[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