Privacy Act of 1974; System of Records, 6596-6601 [E9-2791]

Agencies

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

[Federal Register Volume 74, Number 26 (Tuesday, February 10, 2009)]
[Notices]
[Pages 6596-6601]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-2791]


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DEPARTMENT OF DEFENSE

Department of the Army

[Docket ID USA-2009-0001]


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 a system of 
records in its existing inventory of records systems subject to the 
Privacy Act of 1974, (5 U.S.C. 552a), as amended.

DATES: The proposed action will be effective on March 12, 2009 unless 
comments are received that would result in a contrary determination.

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

FOR FURTHER INFORMATION CONTACT: Mr. Robert Dickerson, (703) 428-6513.

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 January 30, 2009, to 
the House Committee on Oversight and 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: February 4, 2009.
Morgan E. Frazier,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
A0381-20b DAMI

System Name:
    Counterintelligence/Information Operations/Security Files (December 
14, 2001, 66 FR 64811).

Changes:
* * * * *

System Name:
    Delete entry and replace with ``Foreign Intelligence/ 
Counterintelligence/Information Operations/Security Files.''

Categories of Individuals Covered by the System:
    Delete entry and replace with ``Military personnel of the U.S. 
Army, including active duty, National Guard, reservists and retirees; 
civilian employees of the Department of the Army (DA), including 
contract, temporary, part-time, and advisory, citizen and alien 
employees located both in the U.S. and in overseas areas; individuals 
identified in foreign intelligence or counterintelligence reports and 
supportive material, including individuals involved in matters of 
foreign intelligence interest; industrial or contractor personnel 
working in private industry which have contracts involving classified 
Department of Defense (DoD) information; aliens granted limited access 
authorization to U.S. Defense information; alien personnel investigated 
for visa purposes; certain non-DoD affiliated persons whose activities 
involve them with the DoD, namely, activities involving requests for 
admission to DoD facilities or requests for certain information 
regarding DoD personnel, activities, or facilities; persons formerly 
affiliated with the DoD; persons who applied for or are/were being 
considered for employment with or access to DoD such as applicants for 
military service, pre inductees and prospective contractors; 
individuals residing on, having authorized official access to, or 
conducting or operating any business or other function at any DoD 
installation and facility; and U.S. Army Intelligence sources; and U.S. 
persons who have been declared missing, prisoners of war (POW), 
civilian persons who are being detained or held hostage or personnel 
recovered from hostile control; persons of interest encountered as part 
of military operations; individuals to include those brought to the 
attention of DoD by federal, state, local, tribal, foreign, or 
international organizations/agencies about whom there is a reasonable 
basis to believe that they are engaged in, or plan to engage in, 
activities such as (1) sabotage, (2) possible compromise of classified 
defense information by unauthorized disclosure or by espionage, treason 
or spying; (3) terrorism; (4) narcotics trafficking; (5) activities 
that are a direct threat to national or international security, or the 
conduct of military operations, (6) subversion of loyalty, discipline 
or morale of DoD military or civilian personnel by actively encouraging 
violation of lawful orders and regulations or disruption of military 
activities, and (7) activities that are a direct threat to DoD 
personnel, facilities and material or classified Defense contractor 
facilities or those individuals suspected or involved in criminal and 
intelligence activities directed against or involving DoD Information 
Systems.''

[[Page 6597]]

Categories of Records in the System:
    Delete entry and replace with This system includes intelligence 
records established to support intelligence, counter-intelligence and 
counter terrorism analysis and detection, to include biometrics enabled 
(or capable) records.
    Biometrics enabled intelligence related records/reports/data/
analytical products in paper and/or automated form. These related 
support items may include names, Social Security numbers, biometrics 
templates, biometrics information, biometrics signatures and images, 
biographical information, and contextual data that is associated with 
such biometrics. Biometrics signatures, images and templates include 
modalities such as fingerprints, iris scans, DNA, voice, facial 
features, writing exemplar, and hand geometry. Biographical information 
includes information such as date of birth, place of birth, height, 
weight, eye color, hair color, race, gender, nationality, and other 
personal descriptive data.
    General and technical analytical reports/data.
    Requests for and results of investigations or inquiries or analysis 
conducted and data acquired and maintained by U.S. Army Intelligence or 
other DoD, Federal, State, local, tribal or foreign intelligence, 
security or investigative agencies. Record includes: Personal history 
statements; fingerprint cards; personnel security questionnaire; 
medical and/or educational records and waivers for release; local 
agency checks; military records; birth records; employment records; 
education records; credit records and waivers for release; interviews 
of education, employment, and credit references; interviews of listed 
and developed character references; interviews of neighbors; requests 
for, documentation pertaining to, results of electronic surveillance, 
intelligence polygraph examinations and technical documents, physical 
surveillance, and mail cover and or search; polygraph examination 
summaries; documents which succinctly summarize information in 
subject's investigative file; case summaries prepared by both 
investigative control offices and requesters of investigative 
interrogation reports; temporary documents concerning security, 
suitability, and criminal incidents lawfully collected by U.S. Army 
counterintelligence units in the performance of the counterintelligence 
mission; intelligence requirements, analysis, and reporting; 
operational records; articles, open source data, and other published 
information on individuals and events of interest to INSCOM; actual or 
purported correspondence; correspondence pertaining to the 
investigation, inquiry, or its adjudication by clearance or 
investigative authority to include; (1) The chronology of the 
investigation, inquiry, and adjudication; (2) all recommendations 
regarding the future status of the subject; (3) actions of security/
loyalty review boards; (4) final actions/determinations made regarding 
the subject; and (5) security clearance, limited access authorization, 
or security determination; index tracing reference which contains 
aliases and the names of the subject and names of co-subjects; security 
termination and inadvertent disclosure statements; notification of 
denial, suspension, or revocation of clearance; and reports of 
casualty, biographic data and intelligence/counterintelligence 
debriefing reports concerning U.S. personnel who are missing, captured, 
or detained by a hostile entity. Case control and management documents 
that serve as the basis for conducting the investigation such as 
documents requesting the investigation and documents used in case 
management and control such as lead sheets, other field tasking 
documents, and transfer forms. Administrative records required by the 
U.S. Army Investigative Records Repository for records management 
purposes such as form transmitting investigative or operational 
material to the U.S. Army Investigative Records Repository and 
providing instructions for indexing the record in the Defense Central 
Index of Investigations and release of material contained therein, form 
indicating dossier has been reviewed and all material therein conforms 
to DoD policy regarding retention criteria, form pertaining to the 
release of information pertaining to controlled records, form to 
indicate material has been removed and forwarded to other authorized 
Federal agencies such as the Defense Investigative Service, cross 
reference sheet to indicate the removal of investigative documents 
requiring limited access, form identifying material that has been 
segregated and/or is exempt from release, and records accounting for 
the disclosure of intelligence, counterintelligence and security 
information made outside of the DoD.
    Paper and automated indices of personnel investigations/operations 
which are under controlled access within the U.S. Army Investigative 
Records Repository, such as key USAINSCOM personnel, general officers, 
file procurement officers and their agencies, and sensitive spying, 
treason, espionage, sabotage, sedition, and subversion investigations 
and foreign intelligence or counterintelligence operations.
    Microform and automated indices and catalogue files, which 
constitute an index to all U.S. Army Investigative Records Repository 
holdings contained in microfilmed investigative and operational 
records.
    Automated record indices maintained by the U.S. Army Investigative 
Records Repository to keep a record of all original dossiers charged 
out of the U.S. Army Investigative Records Repository on loan to user 
agencies or permanently transferred to National Archives and Records 
Administration.
    Paper, card file, microform and computerized case and incident 
indices containing name, date/place of birth, address, case or incident 
title and number, and brief summary of case or incident of current 
interest to investigative activities.''

Authority for Maintenance of the System:
    Delete entry and replace with ``10 U.S.C. 3013, Secretary of the 
Army; E.O. 10450, Security Requirements for Government Employees; E.O. 
12333, United States Intelligence Activities; the National Security Act 
of 1947, as amended; the Defense Authorization Act for FY 1988 and 
1989; the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 
401); 18 U.S.C. 2511, Interception and Disclosure of Electronic 
Communications Prohibited; DoD 5240.1-R, DoD Intelligence Activities; 
Army Regulation 381-10, U.S. Army Intelligence Activities and E.O. 9397 
(SSN).''

Purpose(s):
    Delete entry and replace with ``To provide information to assess an 
individual's acceptability for assignment to or retention in sensitive 
positions consistent with the interest of national security; to 
document U.S. intelligence, counterintelligence and security 
investigations and operations pertaining to the U.S. Army's 
responsibilities for foreign intelligence and counterintelligence, and 
to detect, identify, and neutralize foreign intelligence and 
international terrorist threats to the DoD; and to temporarily document 
security, suitability, and criminal incident information not within 
U.S. Army counterintelligence jurisdiction to investigate, which is 
lawfully provided to U.S. Army counterintelligence units by cooperating 
sources of information collected

[[Page 6598]]

incidental to the counterintelligence mission.
    To maintain records on information operations, foreign 
intelligence, counterintelligence, counter-terrorism, counter-
narcotics, and matters relating to the protection of the national 
security, DoD personnel, facilities and equipment, including but not 
limited to, information systems. This information is shared with other 
DoD components for the purpose of collaborating on production of 
intelligence products and countering terrorist acts.''

Routine Uses of Records Maintained in the System, Including Categories 
of Users and the Purposes of Such Uses:
Add New Routine Use:
    ``To Federal, State, tribal, local, foreign agencies, or 
international organizations/agencies for the purposes of national and 
international security, law enforcement, counterterrorism, 
intelligence, counterintelligence, immigration management and control, 
and homeland defense and security as authorized by U.S. Law or 
Executive Order, or for the purposes of protecting the territory, 
people, and interests of the United States of America against hostile 
activities.''
* * * * *

Retrievability:
    Delete entry and replace with ``By name; alias; title, in 
combination with Social Security Number or regular dossier number; date 
and/or place of birth; biometric template, other biometric data; or 
other personal identifier. For subjects identified only by name, the 
name only index is searched.''
* * * * *

Retention and Disposal:
    Add paragraph ``General and technical intelligence records are kept 
until no longer needed then destroyed.''
* * * * *

Exemptions Claimed for the System:
    Delete entry and replace with ``Information specifically authorized 
to be classified under E.O. 12958, as implemented by DoD 5200.1-R, may 
be exempt pursuant to 5 U.S.C. 552a(k)(1).
    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.
    Investigatory 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.
    To the extent that copies of exempt records from external systems 
of records are entered into AO381-10b DAMI, the Army hereby claims the 
same exemptions for those records as claimed for the original primary 
system of which they are a part.
    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.
* * * * *
A0381-20b DAMI

System Name:
    Foreign Intelligence/Counterintelligence/Information Operations/
Security Files.

System Location:
    U.S. Army Intelligence and Security Command, 8825 Beulah Street, 
Fort Belvoir, VA 22060-5246.
    Decentralized segments are located at U.S. Army Intelligence 
brigades, groups, battalions, companies, detachments, field offices and 
resident offices worldwide. Official mailing addresses are published as 
an appendix to the Army's compilation of systems of records notices.

Categories of Individuals Covered by the System:
    Military personnel of the U.S. Army, including active duty, 
National Guard, reservists and retirees; civilian employees of the 
Department of the Army (DA), including contract, temporary, part-time, 
and advisory, citizen and alien employees located both in the U.S. and 
in overseas areas; individuals identified in foreign intelligence or 
counterintelligence reports and supportive material, including 
individuals involved in matters of foreign intelligence interest; 
industrial or contractor personnel working in private industry which 
have contracts involving classified Department of Defense (DoD) 
information; aliens granted limited access authorization to U.S. 
Defense information; alien personnel investigated for visa purposes; 
certain non-DoD affiliated persons whose activities involve them with 
the DoD, namely, activities involving requests for admission to DoD 
facilities or requests for certain information regarding DoD personnel, 
activities, or facilities; persons formerly affiliated with the DoD; 
persons who applied for or are/were being considered for employment 
with or access to DoD such as applicants for military service, pre 
inductees and prospective contractors; individuals residing on, having 
authorized official access to, or conducting or operating any business 
or other function at any DoD installation and facility; and U.S. Army 
Intelligence sources; and U.S. persons who have been declared missing, 
prisoners of war (POW), civilian persons who are being detained or held 
hostage or personnel recovered from hostile control; persons of 
interest encountered as part of military operations; individuals to 
include those brought to the attention of DoD by federal, state, local, 
tribal, foreign, or international organizations/agencies about whom 
there is a reasonable basis to believe that they are engaged in, or 
plan to engage in, activities such as (1) sabotage, (2) possible 
compromise of classified defense information by unauthorized disclosure 
or by espionage, treason or spying; (3) terrorism; (4) narcotics 
trafficking; (5) activities that are a direct threat to national or 
international security, or the conduct of military operations, (6) 
subversion of loyalty, discipline or morale of DoD military or civilian 
personnel by actively encouraging violation of lawful orders and 
regulations or disruption of military activities, and (7) activities 
that are a direct threat to DoD personnel, facilities and material or 
classified Defense contractor facilities or those individuals suspected 
or involved in criminal and intelligence activities directed against or 
involving DOD Information Systems.

Categories of Records in the System:
    This system includes intelligence records established to support 
intelligence, counter-intelligence and counter terrorism analysis and 
detection, to include biometrics enabled (or capable) records.
    Biometrics enabled intelligence related records/reports/data/
analytical products in paper and/or automated form. These related 
support items may include names, Social Security

[[Page 6599]]

numbers, biometrics templates, biometrics information, biometrics 
signatures and images, biographical information, and contextual data 
that is associated with such biometrics. Biometrics signatures, images 
and templates include modalities such as fingerprints, iris scans, DNA, 
voice, facial features, writing exemplar, and hand geometry. 
Biographical information includes information such as date of birth, 
place of birth, height, weight, eye color, hair color, race, gender, 
nationality, and other personal descriptive data.

General and Technical Analytical Reports/data:
    Requests for and results of investigations or inquiries or analysis 
conducted and data acquired and maintained by U.S. Army Intelligence or 
other DoD, Federal, State, local, tribal or foreign intelligence, 
security or investigative agencies. Record includes: Personal history 
statements; fingerprint cards; personnel security questionnaire; 
medical and/or educational records and waivers for release; local 
agency checks; military records; birth records; employment records; 
education records; credit records and waivers for release; interviews 
of education, employment, and credit references; interviews of listed 
and developed character references; interviews of neighbors; requests 
for, documentation pertaining to, results of electronic surveillance, 
intelligence polygraph examinations and technical documents, physical 
surveillance, and mail cover and/or search; polygraph examination 
summaries; documents which succinctly summarize information in 
subject's investigative file; case summaries prepared by both 
investigative control offices and requesters of investigative 
interrogation reports; temporary documents concerning security, 
suitability, and criminal incidents lawfully collected by U.S. Army 
counterintelligence units in the performance of the counterintelligence 
mission; intelligence requirements, analysis, and reporting; 
operational records; articles, open source data, and other published 
information on individuals and events of interest to INSCOM; actual or 
purported correspondence; correspondence pertaining to the 
investigation, inquiry, or its adjudication by clearance or 
investigative authority to include: (1) The chronology of the 
investigation, inquiry, and adjudication; (2) all recommendations 
regarding the future status of the subject; (3) actions of security/
loyalty review boards (4) final actions/determinations made regarding 
the subject; and (5) security clearance, limited access authorization, 
or security determination; index tracing reference which contains 
aliases and the names of the subject and names of co-subjects; security 
termination and inadvertent disclosure statements; notification of 
denial, suspension, or revocation of clearance; and reports of 
casualty, biographic data and intelligence/counterintelligence 
debriefing reports concerning U.S. personnel who are missing, captured, 
or detained by a hostile entity. Case control and management documents 
that serve as the basis for conducting the investigation such as 
documents requesting the investigation and documents used in case 
management and control such as lead sheets, other field tasking 
documents, and transfer forms. Administrative records required by the 
U.S. Army Investigative Records Repository for records management 
purposes such as form transmitting investigative or operational 
material to the U.S. Army Investigative Records Repository and 
providing instructions for indexing the record in the Defense Central 
Index of Investigations and release of material contained therein, form 
indicating dossier has been reviewed and all material therein conforms 
to DoD policy regarding retention criteria, form pertaining to the 
release of information pertaining to controlled records, form to 
indicate material has been removed and forwarded to other authorized 
Federal agencies such as the Defense Investigative Service, cross 
reference sheet to indicate the removal of investigative documents 
requiring limited access, form identifying material that has been 
segregated and/or is exempt from release, and records accounting for 
the disclosure of intelligence, counterintelligence and security 
information made outside of the DoD.
    Paper and automated indices of personnel investigations/operations 
which are under controlled access within the U.S. Army Investigative 
Records Repository, such as key USAINSCOM personnel, general officers, 
file procurement officers and their agencies, and sensitive spying, 
treason, espionage, sabotage, sedition, and subversion investigations 
and/or foreign intelligence or counterintelligence operations.
    Microform and automated indices and catalogue files, which 
constitute an index to all U.S. Army Investigative Records Repository 
holdings contained in microfilmed investigative and operational 
records.
    Automated record indices maintained by the U.S. Army Investigative 
Records Repository to keep a record of all original dossiers charged 
out of the U.S. Army Investigative Records Repository on loan to user 
agencies or permanently transferred to National Archives and Records 
Administration.
    Paper, card file, microform and computerized case and incident 
indices containing name, date/place of birth, address, case or incident 
title and number, and brief summary of case or incident of current 
interest to investigative activities.

Authority for Maintenance of the System:
    10 U.S.C. 3013, Secretary of the Army; E.O. 10450, Security 
Requirements for Government Employees; E.O. 12333, United States 
Intelligence Activities; the National Security Act of 1947, as amended; 
the Defense Authorization Act for FY 1988 and 1989; the Foreign 
Intelligence Surveillance Act of 1978 (50 U.S.C. 401); 18 U.S.C. 2511, 
Interception and Disclosure of Electronic Communications Prohibited; 
DoD 5240.1-R, DoD Intelligence Activities; Army Regulation 381-10, U.S. 
Army Intelligence Activities and E.O. 9397 (SSN).

Purpose(s):
    To provide information to assess an individual's acceptability for 
assignment to or retention in sensitive positions consistent with the 
interest of national security; to document U.S. intelligence, 
counterintelligence and security investigations and operations 
pertaining to the U.S. Army's responsibilities for foreign intelligence 
and counterintelligence, and to detect, identify, and neutralize 
foreign intelligence and international terrorist threats to the DoD; 
and to temporarily document security, suitability, and criminal 
incident information not within U.S. Army counterintelligence 
jurisdiction to investigate, which is lawfully provided to U.S. Army 
counterintelligence units by cooperating sources of information 
collected incidental to the counterintelligence mission.
    To maintain records on information operations, foreign 
intelligence, counterintelligence, counterterrorism, counter-narcotics, 
and matters relating to the protection of the national security, DoD 
personnel, facilities and equipment, including but not limited to, 
information systems. This information is shared with other DoD 
components for the purpose of collaborating on production of 
intelligence products and countering terrorist acts.

[[Page 6600]]

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 routine uses 
pursuant to 5 U.S.C. 552a(b)(3) as follows:
    To Federal, State, tribal, local, foreign agencies, or 
international organizations/agencies for the purposes of national and 
international security, law enforcement, counterterrorism, 
intelligence, counterintelligence, immigration management and control, 
and homeland defense and security as authorized by U.S. Law or 
Executive Order, or for the purposes of protecting the territory, 
people, and interests of the United States of America against hostile 
activities.
    To the Immigration and Naturalization Service, Department of 
Justice for use in alien admission and naturalization inquiries 
conducted under section 105 of the Immigration and Naturalization Act 
of 1952, as amended.
    To the Department of Veterans Affairs for the purpose of using the 
information in benefit determinations.
    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, and the Central Intelligence Agency for 
the purpose of collaborating on production of intelligence product and 
countering terrorist acts. The distribution of investigative 
information is based on the Army's evaluation of the requesting 
agency's needs and the relevance of the information to the use for 
which it is provided. Information collected for one purpose is not 
automatically used for other purposes or by the other users indicated 
in this description.
    The DoD `Blanket Routine Uses' published 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 on electronic storage media.

Retrievability:
    By name; alias; title, in combination with Social Security Number 
or regular dossier number; date and/or place of birth; biometric 
template, other biometric data; or other personal identifier. For 
subjects identified only by name, the name only index is searched.

Safeguards:
    Buildings employ alarms, security guards, and/or rooms are 
security-controlled areas accessible only to authorized persons. Paper 
and microform records are maintained in General Service Administration 
approved security containers. Paper and microform records in the U.S. 
Army Investigative Records Repository are stored in security-controlled 
areas accessible only to authorized persons. Electronically and 
optically stored records are maintained in `fail-safe' system software 
with password-protected access. Records are accessible only to 
authorized persons with a need-to-know who are properly screened, 
cleared, and trained.

Retention and Disposal:
    General and technical intelligence records are kept until no longer 
needed then destroyed.
    Personnel security/adjudicative records on non-DoD persons who are 
considered for affiliation with DoD are destroyed after 1 year if 
affiliation is not completed.
    Personnel security investigations and adjudicative records of a 
routine nature are retained in the active file until no longer needed; 
retired to the U.S. Army Investigative Records Repository and retained 
for 15 years after last action reflected in the file, except that files 
which contain significant derogatory information and or resulted in 
adverse action(s) against the individual are destroyed after 25 years. 
However, once affiliation is terminated, acquiring and adding material 
to the file is prohibited unless affiliation is renewed. Records 
determined to be of historical value, of wide spread value, or 
Congressional interest and investigations of treason, spying, 
espionage, sabotage, sedition, and subversion or other major 
investigations or operations of a counterintelligence or security 
nature are permanent. They will be retained in the U.S. Army 
Investigative Records Repository for 25 years after the date of the 
last action reflected in the file and then permanently transferred to 
the National Archives.
    Records pertaining to U.S. persons declared POW, missing, or 
detainees will be maintained in the active file until no longer needed, 
retired to the U.S. Army Investigative Records Repository and retained 
for 50 years after the date of the last action reflected in the file or 
the subject is declared Killed in Action or dead and then permanently 
transferred to the National Archives.
    Records pertaining to counterintelligence polygraph technical files 
will be maintained in the active file until no longer needed and then 
disposed of after the final quality control review as follows: (1) For 
counterintelligence scope cases, 90 days for favorably resolved cases 
or 15 years for other than favorably resolved cases, (2) for 
counterintelligence investigative cases, 15 years, and (3) for 
offensive counterintelligence operations and Human Intelligence cases, 
material is transferred to the U.S. Army Investigative Records 
Repository, incorporated into an operational dossier, and disposed of 
25 years from the date of last action.
    Security, suitability, and criminal incident information that is 
collected in the performance of the counterintelligence mission and 
which is not within the U.S. Army counterintelligence jurisdiction to 
investigate is retained at the location only so long as necessary to 
transmit it to the appropriate law enforcement or investigative agency 
having jurisdiction for this incident.
    Summarized records pertaining to local intelligence, 
counterintelligence or incidents of interest to the local military 
intelligence activity are reviewed annually and destroyed when 
determined to be of no further operational value.
    Destruction of records will be by shredding, burning, or pulping 
for paper records; magnetic erasing for computerized records. Optical 
digital data records should not be destroyed pending the development of 
a satisfactory destruction method.

System Manager(s) and Address:
    Deputy Chief of Staff for Intelligence, Headquarters, Department of 
the Army, 1001 Army Pentagon, Washington, DC 20310-1001.

Notification Procedure:
    Individuals seeking to determine whether information about 
themselves is contained in this system should address written inquiries 
to the U.S. Army Intelligence and Security Command, Freedom of 
Information/Privacy Office, 8825 Beulah Street, Fort Belvoir, VA 22060-
5246.
    Individuals should provide their full name, aliases, date and place 
of birth, Social Security Number, service number(s), or other 
information verifiable from the records in written request.

[[Page 6601]]

Record Access Procedures:
    Individuals seeking to determine whether information about 
themselves is contained in this system should address written inquiries 
to the U.S. Army Intelligence and Security Command, Freedom of 
Information/Privacy Office, 8825 Beulah Street, Fort Belvoir, VA 22060-
5246.
    Individuals should provide their full name, aliases, date and place 
of birth, Social Security Number, service number(s), current address, 
and telephone number in written request.

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 individuals; DoD records; U.S. agencies and organizations; 
media, including periodicals, newspapers, broadcast transcripts; 
intelligence source documents/reports; other relevant Army documents 
and reports; informants; various Federal, state and local investigative 
and law enforcement agencies; foreign governments; and other 
individuals or agencies/organizations that may supply pertinent 
information.

Exemptions Claimed for the System:
    Information specifically authorized to be classified under E.O. 
12958, as implemented by DoD 5200.1-R, may be exempt pursuant to 5 
U.S.C. 552a(k)(1).
    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.
    Investigatory 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.
    To the extent that copies of exempt records from external systems 
of records are entered into A0381-10b DAMI, the Army hereby claims the 
same exemptions for those records as claimed for the original primary 
system of which they are a part.
    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. E9-2791 Filed 2-9-09; 8:45 am]
BILLING CODE 5001-06-P