Office of the Inspector General; Privacy Act of 1974; Modified System of Records, 36725-36727 [E7-12992]

Agencies

• Department of Justice

[Federal Register Volume 72, Number 128 (Thursday, July 5, 2007)]
[Notices]
[Pages 36725-36727]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-12992]


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DEPARTMENT OF JUSTICE

[AAG/A Order No. 020-2007]


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

    The Department of Justice proposes to modify the Office of the 
Inspector General Investigative Records System, JUSTICE/OIG-001, first 
published in the Federal Register on March 10, 1992 (57 FR 8476) and 
thereafter modified by notice published at 65 FR 32125 (May 22, 2000) 
and 68 FR 22741 (April 29, 2003). The primary purpose of the system is 
to enable the Department's Office of the Inspector General (OIG) to 
carry out its responsibilities under the Inspector General Act of 1978, 
as amended, 5 U.S.C. App. 3, including its responsibility to conduct 
and supervise investigations relating to programs and operations of the 
Department. The Department now proposes to modify the system by adding 
several new routine uses, revising several existing routine uses for 
consistency with other Department of Justice notices, and rearranging 
the list of routine uses into a more logical order. In addition, to 
improve ease of reference the Department is republishing the system 
notice in its entirety.
    The Privacy Act at 5 U.S.C. 552a(e)(4) and (11) provides that the 
public be given 30 days in which to comment on these proposed changes. 
The Office of Management and Budget (OMB), which has oversight 
responsibility under the Act, has 40 days in which to conclude its 
review of the system. Therefore please submit any comments in writing 
to Mary Cahill, Management Analyst, Management and Planning Staff, 
Justice Management Division, Department of Justice, Washington, DC 
20530 by August 14, 2007.
    As required by 5 U.S.C. 552a(r) and OMB implementing regulations, 
the Department of Justice has provided a report on the proposed changes 
to OMB and the Congress.
    A modified system description is set forth below.

    Dated: June 22, 2007.
Lee J. Lofthus,
Assistant Attorney for Administration.

Department of Justice

Office of the Inspector General

JUSTICE/OIG-001

System Name:
    Office of the Inspector General Investigative Records.

Security Classification:
    The vast majority of the information in the system is Sensitive but 
Unclassified. However, there is some classified information as well.

System location:
    U.S. Department of Justice, Office of the Inspector General (OIG), 
950 Pennsylvania Ave., NW., Washington, DC 20530-0001 and 1425 New York 
Ave., NW., Suites 7100 and 13100, Washington, DC 20530. During the 
course of an investigation, records are also kept in the investigations 
field and area offices, the addresses of which are listed on the OIG's 
Web site at https://www.usdoj.gov/oig.

Categories of individuals covered by the system:
    In connection with its investigative duties, the OIG maintains 
records on the following categories of individuals:
    a. Individuals or entities who are or have been the subject of 
investigations conducted by the OIG, including current and former 
employees of the Department of Justice; current and former consultants, 
contractors, and subcontractors with whom the Department has contracted 
and their employees; grantees to whom the Department has awarded grants 
and their employees; and such other individuals or entities whose 
association with the Department relates to alleged violation(s) of the 
Department's rules of conduct, the Civil Service merit system, and/or 
criminal or civil law, which may affect the integrity or physical 
facilities of the Department.
    b. Individuals who are or have been witnesses, complainants, or 
informants in investigations conducted by the OIG.
    c. Individuals or entities who have been identified as potential 
subjects of or parties to an OIG investigation.

Categories of records in the system:
    Information relating to investigations including:
    a. Letters, memoranda, and other documents describing complaints or 
alleged criminal, civil, or administrative misconduct.
    b. Investigative files which include: Reports of investigations and 
related exhibits, statements, affidavits, and records obtained during 
the investigation.

Authority for maintenance of the system:
    Inspector General Act of 1978, as amended, 5 U.S.C. App. 3.

Purpose(s):
    The OIG maintains this system of records in order to carry out its 
responsibilities pursuant to the Inspector General Act of 1978, as 
amended. The OIG is statutorily directed to conduct and supervise 
investigations relating to programs and operations of the Department of 
Justice, to promote economy, efficiency, and effectiveness in the 
administration of such programs and operations, and to prevent and 
detect fraud, waste, and abuse in such programs and operations. 
Accordingly, the records in this system are used in the course of 
investigating individuals and entities suspected of having committed 
illegal or unethical acts and in conducting related criminal 
prosecutions, civil proceedings, and administrative actions.

Routine uses of records maintained in the system, including categories 
of users and the purposes of such uses:
    Records in this system may be disclosed as follows:
    (a) To any criminal, civil, or regulatory law enforcement authority 
(whether federal, state, local, territorial, tribal, or foreign) where 
the information is relevant to the recipient entity's law enforcement 
responsibilities.
    (b) To any individual or entity when necessary to elicit 
information that will assist an OIG investigation, inspection, or 
audit.

[[Page 36726]]

    (c) To any individual or entity when necessary to elicit 
information relevant to an OIG decision concerning the hiring, 
appointment, or retention of an individual; the issuance, renewal, 
suspension, or revocation of a security clearance; or the letting of a 
contract.
    (d) To appropriate officials and employees of a federal agency or 
entity which requires information relevant to a decision concerning the 
hiring, appointment, or retention of an individual; the issuance, 
renewal, suspension, or revocation of a security clearance; the 
execution of a security or suitability investigation; the letting of a 
contract; or the issuance or revocation of a grant or other benefit.
    (e) To appropriate officers and employees of state, local 
territorial, or tribal law enforcement or detention agencies in 
connection with the hiring or continued employment of an employee or 
contractor, where the employee or contractor would occupy or occupies a 
position of public trust as a law enforcement officer or detention 
officer having direct contact with the public or with prisoners or 
detainees, to the extent that the information is relevant and necessary 
to the recipient agency's decision.
    (f) To federal, state, local, tribal, foreign, or international 
licensing agencies or associations which require information concerning 
the suitability or eligibility of an individual for a license or 
permit.
    (g) To a Member of Congress or staff acting upon the Member's 
behalf when the Member or staff requests the information on behalf of, 
and at the request of, the individual who is the subject of the record.
    (h) In an appropriate proceeding before a court, grand jury, or an 
administrative or adjudicative body, when the OIG determines that the 
records are arguably relevant to the proceeding; or in an appropriate 
proceeding before an administrative or adjudicative body when the 
adjudicator determines the records to be relevant to the proceeding.
    (i) To an actual or potential party to litigation or the party's 
authorized representative for the purpose of negotiation or discussion 
of such matters as settlement, plea bargaining, or in informal 
discovery proceedings.
    (j) To the National Archives and Records Administration for 
purposes of records management inspections conducted under the 
authority of 44 U.S.C. 2904 and 2906.
    (k) To the news media and the public, including disclosures 
pursuant to 28 CFR 50.2, unless it is determined that release of the 
specific information in the context of a particular case would 
constitute an unwarranted invasion of personal privacy.
    (l) To complainants and/or victims to the extent necessary to 
provide such persons with information and explanations concerning the 
progress and/or results of the investigation or case arising from the 
matters of which they complained and/or of which they were a victim.
    (m) To the Office of the Inspector General for the Department of 
Homeland Security when necessitated by the transfer of Department of 
Justice functions and employees to the Department of Homeland Security.
    (n) To other federal Offices of Inspector General and/or to the 
President's Council on Integrity and Efficiency for purposes of 
conducting the external review process required by the Homeland 
Security Act.
    (o) To contractors, grantees, experts, consultants, students, and 
others performing or working on a contract, service, grant, cooperative 
agreement, or other assignment for the Federal Government, who have a 
need to know such information in order to accomplish an agency 
function.
    (p) To a former employee of the Department of Justice for purposes 
of: Responding to an official inquiry by a federal, state, or local 
government entity or professional licensing authority, in accordance 
with applicable Department regulations; or facilitating communications 
with a former employee that may be necessary for personnel-related or 
other official purposes where the Department requires information and/
or consultation assistance from the former employee regarding a matter 
within that person's former area of responsibility.
    (q) To appropriate agencies, entities, and persons when (1) the 
Department suspects or has confirmed that the security or 
confidentiality of information in the system of records has been 
compromised; (2) the Department has determined that as a result of the 
suspected or confirmed compromise there is a risk of harm to economic 
or property interests, 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 (3) the disclosure made to such 
agencies, entities, and persons is 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.
    (r) To such recipients and under such circumstances and procedures 
as are mandated by federal statute or treaty.
    (s) To a governmental entity lawfully engaged in collecting law 
enforcement, law enforcement intelligence, or national security 
intelligence information for such purposes.

Disclosure to Consumer Reporting Agencies:
    Not Applicable.

Policies and practices for storing, retrieving, accessing, retaining, 
and disposing of records in the system:
Storage:
    Information in this system is stored manually in file jackets and 
electronically in office automation equipment.

Retrievability:
    Each OIG investigation is assigned a case number and all records 
relating to a particular investigation are filed and retrieved by that 
case number. Records may also be retrievable by the surnames of 
subjects, witnesses, and/or complainants.

Safeguards:
    Information is stored in safes, locked filing cabinets, and office 
automation equipment in secured rooms or in guarded buildings, and is 
used only by authorized, screened personnel. Manual records are in 
locked cabinets or in safes and can be accessed by key or combination 
formula only. Passwords are required to access the automated data.

Retention and disposal:
    Records in this system are retained and disposed of in accordance 
with the schedule approved by the Archivist of the United States, Job 
Number NI-60-97-4.

System manager(s) and address:
    Office of the General Counsel, Office of the Inspector General, 
Department of Justice, 950 Pennsylvania Avenue, NW., Room 4726, 
Washington, DC 20530.

Notification procedure:
    Address inquiries to the System Manager listed above.

Record access procedures:
    The major part of this system is exempt from this requirement 
pursuant to 5 U.S.C. 552a(j)(2), (k)(1), and (k)(2). To the extent that 
this system is not subject to exemption, it is subject to access. A 
determination as to exemption shall be made at the time a request for 
access is received. A request for access to records contained in this 
system shall

[[Page 36727]]

be made in writing, with the envelope and the letter clearly marked 
``Privacy Access Request.'' Include in the request the full name of the 
individual involved, his or her current address, date and place of 
birth, notarized signature (or submitted with date and signature under 
penalty of perjury), and any other identifying number or information 
which may be of assistance in locating the record. The requester shall 
also provide a return address for transmitting the information. Access 
requests shall be directed to the System Manager listed above.

Contesting record procedures:
    The major part of this system is exempted from this requirement 
pursuant to 5 U.S.C. 552a(j)(2), (k)(1), and (k)(2). To the extent that 
this system of records is not subject to exemption, it is subject to 
contest. A determination as to exemption shall be made at the time a 
request for contest is received. Requesters shall direct their request 
to the System Manager listed above, stating clearly and concisely what 
information is being contested, the reason for contesting it, and the 
proposed amendment to the information.

Record source categories:
    The subjects of investigations; individuals with whom the subjects 
of investigations are associated; current and former Department of 
Justice officers and employees; Federal, State, local and foreign law 
enforcement and non-law enforcement agencies; private citizens; 
witnesses; informants; and public source materials.

Exemptions Claimed for the System:
    The Attorney General has exempted this system from subsections 
(c)(3) and (4); (d); (e)(1), (2), (3), (5) and (8); and (g) of the 
Privacy Act pursuant to 5 U.S.C. 552a(j)(2). In addition, the system 
has been exempted from subsections (c)(3), (d), and (e)(1), pursuant to 
subsections (k)(1) and (k)(2). Rules have been promulgated in 
accordance with the requirements of 5 U.S.C. 553(b), (c) and (e), and 
have been published in the Federal Register. See 28 CFR 16.75.
[FR Doc. E7-12992 Filed 7-3-07; 8:45 am]
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