Privacy Act of 1974; System of Records, 49593-49594 [05-16773]

Agencies

• DEPARTMENT OF DEFENSE
• Department of the Army
• Army Department

[Federal Register Volume 70, Number 163 (Wednesday, August 24, 2005)]
[Notices]
[Pages 49593-49594]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-16773]


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DEPARTMENT OF DEFENSE

Department of the Army


Privacy Act of 1974; System of Records

AGENCY: Department of the Army, DoD.

ACTION: Notice to alter a system of records.

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SUMMARY: The Department of the Army is proposing to alter an exempt 
system of records notice in its existing inventory of records systems 
subject to the Privacy Act of 1974, (5 U.S.C. 552a), as amended.

DATES: Comments must be received on or before September 23, 2005, to be 
considered by this agency.

ADDRESSES: Department of the Army, Freedom of Information/Privacy 
Division, U.S. Army Records Management and Declassification Agency, 
ATTN: AHRC-PDD-FPZ, 7701 Telegraph Road, Casey Building, Suite 144, 
Alexandria, VA 22315-3905.

FOR FURTHER INFORMATION CONTACT: Ms. Janice Thornton at (703) 428-6503.

SUPPLEMENTARY INFORMATION: The Department of the Army 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 report, as required by 5 U.S.C. 552a(r) of the 
Privacy Act of 1974, as amended, was submitted on August 16, 2005, to 
the House Committee on 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: August 18, 2005.
Jeannette Owings-Ballard,
OSD Federal Register Liaison Officer, Department of Defense.
A0195-2c USACIDC DoD

System name:
    DoD Criminal Investigation Task Force (CITF) Files (February 25, 
2005, 70 FR 9286).

Changes:
* * * * *

Categories of individuals covered by the system:
    Delete entry and replace with ``Any individual involved in, or 
suspected of being involved in, war crimes or acts of terrorism 
affecting U.S. interests (e.g., property located in or outside of the 
United States), U.S. nationals, and/or U.S. personnel. Individuals who 
provide information that is relevant to the investigation, such as 
victims, witnesses, and those who report such crimes or acts.''

Categories of records in the system:
    Add ``criminal'' before ``intelligence reports''.
* * * * *

Routine uses of records maintained in the system, including categories 
of users and the purposes of such uses:
    In the second paragraph, add at the end ``or terrorist 
activities''.
    In the third paragraph, delete ``for the purpose of collaborating 
on production of intelligence product and terrorist acts'' and replace 
with ``for the purpose of producing intelligence products and 
preventing or investigating terrorist acts.''
    Add a new fourth paragraph ``To victims and witnesses of a crime 
for purposes of providing information, consistent with the requirements 
of the Victim and Witness Assistance Program, regarding the 
investigation and disposition of an offense.''
* * * * *
A0195-2c USACIDC DoD

System name:
    DoD Criminal Investigation Task Force (CITF) Files

System location:
    U.S. Army Criminal Investigation Command, Criminal Investigation 
Task Force, 6010 6th Street, Fort Belvoir, VA 22060-5506.
    Decentralized segments are located at DoD Criminal Investigation 
Task Force (CITF) field offices and resident offices worldwide. 
Official mailing addresses are published as an appendix to Army's 
compilation of system of records notices.

Categories of individuals covered by the system:
    Any individual involved in, or suspected of being involved in, war 
crimes or acts of terrorism affecting U.S. interests (e.g., property 
located in or outside of the United States), U.S. nationals, and/or 
U.S. personnel.

[[Page 49594]]

Individuals who provide information that is relevant to the 
investigation, such as victims, witnesses, and those who report such 
crimes or acts.

Categories of records in the system:
    Name, Social Security Number, rank, date and place of birth, 
chronology of events; reports of investigation and criminal 
intelligence reports containing statements of witnesses, suspects, 
subject and agents; laboratory reports, polygraph reports, documentary 
evidence, physical evidence, summary and administrative data pertaining 
to preparation and distribution of reports; basis for allegations; 
modus operandi and other investigative information from Federal, State, 
and local investigative and intelligence agencies and departments; and 
similar relevant documents; names and personal identifiers of persons 
who have been subjects of electronic surveillance; agencies, firms, 
Army and Defense Department organizations which were the subjects or 
victims of war crimes investigations; and disposition of offenders, 
witness identification data, and relevant information pertaining to the 
investigation.

Authority for maintenance of the system:
    10 U.S.C. 113, Secretary of Defense; 10 U.S.C. 821, Jurisdiction of 
Courts Martial not Exclusive, and 836, President May Prescribe Rules; 
10 U.S.C. 3013, Secretary of the Army; 10 U.S.C. 5013, Secretary of the 
Navy; 10 U.S.C. 8013, Secretary of the Air Force; Pub. L. 107-40, 
Authorization for Use of Military Force Joint Resolution; Military 
Order of November 13, 2001, Detention, Treatment, and Trial of Certain 
Non-Citizens in the War Against Terrorism; Army Regulation 195-2, 
Criminal Investigation Activities; and E.O. 9397 (SSN).

Purpose(s):
    To conduct and exercise overall responsibility within the 
Department of Defense for all matters pertaining to the investigation 
of alleged war crimes and acts of terrorism committed against U.S. 
citizens, U.S. property or interests; used in judicial and adjudicative 
proceedings including litigation or in accordance with a court order; 
and reporting of statistical data to Department of Defense officials.

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:
    Information concerning war crimes or acts of terrorism activities 
are disclosed to Federal, State, local and/or foreign law enforcement 
agencies in accomplishing and enforcing laws (such as provisions of the 
Status of Forces Agreements or Treaties), analyzing modus operandi, 
detecting organized criminal activities, or terrorist activities.
    To the Department of State, the Department of Treasury, the 
Department of Justice, the Federal Bureau of Investigation, the Drug 
Enforcement Administration, U.S. Customs Service, the Bureau of 
Alcohol, Tobacco and Firearms, the Central Intelligence Agency, for the 
purpose of producing intelligence products and preventing or 
investigating terrorist acts. The distribution of investigative 
information is based on the Army's evaluation of the requesting agency 
needs and the relevance of the information to the use for which it is 
provided.
    To victims and witnesses of a crime for purposes of providing 
information, consistent with the requirements of the Victim and Witness 
Assistance Program, regarding the investigation and disposition of an 
offense.
    The DoD `Blanket Routine Uses' set forth at the beginning of the 
Army's compilation of systems of records notices also apply to this 
system.

Policies and practices for storing, retrieving, accessing, retaining, 
and disposing of records:
Storage:
    Paper records in file folders and on electronic media.

Retrievability:
    By individual's name, Social Security Number and date and place of 
birth.

Safeguards:
    Access is limited to designated authorized individuals having 
official need for the information in the performance of their duties. 
Buildings employ alarms, security guards, and or rooms are security-
controlled areas accessible only to authorized persons. Electronically 
and optically stored records are maintained in ``fail-safe'' system 
software with password-protected access. All records are accessible 
only to authorized persons with a need-to-know who are properly 
screened, cleared, and trained.

Retention and disposal:
    Disposition pending (until the National Archives and Records 
Administration has approved retention and disposition of these records, 
treat as permanent).

System manager(s) and address:
    Commander, U.S. Army Criminal Investigation Command, Criminal 
Investigation Task Force, 6010 6th Street, Fort Belvoir, VA 22060-5506.

Notification procedures:
    Individuals seeking access to information about themselves 
contained in this system should address written inquiries to the U.S. 
Army Criminal Investigation Command, Criminal Investigation Task Force, 
6010 6th Street, Fort Belvoir, VA 22060-5506.
    For verification purposes, individuals should provide their full 
name, date and place of birth, current address, telephone numbers, and 
signature.

Record access procedures:
    Individuals seeking access to information about themselves 
contained in this system should address written inquiries to the U.S. 
Army Criminal Investigation Command, Criminal Investigation Task Force, 
6010 6th Street, Fort Belvoir, VA 22060-5506.
    For verification purposes, individual should provide their full 
name, date and place of birth, current address, telephone numbers, and 
signature.

Contesting record procedures:
    The Army's rules for accessing records, and for contesting contents 
and appealing initial agency determination are contained in Army 
Regulation 340-21; 32 CFR part 505; or may be obtained from the system 
manager.

Record source categories:
    Suspects, witnesses, victims, DoD personnel, informants; various 
Department of Defense, federal, state, and local investigative 
agencies; departments or agencies of foreign governments; and any other 
individual or organization which may supply pertinent information.

Exemption claimed for the system:
    Parts of this system may be exempt pursuant to 5 U.S.C. 552a(j)(2) 
if the information is compiled and maintained by a component of the 
agency that performs as its principle function any activity pertaining 
to the enforcement of criminal laws.
    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) and published in 32 CFR part 505. For additional information 
contact the system manager.

[FR Doc. 05-16773 Filed 8-23-05; 8:45 am]
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