[Federal Register Volume 59, Number 176 (Tuesday, September 13, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-22589]


[[Page Unknown]]

[Federal Register: September 13, 1994]


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CENTRAL INTELLIGENCE AGENCY

 

Privacy Act of 1974: Amendment of CIA System of Records (CIA-72) 
and Elimination of CIA System of Records (CIA-15)

AGENCY: Central Intelligence Agency.

ACTION: Notice of amended and eliminated system of records subject to 
the Privacy Act.

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SUMMARY: The Central Intelligence Agency is providing notice of the 
amendment of a system of records and the elimination of a system of 
records in its current inventory of records systems subject to the 
Privacy Act of 1974, as amended (5 U.S.C. 552a).

EFFECTIVE DATE: This action is effective October 13, 1994, unless 
comments are received which would result in a contrary determination.

FOR FURTHER INFORMATION CONTACT: John H. Wright, Information and 
Privacy Coordinator, Central Intelligence Agency, Washington, D.C. 
20505, telephone: (703) 351-2083.

SUPPLEMENTARY INFORMATION: The record system, identified as CIA-72, is 
to be entitled: Inspector General Investigative Records. CIA-72 has 
been updated and expanded to include appropriate portions of a system 
of records entitled ``Employee Grievance Files'' (CIA-15), which is 
hereby being eliminated as a CIA record system, pursuant to the 
provisions of the Privacy Act of 1974 (5 U.S.C. 552a). Accordingly, 
CIA-15 (as initially published in the Federal Register on 28 August 
1975 and subsequently in the Federal Register Privacy Act Issuances 
Compilations, Volume IV, the latest of which was published in 1991, and 
in an upcoming 1993 compilation) is to be deleted from the listing of 
CIA Privacy Act systems of records. Because changes and additions have 
been made throughout amended CIA-72, as published in the Federal 
Register on 17 April 1992, it is being published herewith in its 
entirety.

    Dated: September 8, 1994.
Frank J. Ruocco,
Deputy Director for Administration.

Structure of This Revision

    This revision affects primarily the ``ROUTINE USES OF RECORDS 
MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE 
PURPOSES OF SUCH USES:'' section of CIA-72. Minor changes are made in 
other sections. The structural outline of this system with notations as 
to which parts are changed is presented below:
    [Changed] Inspector General Investigative Records.
    [Unchanged]
    [Changed] This section now includes ``and persons who have filed 
grievances with the Office of Inspector General or Agency components.'' 
This revision incorporates records previously included in CIA-15, 
Employee Grievance Files.
    [Changed] This section includes ``prior criminal or non-criminal 
records of individuals covered by the system, and other materials 
relating to employee grievances and matters of interest to or being 
investigated by the Office of Inspector General.''
    [Changed] Additional authorities have been added to this section.
    [Changed] Paragraphs a, b, h, and i include information from the 
current version of CIA-72 as well as information previously included in 
CIA-15. Paragraphs c, d, e, f, g, j, k, and the last sentence of 
paragraph i add new material concerning additional uses of records 
maintained and purposes of such uses.
CIA-72
    Inspector General Investigative Records.
    Central Intelligence Agency, Washington, D.C. 20505.
    Agency employees, persons with a contractual or other relationship 
with the Agency, persons who are interviewed by or provide information 
to the Office of Inspector General, persons involved with or 
knowledgeable about a matter being investigated by the Office of 
Inspector General, and persons who have filed grievances with the 
Office of Inspector General or Agency components.
    Reports of interviews, signed statements, correspondence, reports 
of investigations, forms, cables, internal CIA memoranda, prior 
criminal or non-criminal records of individuals covered by the system, 
and other materials relating to employee grievances and matters of 
interest to or being investigated by the Office of Inspector General.
    Central Intelligence Agency Act of 1949, as amended--Pub. L. 81-
110, 50 U.S.C. 403 et seq.

Section 506(a), Federal Records Act of 1950 (44 U.S.C. 3101)
National Security Act of 1947, as amended--Pub. L. 80-253
Executive Order 12333
Executive Order 12356
Intelligence Authorization Act of 1994
    a. Records in the system are used and disclosed by members of the 
Office of Inspector General in the investigation of matters of interest 
or concern to the Director of Central Intelligence, Inspector General, 
and senior Agency officials, including grievances and allegations of 
misconduct by Agency employees, and to provide information to Agency 
management regarding personnel matters, and for evaluating current and 
proposed programs, policies and activities, selected assignments, and 
requests for awards or promotions.
    b. Records in the system that indicate a violation or potential 
violation of law, whether civil, criminal, or regulatory in nature, and 
whether arising by general statute or particular program, or by rule, 
regulation or order pursuant thereto, or that indicate a violation or 
potential violation of a contractual obligation, may be disclosed to 
the appropriate agency, whether Federal, state, local, foreign, or 
international, charged with the responsibility for investigating or 
prosecuting such violation, enforcing or implementing such statute, 
rule, regulation, or order, or with enforcing such contract.
    c. Records in the system may be disclosed to a Federal, state, 
local, foreign, or international agency, or to an individual or 
organization, when necessary to elicit information relevant to an 
Office of Inspector General investigation, inquiry, decision, or 
recommendation.
    d. Records in the system may be disclosed to a Federal, state, 
local, foreign, or international agency when requested in connection 
with the assignment, hiring, or retention of an individual, the 
issuance or revocation of a security clearance, letting of a contract, 
or any authorized inquiry or investigation to the extent that the 
information is relevant to the requesting agency's decision on the 
matter.
    e. Records in the system may be disclosed to any Federal agency 
when documents, witness statements, or other information obtained from 
that agency are used in compiling the system record, or when the record 
is relevant to the official responsibilities of that agency.
    f. Unclassified records in the system, or unclassified portions 
thereof, including information identifying individuals covered by the 
system, may be disclosed to the public when the matter under 
investigation has become public knowledge or the Inspector General 
determines that such disclosure is necessary to preserve confidence in 
the integrity of the Inspector General process, or is necessary to 
demonstrate the accountability of CIA employees, officers, or 
individuals covered by the system, 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. Records in the system pertaining to an employee grievance may be 
disclosed to any party to that grievance and the facilitator except for 
records that disclose the identity of a non-party who provided a 
statement during the grievance process.
    h. Records in the system may be disclosed in the course of 
presenting evidence to a court, magistrate, or administrative tribunal, 
including disclosures in the course of settlement negotiations, or 
pursuant to statutes or regulations governing the conduct of such 
proceedings.
    i. Records in the system may be disclosed to representatives of the 
Department of Justice or of any other agency that is responsible for 
representing Agency interests in connection with a judicial, 
administrative, or other proceedings. Records may also be disclosed to 
the Department of Justice to the extent necessary to obtain its advice 
on any matter relevant to an Office of Inspector General investigation.
    j. Records in the system may be disclosed to the Senate Select 
Committee on Intelligence and the House Permanent Select Committee on 
Intelligence, or other congressional committees, or the staffs thereof, 
in connection with their oversight and legislative functions.
    k. Records in the system may be disclosed to the President's 
Foreign Intelligence Advisory Board, and the Intelligence Oversight 
Board, and any successor organizations, when requested by those 
entities, or when the Inspector General determines that disclosure will 
assist in the performance of their oversight functions.
    Computer disk, microfilm, magnetic disk, and paper.
    By name.
    Files are stored in vaulted areas or approved metal filing 
cabinets. Access to information on magnetic disk is on a limited need-
to-know basis and controlled by password identifiers.
    Records are retained and destroyed in accordance with the records 
control schedules approved by the Archivist of the United States.
    Inspector General, Central Intelligence Agency, Washington, D.C. 
20505.
    Individuals seeking to learn if this system of records contains 
information about them should direct their inquiries to: Information 
and Privacy Coordinator, Central Intelligence Agency, Washington, D.C. 
20505.
    Identification requirements are specified in the Central 
Intelligence Agency rules published in the Code of Federal Regulations 
(32 CFR 1901.13). Individuals seeking information from this system of 
records must comply with these rules.
    Requests from individuals should be addressed to the Agency's 
Information and Privacy Coordinator as indicated in the notification 
section above.
    The Central Intelligence Agency's regulations for access to 
individual records, for disputing the contents thereof, and for 
appealing an initial determination by the Central Intelligence Agency 
concerning access to or correction of the records, are promulgated in 
the Central Intelligence Agency rules section of the Code of Federal 
Regulations (32 CFR 1901).
    Agency employees and contractors, Federal, state, and local 
officials, private citizens, and foreign nationals.

[FR Doc. 94-22589 Filed 9-12-94; 8:45 am]
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