USGS-23 Personnel Investigations Records

63 FR 60378, November 9, 1998; Modification published 74 FR 23430, May 19, 2009
 
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DEPARTMENT OF THE INTERIOR 
 
Geological Survey 
 
Privacy Act of 1974; As Amended; Revisions to the Existing System of Records 
 
AGENCY:  Geological Survey, Department of the Interior. 
 
ACTION:  Proposed revisions to an existing system of records.
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SUMMARY:  In accordance with the Privacy Act of 1974, as amended (5 U.S.C. 552a), the U.S. Geological Survey (USGS) is issuing public notice of its intent to modify an existing Privacy Act system of records notice, USGS–23, ‘‘Personnel Investigations Records.’’  The revisions will update addresses of the System Location and the System Manager. There are two additions and minor language changes under Categories of Individuals Covered by the System. There is an addition to Authority for Maintenance of the System.  There are minor language changes under Storage and Safeguards. 
 
EFFECTIVE DATES:  5 U.S.C. 552a(e)(11) requires that the public be provided a 30-day period in which to comment on the intended use of the information in the system of records.  The Office of Management and Budget, in its Circular A–130, requires an additional 10-day period (for a total of 40 days) in which to make these comments.  Any persons interested in commenting on this revised system of records may do so by submitting comments in writing to the U.S. Department of the Interior, U.S. Geological Survey, USGS Privacy Act Officer, National Center, MS–807, 12202 Sunrise Valley Drive, Reston, VA. 20192. Comments received within two days of publication in the Federal Register (December 21, 1998), will be considered.  The system will be effective as proposed at the end of the comment period, unless comments are received which would require a contrary determination. 
 
ADDRESSES:  Send written comments to U.S. Department of the Interior, U.S. Geological Survey, USGS Privacy Act Officer, National Center, MS–807, Reston, Virginia, 20192. Hand deliver comments to the same address. 
 
FOR FURTHER INFORMATION CONTACT:  Security Officer, Office of Program Support, Office of Management Services, U.S. Geological Survey, National Center, Mail Stop 250, Reston, Virginia 20192. 
 
SUPPLEMENTARY INFORMATION:  The USGS is proposing to amend the system notice for USGS–23, ‘‘Personnel Investigation Records,’’ to more accurately and clearly define the addresses of the System Location and the System Manager; to add some new groups of individuals in Categories, as well as update some of the language used in the descriptions; to more clearly define the Authorities; and to update the language in Storage and Safeguards. 
 
Dated: October 28, 1998. 
Paul R. Celluzzi, 
Chief, Corporate Information Technology Branch, Office of Information Services. 
 
Accordingly, the USGS proposes to amend the ‘‘Personnel Investigations Records,’’ USGS–23 in its entirety to read as follows: 
 
INTERIOR/USGS–23 
 
SYSTEM NAME: 
Personnel Investigations Records— Interior, USGS–23. 
 
SYSTEM LOCATION: 
Security Management Office, Office of Program Support, Office of Management Services, U.S. Geological Survey, National Center, Mail Stop 250, Reston, VA 20192. 
 
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: 
  • 1.  Current Geological Survey employees and contractors who 
    • (a)  are granted access to classified information; 
    • (b)  are filling public trust positions not requiring access to classified information; 
    • (c)  are being considered either for access to classified information or for filling public trust positions not requiring access to classified information; and 
    • (d)  are found unsuitable for access to classified information or filling public trust positions because unfavorable information was revealed during the conduct of their security investigations. 
  • 2. Former Geological Survey employees and contractors who 
    • (a)  were granted access to classified information; 
    • (b)  were filling public trust positions not requiring access to classified information; and 
    • (c)  were found unsuitable for access to classified information or filling public trust positions because unfavorable information was revealed during the conduct of their security investigations. 
 
CATEGORIES OF RECORDS IN THE SYSTEM: 
These records contain investigative information regarding an individual’s character, conduct, and behavior in the community where he or she lives or lived; arrests and convictions for any violations against the law; reports of interviews with present and former supervisors, co-workers, associates, educators, etc.; reports and the qualifications of an individual for a specific position; reports of inquiries with or from law enforcement agencies, employers, and educational institutions attended; foreign affiliations which may affect his or her loyalty to the United States; and other information developed from the above. 
 
AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 
Executive Order 10450, as amended, and Departmental manual 441, Personnel Security and Suitability Requirements. 
 
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES: 
The contents of these records and files may be disclosed and used as follows: 
  • (1)  To designated officials, officers, and employees of the USGS, DOI, OPM, DOE, CIA, FBI, and all other agencies and departments of the Federal Government who in the performance of their duties have an interest in the individual for employment purposes, including a security clearance or access determination, and a need to evaluate qualifications, suitability, and loyalty to the United States Government; 
  • (2)  To the U.S. Department of Justice or in a proceeding before a court or adjudicative body when 
    • (a)  the United States, the Department of the Interior, a component of the Department, or, when represented by the government, an employee of the Department is a party to litigation or anticipated litigation or has an interest in such litigation, and 
    • (b) the Department of the Interior determines that the disclosure is relevant or necessary to the litigation and is compatible with the purpose for which the records were compiled; 
  • (3)  To disclose pertinent information to an appropriate Federal, State, local, or foreign agency responsible for investigating, prosecuting, enforcing, or implementing a statute, regulation, rule, or order, where the disclosing agency becomes aware of an indication of a violation or potential violation of civil or criminal law or regulation; and, 
  • (4)  To a congressional office from the record of an individual in response to an inquiry the individual has made to the congressional office.
  • (5)  To appropriate agencies, entities, and persons when: 
    • (a)  It is suspected or confirmed that the security or confidentiality of information in the system of records has been compromised; and 
    • (b)  The Department has determined that as a result of the suspected or confirmed compromise there is a risk of harm to economic or property interest, identity theft or fraud, or harm to the security or integrity of this system or other systems or programs (whether maintained by the Department or another agency or entity) that rely upon the compromised information; and 
    • (c) The disclosure is made to such agencies, entities and persons who are reasonably necessary to assist in connection with the Department’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: 
All investigative records are maintained in file folders stored in file cabinets. An automated index system of all records is on a personal computer. 
 
RETRIEVABILITY: 
All records are indexed by surname in alphabetical order.  The automated index system is indexed by surname or social security number. 
 
SAFEGUARDS: 
The filing cabinets and the personal computer are safeguarded in a secure, windowless office with one doorway which is secured by a key locking device using an off-master key system. Access to all keys is under stringent security controls. The automated index system of all records is further protected by a password and privacy act warning. 
 
RETENTION AND DISPOSAL: 
  • (a)  OPM investigative files are routinely destroyed within 90 days after receipt or upon completion of the adjudication action, whichever occurs last.  Disposition of files is made in accordance with the Bureau Records Disposition Schedule, RCS/Item 306– 15b. 
  • (b)  All information, supplementing the above OPM investigative files originated by the Geological Survey, is retained for five years following termination of awarded security clearance or employment, whichever occurs first, and is then destroyed.  Disposition of files if made in accordance with the Bureau Records Disposition Schedule, RCS/Item 306– 15a. 
 
SYSTEM MANAGER(S) AND ADDRESS: 
Security Officer/Alternate Security Officer, Office of Program Support, Office of Management Services, U.S. Geological Survey, National Center, Mail Stop 250, Reston, VA 20192. 
 
NOTIFICATION PROCEDURE: 
Written inquiries to the System Manager are required and must include the following information in order to positively identify the individual whose records are requested: 
  • (1)  Full name, 
  • (2)  Date of birth, 
  • (3)  Place of birth, 
  • (4)  Any available information regarding the type of record requested. See 43 CFR 2.60. 
 
RECORD ACCESS PROCEDURE: 
An individual can obtain information on the procedures for gaining access to and contesting the records from the above System Manager. See 43 CFR 2.63. 
 
CONTESTING RECORD PROCEDURES: 
Same as above. See 43 CFR 2.71. 
 
RECORD SOURCE CATEGORIES: 
Information contained in this system is obtained from the following categories of sources: (1) Applications and order personnel and security forms furnished by the individual, (2) Results of investigations and other material furnished by Federal agencies.

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