Privacy Act of 1974; Notice of Privacy Act Systems of Records, 46734-46738 [E9-21955]

Agencies

• Special Inspector General for Iraq Reconstruction

[Federal Register Volume 74, Number 175 (Friday, September 11, 2009)]
[Notices]
[Pages 46734-46738]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-21955]


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SPECIAL INSPECTOR GENERAL FOR IRAQ RECONSTRUCTION


Privacy Act of 1974; Notice of Privacy Act Systems of Records

AGENCY: Special Inspector General for Iraq Reconstruction.

ACTION: Notice.

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SUMMARY: The Special Inspector for Iraq Reconstruction (SIGIR) has 
reviewed its management records to identify its Privacy Act systems and 
to ensure that all such systems are relevant, necessary, accurate, up-
to-date, and covered by the appropriate legal or regulatory authority. 
This is the first notice published by this agency. It includes three 
SIGIR-wide systems of records including system managers, office titles, 
addresses, or locations. These are:

    SIGIR-1--Investigative Files
    SIGIR-2--Hotline Program Case Files
    SIGIR-3--Freedom of Information Act and Privacy Act Request and 
Appeal Files


DATES: Effective: October 13, 2009.

FOR FURTHER INFORMATION CONTACT: Call or e-mail Kirt West, Deputy 
General Counsel, Telephone 703-604-0489; e-mail kirt.west@sigir.mil.

ADDRESSES: SIGIR Deputy General Counsel, Office of General Counsel, 
SIGIR, 400 Army Navy Drive, Arlington, VA 22202-4704.

SUPPLEMENTARY INFORMATION: SIGIR has undertaken an agency-wide review 
of its records to identify all Privacy Act systems of records. As a 
result of this review, SIGIR is publishing its first Privacy Act 
systems of records notice, which includes three of its systems.

Kirt West,
Deputy General Counsel, Special Inspector General for Iraq 
Reconstruction.

Table of Contents

List of Notices

    In addition, the SIGIR (and/or the Army as SIGIR's Support Agent) 
maintains Systems of Records in accordance with the following 
government-wide Privacy Act Systems of Records Notices.

Equal Employment Opportunity Commission

    EEOC/GOVT-1--Equal Employment Opportunity in the Federal Government 
Complaint and Appeal Records

General Services Administration

    GSA/GOVT-3--Travel Charge Card Program

Merit Systems Protection Board

    MSPB/GOVT-1--Appeal and Case Records

Office of Government Ethics

    OGE/GOVT-1--Executive Branch Public Financial Disclosure Reports 
and Other Ethics Program Records
    OGE/GOVT-2--Confidential Statements of Employment and Financial 
Interests

Office of Personnel Management

    OPM/GOVT-1--General Personnel Records
    OPM/GOVT-2--Employee Performance File System Records
    OPM/GOVT-3--Records of Adverse Actions.
    OPM/GOVT-5--Recruiting Records
    OPM/GOVT-10--Employee Medical File System Records

Blanket Routine Uses

    Certain ``blanket routine uses'' of the records have been 
established that are applicable to every record system maintained by 
SIGIR unless specifically stated otherwise within a particular record 
system.

SIGIR Blanket Routine Uses

Legal and Law enforcement uses

    1. To any criminal, civil, or regulatory law enforcement authority 
(whether Federal, State, local, foreign, or international) when the 
information is relevant to the recipient entity's law enforcement 
responsibilities.
    2. To any individual or entity when necessary to elicit information 
that will assist an SIGIR investigation, inspection, audit, or other 
inquiry.
    3. To respond to subpoenas in any litigation or other proceeding.
    4. To a court, magistrate, administrative tribunal, grand jury, or 
opposing counsel, in the course of presenting evidence in such 
proceedings or in settlement negotiations.
    5. To attorneys representing subjects of criminal investigations, 
except when the SIGIR determines that release is inappropriate under 
Title 5, U.S. Code Sections 552a(j) and (k).
    6. To the Integrity Committee of the Council of Inspectors General 
on

[[Page 46735]]

Integrity and Efficiency (CIGIE), another Federal Office of Inspector 
General, or other Federal law enforcement office in connection with an 
investigation, inquiry or review conducted pursuant to authorized CIGIE 
activity.
    7. To a Federal agency responsible for considering debarment or 
suspension action if the record would be relevant to such action.
    8. To inform complainants, victims, and witnesses of the status or 
results of an investigation or inquiry.
    9. To inform another agency regarding the status of a case or 
matter that has been referred by that agency for investigation or other 
inquiry or that involves a case or matter within the jurisdiction of 
that agency to notify it of the status of the case or matter or of any 
decision that has been made or to respond to other inquiries and 
reports as necessary during the processing of the case or matter.
    10. To the news media and the public when there exists a legitimate 
public interest (e.g., to provide information on events in the criminal 
process, such as an indictment) or when the IG determines that such 
disclosure is necessary to preserve confidence in the integrity of the 
Inspector General process, to demonstrate the accountability of SIGIR 
employees, officers or individuals covered by the system, or when 
necessary to prevent an imminent threat to life and property, unless it 
is determined that release of specific information would constitute an 
unwarranted invasion of personal privacy.

Hiring and qualification

    11. To a Federal, State, local, foreign, or international 
governmental or self-regulatory agency which requires information 
relevant to a decision concerning the hiring, appointment or retention 
of an employee or contractor, disciplinary or other administrative 
action concerning an employee, the reporting of an investigation of an 
employee, the letting of a contract, or the issuance of a license, 
grant or other benefit by the requesting agency, to the extent that the 
information is relevant and necessary to the requesting agency's 
decision in the matter.
    12. To any individual or entity when necessary to elicit 
information relevant to an SIGIR 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.

Congress and Other Agencies

    13. To a Congressional office in response to an inquiry made at the 
request of an individual but only from the record of that individual.
    14. To the Department of Justice and/or any component thereof or to 
the Office of General Counsel of another government entity for the 
purpose of representing SIGIR or any officer or employee of SIGIR in 
pending or potential litigation to which the record is pertinent, or to 
obtain its advice on any matter.
    15. To the Office of Management and Budget for the purpose of 
obtaining its advice on Privacy Act matters.
    16. To the Office of Government Ethics (OGE) to comply with agency 
reporting requirements established by OGE in 5 CFR Part 2638, subpart 
F.
    17. To the Equal Employment Opportunity Commission (EEOC) in 
connection with investigations of alleged or possible discriminatory 
practices, examination of Federal affirmative action programs, 
compliance with Uniform Guidelines of Employee Selection Procedures, or 
other functions vested in the Commission by the President's 
Reorganization Plan of 1978.
    18. To the Merit Systems Protection Board (MSPB), and Office of 
Special Counsel (OSC), if properly requested in connection with 
appeals, special studies of the civil service, and other merit system, 
reviews of rules or regulations, investigation of alleged or possible 
prohibited personnel practices, and such other functions promulgated in 
Title 5, U.S. Code Sections 1205 and 1206, or as may be authorized by 
law.
    19. To a Federal, State, local, or foreign or international agency, 
or other public authority, for use in computer matching programs to 
prevent and detect fraud and abuse in any agency program and to collect 
debts and overpayments owed to any agency or its components.
    20. To a foreign country pursuant to an international treaty or 
other agreement entered into or ratified by the United States, or to an 
Executive agreement.

Contractors and Other Individuals

    21. To independent auditors or other qualified organizations or 
individuals with which the SIGIR has contracted or agreed to carry out 
an independent audit, or to provide support for audits, reviews, 
investigations, peer reviews, or other services. These contractors will 
be required to maintain Privacy Act safeguards with respect to such 
records.
    22. To such agencies, entities and persons to whom disclosure is 
reasonably necessary to assist in SIGIR's efforts to respond to 
suspected or confirmed compromise of and prevent, minimize, or remedy 
any harm to the security and confidentiality of an SIGIR system of 
records.
SIGIR-1

SYSTEM NAME:
    SIGIR Investigative Files.

SECURITY CLASSIFICATION:
    The majority of the information in the system is Sensitive but 
unclassified; however, there is some classified information as well.

SYSTEM LOCATION:
    Office of the Assistant Inspector General for Investigations, 
SIGIR, 2011 Crystal Drive, Suite 1101, Arlington, VA 22202-
4704. During the course of an investigation, records may also be kept 
in the investigative field office in Baghdad, Iraq. Contact information 
for Iraq may be found on https://www.sigir.mil/contact/Default.aspx.

CATEGORIES OF INDIVIDUALS COVERED BY THIS SYSTEM:
    In connection with its investigative duties, the SIGIR maintains 
records on the following categories of individuals:
    a. Individuals or entities who are or have been the subject of 
investigations conducted by the SIGIR, including current and former 
employees of the SIGIR, Department of Defense (DOD), Department of 
State (DOS), the United States Agency for International Development 
(USAID) and other agencies in those areas where SIGIR has jurisdiction; 
current and former consultants, contractors, and subcontractors with 
whom the SIGIR or one of the above-mentioned agencies has contracted 
and their employees; and such other individuals or entities whose 
association with the SIGIR relates to alleged violation(s) of the 
Federal rules of conduct, the Civil Service merit system, and/or 
criminal or civil law, which may affect the integrity or physical 
facilities of the SIGIR and the agencies and entities in those areas 
where SIGIR has jurisdiction.
    b. Individuals who are or have been witnesses, complainants, or 
informants in investigations conducted by the SIGIR.
    c. Individuals or entities that have been identified as potential 
subjects of or parties to a SIGIR 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

[[Page 46736]]

exhibits, statements, affidavits, and records obtained during an 
investigation.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    SIGIR's enabling legislation, Sec.  3001 of the Emergency 
Supplemental Appropriations Act for Defense and for the Reconstruction 
of Iraq and Afghanistan, 2004 (Pub. L. 108-106; 117 Stat. 1209, 1234-
1238; 5 U.S.C. app. 8G note), as cumulatively amended, and the 
Inspector General Act of 1978, as amended, Public Law 95-452, 5 U.S.C. 
App. 3. Title 5 U.S.C. 552 and 552a. Title 5 U.S.C. 301.

PURPOSE(S):
    The purpose of this system of records is to enable the SIGIR to 
carry out its mandate under its enabling legislation, as amended, and 
Inspector General Act, as amended. The system will consist of files and 
records compiled by the SIGIR on DOD, DOS, USAID, and other Federal 
employees or other persons who are of interest in an investigation for 
fraud and abuse with respect to the programs and operations for which 
SIGIR has jurisdiction.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSE OF SUCH USES:
    In addition to those disclosures generally permitted under 5 U.S.C. 
552a(b) of the Privacy Act the records or information contained therein 
may specifically be disclosed outside the SIGIR as a ``blanket'' 
routine use pursuant to 5 U.S.C. 552a(b)(3) as described above.

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, 
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
    SIGIR Investigative Files consist of paper records maintained in 
folders, binders and logbooks; various records in electronic form; and 
an automated data base. The folders, binders and logbooks are stored in 
SIGIR's file cabinets and offices. The automated data base and 
electronic records are maintained on a file server and backup tapes in 
encrypted form.

RETRIEVABILITY:
    The records are retrieved by the name of the subject of the 
investigation or inquiry, or by a unique control number assigned to 
each investigation or inquiry.

SAFEGUARDS:
    These records are available only to those persons whose official 
duties require such access. The records are kept in limited access 
areas during duty hours and in locked file rooms or locked offices at 
all other times.

RETENTION AND DISPOSAL:
    The Investigative Files shall be kept in accordance with SIGIR's 
record retention schedule.

SYSTEM MANAGER(S) AND ADDRESS:
    Assistant Inspector General for Investigations, SIGIR, 400 Army 
Navy Drive, Arlington, VA 22202-4704.

NOTIFICATION PROCEDURES:
    Individuals seeking to determine whether information about 
themselves is contained in this system of records should address 
written inquiries to Kirt West, Deputy General Counsel, Office of 
General Counsel, SIGIR, 400 Army Navy Drive, Arlington, VA 22202-4704. 
The request should contain the individual's full name and address. 
Requests submitted on behalf of other persons must include their 
written authorization.

RECORD ACCESS AND CONTESTING PROCEDURES:
    Persons wishing to obtain information on the procedures for gaining 
access to or contesting the contents of this record may contact Kirt 
West, Deputy General Counsel, Office of General Counsel, SIGIR, 400 
Army Navy Drive, Arlington, VA 22202-4704.

RECORD SOURCE CATEGORIES:
    Information in these records is supplied by: Individuals including, 
where practicable, those to whom the information relates; witnesses, 
corporations and other entities; records of individuals and of the 
various Federal agencies for which SIGIR has jurisdiction; records of 
other entities; Federal, foreign, State or local bodies and law 
enforcement agencies; documents and correspondence relating to 
litigation; transcripts of testimony; and miscellaneous other sources.

EXEMPTIONS CLAIMED FOR THE SYSTEM:
    Pursuant to 5 U.S.C. 552a(j)(2), this system of records, to the 
extent it pertains to the enforcement of criminal laws, is exempted 
from all provisions of the Privacy Act of 1974, 5 U.S.C. 552a, except 
subsections (b), (c)(1) and (2), (e)(4)(A) through (F), (e)(6), (7), 
(9), (10), and (11), and (i).
    Pursuant to 5 U.S.C. 552a(k)(2), this system of records to the 
extent it consists of investigatory material compiled for law 
enforcement purposes, is exempted from the following provisions of the 
Privacy Act of 1974, 5 U.S.C. 552a(c)(3), (d), (e)(1), (e)(4)(G), (H), 
and (I), and (f) other than material within the scope of the exemption 
at 5 U.S.C. 552a(j)(2).
SIGIR-2

SYSTEM NAME:
    SIGIR Hotline Program Case Files.

SECURITY CLASSIFICATION:
    The majority of the information in the system is Sensitive but 
unclassified.

SYSTEM LOCATION:
    Office of the Deputy Assistant Inspector General for Inspections, 
SIGIR, 2011 Crystal Drive, Suite 1101, Arlington, VA 22202-
4704.

CATEGORIES OF INDIVIDUALS COVERED BY THIS SYSTEM:
    Individuals filing hotline complaints; individuals alleged to have 
been involved in or witness to criminal or administrative misconduct, 
including, but not limited to, fraud, waste, or mismanagement.

CATEGORIES OF RECORDS IN THE SYSTEM:
    In connection with its investigative duties, the SIGIR maintains 
records resulting from the referral of, and inquiry into, hotline 
complaints, such as the date of the complaint; the hotline control 
number; the name of the complainant; the actual allegations; referral 
documents to other agencies requesting investigation into SIGIR Hotline 
complaints; referral documents from other agencies transmitting 
reports, which normally contains the name of the examining official(s) 
assigned to the case; background information regarding the 
investigation itself, such as the scope of the investigation, relevant 
facts discovered, information received from witnesses, and specific 
source documents reviewed; the investigator's findings, conclusions, 
and recommendations; and the disposition of the case; and internal 
SIGIR or other agency Hotline forms documenting review and analysis of 
SIGIR reports received from other agencies.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    SIGIR's enabling legislation, Sec.  3001 of the Emergency 
Supplemental Appropriations Act for Defense and for the Reconstruction 
of Iraq and Afghanistan, 2004 (Pub. L. 108-106; 117 Stat. 1209, 1234-
1238; 5 U.S.C. app. 8G note), as cumulatively amended, and the 
Inspector General Act of 1978, as amended, Public Law 95-452, 5 U.S.C. 
App. 3. Title 5 U.S.C. 552 and 552a. Title 5 U.S.C. 301.

PURPOSE(S):
    The purpose of this system of records is to record information 
related to official hotline investigations; to compile statistical 
information to disseminate to other agencies, including

[[Page 46737]]

the Council of Inspectors General for Integrity and Efficiency (CIGIE); 
to provide prompt, responsive, and accurate information regarding the 
status of ongoing cases; and to provide a record of complaint 
disposition.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSE OF SUCH USES:
    In addition to those disclosures generally permitted under 5 U.S.C. 
552a(b) of the Privacy Act the records or information contained therein 
may specifically be disclosed outside the SIGIR as a ``blanket'' 
routine use pursuant to 5 U.S.C. 552a(b)(3), as set forth in SIGIR's 
System of Records Notice SIGIR-1-Investigative Files.

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, 
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
    SIGIR Hotline Files consist of paper records maintained in folders, 
binders and logbooks; various records in electronic form; and an 
automated data base. The folders, binders and logbooks are stored in 
SIGIR's file cabinets and offices. The automated data base and 
electronic records are maintained on a file server and backup tapes in 
encrypted form.

RETRIEVABILITY:
    The records are retrieved by the name of the subject of the 
investigation or inquiry, the name of the complainant, if available, or 
by a unique control number assigned to each hotline allegation or 
inquiry.

SAFEGUARDS:
    These records are available only to those persons whose official 
duties require such access. The records are kept in limited access 
areas during duty hours and in locked file rooms or locked offices at 
all other times. The automated system is password protected, and 
regular back-ups of data are performed.

RETENTION AND DISPOSAL:
    Hotline case files are kept in accordance with SIGIR's record 
retention schedule.

SYSTEM MANAGER(S) AND ADDRESS:
    Deputy Assistant Inspector General for Inspections, SIGIR, 400 Army 
Navy Drive, Arlington, VA 22202-4704.

NOTIFICATION PROCEDURES:
    Individuals seeking to determine whether information about 
themselves is contained in this system of records should address 
written inquiries to Kirt West, Deputy General Counsel, Office of 
General Counsel, SIGIR, 400 Army Navy Drive, Arlington, VA 22202-4704. 
The request should contain the individual's full name and address. 
Requests submitted on behalf of other persons must include their 
written authorization.

RECORD ACCESS AND CONTESTING PROCEDURES:
    Persons wishing to obtain information on the procedures for gaining 
access to or contesting the contents of this record may contact Kirt 
West, Deputy General Counsel, Office of General Counsel, SIGIR, 400 
Army Navy Drive, Arlington, VA 22202-4704.

RECORD SOURCE CATEGORIES:
    Information in these records is supplied by: Individuals including, 
where practicable, those to whom the information relates; witnesses, 
corporations and other entities; records of individuals and of the 
various Federal agencies for which SIGIR has jurisdiction; records of 
other entities; Federal, foreign, State or local bodies and law 
enforcement agencies; documents and correspondence relating to 
investigations; and miscellaneous other sources.

EXEMPTIONS CLAIMED FOR THE SYSTEM:
    Pursuant to 5 U.S.C. 552a(j)(2), this system of records, to the 
extent it pertains to the enforcement of criminal laws, is exempted 
from all provisions of the Privacy Act of 1974, 5 U.S.C. 552a, except 
subsections (b), (c)(1) and (2), (e)(4)(A) through (F), (e)(6), (7), 
(9), (10), and (11), and (i).
    Pursuant to 5 U.S.C. 552a(k)(2), this system of records to the 
extent it consists of investigatory material compiled for law 
enforcement purposes, is exempted from the following provisions of the 
Privacy Act of 1974, 5 U.S.C. 552a(c)(3), (d), (e)(1), (e)(4)(G), (H), 
and (I), and (f) other than material within the scope of the exemption 
at 5 U.S.C. 552a(j)(2).
SIGIR-3

SYSTEM NAME:
    Freedom of Information Act and Privacy Act Request and Appeal 
Files.

SYSTEM LOCATION:
    Office of the Chief Freedom of Information Act Officer, SIGIR, 2011 
Crystal Drive, Suite 1101, Arlington, VA 22202-4704.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    All persons requesting information from SIGIR or filing appeals 
under the Freedom of Information Act (FOIA) or Privacy Act.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Copies of each FOIA or Privacy Act request received and of all 
correspondence related to the requests, including name, affiliation 
address, telephone numbers, e-mail addresses, and other information 
about a requester. A computerized index includes the name and 
affiliation of each requester, the request identification number, and 
the subject of the request.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    Title 5 U.S.C. 552 and 552a.

PURPOSE(S):
    To respond to FOIA and Privacy Act requests and to prepare reports 
on FOIA and Privacy Act activities.

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, the records or information contained 
therein may specifically be disclosed outside the SIGIR as a 
``blanket'' routine use pursuant to 5 U.S.C. 552a(b)(3), as set forth 
in SIGIR's System of Records Notice SIGIR-1-Investigative Files.

RECORDS MAY ALSO BE DISCLOSED:
    1. To another Federal agency (a) with an interest in the record in 
connection with a referral of a Freedom of Information Act (FOIA) 
request to that agency for its views or decision on disclosure, or (b) 
in order to obtain advice and recommendations concerning matters on 
which the agency has specialized experience or particular competence 
that may be useful to SIGIR in making required determinations under the 
FOIA.

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, 
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
    SIGIR FOIA and Privacy Act request and Appeal files consist of 
paper records maintained in file folders; various records in electronic 
form; and an automated computer database.

RETRIEVABILITY:
    The records are retrieved by name of requester and request 
identification number.

SAFEGUARDS:
    These records are available only to persons whose official duties 
require such access. The records are kept in limited access areas 
during duty hours and in locked file rooms or locked offices at all 
other times. Computer records are maintained in a secure, password 
protected computer system.

[[Page 46738]]

RETENTION AND DISPOSAL:
    FOIA and Privacy Act Request and Appeal Records are maintained in 
accordance with SIGIR's records retention schedule.

SYSTEM MANAGER AND ADDRESS:
    Chief Freedom of Information Act Officer, SIGIR, 400 Army Navy 
Drive, Arlington, VA 22202-4704.

NOTIFICATION PROCEDURES:
    Any individual who wants to know whether this system of records 
contains a record about him or her, who wants access to his or her 
record, or who wants to contest the contents of a record, should make a 
written request to the Chief Freedom of Information Act Officer.

RECORD ACCESS AND CONTESTING PROCEDURES:
    Requesters will be required to provide adequate identification, 
such as a driver's license, employee identification card, or other 
identifying document. Additional identification procedures may be 
required in some instances. Requests for correction or amendment must 
identify the record to be changed and the corrective action sought.

RECORD SOURCE CATEGORIES:
    Information in these records is supplied by Freedom of Information 
Act and Privacy Act requesters and related correspondence from the 
record subject(s) and from SIGIR offices.*COM019*

[FR Doc. E9-21955 Filed 9-10-09; 8:45 am]
BILLING CODE 3710-8N-P