Privacy Act of 1974; System of Records, 38419-38420 [E8-15258]

Agencies

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

[Federal Register Volume 73, Number 130 (Monday, July 7, 2008)]
[Notices]
[Pages 38419-38420]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-15258]


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DEPARTMENT OF DEFENSE

Department of the Army

[Docket ID: USA-2008-0018]


Privacy Act of 1974; System of Records

AGENCY: Department of the Army, DoD.

ACTION: Notice To Amend a System of Records.

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SUMMARY: The Department of the Army is amending a 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.

DATES: This proposed action will be effective without further notice on 
August 6, 2008 unless comments are received which result in a contrary 
determination.

ADDRESSES: Department of the Army, Freedom of Information/Privacy 
Division, U.S. Army Records Management and Declassification Agency, 
7701 Telegraph Road, Casey Building, Suite 144, Alexandria, VA 22325-
3905.

FOR FURTHER INFORMATION CONTACT: Ms. Vicki Short at (703) 428-6508.

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 specific changes to the record system being amended are set 
forth below followed by the notice, as amended, published in its 
entirety. The proposed amendments are not within the purview of 
subsection (r) of the Privacy Act of 1974 (5 U.S.C. 552a), as amended, 
which requires the submission of a new or altered system report.

    Dated: June 30, 2008.
Patricia L. Toppings,
OSD Federal Register Liaison Officer, Department of Defense.
A0190-40 DAMO

System name:
    Offense Reporting System (ORS) (August 21, 2001, 66 FR 43847).

Changes:
    Change System Identifier to ``A0190-45 OPMG''.
* * * * *

System name:
    Delete entry and replace with ``Military Police Reporting System 
(MPRS).
* * * * *
A0190-45 OMPG

System name:
    Military Police Reporting System (MPRS).

System location:
    Decentralized to Army installations which created the Military 
Police Report. Official mailing addresses are published as an appendix 
to the Army's compilation of systems of records notices. The official 
copy of the military police report and other law enforcement related 
documents may be sent to the U.S. Army Crime Records Center, 6010 6th 
Street, Fort Belvoir, VA 22060-5585. Automated records of the Military 
Police Report are maintained in the Offense Reporting System (ORS) ORS-
2 program managed by the Deputy Chief of Staff for Operations and 
Plans, 400 Army Pentagon, Washington, DC 20310-0400.

Categories of individuals covered by the system:
    Any individual who is the subject, victim, complainant, witness, or 
suspect in a criminal, civil, or traffic offense.

Categories of records in the system:
    Criminal information or investigative files involving the Army 
which may consist of military police reports or similar reports 
containing investigative data, supporting or sworn statements, 
affidavits, provisional passes, receipts for prisoners or detained 
persons, reports of action taken, and disposition of cases.

Authority for maintenance of the system:
    10 U.S.C. 3013, Secretary of the Army; 18 U.S.C. 44, Brady Handgun 
Violence Prevention Act; 28 U.S.C. 534, Uniform Crime Reporting Act; 42 
U.S.C. 10606, Victims Rights and Restitution Act of 1990; DoD Directive 
10310.1, Victim and Witness Assistance; Army Regulation 190-45, 
Military Police Law Enforcement Reporting, and E.O. 9397 (SSN).

Purpose(s):
    To provide detailed information necessary for Army officials and 
commanders to discharge their responsibilities for maintaining 
discipline, law, and order through investigation of complaints and 
incidents and possible criminal prosecution, civil court action, or 
regulatory order.
    This system contains information which may be used, as permitted by 
the Privacy Act and other pertinent laws, for employee personnel 
actions and determinations concerning, but not limited to security 
clearances, recruitment, retention, and placement. Statistical data are 
derived from individual reports and stored in automated media at major 
Army commands and Headquarters, Department of the Army, for the 
purposes of (1) developing crime trends by major categories (e.g., 
crimes against persons, drug crimes, crimes against property, fraud 
crimes, and other offenses); (2) developing law enforcement and crime 
prevention programs to reduce or deter crime

[[Page 38420]]

within Army communities; and (3) to satisfy statutory reporting 
requirements.

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 may be disclosed to federal, state, and local 
(including Foreign Government) agencies for investigation and 
prosecution when cases are either within their jurisdiction or when 
concurrent jurisdiction applies. These include: Federal Bureau of 
Investigation, Drug Enforcement Administration, U.S. Customs Service, 
Bureau of Alcohol, Tobacco and Firearms, U.S. District Courts, U.S. 
Magistrates.
    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 in the system:
Storage:
    Paper records in file folders and electronic storage media.

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

Safeguards:
    Access to information is controlled; limited to authorized 
personnel having official need therefore. Terminals are under 
supervision control from unauthorized use. Access to information is 
also controlled by a system of assigned passwords for authorized users 
of terminals.

Retention and disposal:
    Criminal investigations data/information is sent to the Crime 
Records Center where it is retained 40 years after date of final 
report, all other data/information in the file is destroyed after 5 
years.

System manager(s) and address:
    Deputy Chief of Staff for Operations and Plans, 400 Army Pentagon, 
Washington, DC 20310-0400.

Notification procedure:
    Individuals seeking to determine whether information about 
themselves is contained in this system should address written inquiries 
to the Commander, U.S. Army Crime Records Center, 6010 6th Street, Fort 
Belvoir, VA 22060-5585.
    Individual should provide the full name, Social Security Number, 
date and place of the incident.

Record access procedures:
    Individuals seeking access to information about themselves 
contained in this system should address written inquiries to the 
Commander, U.S. Army Crime Records Center, 6010 6th Street, Fort 
Belvoir, VA 22060-5585.
    Individual should provide the full name, Social Security Number, 
date and place of the incident.

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

Record source categories:
    From the individual; witnesses; victims; Military Police and/or 
U.S. Army Criminal Investigation Command special agents; informants; 
investigative and law enforcement persons of Federal, state, local and 
foreign government agencies; any source that may supply pertinent 
information.

Exemptions 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 which 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. E8-15258 Filed 7-3-08; 8:45 am]
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