Privacy Act of 1974; System of Records, 69445-69447 [2012-28012]

Agencies

• DEPARTMENT OF DEFENSE
• Department of the Army

[Federal Register Volume 77, Number 223 (Monday, November 19, 2012)]
[Notices]
[Pages 69445-69447]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-28012]


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DEPARTMENT OF DEFENSE

Department of the Army

[Docket ID USA-2012-0013]


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 in its 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 on December 20, 2012 
unless comments are received which result in a contrary determination. 
Comments will be accepted on or before December 19, 2012.

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, 4800 Mark 
Center Drive, East Tower, 2nd Floor, Suite 02G09, Alexandria, VA 22350-
3100.
    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, Jr., Department of 
the Army, Privacy Office, U.S. Army Records Management and 
Declassification Agency, 7701 Telegraph Road, Casey Building, Suite 
144, Alexandria, VA 22315-3827 or by phone at 703-428-6185.

SUPPLEMENTARY INFORMATION: The Department of 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 address in FOR FURTHER INFORMATION CONTACT. The proposed 
system report, as required by 5 U.S.C. 552a(r) of the Privacy Act of 
1974, as amended, was submitted on October 11, 2012, to the House 
Committee on Oversight and Government Reform, the Senate Committee on 
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).


[[Page 69446]]


    Dated: November 14, 2012.
Aaron Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
A0190-45 OPMG

System name:
    Military Police Reporting System (MPRS) (July 7, 2008, 73 FR 
38419).

Changes
* * * * *

System name:
    Delete entry and replace with ``Military Police Reporting Program 
Records (MPRP).''

System location:
    Delete entry and replace with ``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 are maintained at the U.S. Army 
Crime Records Center, 27130 Telegraph Road, Quantico, VA 22134-2253. 
Automated records of the Military Police Report are maintained in the 
Centralized Operations Police Suite (COPS); the Automated Criminal 
Investigative and Intelligence data file (ACI2) located at Office of 
the Provost Marshal General, 2800 Army Pentagon, Washington, DC 20310-
2800.''

Categories of individuals covered by the system:
    Delete entry and replace with ``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:
    Delete entry and replace with ``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. Specific data to include: Name, Social 
Security Number (SSN), rank, date and place of birth, chronology of 
events; reports of investigation and criminal intelligence reports 
containing statements of witnesses, suspects, subject and responding 
Police Officer; 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. Indices contain codes for 
the type of crime, location of investigation, year and date of offense, 
names and personal identifiers consisting of driver license numbers, 
Service component, organization, sex, marital status, height, weight, 
eye color, hair color, race, ethnicity, complexion, nation of origin, 
home and work telephone numbers, and citizenship of persons who have 
been subjects of 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 consisting of name, SSN, rank, date and 
place of birth, driver license numbers, Service Component, 
organization, sex, marital status, height, weight, eye color, hair 
color, race, ethnicity, complexion, nation of origin, home and work 
telephone numbers, and citizenship.''

Authority for maintenance of the system:
    Delete entry and replace with ``10 U.S.C. 3013, Secretary of the 
Army; 18 U.S.C. 921-922, Brady Handgun Violence Prevention Act; 28 
U.S.C. 534, Uniform Federal Crime Reporting Act of 1988; 42 U.S.C. 5119 
et seq., National Child Protection Act of 1993; 42 U.S.C. 10607, 
Victims' Rights and Restitution Act of 1990; Section 105 of the 
Immigration and Naturalization Act of 1952; DoD Directive 10310.1, 
Victim and Witness Assistance; Army Regulation 190-45, Military Police 
Law Enforcement Reporting; Army Regulation 195-2, Criminal 
Investigative Activities; and E.O. 9397 (SSN), as amended.''

Purpose(s):
    Delete entry and replace with ``Provides detailed criminal 
investigative information to Commanders and designated Army officials 
to foster a positive environment, promote and safeguard the morale, 
physical well-being and general welfare of Soldiers in their units. 
Enables the maintenance of discipline, law, and order through 
investigation of complaints and incidents and possible criminal 
prosecution, civil court action, or regulatory order in accordance with 
United States Law.
    To conduct criminal investigations, crime prevention, prevention of 
high risk behavior and criminal intelligence activities; to accomplish 
management studies involving the analysis, compilation of statistics, 
and quality control, 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.
    To provide brigade-level or higher commanders with criminal history 
reports, in accordance with Army Policy, to identify Soldiers with 
founded criminal offenses and open investigations occurring during 
their period of service.
    To determine 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.''

Routine uses of records maintained in the system, including categories 
of users and the purposes of such uses:
    Delete entry and replace with ``In addition to those disclosures 
generally permitted under 5 U.S.C. 552a(b) of the Privacy Act of 1974, 
as amended, 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 be disclosed to foreign countries under the 
provisions of international agreements and arrangements including the 
Status of Forces Agreements regulating the stationing and status of DoD 
military and civilian personnel, or Treaties.
    To the Department of Veterans Affairs to adjudicate veteran claims 
for

[[Page 69447]]

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 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 or their family members.
    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 may also apply to this 
system.''
* * * * *

Retrievability:
    Delete entry and replace with ``By individual's name, date of 
birth, SSN, and case number.''

Safeguards:
    Delete entry and Replace with ``Access to system with sensitive 
information is controlled by DoD Common Access Card authentication with 
PKI encryption for authorized users having a need to know.
    Criminal Records Reports will be sent via authorized government 
electronic mail with PKI encryption only to the brigade-level or higher 
commanders with a need-to-know. Need to know includes persons whose 
official duties require access to information for purposes relating to 
risk assessment and management (e.g. The Soldier's chain of command, 
unit legal officers/NCO, adjutants).
    Paper Records stored in secure container/file cabinet with access 
restricted to those with a need to know includes persons whose official 
duties require access to information for purposes relating to risk 
assessment and management (e.g. The Soldier's chain of command, unit 
legal officers/NCO, adjutants).''

Retention and disposal:
    Delete entry and replace with ``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 
electronic file is destroyed after 5 years.
    Soldier's Criminal history reports sent to commanders are deleted 
or destroyed by shredding after the Soldier departs the unit.''

System Manager(s) and Address:
    Delete entry and replace with ``Office of the Provost Marshal 
General, 2800 Army Pentagon, Washington, DC 20310-2800.''

Notification Procedure:
    Delete entry and replace with ``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, 27130 Telegraph Road, Quantico, VA 22134-2253.
    Individual should provide the full name, SSN, date and place of the 
incident.
    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 State 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, U.S. Army Crime Records Center, 
27130 Telegraph Road, Quantico, VA 22134-2253.
    Individual should provide the full name, SSN, date and place of the 
incident and 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 State 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).''
* * * * *
[FR Doc. 2012-28012 Filed 11-16-12; 8:45 am]
BILLING CODE 5001-06-P