[Federal Register Volume 59, Number 166 (Monday, August 29, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-21162]


[[Page Unknown]]

[Federal Register: August 29, 1994]


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DEPARTMENT OF DEFENSE
 

Privacy Act of 1974; Notice to Amend a System

AGENCY: Department of the Army, DOD.

ACTION: Notice to amend a system.

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SUMMARY: The Department of the Army is amending one system of records 
notice in its existing inventory of records system 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 
September 28, 1994, unless comments are received which result in a 
contrary determination.

ADDRESSES: U.S. Army Information Systems Command, ATTN: ASOP-MP, Fort 
Huachuca, AZ 85613-5000.

FOR FURTHER INFORMATION CONTACT: Ms. Pat Turner at (602) 538-6856 or 
DSN 879-6856.

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 change to the record system being amended is set forth 
below. The proposed amendment is 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 reports.
    Dated: August 22, 1994.

Patricia L. Toppings,
Alternate OSD Federal Register Liaison Officer, Department of Defense.

A0381-l00bDAMI
    Technical Surveillance Index (February 22, 1993, 58 FR 10128).
* * * * *
    Delete entry and replace with `The intelligence portions of the 
index are located at the Investigative Records Repository, U.S. Army 
Central Security Facility, U.S. Army Intelligence and Security Command, 
902d Military Intelligence Group, ATTN: IAGPA-CSF-R, Fort Meade, MD 
20755-5995; and
    The law enforcement portions of the index are located at the U.S. 
Army Crime Records Center, ATTN: CICR-ZA, 2301 Chesapeake Avenue, 
Baltimore, MD 21222-4099.''
    Delete entry and replace with `Persons under investigation by 
military law enforcement or military intelligence activities and 
parties to the conversation whose conversations have been intercepted 
during electronic surveillance operations conducted by, or on behalf 
of, the Army.''
    Delete and replace with `The person who is the subject of the 
surveillance and to the extent known, names of each identifiable person 
whose communications were intercepted; language of conversation; Social 
Security Numbers; telephone number, radio frequencies or radio call 
signs involved; address of premise at which surveillance was conducted; 
title or number of the investigative file; element maintaining the case 
file and date or dates of the interceptions.
    Also may include backup material (i.e., electronic surveillance 
information that was used, retained, or disseminated) when not filed as 
part of the investigative file.''
    Delete entry and replace with `18 U.S.C. 2510-2520 and 3504; DoD 
5240.1-R as implemented by Army Regulation 381-10, U.S. Army 
Intelligence Activities; and DoD 5200.24 as implemented by Army 
Regulation 190-53, Interception of Wire and Oral Communications for Law 
Enforcement Purposes; and E.O. 9397.''
    Delete entry and replace with `To enable Military Law Enforcement 
and Counterintelligence agencies to quickly locate records of 
electronic surveillance activities in response to motions for discovery 
and inquiries and court documents.''
* * * * *
    Delete entry and replace with `By a combination of name, address, 
Social Security Number, telephone number, radio frequency, call sign, 
or case designation.''
    Delete entry after first sentence, and add the following `Computer 
based index is maintained in `fail-safe'' system software with password 
protected access. Paper records are maintained in General Services 
Administration approved security containers, physically separated from 
other materials, and are accessible only to authorized personnel who 
are properly screened, cleared, and trained.''
    Delete entry and replace with `Investigative Records Repository 
computer index entries are deleted 10 years after date of interception 
or upon destruction (shredding, burning, pulping or magnetic erasing) 
or transfer to the National Archives of case file containing electronic 
surveillance information. Transfer dates occur 25, 30, and 50 years 
after the date of the most current material in the file as governed by 
retention period applied to the case dossier.
    Crime Records Center documents and related interception will be 
maintained for the period of time consistent to the investigative 
record to which they pertain, i.e., 3, 5, and 40 years. Disposal will 
be through shredding, burning or pulping and magnetic erasing.
    Tapes obtained as the result of domestic non-consensual 
interceptions and retained as backup material will be kept for 10 
years.''
    Add to entry `The U.S. Army Criminal Investigations Command, 5611 
Columbia Pike, Falls Church, VA 22041-2015 for the law enforcement 
portion of the index.''
* * * * *
    Delete entry and replace with `Army and other federal, state and 
local investigative agencies.''
* * * * *
A0381-100bDAMI
    Technical Surveillance Index.
    The intelligence portions of the index are located at the 
Investigative Records Repository, U.S. Army Central Security Facility, 
U.S. Army Intelligence and Security Command, 902d Military Intelligence 
Group, ATTN: IAGPA-CSF-R, Fort Meade, MD 20755-5995; and
    The law enforcement portions of the index are located at the U.S. 
Army Crime Records Center, ATTN: CICR-ZA, 2301 Chesapeake Avenue, 
Baltimore, MD 21222-4099.
    Persons under investigation by military law enforcement or military 
intelligence activities and parties to the conversation whose 
conversations have been intercepted during electronic surveillance 
operations conducted by, or on behalf of, the Army.
    The person who is the subject of the surveillance and to the extent 
known, names of each identifiable person whose communications were 
intercepted; language of conversation; Social Security Numbers; 
telephone number, radio frequencies or radio call signs involved; 
address of premise at which surveillance was conducted; title or number 
of the investigative file; element maintaining the case file and date 
or dates of the interceptions.
    Also may include backup material (i.e., electronic surveillance 
information that was used, retained, or disseminated) when not filed as 
part of the investigative file.
    18 U.S.C. 2510-2520 and 3504; DoD 5240.1-R as implemented by Army 
Regulation 381-10, U.S. Army Intelligence Activities; and DoD 5200.24 
as implemented by Army Regulation 190-53, Interception of Wire and Oral 
Communications for Law Enforcement Purposes; and E.O. 9397
    To enable Military Law Enforcement and Counterintelligence agencies 
to quickly locate records of electronic surveillance activities in 
response to motions for discovery and inquiries and court documents.
    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:
    The `Blanket Routine Uses' published at the beginning of the Army's 
compilation of systems of records notices apply to this system.
    Maintained on computers, micro-imaging, and paper records.
    By a combination of name, address, Social Security Number, 
telephone number, radio frequency, call sign, or case designation.
    Access to buildings is controlled by security guards. Computer 
based index is maintained in `fail-safe' system software with password 
protected access. Paper records are maintained in General Services 
Administration approved security containers, physically separated from 
other materials, and are accessible only to authorized personnel who 
are properly screened, cleared, and trained.
    Investigative Records Repository computer index entries are deleted 
10 years after date of interception or upon destruction (shredding, 
burning, pulping or magnetic erasing) or transfer to the National 
Archives of case file containing electronic surveillance information. 
Transfer dates occur 25, 30, and 50 years after the date of the most 
current material in the file as governed by retention period applied to 
the case dossier.
    Crime Records Center documents and related interception will be 
maintained for the period of time consistent to the investigative 
record to which they pertain, i.e., 3, 5, and 40 years. Disposal will 
be through shredding, burning or pulping and magnetic erasing.
    Tapes obtained as the result of domestic non-consensual 
interceptions and retained as backup material will be kept for 10 
years.
    The Deputy Chief of Staff for Intelligence, Headquarters, 
Department of the Army, The Pentagon, Washington, DC 20310-1001 for the 
intelligence portion of the index.
    The U.S. Army Criminal Investigations Command, 5611 Columbia Pike, 
Falls Church, VA 22041-2015 for the law enforcement portion of the 
index.
    Individuals seeking to determine whether information about 
themselves is contained in this system should address written inquiries 
to the Director, U.S. Army Central Security Facility, USAINSCOM, 902d 
Military Intelligence Group, ATTN: IAGPA-CSF-F, Fort George G. Meade, 
MD 20755-5995, for intelligence records;
    Or to the Director, U.S. Army Crime Records Center, ATTN: CICR-FP, 
2301 Chesapeake Avenue, Baltimore, MD 21222-4099, for law enforcement 
records.
    Individual should provide full name, address, and Social Security 
Number in written request.
    Individuals seeking to determine whether information about 
themselves is contained in this system should address written inquiries 
to the Director, U.S. Army Central Security Facility, USAINSCOM, 902d 
Military Intelligence Group, ATTN: IAGPA-CSF-F, Fort George G. Meade, 
MD 20755-5995, for intelligence records;
    Or to the Director, U.S. Army Crime Records Center, ATTN: CICR-FP, 
2301 Chesapeake Avenue, Baltimore, MD 21222-4099, for law enforcement 
records.
    Individual should provide full name, address, and Social Security 
Number in written request.
    The Army's rules for accessing records, 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.
    Army and other federal, state and local investigative agencies.
    Portions of this system may be exempt under the provisions of 5 
U.S.C. 552a(k)(1), (k)(2), or (k)(5), as applicable.
    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), 
an (e) and published in 32 CFR part 505. For additional information 
contact the system manager.
[FR Doc. 94-21162 Filed 8-26-94; 8:45 am]
BILLING CODE 5000-04-F