Office of the Inspector General; Privacy Act of 1974; System of Records, 32313-32315 [06-5089]

Agencies

• DEPARTMENT OF DEFENSE

[Federal Register Volume 71, Number 107 (Monday, June 5, 2006)]
[Notices]
[Pages 32313-32315]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-5089]


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DEPARTMENT OF DEFENSE

[DOD-2006-OS-0114]


Office of the Inspector General; Privacy Act of 1974; System of 
Records

AGENCY: Office of the Inspector General, DoD.

ACTION: Notice to amend systems of records.

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SUMMARY: The Office of the Inspector General (OIG) is amending a system 
of records notice in its existing inventory of record systems subject 
to the Privacy Act of 1974 (5 U.S.C. 552a), as amended.

DATES: This proposed action will be effective without further notice on 
July 5, 2006 unless comments are received which 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 (OIG) 
systems of records notices 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 specific changes to the record system being amended are set 
forth below followed by the notice, as amended, published in its 
entirety. The proposed amendments are not within the purview of 
subsection (r) of the Privacy Act of 1974 (5 U.S.C. 552a), as amended, 
which requires the submission of a new or altered system report.

    Dated: May 26, 2006.
C.R. Choate,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
CIG-06

System name:
    Investigative Files (May 23, 2005, 70 FR 29483).

Changes:
* * * * *

System location:
    Delete entry and replace with: ``Primary location: Office of the 
Inspector General, Department of Defense, Office of the Deputy 
Inspector General for Investigations, Defense Criminal Investigative 
Service (DCIS), 400 Army Navy Drive, Arlington, VA 22202-4704.
    Decentralized locations: Defense Criminal Investigative Service 
Field Offices, Resident Agencies, and Posts of Duty.''

Purpose(s):
    Delete first paragraph and replace with: ``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 and professionalism. Includes personnel

[[Page 32314]]

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, DCIS.''

Retrievability:
    Delete entry and replace with: ``Records are retrieved by 
individuals name, Social Security Number, or case control number.''

Safeguards:
    Delete entry and replace with: ``The primary storage location and 
some decentralized locations are in buildings 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:
    Delete entry and replace with: ``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 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.''

Notificaton procedure:
    Delete entry and replace with: ``Individuals seeking to determine 
whether information about themselves is contained in this system should 
address written inquiries to the Freedom of Information Act Requester 
Service Center/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:
    Delete entry and replace with: ``Individuals seeking access to 
information about themselves contained in this system should address 
written inquiries to the Freedom of Information Act Requester Service 
Center/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 source categories:
    Delete entry and replace with: ``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 to the OIG. Any 
other type of record deemed necessary to complete the OIG 
investigation.''
* * * * *
CIG-06

System name:
    Investigative Files.
    Primary location: Office of the Inspector General, Department of 
Defense, Office of the Deputy Inspector General for Investigations, 
Defense Criminal Investigative Service (DCIS), 400 Army Navy Drive, 
Arlington, VA 22202-4704.
    Decentralized locations: Defense Criminal Investigative Service 
Field Offices, Resident Agencies, and Posts of Duty.

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 nonconsensual 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, fingerprint 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 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, DCIS.

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

[[Page 32315]]

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 inquiries 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, 
or case control number.

Safeguards:
    The primary storage location and some decentralized locations are 
in buildings 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 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 Freedom of Information Act Requester Service Center/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 
Freedom of Information Act Requester Service Center/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 to 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 additional 
information contact the system manager.

[FR Doc. 06-5089 Filed 6-2-06; 8:45 am]
BILLING CODE 5001-06-M