[Federal Register Volume 64, Number 90 (Tuesday, May 11, 1999)]
[Notices]
[Pages 25308-25310]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-11741]
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DEPARTMENT OF DEFENSE
Department of the Army
Privacy Act of 1974; System of Records
AGENCY: Department of the Army, DoD.
ACTION: Notice to amend a system of records.
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SUMMARY: The Department of the Army 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 amendment will be effective without further notice on June
10, 1999, unless comments are received which result in a contrary
determination.
ADDRESSES: Privacy Act Officer, Records Management Program Division,
U.S. Total Army Personnel Command, ATTN: TAPC-PDR-P, Stop C55, Ft.
Belvoir, VA 22060-5576.
FOR FURTHER INFORMATION CONTACT: Ms. Janice Thornton at (703) 806-4390
or DSN 656-4390.
SUPPLEMENTARY INFORMATION: The Department of the Army 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 5, 1999.
L.M. Bynum,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
A0020-1a SAIG
System name:
Inspector General Investigation Files (February 22, 1993, 58 FR
10002).
Changes:
* * * * *
Categories of individuals covered by the system:
Delete entry and replace with `Any individual, military or
civilian, against whom allegations of wrongdoing have been made related
to violations of laws, rules, or regulations or to mismanagement, gross
waste of funds, or abuse of authority, that have been reviewed or
investigated.'
Categories of records in the system:
Delete entry and replace with `Investigative case files containing
investigative reports, such as, preliminary inquiries and Reports of
Investigation (ROIs), and administrative documents; and computer
indices. ROIs include the authority for the inquiry/investigation,
matters investigate, narrative, summaries/excerpts of testimony given
by witnesses and appended exhibits that may include supporting
documents, documentary evidence, summaries of interviews or transcripts
of verbatim testimony, or other investigative information from Federal,
State, and local investigative agencies and departments. Administrative
documents in the files include those that guide or facilitate inquiry/
investigative activities in the cases and provide the opening,
transfer, or closing data for the cases. Computerized indices contain
the names/subjects of the inquiry/investigation, opening and closing
dates, codes for the type of allegations and their disposition, brief
summaries of allegations, case notes, locations of the inquiries/
investigations and the assigned case numbers.'
Authority for maintenance of the system:
Delete entry and replace with `10 U.S.C. 3013, Secretary of the
Army; 10 U.S.C. 3014; 10 U.S.C. 3020; 10 U.S.C. 3065(a); Inspector
General Act of 1978 (Pub L. 95-452), as amended.'
Purpose(s):
Delete entry and replace with `To review and conduct non-criminal
law enforcement inquiries/investigations into allegations of wrongdoing
by Army personnel related to violations of laws, rules, or regulations
or to mismanagement, gross waste of funds, or abuse of authority and
report the results to the Office of the Secretary of Defense, the
Department of Defense Inspector General, Office of the Secretary of the
Army and Army officials, and to commanders so they may discharge their
responsibilities under the Inspector General Act of 1978 for
maintaining discipline, law, and order.
To provide detailed information necessary for the Secretary of
Defense and Secretary of the Army, Army officials and commanders to
direct further investigation, effect corrective personnel or other
administrative action; to provide facts and evidence upon which to base
prosecution; to provide information to other investigative elements of
the Army, Department of Defense, other Federal. State, or local
agencies having jurisdiction over the substance of the allegations or a
related investigative interest; to provide information upon which
determinations may be made for individuals' suitability for various
personnel actions including but not limited to retention, promotion,
assignment, retirement in grade or selection for sensitive or critical
positions in the Armed Forces or Federal service.'
* * * * *
A0020-1a SAIG
System name:
Inspector General Investigation Files.
System location:
Primary location: Office of the U.S. Army Inspector General Agency,
Headquarters, Department of the Army, 1700 Army Pentagon, Washington,
DC 20310-1700.
Secondary location: Offices of Inspector General at major Army
commands, field operating agencies, installations and activities, Army-
wide. Official mailing addresses are published as an appendix to the
Army's compilation of systems of records notices.
Categories of individuals covered by the system:
Any individual, military or civilian, against whom allegations of
wrongdoing have been made related to violations of laws, rules, or
regulations or to mismanagement, gross waste of funds, or abuse of
authority, that have been reviewed or investigated.
Categories of records in the system:
Investigative case files containing investigative reports, such as,
[[Page 25309]]
preliminary inquiries and Reports of Investigation (ROIs), and
administrative documents; and computer indices. ROIs include the
authority for the inquiry/investigation, matters investigate,
narrative, summaries/excerpts of testimony given by witnesses and
appended exhibits that may include supporting documents, documentary
evidence, summaries of interviews or transcripts of verbatim testimony,
or other investigative information from Federal, State, and local
investigative agencies and departments. Administrative documents in the
files include those that guide or facilitate inquiry/investigative
activities in the cases and provide the opening, transfer, or closing
data for the cases. Computerized indices contain the names/subjects of
the inquiry/investigation, opening and closing dates, codes for the
type of allegations and their disposition, brief summaries of
allegations, case notes, locations of the inquiries/investigations and
the assigned case numbers.
Authority for maintenance of the system:
10 U.S.C. 3013, Secretary of the Army; 10 U.S.C. 3014; 10 U.S.C.
3020; 10 U.S.C. 3065(a); Inspector General Act of 1978 (Pub L. 95-452),
as amended.
Purpose(s):
To review and conduct non-criminal law enforcement inquiries/
investigations into allegations of wrongdoing by Army personnel related
to violations of laws, rules, or regulations or to mismanagement, gross
waste of funds, or abuse of authority and report the results to the
Office of the Secretary of Defense, the Department of Defense Inspector
General, Office of the Secretary of the Army and Army officials, and to
commanders so they may discharge their responsibilities under the
Inspector General Act of 1978 for maintaining discipline, law, and
order.
To provide detailed information necessary for the Secretary of
Defense and Secretary of the Army, Army officials and commanders to
direct further investigation, effect corrective personnel or other
administrative action; to provide facts and evidence upon which to base
prosecution; to provide information to other investigative elements of
the Army, Department of Defense, other Federal. State, or local
agencies having jurisdiction over the substance of the allegations or a
related investigative interest; to provide information upon which
determinations may be made for individuals' suitability for various
personnel actions including but not limited to retention, promotion,
assignment, retirement in grade or selection for sensitive or critical
positions in the Armed Forces or Federal service.
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:
The `Blanket Routine Uses' set forth at the beginning of the Army'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:
Paper records in file folders; electronic storage media; CD-ROM.
Retrievability:
By individual's full name and/or other descriptive information
cross-referenced to the case number.
Safeguards:
Access is limited to authorized individuals having need for the
records in the performance of their official duties. Paper files and
CD-ROMs are stored in containers with locks, located in a locked room,
in a secured building with controlled access. Computer indices are
secured in locked rooms with limited/controlled access. Access to
computerized information is controlled by a system of assigned
passwords and available only to personnel responsible for system
operation and maintenance.
Retention and disposal:
Office of The Inspector General primary location of inquiry/
investigative case files that contain allegations, that attract high
public and/or Congressional Committee or Sub-Committee interest, or
that are deemed to be historical significance by the Inspector General,
are retained for 30 years, except that they may be offered to the
National Archives after 25 years. Paper files are transferred to a
Federal Records Center 2 years after completion of the inquiries/
investigations and destroyed by burning upon completion of the
transfer. The case files on CD-ROMs are erased by media being
physically destroyed, unless retained permanently by the National
Archives. Paper files of closed inquiry/investigative cases held by the
secondary location Offices of The Inspector General are retained for up
to 3 years, at the conclusion of which they are forwarded to the Office
of The Inspector General system manager for optical scanning and
retention as stated above.
System manager(s) and address:
Chief, Investigations Division, Office of the Inspector General,
Headquarters, Department of the Army, 1700 Army Pentagon, Washington,
DC 20310-1700.
Notification procedure:
Individuals seeking to determine if information about themselves is
contained in this system should address written inquiries to the Office
of the Inspector General, Headquarters, Department of the Army, ATTN:
Records Release Office, 1700 Army Pentagon, Washington, DC 20310-1700.
Individual should provide the full name, home address, telephone
numbers and Army unit or activity to which assigned at the time of any
Army Inspector General investigation, and a fee statement. Requests
submitted on behalf of other persons must include their written,
notarized or certified authorization.
Record access procedures:
Individuals seeking to determine if information about themselves is
contained in this system should address written inquiries to the Office
of the Inspector General, Headquarters, Department of the Army, ATTN:
Records Release Office, 1700 Army Pentagon, Washington, DC 20310-1700.
Individual should provide the full name, home address, telephone
numbers and Army unit or activity to which assigned at the time of any
Army Inspector General investigation, and a fee statement. Requests
submitted on behalf of other persons must include their written,
notarized or certified authorization.
Contesting record procedures:
The Army's rules for accessing records, and for contesting contents
and appealing initial agency determinations are contained in Army
Regulation 340-21; 32 CFR part 505; or may be obtained from the system
manager.
Record source categories:
From the individual, Army records and reports, and other sources
providing or containing pertinent information.
Exemptions claimed for the system:
Investigatory material compiled for law enforcement purposes may be
exempt pursuant to 5 U.S.C. 552a(k)(2). However, if an individual is
denied any
[[Page 25310]]
right, privilege, or benefit for which he would otherwise be entitled
by Federal law or for which he would otherwise be eligible, as a result
of the maintenance of such information, the individual will be provided
access to such information except to the extent that disclosure would
reveal the identity of a confidential source.
Investigatory material compiled solely for the purpose of
determining suitability, eligibility, or qualifications for federal
civilian employment, military service, federal contracts, or access to
classified information may be exempt pursuant to 5 U.S.C. 552a(k)(5),
but only to the extent that such material would reveal the identity of
a confidential source.
An exemption rule for this system has been promulgated in
accordance with requirements of 5 U.S.C. 553(b)(1), (2), and (3), (c)
and (e) published in 32 CFR part 505. For additional information
contact the system manager.
[FR Doc. 99-11741 Filed 5-10-99; 8:45 am]
BILLING CODE 5001-10-F
