[Federal Register: June 4, 2002 (Volume 67, Number 107)]
[Notices]               
[Page 38487-38488]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04jn02-52]                         


[[Page 38487]]

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DEPARTMENT OF DEFENSE

Department of the Air Force

 
Privacy Act of 1974; System of Records

AGENCY: Department of the Air Force, DoD.

ACTION: Notice to Add a System of Records.

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SUMMARY: The Department of the Air Force is proposing to add an exempt 
system of records to its existing inventory of record systems subject 
to the Privacy Act of 1974, (5 U.S.C. 552a), as amended. The (k)(2) 
exemption is intended to increase the value of the system of records 
for law enforcement purposes.

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: Send comments to the Air Force Privacy Act Manager, AF-CIO/
P, 1155 Air Force Pentagon, Washington, DC 20330-1155.

FOR FURTHER INFORMATION CONTACT: Mrs. Anne Rollins at (703) 601-4043 or 
DSN 329-4043.

SUPPLEMENTARY INFORMATION: The Department of the Air Force 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 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.
F051 AF JA I

System name:
    Commander Directed Inquiries.

System location:
    Commander Directed Inquiries are maintained at the installation 
where the Commander's office is located.
    Information copies of a report are kept at the individual's 
organization and at other organizations which have an interest in a 
particular incident or problem involving that individual that is 
addressed in the report. Official Air Force mailing addresses are 
published as an appendix to the Air Force's compilation of record 
systems notices.

Categories of individuals covered by the system:
    All persons who are subjects of reviews, inquiries, or 
investigations conducted under the inherent authority of a commander or 
director. All persons who are subjects of administrative command 
actions for which another system of records is not applicable.

Categories of records in the system:
    Commander-directed investigations; 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; documentation of command 
action.

Authority for maintenance of the system:
    10 U.S.C. 8013, Secretary of the Air Force; 10 U.S.C. 164, 
Commanders of Combatant Commands; Air Force Instruction 51-604, 
Appointment to and Assumption of Command; Inherent authority of 
commanders to investigate matters or incidents under their jurisdiction 
or command.

Purpose(s):
    Used to ensure just, thorough, and timely resolution and response 
to complaints, allegations, or queries, and as a means of improving 
morale, welfare, good order, discipline, and efficiency of 
organizations, units, and personnel.
    Portions of the inquiries or investigations may be used in 
evaluating an individual's overall performance and may be included in 
their military personnel records.
    Documents received or prepared in anticipation of litigation are 
used by attorneys for the government to prepare for trials and 
hearings; to analyze evidence; to prepare for examination of witnesses; 
to prepare for argument before courts, magistrates, and investigating 
officers; and to advise commanders.

Routine uses of records maintained in the system, including categories 
of users and the purpose 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:
    To governmental boards or agencies or health care professional 
societies or organizations if such record or document is needed to 
perform licensing or professional standards monitoring related to 
credentialed health care practitioners or licensed non-credentialed 
health care personnel who are or were members of the United States Air 
Force, and to medical institutions or organizations wherein such member 
has applied for or been granted authority or employment to provide 
health care services if such record or document is needed to assess the 
professional qualifications of such member.
    To certifying and licensing bodies for professional certifications 
and accreditations not related to health care.
    The DoD ``Blanket Routine Uses'' set forth at the beginning of the 
Air Force'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:
    Maintained in file folders, in computers, and on computer output 
and storage products.

Retrievability:
    Retrieved by subject's name and Social Security Number.

Safeguards:
    Records are accessed by person(s) responsible for servicing the 
record system in performance of their official duties and by authorized 
personnel who are properly screened and cleared based upon a need to 
know. Records are stored in locked rooms and cabinets. Those in 
computer storage devices are protected by computer system software.

Retention and disposal:
    Disposition pending (no records will be destroyed until authorized 
by the

[[Page 38488]]

National Archives and Records Administration).

System manager(s) and address:
    The Commander who initiated an investigation or that Commander's 
successor in command, at that Commander's installation office. Official 
Air Force mailing addresses are published as an appendix to the Air 
Force's compilation of record systems notices.

Notification procedure:
    Individuals seeking to determine whether this system of records 
contains information about themselves should address written inquiries 
to the Commander who initiated the investigation, or that Commander's 
successor, at the Commander's installation office.
    Individual should provide their full name, mailing address, and 
Social Security Number.

Record access procedures:
    Individuals seeking to access records about themselves contained in 
this system should address request to the Commander who initiated the 
investigation, or that Commander's successor in command, at the 
Commander's installation office.
    Individual should provide their full name, mailing address, and 
Social Security Number.

Contesting record procedures:
    The Air Force rules for accessing records, and for contesting 
contents and appealing initial agency determinations are published in 
Air Force Instruction 37-132; 32 CFR part 806b; or may be obtained from 
the system manager.

Record source categories:
    Complainants, subjects, investigations, witnesses, official 
records, third parties, and Members of Congress. Information from 
almost any source can be included if it is relevant and material to the 
investigation, inquiry, or subsequent command action.

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 identify 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.
    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 806b. For additional information 
contact the system manager.

[FR Doc. 02-13899 Filed 6-3-02; 8:45 am]
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