[Federal Register: June 4, 2002 (Volume 67, Number 107)]
[Notices]               
[Page 38479-38481]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04jn02-49]                         

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DEPARTMENT OF DEFENSE

National Imagery and Mapping Agency

 
Privacy Act of 1974; System of Records

AGENCY: National Imagery and Mapping Agency, DoD.

ACTION: Notice to delete and alter a system of records.

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SUMMARY: The National Imagery and Mapping Agency (NIMA) is deleting one 
notice and altering another 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.
    The alteration consolidates two existing NIMA systems of records 
into one system (B0210-07, entitled ``Inspector General Investigative 
and Complaint Files'') and proposes to exempt B0210-07 by adding a 
(k)(2) and (k)(5) exemption. The exemptions will increase the value of 
the system of records for law enforcement purposes, and will protect 
the privacy of individuals identified in the system of records.

DATES: This proposed action will be effective without further notice on 
July 5, 2002 unless comments are received which result in a contrary 
determination.

ADDRESSES: Comments should be sent to the National Imagery and Mapping 
Agency, Office of General Counsel, 4600 Sangamore Avenue, Bethesda, MD 
20816-5003.

FOR FURTHER INFORMATION CONTACT: Ms. Christine May on (301) 227-4142.

SUPPLEMENTARY INFORMATION: The National Imagery and Mapping Agency 
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.

[[Page 38480]]

    The proposed system reports, as required by 5 U.S.C. 552a(r) of the 
Privacy Act of 1974, as amended, was submitted on May 23, 2002, to the 
House Committee on Government Reform, the Senate Committee on 
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 29, 2002.
Patricia L. Toppings,
Alternate OSD Federal Register Liaison Officer, Department of Defense.

Deletion

B0210-06

System name:
    Inspector General Investigative Files (February 22, 1993, 58 FR 
10189).
    Reason: These records have been consolidated into the NIMA system 
of records B0210-07, entitled ``Inspector General Investigative and 
Complaint Files''.

Alteration

B0210-07

SYSTEM NAME:
    Inspector General Complaint Files (February 22, 1993, 58 FR 10189).

Changes:
* * * * *

SYSTEM NAME:
    Delete entry and replace with `Inspector General Investigative and 
Complaint Files'.
* * * * *

Categories of individuals covered by the system:
    Delete entry and replace with `Any individual who has registered a 
complaint, allegation or query with the NIMA Inspector General (IG) or 
is the subject of a NIMA IG investigation.'

Categories of records in the system:
    Delete entry and replace with `Investigative/complaint files, 
inquiries or investigative reports pertaining to complaints, 
allegations of fraud, waste, abuse, mismanagement, malfeasance, or 
reprisal as procedures pertaining to NIMA personnel, procedures, 
policies or programs. Files may contain Reports of Investigation, sworn 
testimony, letters, memorandums and working papers regarding developed 
or obtained as a result of investigation or complaint wherein someone 
has made allegations of violations involving fraud, waste, abuse, 
mismanagement, reprisal, denial of due process pertaining to NIMA 
personnel, programs, policies and/or procedures developed or obtained 
as a result of the investigation or complaint.
    Letters/transcriptions of complaints, allegations and queries; 
letters of appointment; reports of reviews, inquiries and 
investigations with supporting attachments, exhibits and photographs; 
record of interviews; witness statements; reports of legal review of 
case files, congressional responses; memoranda; letters and reports of 
findings and actions taken; letters to complainants and subjects of 
investigations; letters of rebuttal from subjects of investigations; 
finance; personnel; administration; adverse information, and technical 
reports.'

Purpose(s):
    Delete entry and replace with `To analyze and evaluate the 
effectiveness and efficiency of NIMA policies, programs, procedures, 
activities and operations; to detect and prevent fraud, waste and 
abuse; to resolve complaints and inquiries; to initiate proper 
corrective action if the allegation is proven to be true in fact; to be 
used as basis for corrective actions.'
* * * * *

Retrievability:
    Delete entry and replace with `By individual's last name and Social 
Security Number.'
* * * * *

Retention and disposal:
    Delete entry and replace with `Disposition pending (until NARA has 
approved the retention and disposition schedule for these records, 
treat as permanent).'
* * * * *

Exemptions claimed for the system:
    Delete entry and replace with `Investigatory material compiled for 
law enforcement purposes, other than material within the scope of 
subsection 5 U.S.C. 552a(j)(2), 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 the information, the individual will be provided access 
to the information exempt to the extent that disclosure would reveal 
the identity of a confidential source. NOTE: When claimed, this 
exemption allows limited protection of investigative reports maintained 
in a system of records used in personnel or administrative actions.
    Investigative 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 320. For additional information 
contact the system manager.'
* * * * *
B0210-07

System name:
    Inspector General Investigative and Complaint Files.

System location:
    National Imagery and Mapping Agency, Office of the Inspector 
General, 4600 Sangamore Road, IG (D-34), Bethesda, MD 20816-5003.

Categories of individuals covered by the system:
    Any individual who has registered a complaint, allegation or query 
with the NIMA Inspector General (IG) or is the subject of a NIMA IG 
investigation.

Categories of records in the system:
    Investigative/complaint files, inquiries or investigative reports 
pertaining to complaints, allegations of fraud, waste, abuse, 
mismanagement, malfeasance, or reprisal as procedures pertaining to 
NIMA personnel, procedures, policies or programs. Files may contain 
Reports of Investigation, sworn testimony, letters, memorandums and 
working papers regarding developed or obtained as a result of 
investigation or complaint wherein someone has made allegations of 
violations involving fraud, waste, abuse, mismanagement, reprisal, 
denial of due process pertaining to NIMA personnel, programs, policies 
and/or procedures developed or obtained as a result of the 
investigation or complaint.
    Letters/transcriptions of complaints, allegations and queries; 
letters of appointment; reports of reviews, inquiries and 
investigations with supporting attachments, exhibits and photographs; 
record of interviews; witness statements; reports of legal review of 
case files, congressional responses; memoranda; letters and reports of 
findings and actions taken; letters to complainants and subjects of

[[Page 38481]]

investigations; letters of rebuttal from subjects of investigations; 
finance; personnel; administration; adverse information, and technical 
reports.

Authority for maintenance of the system:
    5 U.S.C. 301, Departmental Regulations; DoD Directive 5105.60, 
National Imagery and Mapping Agency; NIMA Policy Directive 7400.1R1, 
Oversight and Assessment; NIMA Instruction 7410.8R1, Inspector General 
Investigations and Complaints; and E.O. 9397 (SSN).

Purpose(s):
    To analyze and evaluate the effectiveness and efficiency of NIMA 
policies, programs, procedures, activities and operations; to detect 
and prevent fraud, waste and abuse; to resolve complaints and 
inquiries; to initiate proper corrective action if the allegation is 
proven to be true in fact; to be used as basis for corrective actions.

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 DoD `Blanket Routine Uses' set forth at the beginning of DMA'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 and on electronic media.

Retrievability:
    By individual's last name and Social Security Number.

Safeguards:
    Paper records are stored in file folders and secured in cabinets 
located in the Inspector General records vault. The electronic files 
are maintained on a secure server. Access is limited to the Inspector 
General and investigative staff assigned to the Inspector General's 
office, requiring restricted user name and password access.

Retention and disposal:
    Disposition pending (until NARA has approved the retention and 
disposition schedule for these records, treat as permanent).

System manager(s) and address:
    Assistant Inspector General, Policy, Oversight and Investigations, 
National Imagery and Mapping Agency, Office of Inspector General, 4600 
Sangamore Road, IG (D-34), Bethesda, MD 20816-5003.

Notification procedure:
    Individuals seeking to determine whether information about 
themselves contained in this system of records should address written 
inquiries to National Imagery and Mapping Agency, Office of General 
Counsel, 4600 Sangamore Road, Mailstop D-10, Bethesda, MD 20816-5003.
    Written requests for information should contain the full name of 
the individual, Social Security Number, current address and home 
telephone number, office code (if available), and investigative case 
file number (if known).

Record access procedures:
    Individuals seeking access to information about themselves 
contained in this system of records should address written inquiries to 
National Imagery and Mapping Agency, Office of General Counsel, 4600 
Sangamore Road, Mailstop D-10, Bethesda, MD 20816-5003.
    Written requests for information should contain the full name of 
the individual, Social Security Number, current address and home 
telephone number, office code (if available), and investigative case 
file number (if known).

Contesting record procedures:
    NIMA's rules for accessing records and for contesting contents and 
appealing initial agency determinations are published in NIMA 
Instruction 5500.7R1; 32 CFR part 320; or may be obtained from the 
system manager.

Record source categories:
    Source of Inspector General Investigation and Complaint files are 
letters, memorandums or documents received by NIMA Inspector General 
staff from military, civilian, or other sources.

Exemptions claimed for the system:
    Investigatory material compiled for law enforcement purposes, other 
than material within the scope of subsection 5 U.S.C. 552a(j)(2), 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 the information, the individual will be 
provided access to the information exempt to the extent that disclosure 
would reveal the identity of a confidential source. Note: When claimed, 
this exemption allows limited protection of investigative reports 
maintained in a system of records used in personnel or administrative 
actions.
    Investigative 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 320. For additional information 
contact the system manager.

[FR Doc. 02-13897 Filed 6-3-02; 8:45 am]
BILLING CODE 5001-08-P