[Federal Register Volume 61, Number 184 (Friday, September 20, 1996)]
[Notices]
[Pages 49462-49464]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-24108]
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GENERAL SERVICES ADMINISTRATION
Privacy Act of 1974; System of Records
AGENCY: General Services Administration (GSA).
ACTION: Notice of a revised system of records.
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SUMMARY: This document gives notice, under the Privacy Act of 1974, 5
U.S.C. 552a, of the system of records Incident Reporting,
Investigation, Contingency Planning/Analysis and Security Case Files,
GSA/PBS-3, which the agency proposes to revise to comply with 42 U.S.C.
13041 and indicates that GSA plans to conduct criminal history checks
of persons providing child care
[[Page 49463]]
to children under the age of 18 at Federal facilities. A revised system
report has been filed with the Chair of the House Committee on
Government Reform and Oversight, the Chair of the Senate Committee on
Governmental Affairs, and the Office of Management and Budget.
DATES: Any interested person may submit written comments about the
revised system. Comments must be received on or before the 40th day
after GSA publishes this notice. The system becomes effective the 40th
day after the agency publishes the notice, unless the agency receives
comments that result in a contrary decision.
ADDRESSES: Address comments to Elaine P. Dade, Acting Privacy Act
Officer, General Services Administration (CAE), 1800 F Street NW.,
Washington, DC 20405.
FOR FURTHER INFORMATION CONTACT:
William M. McHugh, Privacy Act Liaison (202) 501-2983.
SUPPLEMENTARY INFORMATION: Under Executive Order (E.O.) 10450, April
27, 1953; E.O. 12065, June 28, 1978; 31 U.S.C. 1535; 40 U.S.C. 318(a)
through 318(d); and 42 U.S.C. 13041, GSA maintains an information
system for assessing employment suitability, planning for terrorist
threats that could disrupt GSA operations, and enforcing criminal laws
and regulations.
Besides adding a new class of individuals (child-care personnel)
subject to background checks, there are editorial changes to clarify
and update information, including references to offices and locations
where the system is in use.
Dated: September 9, 1996.
Elaine P. Dade,
Acting Director, Information Management Division (CAE).
GSA/PBS-3 23-00-0075
Incident reporting, investigation, contingency planning/analysis,
and security case files.
The system of records is located in GSA's Office of Federal
Protective Service and in the regional offices of Federal Protective
Service divisions at the addresses given at the end of the notice.
The purpose is to maintain an information system that contains (1)
preliminary and other criminal investigation reports used to enforce
criminal law, rules, and regulations; to prevent, control, or reduce
crime and arrest criminals; and for correction, probation and pardon,
and parole activities; (2) security files that are the basis of
suitability decisions for GSA contract personnel and for persons
providing child care to children under the age of 18 in facilities
operated by or for the Government or by contractors; and (3)
contingency plans that provide patterns of potential or actual
terrorist group activities or other activities that could disrupt the
operation of GSA facilities.
a. Persons who were the source of (1) an initial complaint and (2)
an allegation that a crime took place.
b. Witnesses who have information or evidence about any aspect of
an investigation;
c. Persons who are, or who may become, suspects in an investigation
of criminal activity;
d. Persons being investigated on noncriminal matters;
e. Employees of GSA contractors performing contract services in
buildings and areas under GSA control;
f. Individuals who provide child care to children under the age of
18 in Federal facilities;
g. Current and former applicants for the position of Federal
Protective Officer;
h. Persons associated with terrorists or terrorist groups and
activities and names of regional and national terrorist organizations;
and
i. Sources of information and evidence vital to the outcome of
administrative procedures and civil and criminal cases. The identity of
the individuals and the information they contribute are confidential.
a. Files containing preliminary and other reports of criminal
investigations from the opening of a case until its close. Criminal
justice and civil or administrative remedies may require partial or
total disclosure of the reports.
b. Security files containing name, date and place of birth,
address, social security number, education, occupation, experience, and
investigative material.
c. Contingency planning/analysis files containing information such
as names and other identifying information and investigative materials
on persons linked with terrorists or terrorist groups and activities.
They also contain information about regional and national terrorist
organizations and their effect on the security of GSA facilities.
d. Intelligence briefs; tactical, operational and strategic
information reports; regional and national contingency analysis; action
plans; and patterns of potential or actual terrorist groups, or other
activities that could disrupt the orderly operation of GSA facilities.
Authority for the system comes from E.O. 10450, April 27, 1953,
E.O. 12065, June 28, 1978; 31 U.S.C. 1535; and 40 U.S.C. 318(a) through
318d; 42 U.S.C. 13041.
a. To disclose information to a Federal, State, local, or foreign
agency investigating, prosecuting, enforcing, or carrying out a
statute, rule, regulation, or order, where GSA becomes aware of a
violation or potential violation of civil or criminal law or
regulation.
b. To disclose information to a Member of Congress or a
congressional staff member in response to a request of the person who
is the subject of the records.
c. To disclose information to a Federal, State, or local agency
keeping civil, criminal, enforcement, or related information to obtain
additional information needed in making a decision on hiring or
retaining an employee; issuing a security clearance; letting a
contract; or issuing a license, grant, or other benefit.
d. To disclose information to a requesting Federal agency in
connection with hiring or retaining an employee; issuing a security
clearance; reporting an employee investigation; clarifying a job;
letting a contract; or issuing a license, grant, or other benefit by
the requesting agency where the information is necessary for a
decision.
e. To disclose information to an appeal, grievance, or formal
complaints examiner; equal employment opportunity investigator;
arbitrator; union representative or other official engaged in
investigating or settling a grievance, complaint, or appeal filed by an
employee.
f. To disclose information to the Office of Personnel Management
for evaluating Federal personnel management.
g. To disclose information to bureaus and divisions of the
Department of Justice that share jurisdiction over a subject and
location with the Office of Federal Protective Service.
h. To disclose information to subdivisions of the Department of
Justice that are prosecuting criminal cases and pursuing civil cases
arising from activities of the Office of Federal Protective Service.
[[Page 49464]]
i. To disclose information to Federal, State, local, and foreign
law enforcement agencies participating in an investigation with the
Office of Federal Protective Service.
j. To disclose information to the Department of Justice when an
agency, an agency employee, or the United States is a party to or has
interest in litigation, and using the records is necessary and
compatible with the purpose of collecting the information.
k. To disclose information to a court of adjudicative body when the
agency, any agency employee, or United States is party to or has
interest in litigation, and the use of the records is necessary and
compatible with the purpose of collecting the information.
Paper records are kept in file folders; computer tapes and cards
are kept in file cabinets.
Records are retrieved by name, file number, case number, incident
and location, and type of incident.
Paper records are stored in locked filing cabinets with combination
locks when not in use and in secured rooms. Computer tapes holding
unclassified records are protected by a password system.
Record disposal is described in the handbook, GSA Records
Maintenance and Disposition System (OAD P 1820.2A).
Assistant Commissioner, Office of Federal Protective Service (PS),
Public Building Service, General Services Administration, 1800 F Street
NW., Washington, DC 20405.
A requester who wishes to be notified whether the system contains a
record concerning himself or herself should address an inquiry to the
system manger.
A requester should address an individual request to view or amend a
record to the system manager, furnishing full name, social security
number, address, and telephone number. For the identification required,
see 41 CFR part 105-64, published in the Federal Register.
The procedures for contesting the content of a record or appealing
the denial of a request to access or amend a record are in 41 CFR part
105-64.
The sources for the records are investigations, informants,
witnesses, official records, investigative leads, statements,
depositions, business records, or any other information source
available to the Office of Federal Protective Service.
Under 5 U.S.C. 552a(j), the criminal investigation case files and
contingency planning/analysis files in the system are exempt from the
Privacy Act of 1974, except subsections (b); (c) (1) and (2); (e)(4)
(A) through (F); (3) (6), (7), (9), (10), (11), and (i) of the Act.
Under 5 U.S.C. 552a(k), the general investigation and security files in
the system are exempt from subsections (c)(3); (d); (e)(i); (e)(4) (G),
(H), and (I); and (f) of the Act.
Record System Locations
Central Office, GSA, Office of Federal Protective Service (PS),
1800 F Street NW., Washington, DC 20405.
New England Region, GSA Federal Protective Service (1PS), Thomas
P. O'Neill Federal Building, 10 Causeway Street, Room 108, Boston,
MA 02222.
Northeast and Caribbean Region, GSA, Federal Protective Service
Division (2PS), 26 Federal Plaza, Room 17-130, New York, NY 10278.
Mid-Atlantic Region, GSA, Federal Protective Service Division
(3PS), John Wanamaker Building, 100 Penn Square East, Room 714,
Philadelphia, PA 19107-3396.
Southeast-Sunbelt Region, GSA, Federal Protective Service
Division (4PS), 401 West Peachtree Street NW., Suite 2339, Atlanta,
GA 30365-2550.
Great Lakes Region, GSA, Federal Protective Service Division
(5PS), John C. Kluczynski Federal Building, 230 South Dearborn
Street, Room 3540, Chicago, IL 60604.
The Heartland Region, GSA, Federal Protective Service Division
(6PS), 1500 East Bannister Road, Room 2137, Kansas City, MO 64131.
Greater Southwest Region, GSA, Federal Protective Service
Division (7PS), 819 Taylor Street, Room 14A14, Fort Worth, TX 76102.
Rocky Mountain Region, GSA, Federal Protective Service Division
(8PS), Building 41, Denver Federal Center, Room 200, P.O. Box 25006,
Denver, CO 80225-0006.
Pacific Rim Region, GSA, Federal Protective Service Division
(9PS), 450 Golden Gate Avenue, Room 5205, San Francisco, CA 94102-
3400.
Northwest/Arctic Region, GSA, Federal Protective Service
Division (10PS), 400 15th Street SW., Auburn, WA 98001.
National Capital Region, GSA, Federal Protective Service
Division (WPS), Bldg. 74, Room 110, Southeast Federal Center,
Washington, DC 20407.
[FR Doc. 96-24108 Filed 8-19-96; 8:45 am]
BILLING CODE 6820-34-M
