[Federal Register Volume 85, Number 127 (Wednesday, July 1, 2020)]
[Notices]
[Pages 39540-39542]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-14222]
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DEPARTMENT OF DEFENSE
Office of the Secretary
[Docket ID: DoD-2020-OS-0063]
Privacy Act of 1974; System of Records
AGENCY: Office of the Secretary of Defense (OSD), Department of Defense
(DoD).
ACTION: Notice of a modified System of Records.
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SUMMARY: The DoD Office of Inspector General (OIG) is modifying a
System of Records Notice (SORN), Case Control System--Investigative,
CIG-26. This System of Records is used by the Office of Professional
Responsibility (OPR), an office assigned within the DoD OIG. Pursuant
to the Inspector General Act of 1978, as amended, OPR is tasked with
investigating administrative or criminal misconduct alleged against DoD
OIG employees and military personnel assigned to the DoD OIG. This
modification revises blanket routine uses, exemptions, and record
source categories. Additional updates include modifications to: System
location, security classification, authorities, categories of
individuals covered, categories of records, purpose, routine uses,
storage, retrieval, safeguards, retention and disposal, system
manager(s), notification procedures, record access procedures, and
contesting record procedures.
DATES: This System of Records modification is effective upon
publication; however, comments on the Routine Uses will be accepted on
or before July 31, 2020. The Routine Uses are effective at the close of
the comment period.
ADDRESSES: You may submit comments, identified by docket number and
title, by the following methods:
* Federal Rulemaking Portal: https://www.regulations.gov.Follow the
instructions for submitting comments.
* Mail: DoD cannot receive written comments at this time due to the
COVID-19 pandemic. Comments should be sent electronically to the docket
listed above.
FOR FURTHER INFORMATION CONTACT: Anna M. Rivera, DoD OIG FOIA, Privacy
and Civil Liberties Office, ATTN: Privacy Act Officer, Suite 10B24,
4800 Mark Center Drive, Alexandria, VA 22350-1500, (703) 699-5680.
SUPPLEMENTARY INFORMATION: The DoD OIG is statutorily authorized to
conduct and supervise investigations relating to the programs and
operations of the DoD; 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. The records covered by this SORN are used to document the
Office of Professional Responsibility's investigations of
administrative or criminal misconduct alleged against DoD OIG employees
and military personnel assigned to the DoD OIG. The system enables case
management, case tracking, and information storage of records. The
system also provides users with the capability to record complaints,
allegations of wrongdoing, and requests for assistance. Additionally,
the system compiles statistical information on the data stored,
provides responsive and accurate information regarding the status of
ongoing cases, and provides a record of complaint disposition, actions
taken, and notifications to interested parties.
The OSD notices for Systems of Records subject to the Privacy Act
of 1974, as amended, have been published in the Federal Register and
are available from the address in FOR FURTHER INFORMATION CONTACT or at
the Defense Privacy, Civil Liberties, and Transparency Division website
at https://dpcld.defense.gov.
The proposed system reports, as required by the Privacy Act, as
amended, were submitted on June 16, 2020, to the House Committee on
Oversight and Reform, the Senate Committee on Homeland Security and
Governmental Affairs, and the Office of Management and Budget (OMB)
pursuant to Section 6 of OMB Circular No. A-108, ``Federal Agency
Responsibilities for Review, Reporting, and Publication under the
Privacy Act,'' revised December 23, 2016 (December 23, 2016, 81 FR
94424).
Dated: June 25, 2020.
Aaron T. Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
SYSTEM NAME AND NUMBER:
Case Control System--Investigative, CIG-26.
SECURITY CLASSIFICATION:
Classified and Unclassified.
SYSTEM LOCATION:
DoD Office of Inspector General (OIG), Office of Professional
Responsibility (OPR), 4800 Mark Center Drive, Alexandria, VA 22350-
1500.
SYSTEM MANAGER(S):
DoD OIG, OPR, 4800 Mark Center Drive, Alexandria, VA 22350-1500.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Inspector General Act of 1978, as amended; Inspector General Reform
Act of 2008; Inspector General Empowerment Act of 2016; 10 U.S.C. 113,
Secretary of Defense; 10 U.S.C. 141, Inspector General; and DoD
Directive 5106.01, Inspector General of the Department of Defense, and
Executive Order (E.O.) 9397 (SSN), as amended.
PURPOSE(S) OF THE SYSTEM:
The DoD OIG maintains this System of Records, on behalf of the
Office of Professional Responsibility (OPR), in order to carry out its
responsibilities pursuant to the Inspector General Act of 1978, as
amended. The DoD OIG is statutorily authorized to conduct and supervise
investigations relating to the programs and operations of the DoD, 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. Specifically, the OPR is
responsible for investigating administrative and criminal misconduct
alleged against DoD OIG employees and military personnel assigned to
the DoD OIG. The records in this system are used in the course of such
investigations.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
DoD OIG employees, military personnel, and contractors involved in,
mentioned in, and/or subject to OPR investigations or complaints;
including any complainants, sources, subjects, and witnesses.
CATEGORIES OF RECORDS IN THE SYSTEM:
Individual's full name, DoD Identification Number, SSN, date of
birth, email addresses, duty positions, telephone numbers, case control
[[Page 39541]]
number, and other personal information related to investigations and
inquiries.
RECORD SOURCE CATEGORIES:
The individual, DoD OIG investigators, witness statements, DoD
records, and law enforcement agencies' records.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND PURPOSES OF SUCH USES:
In addition to those disclosures generally permitted under 5 U.S.C.
552a(b) of the Privacy Act of 1974, as amended, the records contained
therein may specifically be disclosed outside the DoD as a routine use
pursuant to 5 U.S.C. 552a(b)(3) as follows:
a. 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 when
necessary to accomplish an agency function related to this System of
Records.
b. To appropriate Federal, State, local, territorial, tribal,
foreign or international 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 for the purpose of
executing or enforcing laws designed to protect the national security
or homeland security of the United States, to include activities
authorized by 6 U.S.C. 485(a)(5), Domestic Security; 6 U.S.C. 482,
Facilitating Homeland Security; Intelligence Reform and Terrorism
Protection Act of 2004; and E.O. 13388, Further Strengthening the
Sharing of Terrorism Information to Protect Americans.
c. To other Federal Inspector General offices, the Council of the
Inspectors General on Integrity and Efficiency (CIGIE), and/or other
law enforcement agencies for the purpose of coordinating and conducting
administrative inquiries and civil and criminal investigations, or when
responding to such offices, CIGIE, and agencies in connection with the
investigation of potential violations of law, rule, and/or regulation.
d. To the Department of Justice (DOJ) and other Federal, State, or
local government prosecuting or litigating agencies for the purpose of
satisfying obligations under Giglio (405 U.S. 150 (1972)) and Henthorn
(931 F.2d 29 (9th Cir. 1991)), as well as the DOJ United States
Attorneys' Manual, Section 9-5.100 and DoD Inspector General
Instruction 5500.1, DOJ Requirements for Potential Impeachment
Information (Giglio Policy).
e. To designated officers, contractors, and employees of Federal,
State, local, territorial, tribal, international, or foreign agencies
for the purpose of the hiring or retention of an individual, the
conduct of a suitability or security investigation, the letting of a
contract, or the issuance of a license, grant or other benefit, to the
extent that the information is relevant and necessary to the agency's
decision on the matter and that the employer is appropriately informed
about information that relates to or may impact an individual's
suitability or eligibility.
f. To the news media and the public 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.
g. To complainants and/or victims to the extent necessary to
provide such persons with information and explanations concerning the
progress and/or results of an investigation or case arising from the
matters of which they complained and/or which they were a victim.
h. To OPM for the purpose of addressing civilian pay and leave,
benefits, retirement deduction, and any other information necessary for
OPM to carry out its legally authorized government-wide personnel
management functions and studies.
i. To the appropriate Federal, State, local, territorial, tribal,
foreign, or international law enforcement authority or other
appropriate entity where a record, either alone or in conjunction with
other information, indicates a violation or potential violation of law,
whether criminal, civil, or regulatory in nature.
j. To any component of the Department of Justice for the purpose of
representing the DoD, or its components, officers, employees, or
members in pending or potential litigation to which the record is
pertinent.
k. In an appropriate proceeding before a court, grand jury, or
administrative or adjudicative body or official, when the DoD or other
Agency representing the DoD determines that the records are relevant
and necessary 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.
l. To the National Archives and Records Administration for the
purpose of records management inspections conducted under authority of
44 U.S.C. 2904 and 2906.
m. 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.
n. To appropriate agencies, entities, and persons when (1) the DoD
suspects or confirms a breach of the System of Records; (2) the DoD
determines as a result of the suspected or confirmed breach there is a
risk of harm to individuals, the DoD (including its information
systems, programs, and operations), the Federal Government, or national
security; and (3) the disclosure made to such agencies, entities, and
persons is reasonably necessary to assist in connection with the DoD's
efforts to respond to the suspected or confirmed breach or to prevent,
minimize, or remedy such harm.
o. To another Federal agency or Federal entity, when the DoD
determines information from this System of Records is reasonably
necessary to assist the recipient agency or entity in (1) responding to
a suspected or confirmed breach or (2) preventing, minimizing, or
remedying the risk of harm to individuals, the recipient agency or
entity (including its information systems, programs and operations),
the Federal Government, or national security, resulting from a
suspected or confirmed breach.
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
Paper records and electronic storage media.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Records are retrieved by individual's name or case control number.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
Unfounded or unsubstantiated investigative files are destroyed 10
years from the date the report is completed. Substantiated
investigative files are destroyed 10 years from the date the report is
completed or 5 years after termination of employee, whichever is later.
Reports are dated when completed and once a final determination has
been made.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
The database access is restricted to authorized Office of
Professional Responsibility staff with an authenticated need to know
who are properly screened, cleared, and trained. The database is
safeguarded by role-
[[Page 39542]]
based common access card permissions and an associated personal
identification number, encryption, and system firewalls. Paper records
are stored in a controlled facility with limited suite access protected
by cipher lock and physical security to monitor areas and personnel
access.
RECORD ACCESS PROCEDURES:
As specified in the exemptions claimed for this system, the records
in this system are exempt from certain notification, access, and
amendment procedures. A request for access to non-exempt records shall
address written inquiries to the DoD OIG FOIA, Privacy and Civil
Liberties Office, ATTN: Privacy Act Officer, Suite 10B24, 4800 Mark
Center Drive, Alexandria, VA 22350-1500. For verification purposes,
individuals must provide their full name and any details which may
assist in locating records of the individual. The request must be
signed by the requesting individual and they must provide a notarized
statement or a signed declaration made in accordance with 28 U.S.C.
1746, in the following format:
If executed outside the United States: ``I declare (or certify,
verify, or state) under penalty of perjury under the laws of the United
States of America that the foregoing is true and correct. Executed on
(date). (Signature).''
If executed within the United States, its territories, possessions,
or commonwealths: ``I declare (or certify, verify, or state) under
penalty of perjury that the foregoing is true and correct. Executed on
(date). (Signature).''
CONTESTING RECORD PROCEDURES:
The DoD rules for accessing records, for contesting contents and
appealing initial agency determinations are published in 32 CFR part
310, or may be obtained from the system manager.
NOTIFICATION PROCEDURES:
As specified in the exemptions claimed for this system, the records
in this system are exempt from certain notification, access, and
amendment procedures. Individuals seeking to learn whether this system
contains nonexempt information about them should address written
inquiries to the DoD OIG FOIA, Privacy and Civil Liberties Office,
ATTN: Privacy Act Officer, Suite 10B24, 4800 Mark Center Drive,
Alexandria, VA 22350-1500. For verification purposes, individuals must
provide their full name and any details which may assist in locating
records of the individual. The request must be signed by the requesting
individual and they must provide a notarized statement or a signed
declaration made in accordance with 28 U.S.C. 1746, in the following
format:
If executed outside the United States: ``I declare (or certify,
verify, or state) under penalty of perjury under the laws of the United
States of America that the foregoing is true and correct. Executed on
(date). (Signature).''
If executed within the United States, its territories, possessions,
or commonwealths: ``I declare (or certify, verify, or state) under
penalty of perjury that the foregoing is true and correct. Executed on
(date). (Signature).''
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
The DoD exempted records maintained in the CIG-26, from subsections
(c)(3), (c)(4), (d), (e)(1), (e)(2), (e)(3), (e)(4)(G) through (I),
(e)(5), (e)(8), and (g) of the Privacy Act pursuant to 5 U.S.C. 552a
552a(j)(2) as records maintained by an agency or component thereof that
performs as its principal function any activity pertaining to the
enforcement of criminal laws. The DoD also exempted records maintained
in the CIG-26, from subsections (c)(3), (d), (e)(1), and (e)(4)(G)
through (I), of the Privacy Act pursuant to 5 U.S.C. 552a 552a(k)(1)
and (k)(2) to the extent that such records are properly classified
pursuant to an executive order and are investigatory material compiled
for law enforcement purposes, other than material within the scope of
subsection (j)(2).
This system may contain records or information compiled from or
created from information contained in other Systems of Records, which
may be exempt from certain provisions of the Privacy Act. To the extent
that copies of exempt records from those `other' System of Records are
entered into this System of Records, the DoD claims the same exemptions
for the records from those `other' systems that are entered into this
system, as claimed for the original primary system of which they are a
part. Any exemption claimed from the originating agency will follow the
record. A determination as to exemption shall be made at the time a
request for access or amendment is received.
Parts of this system may be exempt pursuant to 5 U.S.C. 552a (k)(2)
as applicable. However, if an individual is denied any 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.
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 310.28.
HISTORY:
August 9, 2011, 76 FR 48812.
[FR Doc. 2020-14222 Filed 6-30-20; 8:45 am]
BILLING CODE 5001-06-P