Privacy Act of 1974; System of Records, 36644-36646 [2010-15637]

Agencies

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

[Federal Register Volume 75, Number 123 (Monday, June 28, 2010)]
[Notices]
[Pages 36644-36646]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-15637]


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DEPARTMENT OF DEFENSE

Department of the Army

[Docket ID: USA-2010-0014]


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 proposes to alter a system of 
records notices 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 
July 28, 2010 unless comments are received which result in a contrary 
determination.

ADDRESSES: You may submit comments, identified by docket number and 
title, by any of the following methods:
     Federal Rulemaking Portal: https://www.regulations.gov. 
Follow the instructions for submitting comments.
     Mail: Federal Docket Management System Office, 1160 
Defense Pentagon, Washington, DC 20301-1160.
    Instructions: All submissions received must include the agency name 
and docket number for this Federal Register document. The general 
policy for comments and other submissions from members of the public is 
to make these submissions available for public viewing on the Internet 
at https://www.regulations.gov as they are received without change, 
including any personal identifiers or contact information.

FOR FURTHER INFORMATION CONTACT: Mr. Leroy Jones at (703) 428-6185.

SUPPLEMENTARY INFORMATION: Department of the Army notices for systems 
of records 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 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.
    The proposed system report, as required by 5 U.S.C. 552a(r) of the 
Privacy Act of 1974, as amended, was submitted on June 14, 2010, 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,'' February 20, 1996; 61 FR 6427.

    Dated: June 23, 2010.
Mitchell S. Bryman,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
A0190-47 DAMO

SYSTEM NAME:
    Correctional Reporting System (CRS) (August 23, 1999; 64 FR 45957).
* * * * *

CHANGES:
SYSTEM ID:
    Delete entry and replace with ``A0190-47 DAPM-ACC''.

SYSTEM NAME:
    Delete entry and replace with ``Army Corrections and Review Board 
Records.''

SYSTEM LOCATION:
    Delete entry and replace with ``Office of the Provost Marshal 
General, 2800 Army Pentagon, Washington, DC 20310-2800; Army 
Corrections Command, 200 Stovall St, Alexandria, VA 22332-6100; Army 
Corrections System Facilities, Navy and Marine Corps Brigs; and Army 
Clemency and Parole Board Office, 1901 South Bell Street, Arlington, VA 
22202-4508.''

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Delete entry and replace with ``Any military member confined at a 
DoD correctional facility as a result of, or pending trial by courts-
martial under Army responsibility, and those under community 
supervision once released from DoD correctional facility. All 
Department of Defense civilian employees, military members and 
contractors who have been granted user accounts on the system in order 
to conduct official business.''

CATEGORIES OF RECORDS IN THE SYSTEM:
    Delete entry and replace with ``Full name, Social Security Number 
(SSN), present address; documents related to the administration of 
individual military prisoners; courts-martial orders, dates of 
confinement, release/confinement orders, register number, medical 
examiner's reports, requests and receipts for health and comfort 
supplies, reports and recommendations relating to disciplinary actions, 
clothing and equipment issue records; forms authorizing correspondence 
by prisoner, mail records; personal history records; individual 
prisoner utilization records; requests for interview; fingerprint 
cards, military police reports; prisoner identification records; 
parolee/mandatory supervised release agreements; inspections; documents 
regarding custodianship of personal funds and property of prisoners; 
former commanding officer's report; parents' report; spouse's report; 
classification recommendations; request to transfer prisoner; social 
history; clemency and parole actions; psychologist's report; 
psychiatric and sociologic reports; certificate of parole; certificate 
of release from parole; assignment progress reports; and similar 
relevant documents.''

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    Delete and replace with ``10 U.S.C. 3013, Secretary of the Army; 10 
U.S.C. 951, Military Claims; DoD Directive 1030.1, Victim and Witness 
Assistance; DoD Instruction 1030.2, Victim and Witness Assistance 
Procedures; DoD Instruction 1325.7, Administration of Military 
Correctional Facilities and Clemency and Parole Authority; Army 
Regulation 190-130, Army Clemency and parole board, Army Regulation 
190-47, The Army Corrections System; and E.O. 9397 (SSN), as amended.''

PURPOSE(S):
    Delete entry and replace with ``Automated records provide pertinent 
information required for proper clemency and parole decisions that the 
Army Clemency and Parole Board makes for the Secretary of the Army.''
* * * * *

SYSTEM MANAGER(S) AND ADDRESS:
    Delete entry and replace with ``Office of the Provost Marshal 
General, 2800 Army Pentagon, Washington, DC 20310-2800; Army 
Corrections Command, 200 Stovall St, Alexandria, VA 22332-6100.''

NOTIFICATION PROCEDURE:
    Delete entry and replace with ``Individuals seeking to determine

[[Page 36645]]

whether information about themselves is contained in this system should 
address written inquiries to the commander of the correctional facility 
where confined.
    For verification purposes, individual should provide their full 
name, Social Security Number (SSN), dates of confinement, any details, 
which may assist in locating records, and their signature.
    In addition, the requester must provide a notarized statement or an 
unsworn declaration made in accordance with 28 U.S.C. 1746, in the 
following format:
    If executed outside the United States: `I declare (or certify, 
verify, or state) under penalty of perjury under the laws of the United 
States of America that the foregoing is true and correct. Executed on 
(date). (Signature)'.
    If executed within the United States, its territories, possessions, 
or commonwealths: `I declare (or certify, verify, or state) under 
penalty of perjury that the foregoing is true and correct. Executed on 
(date). (Signature)'.''

RECORD ACCESS PROCEDURES:
    Delete entry and replace with ``Individuals seeking access to 
information about themselves contained in this system should address 
written inquiries to the commander of the correctional facility.
    For verification purposes, individual should provide their full 
name, Social Security Number (SSN), dates of confinement, any details, 
which may assist in locating records, and their signature.
    In addition, the requester must provide a notarized statement or an 
unsworn declaration made in accordance with 28 U.S.C. 1746, in the 
following format:
    If executed outside the United States: `I declare (or certify, 
verify, or state) under penalty of perjury under the laws of the United 
States of America that the foregoing is true and correct. Executed on 
(date). (Signature)'.
    If executed within the United States, its territories, possessions, 
or commonwealths: `I declare (or certify, verify, or state) under 
penalty of perjury that the foregoing is true and correct. Executed on 
(date). (Signature)'.''
* * * * *
A0190-47 DAPM-ACC

SYSTEM NAME:
    Army Corrections and Review Board Records.

SYSTEM LOCATION:
    Office of the Provost Marshal General, 2800 Army Pentagon, 
Washington, DC 20310-2800; Army Corrections Command, 200 Stovall St., 
Alexandria, VA 22332-6100; Army Corrections System Facilities, Navy and 
Marine Corps Brigs; and Army Clemency and Parole Board Office, 1901 
South Bell Street, Arlington, VA 22202-4508.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Any military member confined at a DoD Correctional facility as a 
result of, or pending trial by courts-martial under Army 
responsibility, and those under community supervision once released 
from DoD correctional facility. All Department of Defense civilian 
employees, military members and contractors who have been granted user 
accounts on the system in order to conduct official business.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Full name, Social Security Number (SSN), present address; documents 
related to the administration of individual military prisoners; courts-
martial orders, dates of confinement, release/confinement orders, 
register number, medical examiner's reports, requests and receipts for 
health and comfort supplies, reports and recommendations relating to 
disciplinary actions, clothing and equipment issue records; forms 
authorizing correspondence by prisoner, mail records; personal history 
records; individual prisoner utilization records; requests for 
interview; fingerprint cards, military police reports; prisoner 
identification records; parolee/mandatory supervised release 
agreements; inspections; documents regarding custodianship of personal 
funds and property of prisoners; former commanding officer's report; 
parents' report; spouse's report; classification recommendations; 
request to transfer prisoner; social history; clemency and parole 
actions; psychologist's report; psychiatric and sociologic reports; 
certificate of parole; certificate of release from parole; assignment 
progress reports; and similar relevant documents.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    10 U.S.C. 3013, Secretary of the Army; 10 U.S.C. 951, Military 
Claims; DoD Directive 1030.1, Victim and Witness Assistance; DoD 
Instruction 1030.2, Victim and Witness Assistance Procedures; DoD 
Instruction 1325.7, Administration of Military correctional Facilities 
and Clemency and Parole Authority; Army Regulation 190-130, Army 
Clemency and parole board, Army Regulation 190-47, The Army Corrections 
System; and E.O. 9397 (SSN), as amended.

PURPOSE(S):
    Automated records provide pertinent information required for proper 
clemency and parole decisions that the Army Clemency and Parole Board 
makes for the Secretary of the Army.

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 of 1974, these records 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 Federal, State and local confinement/correctional agencies for 
use in the administration of correctional programs including custody 
classification, employment, training and educational assignments, 
treatment programs, clemency, restoration to duty or parole actions, 
verification of offender's criminal records, employment records, and 
social histories.
    To state and local authorities for purposes of providing (1) 
notification that individuals, who have been convicted of a specified 
sex offense or an offense against a victim who is a minor, will be 
residing in the state upon release from military confinement, (2) 
information about the individual for inclusion in a State operated sex 
offender registry and (3) DNA, or deoxyribonucleic acid policy on 
collecting samples from military prisoners.
    To the Bureau of Prisons for purpose of providing notification that 
the military transferee has been convicted of a sexually violent 
offense or an offense against a victim who is a minor.
    To victims and witnesses of a crime(s) for the purpose of notifying 
them of date of parole or clemency hearing and other release related 
activities.
    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 prisoner's surname and/or Social Security Number (SSN) and/or 
register number.

SAFEGUARDS:
    All records are maintained in areas accessible only to designated 
personnel

[[Page 36646]]

having official need therefore. Automated data base and output are 
managed through comprehensive procedures and policies prescribed in 
system functional users manuals. Regional Data Centers are contractor-
operated. Contractor personnel are security screened; employees receive 
a security briefing and participate in an on-going security education 
program under the Regional Data Security Officer. Regional Data Centers 
are connected through a communications network to 44 distributed data 
processing centers at Army installations. Data are available only to 
installation personnel responsible for system operation and 
maintenance. Terminals not in data processing centers are under the 
supervision of a terminal area security officer at each remote location 
protecting them from unauthorized use. Access to information is 
controlled further by a system of assigned passwords for authorized 
users of terminals.

RETENTION AND DISPOSAL:
    Individual correctional treatment records for prisoners in the U.S. 
Army Corrections System Facilities are retained for 2 years following 
expiration of sentence/completion of parole/maximum release date, 
following which they are retired to the National Personnel Records 
Center for 25 years before destruction by shredding.

    Note: Transfer of a prisoner from one facility to another is not 
construed as release from confinement. When a prisoner is 
transferred to another facility, his/her file is transferred with 
him/her.

    Information on tape/disc is erased after 3 years.
    Army Clemency Board case files are returned on completion of Board 
action, as appropriate, where they are retained for 2 years following 
expiration of sentence/completion of parole/maximum release date, 
following which they are retired to the National Personnel Records 
Center and maintained for 25 years before being destroyed by shredding.

SYSTEM MANAGER(S) AND ADDRESS:
    Office of the Provost Marshal General, 2800 Army Pentagon, 
Washington, DC 20310-2800; Army Corrections Command, 200 Stovall St, 
Alexandria, VA 22332-6100.

NOTIFICATION PROCEDURE:
    Individuals seeking to determine whether information about 
themselves is contained in this system should address written inquiries 
to the commander of the correctional facility where confined.
    For verification purposes, individual should provide their full 
name, Social Security Number (SSN), dates of confinement, any details, 
which may assist in locating records, and their signature.
    In addition, the requester must provide a notarized statement or an 
unsworn declaration made in accordance with 28 U.S.C. 1746, in the 
following format:
    If executed outside the United States: `I declare (or certify, 
verify, or state) under penalty of perjury under the laws of the United 
States of America that the foregoing is true and correct. Executed on 
(date). (Signature)'.
    If executed within the United States, its territories, possessions, 
or commonwealths: `I declare (or certify, verify, or state) under 
penalty of perjury that the foregoing is true and correct. Executed on 
(date). (Signature)'.

RECORD ACCESS PROCEDURES:
    Individuals seeking access to information about themselves 
contained in this system should address written inquiries to the 
commander of the correctional facility.
    For verification purposes, individual should provide their full 
name, Social Security Number (SSN), dates of confinement, any details, 
which may assist in locating records, and their signature.
    In addition, the requester must provide a notarized statement or an 
unsworn declaration made in accordance with 28 U.S.C. 1746, in the 
following format:
    If executed outside the United States: `I declare (or certify, 
verify, or state) under penalty of perjury under the laws of the United 
States of America that the foregoing is true and correct. Executed on 
(date). (Signature)'.
    If executed within the United States, its territories, possessions, 
or commonwealths: `I declare (or certify, verify, or state) under 
penalty of perjury that the foregoing is true and correct. Executed on 
(date). (Signature)'.

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/U.S. Army 
Criminal Investigation Command personnel and/or reports; informants; 
various Federal, State and local investigative and law enforcement 
agencies; foreign governments; and other individual or organization 
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. 2010-15637 Filed 6-25-10; 8:45 am]
BILLING CODE 5001-06-P