Privacy Act of 1974; System of Records, 50721-50723 [2011-20712]

Agencies

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

[Federal Register Volume 76, Number 158 (Tuesday, August 16, 2011)]
[Notices]
[Pages 50721-50723]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-20712]


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DEPARTMENT OF DEFENSE

Department of the Army

[Docket ID USA-2011-0020]


Privacy Act of 1974; System of Records

AGENCY: Department of the Army, Department of Defense (DoD).

ACTION: Notice to amend a system of records.

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SUMMARY: The Department of the Army is proposing to amend a 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: The changes will be effective on September 15, 2011 unless 
comments are received that would 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, 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, or by phone at (703) 428-6185.

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 in FOR FURTHER INFORMATION CONTACT.
    The specific changes to the records systems being amended are set 
forth below followed by the notices, as amended, published in their 
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: August 10, 2011.
Aaron Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
A0195-2b USACIDC

System Name:
    Criminal Investigation and Crime Laboratory Files (August 1, 2011, 
76 FR 45783).

Changes:
* * * * *

Retention and disposal:
    Delete entry and replace with ``Reports of Investigation: At 
Headquarters, U.S. Army Criminal Investigation Command (USACIDC), 
criminal investigative case files are retained for 40 years after final 
action, except that at USACIDC subordinate elements, such files are 
retained from 1 to 5 years depending on the level of such unit and the 
data involved.

Laboratory Reports:
    Laboratory reports at the USACIDC laboratory are destroyed after 40 
years.

Criminal Intelligence Reports:
    At Headquarters, USACIDC Intelligence Division criminal 
intelligence reports are destroyed when no longer needed. Except 
reports containing information of current operation value may be kept 
and reviewed yearly for continued retention, not to exceed 20 years. 
Group headquarters destroy after 5 years. District and field office 
elements destroy after 3 years or when no longer needed.''
* * * * *
A0195-2b USACIDC

System name:
    Criminal Investigation and Crime Laboratory Files.

System location:
    Headquarters, U.S. Army Criminal Investigation Command, 27130 
Telegraph Road, Quantico, VA 22134-2253.
    Segments exist at subordinate U.S. Army Criminal Investigation 
Command elements. Addresses may be obtained from the Commander, U.S. 
Army Criminal Investigation Command, 27130 Telegraph Road, Quantico, VA 
22134-2253.
    An automated index of cases is maintained at the U.S. Army Crime 
Records Center, U.S. Army Criminal Investigation Command, 27130 
Telegraph Road, Quantico, VA 22134-2253.

Categories of individuals covered by the system:
    Any individual, civilian or military, involved in, witnessing or 
suspected of being involved in or reporting possible criminal activity 
affecting the interests, property, and/or personnel of the U.S. Army.

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 the report; basis for allegations; 
Serious or Sensitive Incident Reports, modus operandi and other 
investigative information from Federal, State, and local investigative 
and intelligence agencies and departments; similar relevant documents. 
Indices contain codes for the type of crime, location of investigation, 
year and date of offense, names and personal identifiers of persons who 
have been subjects of

[[Page 50722]]

electronic surveillance, suspects, subjects and victims of crimes, 
report number which allows access to records noted above; agencies, 
firms, Army and Defense Department organizations which were the 
subjects or victims of criminal investigations; and disposition and 
suspense of offenders listed in criminal investigative case files, 
witness identification data.

Authority for maintenance of the system:
    10 U.S.C. 3013, Secretary of the Army; Army Regulation 195-2, 
Criminal Investigation Activities; 42 U.S.C. 10606 et seq.; DoD 
Directive 1030.1, Victim and Witness Assistance; and E.O. 9397 (SSN), 
as amended.

Purpose(s):
    To conduct criminal investigations, crime prevention and criminal 
intelligence activities; to accomplish management studies involving the 
analysis, compilation of statistics, quality control, etc., to ensure 
that completed investigations are legally sufficient and result in 
overall improvement in techniques, training and professionalism. 
Includes personnel security, internal security, criminal, and other law 
enforcement matters, all of which are essential to the effective 
operation of the Department of the Army.
    The records in this system are used for the following purposes: 
Suitability for access or continued access to classified information; 
suitability for promotion, employment, or assignment; suitability for 
access to military installations or industrial firms engaged in 
government projects/contracts; suitability for awards or similar 
benefits; use in current law enforcement investigation or program of 
any type including applicants; use in judicial or adjudicative 
proceedings including litigation or in accordance with a court order; 
advising higher authorities and Army commands of the important 
developments impacting on security, good order or discipline; reporting 
of statistical data to Army commands and higher authority; input into 
the Defense Security Service managed Defense Clearance and 
Investigations Index (DCII) database under system notice V5-02.

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:
    Information concerning criminal or possible criminal activity is 
disclosed to Federal, State, local and/or foreign law enforcement 
agencies in accomplishing and enforcing criminal laws; analyzing modus 
operandi, detecting organized criminal activity, or criminal justice 
employment. Information may also be disclosed to foreign countries 
under the provisions of the Status of Forces Agreements, or Treaties.
    To the Department of Veterans Affairs to verify veterans claims. 
Criminal investigative files may be used to adjudicate veteran claims 
for disability benefits, post traumatic stress disorder, and other 
veteran entitlements.
    To Federal, state, and local agencies to comply with the Victim and 
Witness Assistance Program and the Victims' Rights and Restitution Act 
of 1990, when the agency is requesting information on behalf of the 
individual.
    To Federal, state, and local law enforcement agencies and private 
sector entities for the purposes of complying with mandatory background 
checks, i.e., Brady Handgun Violence Prevention Act (18 U.S.C. 922) and 
the National Child Protection Act of 1993 (42 U.S.C. 5119 et seq.).
    To Federal, state, and local child protection services or family 
support agencies for the purpose of providing assistance to the 
individual.
    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.
    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.
    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 on electronic media.

Retrievability:
    By name or other identifier of individual.

Safeguards:
    Access is limited to designated authorized individuals having 
official need for the information in the performance of their duties. 
Buildings' housing records are protected by security guards.

Retention and disposal:
    Reports of Investigation: At Headquarters, U.S. Army Criminal 
Investigation Command (USACIDC), criminal investigative case files are 
retained for 40 years after final action, except that at USACIDC 
subordinate elements, such files are retained from 1 to 5 years 
depending on the level of such unit and the data involved.

Laboratory Reports:
    Laboratory reports at the USACIDC laboratory are destroyed after 40 
years.

Criminal Intelligence Reports:
    At Headquarters, USACIDC Intelligence Division criminal 
intelligence reports are destroyed when no longer needed. Except 
reports containing information of current operation value may be kept 
and reviewed yearly for continued retention, not to exceed 20 years. 
Group headquarters destroy after 5 years. District and field office 
elements destroy after 3 years or when no longer needed.

System manager(s) and address:
    Commander, Headquarters, U.S. Army Criminal Investigation Command, 
27130 Telegraph Road, Quantico, VA 22134-2253.

Notification procedure:
    Individuals seeking to determine whether information about 
themselves is contained in this system should address written inquiries 
to the Director, U.S. Army Crime Records Center, U.S. Army Criminal 
Investigation Command, Attn: CICR-FP, 27130 Telegraph Road, Quantico, 
VA 22134-2253.
    For verification purposes, individual should provide the full name, 
date and place of birth, current address, telephone numbers, and 
signature.

Record access procedures:
    Individual seeking access to information about themselves contained 
in this system should address written inquiries to the Director, U.S. 
Army Crime Records Center, U.S. Army Criminal Investigation Command, 
Attn: CICR-FP, 27130 Telegraph Road, Quantico, VA 22134-2253.
    For verification purposes, individual should provide the 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 determinations are contained in Army 
Regulation 340-

[[Page 50723]]

21; 32 CFR part 505; or may be obtained from the system manager.

Record source categories:
    Suspects, witnesses, victims, USACIDC special agents and other 
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.

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. 2011-20712 Filed 8-15-11; 8:45 am]
BILLING CODE 5001-06-P