Privacy Act of 1974; System of Records, 29483-29486 [05-10214]

Agencies

• Office of the Secretary
• DEPARTMENT OF DEFENSE

[Federal Register Volume 70, Number 98 (Monday, May 23, 2005)]
[Notices]
[Pages 29483-29486]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-10214]


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DEPARTMENT OF DEFENSE

Office of the Secretary


Privacy Act of 1974; System of Records

AGENCY: Office of the Inspector General, DoD.

[[Page 29484]]


ACTION: Notice to alter a system of records; CIG-06--Investigative 
Files.

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SUMMARY: The Office of the Inspector General (OIG) of the Department of 
Defense (DoD) proposes to alter a system of records to its inventory of 
record systems subject to the Privacy Act of 1974 (5 U.S.C. 552a), as 
amended, by adding two new routine uses that will permit the sharing of 
information with other (1) Federal Inspector General Offices, the 
President's Council on Integrity and Efficiency, and/or Federal law 
enforcement agencies in the conduct of investigations or when 
responding to such offices, Council, and agencies in connection with 
investigations of potential violations of law, rule, or regulation and 
(2) Federal Inspector General offices, the President's Council on 
Integrity and Efficiency, and the Department of Justice in the review 
of internal safeguards and management procedures employed by the OIG of 
the DoD.

DATES: The changes will be effective on June 22, 2005, unless comments 
are received that would result in a contrary determination.

ADDRESSES: Send comments to Chief, FOIA/PA Office, Inspector General, 
Department of Defense, 400 Army Navy Drive, Room 201, Arlington, VA 
22202-4704.

FOR FURTHER INFORMATION CONTACT: Mr. Darryl R. Aaron at (703) 604-9785.

SUPPLEMENTARY INFORMATION: The Office of the Inspector General notices 
for systems of records subject to the Privacy Act of 1974 (5 U.S.C. 
552a), as amended, have been published in the Federal Register and are 
available from the address above.
    The proposed systems reports, as required by 5 U.S.C. 552a(r) of 
the Privacy Act of 1974, as amended, were submitted on May 4, 2005, to 
the House Committee on Government Reform, the Senate Committee on 
Homeland Security and Governmental Affairs, and the Office of 
Management and Budget (OMB) pursuant to paragraph 4c of Appendix I to 
OMB Circular No. A-130, `Federal Agency Responsibilities for 
Maintaining Records About Individuals,' dated February 8, 1996 
(February 20, 1996, 61 FR 6427).

    Dated: May 18, 2005.
Jeannette Owings-Ballard,
OSD Federal Register Liaison Officer, Department of Defense.
CIG-06

System name:
    Investigative Files (November 12, 2003, 68 FR 64088).

Changes:
* * * * *

Routine uses of records maintained in the system, including categories 
of users and the purposes of such uses:
    Add new paragraphs four and five to read: To other Federal 
Inspector General offices, the President's Council on Integrity and 
Efficiency, and/or other Federal law enforcement agencies for the 
purpose of coordinating and conducting administrative inquiries and 
civil and criminal investigations, or when responding to such offices, 
Council, and agencies in connection with the investigation of potential 
violations of law, rule, and/or regulation.
    To other Federal Inspector General offices, the President's Council 
on Integrity and Efficiency, and/or the Department of Justice for 
purposes of conducting external reviews to ensure that adequate 
internal safeguards and management procedures continue to exist within 
the Office of the Inspector General of the Department of Defense.
* * * * *
CIG-06

System name:
    Investigative Files.

Primary location:
    Office of the Deputy Inspector General for Investigations, Defense 
Criminal Investigative Service, Office of the Inspector General, 
Department of Defense, 400 Army Navy Drive, Arlington, VA 22202-4704.

Decentralized locations:
    Regional Field Offices; Resident Agencies; and various other OIG 
DoD Offices. A complete list of these decentralized locations can be 
obtained by writing to the `System manager'.

Categories of individuals covered by the system:
    DoD civilian personnel; members of the Armed Forces of the United 
States, Reserve components, and National Guard units; DoD contractors; 
individuals residing on, having authorized official access to, or 
contracting or operating any business or other functions at any DoD 
installation or facility; and individuals not affiliated with the 
Department of Defense when their activities have directly threatened 
the functions, property or personnel of the Department of Defense, or 
they have threatened any other high ranking government personnel who 
are provided protective service mandated by the Secretary of Defense, 
or they have engaged in, or are alleged to engage in criminal acts on 
DoD installations or directed at the Department of Defense, its 
personnel or functions; or individuals information regarding DoD 
activities falling under the purview of OIG responsibilities.

Categories of records in the system:
    Reports of Investigations (ROIs), Information Reports (IRs) and 
criminal intelligence reports containing statements of witnesses, 
suspects, subject(s) and special agents; laboratory reports, polygraph 
records to include charts, reports, technical data, rights waivers, 
polygraph waivers, numerical score sheets, interview logs, test 
questions sheets, and all other documents relating to the polygraphs, 
all consensual or non consensual monitoring, documentary evidence, 
physical evidence, summary and administrative data pertaining to 
preparation and distribution of the report; basis for allegations; 
investigative information from Federal, State, and local investigative 
and intelligence agencies and departments and all correspondence 
relevant to the investigation, location of investigation, year and date 
of offense, names and personal identifiers of persons who have been 
subjects of electronic surveillance, suspects, subjects witnesses and 
victims of crimes, report number which allows access to records noted 
above; agencies, firms, and Defense Department organizations which were 
the subject(s) or victim(s) of criminal investigations; and disposition 
and suspense of offenders listed in criminal investigative files, 
agents notes, working papers, confidential source documents, subpoenas, 
Grand Jury documents, finger print cards, witness identification data, 
requests approvals for case openings and or closings, special 
investigative techniques requiring approval by management, and any 
other miscellaneous documents supporting the case files.

Authority for maintenance of the system:
    Inspector General Act of 1978 (Pub. L. 95-452), as amended; DoD 
Directive 5106.1, Inspector General of the Department of Defense; and 
E.O. 9397 (SSN).

Purpose(s):
    To conduct criminal investigations, crime prevention and criminal 
intelligence activities, to accomplish management studies involving the 
analysis, compilation of statistics, quality control, to ensure that 
completed investigations are legally sufficient and result in overall 
improvement in techniques, training

[[Page 29485]]

and professionalism. Includes personnel security, internal security, 
criminal, and other law enforcement matters, all of which are essential 
to the effective operation of the Office of the Inspector General.

The records in this system are used for the following purposes:
    Suitability, loyalty, eligibility, and general trustworthiness of 
individuals for access or continued access to classified information 
and suitability for access to government facilities or industrial firms 
engaged in government projects/contracts; contractor responsibility and 
suspension/debarment determinations; suitability for awards or similar 
benefits; use in current law enforcement investigation or program of 
any type; use in judicial or adjudicative proceedings including 
litigation or in accordance with a court order; to identify offenders, 
to provide facts and evidence upon which to base prosecution, to 
provide information to other investigative elements of the Department 
of Defense having jurisdiction over the substance of the allegations or 
a related investigative interest in criminal law enforcement 
investigations including statutory violations, counter-intelligence, 
counter-espionage and counter-terrorist activities and other security 
matters; to effect corrective administrative action and to recover 
money and property which has been wrongfully used or misappropriated; 
to make statistical evaluations and reports; to make decisions 
affecting personnel actions concerning members of the Armed Forces and 
or Federal employees; and to respond to other complaint investigations 
and congressional inquires as appropriate.

Routine uses of records maintained in the system, including categories 
of users and the purposes of such uses:
    In addition to those disclosures generally permitted under 5 U.S.C. 
552a(b) of the Privacy Act, these records or information contained 
therein may specifically be disclosed outside the DoD as a routine use 
pursuant to 5 U.S.C. 552a(b)(3) as follows:
    To the U.S. Secret Service in conjunction with the protection of 
persons under its jurisdiction.
    To other Federal, State, or local agencies having jurisdiction over 
the substance of the allegations or a related investigative interest in 
criminal law enforcement investigations including statutory violations, 
counter-intelligence, counter-espionage and counter-terrorist 
activities and other security matters.
    To other Federal Inspector General offices, the President's Council 
on Integrity and Efficiency, and/or other Federal law enforcement 
agencies for the purpose of coordinating and conducting administrative 
inquiries and civil and criminal investigations, or when responding to 
such offices, Council, and agencies in connection with the 
investigation of potential violations of law, rule, and/or regulation.
    To other Federal Inspector General offices, the President's Council 
on Integrity and Efficiency, and/or the Department of Justice for 
purposes of conducting external reviews to ensure that adequate 
internal safeguards and management procedures continue to exist within 
the Office of the Inspector General of the Department of Defense.
    The DoD `Blanket Routine Uses' set forth at the beginning of the 
OIG's compilation of systems of records notices also apply to this 
system.

Policies and practices for storing, retrieving, accessing, retaining, 
and disposing of records in the system:
Storage:
    Records are stored on paper in file folders and on electronic 
storage media.

Retrievability:
    Records are retrieved by individual's name, Social Security Number, 
Military Service Number, or case control number.

Safeguards:
    Office is locked and building is protected by guards during non-
duty hours. All OIG records are stored in locked safes and are 
accessible only to authorized personnel who have a need-to-know in 
conjunction with their official duties. Computerized listings are 
password protected.

Retention and disposal:
    Investigative Case files and Information Reports are maintained in 
the office of origin for two years after case closure and then 
transferred to the OIG DoD Headquarters for final preparation and final 
transfer to the Washington National Records Center where they are 
retained for 20 years and 10 years, respectively, and ultimately 
destroyed.
    Those records which attract great public or judicial attention or 
document a historical development in the OIG DoD may be deemed 
permanent and transferred directly to the National Archives and Records 
Administration.

System manager(s) and address:
    Director, Internal Operations Directorate, Office of the Deputy 
Inspector General for Investigations, Defense Criminal Investigative 
Service, Office of the Inspector General of the Department of Defense, 
400 Army Navy Drive, Arlington, VA 22202-4704.

Notification procedure:
    Individuals seeking to determine whether information about 
themselves is contained in this system should address written inquiries 
to the Chief, Freedom of Information Act/Privacy Act Office, 400 Army 
Navy Drive, Arlington, VA 22202-4704.
    Written requests should contain the individual's full name 
(including former names and aliases), and Social Security Number, 
current home address, telephone number, and the request must be signed.

Record access procedures:
    Individuals seeking access to information about themselves 
contained in this system should address written inquiries to the Chief, 
Freedom of Information Act/Privacy Act Office, 400 Army Navy Drive, 
Arlington, VA 22202-4704.
    Written requests should contain the individual's full name 
(including former names and aliases), and Social Security Number, 
current home address, telephone number, and the request must be signed.

Contesting record procedures:
    The OIG's rules for accessing records and for contesting contents 
and appealing initial agency determinations are published in 32 CFR 
part 312 or may be obtained from the system manager.

Record source categories:
    Subjects and suspects of OIG investigations. Interview of 
witnesses, victims, and confidential sources. All types of records and 
information maintained by all levels of government, private industry, 
and non-profit organizations reviewed during the course of the 
investigation or furnished the OIG. Any other type of record deemed 
necessary to complete the OIG investigation.

Exemptions claimed for the system:
    Parts of this system may be exempt pursuant to 5 U.S.C. 552a(j)(2) 
if the information is compiled and maintained by a component of the 
agency that performs as its principle function any activity pertaining 
to the enforcement of criminal laws.
    An exemption rule for this record system has been promulgated in 
accordance with the requirements of 5 U.S.C. 553(b)(1), (2), and (3), 
(c) and (e) and published in 32 CFR part 312. For

[[Page 29486]]

additional information contact the system manager.

[FR Doc. 05-10214 Filed 5-20-05; 8:45 am]
BILLING CODE 5001-06-P