DIA Proposes Altering Investigations and Complaints System of Records

Content

ACTION:

Notice to alter a system of records.

SUMMARY:

The Defense Intelligence Agency is proposing to alter a system of records in its existing inventory of records systems subject
to the Privacy Act of 1974 (5 U.S.C. 552a), as amended.

DATES:

The proposed action will be effective on May 12, 2008 unless comments are received that would result in a contrary determination.

ADDRESSES:

Freedom of Information Office, Defense Intelligence Agency (DAN-1A), 200 MacDill Blvd., Washington, DC 20340-5100.

FOR FURTHER INFORMATION CONTACT:

Ms. Theresa Lowery at (202) 231-1193.

SUPPLEMENTARY INFORMATION:

The Defense Intelligence Agency system 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 proposed system report, as required by 5 U.S.C. 552a(r) of the Privacy Act of 1974, as amended, was submitted on March
28, 2008, to the House Committee on Oversight and 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: April 4, 2008. L.M. Bynum, Alternate OSD Federal Register Liaison Officer, Department of Defense.

LDIA 0271

System name:

Investigations and Complaints (July 19, 2006, 71 FR 41006).

Changes:

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Authority for maintenance of the system:

Delete entry and replace with “5 U.S.C. 301, Departmental Regulations; Pub. L. 95-452, the Inspector General

  Act of 1978; DoD Instruction 5106.3, Inspector General, DoD Inspection Program; DIA Directive 5100.200, Office of the Inspector
  General Policies and Procedures; and EO 9397 (SSN).”

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Contesting record procedures:

Delete entry and replace with “DIA's rules for accessing records, for contesting contents and appealing initial agency determinations
are published in DIA Instruction 5400.001 “Defense Intelligence Agency Privacy Act Program;” 32 CFR part 319—Defense Intelligence
Agency Privacy Program; or may be obtained from the system manager.”

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Exemptions claimed for the system:

Delete entry and replace with “Parts of this system may be exempt under 5 U.S.C. 552a(k)(1), (k)(2), (k)(5), or (k)(7), as
applicable.

Information specifically authorized to be classified under E.O. 12958, as implemented by DoD 5200.1-R, may be exempt pursuant
to 5 U.S.C. 552a(k)(1).

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 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.

Evaluation material used to determine potential for promotion in the Military Services may be exempt pursuant to 5 U.S.C.
552a(k)(7), but only to the extent that the disclosure of such material would reveal the identity of a confidential source.

An exemption rule for this exemption has been promulgated in accordance with requirements of 5 U.S.C. 553(b)(1), (2), and
(3), (c) and (e) and published in 32 CFR part 505. For additional information contact the system manager.”

---

LDIA 0271

System name:

Investigations and Complaints.

System location:

Defense Intelligence Agency, Washington, DC 20340-5100.

Categories of individuals covered by the system:

Current and former civilian and military personnel who filed a complaint acted upon by the Inspector General, DIA, or who
were the subject of an Inspector General, DIA, investigation or inquiry.

Categories of records in the system:

Individual's name, address, Social Security (SSN), and to include documents relating to the organization, planning and execution
of internal/external investigations and records created because of investigations conducted by the Office of the Inspector
General, including reports of investigations, records of action taken and supporting papers. These files include investigations
of both organizational elements and individuals.

Authority for maintenance of the system:

5 U.S.C. 301, Departmental Regulations; Pub. L. 95-452, the Inspector General Act of 1978; DoD Instruction 5106.3, Inspector
General, DoD Inspection Program; DIA Directive 5100.200, Office of the Inspector General Policies and Procedures; and EO 9397
(SSN).

Purpose(s):

Information is collected to determine the facts and circumstances surrounding a complaint filed with the office of the Inspector
General by a Defense Intelligence Agency employee or to determine the facts and circumstances of matters under Inspector General
inquiry of investigation. Information collected by the Inspector General is for providing the Director, DIA, with a sound
basis for just and intelligence action. Records are used as a basis for recommending actions to the Command Element and other
DIA elements. Depending upon the nature of the information it may be passed to appropriate elements within the DoD, the Department
of State, Department of Justice, Central Intelligence Agency and to other appropriate Government agencies.

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 DIA's compilation of systems of records notices 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 and electronic storage media.

Retrievability:

Filed by subject matter and case number.

Safeguards:

Records are maintained in a building protected by security guards and are stored in vaults, safes or locked cabinets and are
accessible only to authorized personnel who are properly screened, cleared and trained in the protection of privacy information.
Electronic records are maintained on a classified and password protected system.

Retention and disposal:

Records are held in current files for 5 years after completion and adjudication of all actions and retired to the Washington
National Records Center. Investigations will be offered to the National Archives and complaints destroyed when 20 years old.

System manager(s) and address:

Director, Inspector General's Office, Defense Intelligence Agency, Washington, DC 20340-5100.

Notification procedure:

Individuals seeking to determine whether information about themselves is contained in this system of records should address
written inquiries to the Freedom of Information Act Office (DAN-1A/FOIA), Defense Intelligence Agency, 200 MacDill Blvd.,
Washington, DC 20340-5100.

Individual should provide their full name, current address, telephone number and Social Security Number (SSN).

Record access procedures:

Individuals seeking access to information about themselves contained in this system should address written inquiries to the
Freedom of Information Act Office (DAN-1A/FOIA), Defense Intelligence Agency, 200 MacDill Blvd., Washington, DC 20340-5100.

Individual should provide their full name, current address, telephone

  number and Social Security Number (SSN).

Contesting record procedures:

DIA's rules for accessing records, for contesting contents and appealing initial agency determinations are published in DIA
Instruction 5400.001 “Defense Intelligence Agency Privacy Act Program;” 32 CFR part 319—Defense Intelligence Agency Privacy
Program; or may be obtained from the system manager.

Record source categories:

Personal interviews, personal history statements, abstracts or copies of pertinent medical records, abstracts from personnel
records, results of tests, physician's notes, observations from employee's behavior, related notes, papers from counselors
and/or clinical directors.

Exemptions claimed for the system:

Parts of this system may be exempt under 5 U.S.C. 552a(k)(1), (k)(2), (k)(5), or (k)(7), as applicable.

Information specifically authorized to be classified under E.O. 12958, as implemented by DoD 5200.1-R, may be exempt pursuant
to 5 U.S.C. 552a(k)(1).

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 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.

Evaluation material used to determine potential for promotion in the Military Services may be exempt pursuant to 5 U.S.C.
552a(k)(7), but only to the extent that the disclosure of such material would reveal the identity of a confidential source.

An exemption rule for this exemption has been promulgated in accordance with requirements of 5 U.S.C. 553(b)(1), (2), and
(3), (c) and (e) and published in 32 CFR part 505. For additional information contact the system manager.

[FR Doc. E8-7610 Filed 4-9-08; 8:45 am] BILLING CODE 5001-06-P

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