[Federal Register: May 23, 2005 (Volume 70, Number 98)]
[Notices]
[Page 29483-29486]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23my05-34]
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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