[Federal Register Volume 63, Number 199 (Thursday, October 15, 1998)]
[Notices]
[Pages 55416-55418]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-27717]
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POSTAL SERVICE
Privacy Act of 1974, System of Records
AGENCY: Postal Service.
ACTION: Notice of system of records.
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SUMMARY: This document publishes notice of a proposed Privacy Act
system of records, USPS 300.010, Office of Inspector General (OIG)
Investigative File System, which partially duplicates an existing
Postal Inspection Service file.
DATES: Any interested party may submit written comments on the proposed
system of records. This proposal will become effective without further
notice on November 23, 1998, unless comments received on or before that
date result in a contrary determination.
ADDRESSES: Written comments on this proposal should be mailed or
delivered to Payroll Accounting/Records, United States Postal Service,
475 L'Enfant Plaza, SW, Washington, DC 20260-5243. Copies of all
written comments will be available at the above address for public
inspection and photocopying between 8 a.m. and 4:45 p.m., Monday
through Friday.
FOR FURTHER INFORMATION CONTACT: Kirt West (703) 248-2100.
SUPPLEMENTARY INFORMATION: The Postal Service is proposing to establish
a system of records entitled Office of Inspector General (OIG)
Investigative File System, 300.010. This proposed system of records
will cover only the files of investigation which identify by name
individuals who are subjects or sources of information. The system of
records is necessary to the functions performed by the Office of
Inspector General. The files may contain information about civil,
criminal, or administrative wrongdoing, or about fraud, waste, or
mismanagement, or other violations of law or regulation. This
information could be the basis for administrative corrective action or
referrals to appropriate authorities for prosecution. The collection
and maintenance of records subject to this system are not new, because
records of the same type are covered by an existing system, USPS
080.010, under the jurisdiction of the Chief Postal Inspector, who
previously also served as the Inspector General. With the establishment
of an independent Office of Inspector General, system of records
300.010 is created to cover the investigative activities carried out
under the authority of the OIG and the records maintained by that
office. A complete description of system 300.010 appears below.
[[Page 55417]]
Maintenance of these records is not expected to have a significant
impact on individual privacy rights. Information will be kept in a
secured environment, with automated data processing physical and
administrative security and technical software applied to information
on computer media. Computers and hard copy records are maintained in a
secured environment.
Pursuant to 5 U.S.C. 552a(e)(11), interested persons are invited to
submit written data, views, or arguments on this proposal. A report on
the following proposed system has been sent to Congress and the Office
of Management and Budget for their evaluation.
USPS 300.010
System Name:
Office of Inspector General-Investigative File System, 300.010.
System Location:
Office of the Inspector General (OIG): (1) Headquarters, and (2)
respective OIG field offices (see ADDRESSES at end of system notice).
Categories Of Individuals Covered By The System:
(a) Subjects of investigations, unsolicited information,
surveillance; complainants, informants, witnesses; and other
individuals related to investigations.
(b) Applicants and current and former Postal Service personnel and
contractors and individuals providing information related to employment
suitability checks on those individuals.
(c) Applicants for and appointees to sensitive positions in the
Postal Service and individuals providing information related to
security clearance checks on those individuals.
Categories Of Records In The System:
Information within this system relates to OIG investigations
carried out under applicable statutes, regulations, policies, and
procedures. The investigations may relate to criminal, civil, or
administrative matters, including personnel suitability and security
clearance. Generally, investigative case files are physically located
in the responsible OIG field office or at Headquarters. These files may
contain investigative reports, background data including arrest
records, statements of informants and witnesses, laboratory reports of
evidence analysis, search warrants, summons and subpoenas, and other
information related to the investigation. Personal data in the system
may consist of fingerprints, handwriting samples, reports of
confidential informants, physical identifying data, voiceprints,
polygraph tests, photographs, and individual personnel and payroll
information. OIG database systems contain additional or summary
duplicative case files and other information in support of
investigations. In addition, OIG Headquarters and field offices
maintain reference files and indexes, as needed, for quick access in
day-to-day operations.
The specific authority for the OIG to investigate postal offenses
and civil matters relating to the Postal Service is conferred at 39
U.S.C. 202(e)(1)-(3) and 404(a)(7); 18 U.S.C. 3061; and 5 U.S.C. App 3.
In the exercise of that authority, the OIG conducts investigations
under all appropriate federal statutes and administrative rules.
Authority For Maintenance Of The System:
39 U.S.C. 202 and 404, 18 U.S.C. 3061, and 5 U.S.C. App. 3.
Purpose(s):
To provide information related to investigation of criminal, civil,
or administrative matters, including employee and contractor background
investigations.
Routine Uses Of Records Maintained In The System, Including Categories
Of Users And The Purposes Of Such Uses:
General routine use statements a, b, c, d, e, f, g, h, j, k, l, and
m listed in the prefatory statement at the beginning of the Postal
Service's published system notices apply to this system. Other routine
uses are as follows:
1. When conducting any official investigation or during a trial or
hearing or the preparation of a trial or hearing, a record may be
disseminated to an agency, organization, or individual when reasonably
necessary to elicit information relating to the investigation, trial,
or hearing or to obtain the cooperation of a witness or informant.
2. A record relating to a case or matter may be disseminated to a
federal, state, or local administrative or regulatory proceeding or
hearing in accordance with the procedures governing such proceeding or
hearing.
3. A record relating to a case or matter may be disseminated in an
appropriate federal, state, local, or foreign court or grand jury
proceeding in accordance with established constitutional, substantive,
or procedural law or practice.
4. A record relating to a case or matter may be disseminated to an
actual or potential party or his or her attorney for the purpose of
negotiation or discussion on such matters 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 an agency, may be
disseminated to such agency to notify the agency 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 person held in custody pending or during
arraignment, trial, sentence, or extradition proceedings, or after
conviction may be disseminated to a federal, state, local, or foreign
prison, probation, parole, or pardon authority, or to any other agency
or individual involved with the maintenance, transportation, or release
of such a person.
7. A record relating to a case or matter may be disseminated to a
foreign country under an international treaty or convention entered
into and ratified by the United States or under an executive agreement.
8. A record may be disseminated to a federal, state, local,
foreign, or international law enforcement agency to assist in the
general crime prevention and detection efforts of the recipient agency
or to provide investigative leads to such agency.
9. A record from this system may be disclosed to the public, news
media, trade associations, or organized groups to provide information
of interest to the public about the activities and the accomplishments
of the Postal Service or its employees.
10. A record may be disseminated to a foreign country, through the
United States Department of State or directly to the representative of
such country, to the extent necessary to assist such country in
apprehending or returning a fugitive to a jurisdiction that seeks that
individual's return.
11. A record may be disclosed to members of the American Insurance
Association Index System to provide them with information relating to
accidents and injuries.
Policies And Practices For Storing, Retrieving, Accessing, Retaining,
And Disposing Of Records In The System:
Storage:
Case records are stored in paper folders. Abbreviated, summary, and
identifying information pertaining to cases and criminal intelligence
information are stored on computer storage media.
[[Page 55418]]
Retrievability:
Name of the individual who is the subject of the file.
Safeguards:
Investigative records are maintained in locked file cabinets,
safes, or secured areas under the scrutiny of OIG personnel who have
been subjected to security clearance procedures. Access is further
restricted by computer passwords when stored in electronic format.
Automated records can only be accessed through authorized terminals by
authorized users. Computer software has been designed to protect data
by controlling access, logging actions, and reporting exceptions and
violations.
Retention And Disposal:
(a) Records are maintained 1 to 15 years depending on type.
Exceptions may be granted for longer retention in specific instances.
Paper records are destroyed by burning, pulping, or shredding. Computer
tape/disk records are erased or destroyed.
(b) Duplicate copies of investigative memorandums maintained by
postal officials other than OIG are retained in accordance with a
generally applicable Postal Service retention schedule rather than the
OIG disposition schedules.
System Manager(s) And Address:
Inspector General, U.S. Postal Service, 1735 North Lynn St,
Arlington, VA 22209-2020.
Notification Procedure:
Individuals wanting to know whether information about them is in
this system of records or if they were the subject of an investigation
must furnish the system manager sufficient identifying information to
distinguish them from other individuals of like name; identifying data
will contain date of birth, name, address, type of investigation,
dates, places, and the individual's involvement.
Record Access Procedures:
Requests for access must be made in accordance with the
notification procedure above and the Postal Service Privacy Act
regulations regarding access to records and verification of identity
under 39 CFR 266.6. The address of the OIG Freedom of Information/
Privacy Acts Officer is 1735 N. Lynn Street, Arlington, VA 22209-2020,
telephone (703) 248-2300.
Contesting Record Procedures:
See Notification and Record Access Procedures above.
Record Source Categories:
Personal interviews, written inquiries, and other records about
individuals involved with an investigation, whether subjects,
applicants, witnesses, references, or custodians of record information.
Systems Exempted From Certain Provisions Of The Act:
The Postal Service has established regulations at 39 CFR 266.9 that
exempt information contained in this system of records from various
provisions of the Privacy Act depending on the purpose for which the
information was gathered and for which it will be used. Compliance with
the disclosure (5 U.S.C. 552a(d)) and other subsections of the Act are
not compatible with investigative practice, and would substantially
compromise the efficacy and integrity of OIG operations. The purposes
for which records are kept within this system and the exemptions
applicable to those records are as follows:
(a) Criminal law enforcement--Under 5 U.S.C. 552a(j)(2),
information compiled for this purpose is exempt from all the provisions
of the Act except the following sections: (b), (c)(1) and (2),
(e)(4)(A) through (F), (e)(6), (7), (9), (10), (11), and (i).
(b) Noncriminal investigatory--under 5 U.S.C. 552a(k)(2), material
compiled for law enforcement purposes (and not 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) and (I), and (f).
(c) Background investigations--material compiled solely for the
purpose of a background security investigation is exempted by 5 U.S.C.
552a(k)(5) from the following provisions of the Act: (c)(3), (d),
(e)(1), (e)(4)(G), (H) and (I), and (f).
Addresses of Office of Inspector General
Headquarters:
1735 N. Lynn Street, Arlington, VA 22209-2020
Field Offices:
St Louis: 1720 Market St, PO Box 78579, St. Louis, MO, 63178-
8579
Dallas: 101 E McKinney St, PO Box 2144, Denton, TX 76201-2144
Minneapolis: 1 Federal Dr, PO Box 32, Fort Snelling, MN, 55111-
0032
Stanley F. Mires,
Chief Counsel, Legislative.
[FR Doc. 98-27717 Filed 10-14-98; 8:45 am]
BILLING CODE 7710-12-U
