birth. 

General inquiries may be made by 

telephone: (202) 501–1932.

Contesting record procedures: GSA 

rules for contesting the content of a 

record or appealing a denial of a request 

to amend a record are in 41 CFR Part 

105–64.

Record source categories: The sources 

are individuals themselves, employees, 

informants, law enforcement agencies, 

other Government agencies, employers, 

references, co–workers, neighbors, 

educational institutions, and 

intelligence sources.

Systems exempted from certain 

provisions of the act:

In accordance with 5 U.S.C. 552a(j), 

this system of records is exempt from all 

provisions of the Privacy Act of 1974 

with the exception of subsections (b); 

(c)(1) and (2); (e)(4)(A) through (F); 

(e)(6), (7), (9), (10), and (11); and (i) of 

the Act, to the extent that information 

in the system pertains to the 

enforcement of criminal laws, including 

police efforts to prevent, control, or 

reduce crime or to apprehend criminals; 

to the activities of prosecutors, courts, 

and correctional, probation, pardon, or 

parole authorities; and to (1) 

information compiled for the purpose of 

identifying individual criminal 

offenders and alleged offenders and 

consisting only of identifying data and 

notations of arrests, the nature and 

disposition of criminal charges, 

sentencing, confinement, release, and 

parole and probation status; (2) 

information compiled for the purpose of 

a criminal investigation, including 

reports of informants and investigators, 

that is associated with an identifiable 

individual; or (3) reports of enforcement 

of the criminal laws, from arrest or 

indictment through release from 

supervision. This system is exempted to 

maintain the efficacy and integrity of 

the Office of Inspector General’s law 

enforcement function.

In accordance with 5 U.S.C. 552a(k), 

this system of records is exempt from 

subsections (c)(3); (d); (e)(1); (e)(4) (G), 

(H), and (I); and (f) of the Privacy Act 

of 1974. The system is exempt:

a. To the extent that the system 

consists of investigatory material 

compiled for law enforcement purposes. 

However, if any individual is denied 

any right, privilege, or benefit for which 

the individual would otherwise be 

eligible as a result of the maintenance of 

such material, such material shall be 

provided to such individual, except to 

the extent that the disclosure of such 

material would reveal the identify of a 

source who furnished information to the 

Government under an express promise 

that the identity of the source would be 

held in confidence, or, prior to the 

effective date of the Act, under an 

implied promise that the identity of the 

source would be held in confidence; 

and

b. To the extent the system consists of 

investigatory material compiled solely 

for the purpose of determining 

suitability, eligibility, or qualifications 

for Federal civilian employment, 

military service, Federal contracts, or 

access to classified information, but 

only to the extent that the disclosure of 

such material would reveal the identity 

of a source who furnished information 

to the Government under an express 

promise that the identity of the source 

would be held in confidence, or, prior 

to the effective date of the Act, under an 

implied promise that the identity of the 

source would be held in confidence.

This system has been exempted to 

maintain the efficacy and integrity of 

lawful investigations conducted 

pursuant to the Office of Inspector 

General’s law enforcement 

responsibilities and responsibilities in 

the areas of Federal employment, 

Government contracts, and access to 

security classified information.

[FR Doc. 04–26456 Filed 12–23–04; 10:40 

am]

BILLING CODE 6820–EP–S