[Federal Register Volume 64, Number 162 (Monday, August 23, 1999)]
[Notices]
[Pages 45957-45959]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-21740]


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DEPARTMENT OF DEFENSE

Department of the Army


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 record system 
of records in its inventory of system of records notices subject to the 
Privacy Act of 1974 (5 U.S.C. 552a), as amended. The alteration adds a 
category of records and three routine uses to the existing system of 
records.

DATES: The action will be effective without further notice on September 
22, 1999, unless comments are received that would result in a contrary 
determination.

ADDRESSES: Privacy Act Officer, Records Management Program Division, 
U.S. Total Army Personnel Command, ATTN: TAPC-PDR-P, Stop C55, Ft. 
Belvoir, VA 22060-5576.

FOR FURTHER INFORMATION CONTACT: Ms. Janice Thornton at (703) 806-4390 
or DSN 656-4390.

SUPPLEMENTARY INFORMATION: The complete inventory of the Department of 
the Army's record system notices for records systems 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 August 3, 1999, to 
the House Committee on Government Reform, the Senate Committee on 
Government 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: August 17, 1999.
L.M. Bynum,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
A0190-47 DAMO

SYSTEM NAME:
    Correctional Reporting System (CRS) (February 22, 1993, 58 FR 
10002).

CHANGES:
* * * * *

SYSTEM LOCATION:
    Delete entry and replace with ``Army Regional Correctional 
Facilities and U.S. Army Correctional Activity, Fort Riley, KS; U.S. 
Disciplinary Barracks, Fort Leavenworth, KS.
    The Army Clemency Board Office, Assistant Secretary of the Army, 
Manpower and Reserve Affairs, Washington, DC 20310-0110 (for decisions 
on clemency recommendations, parole actions, and restoration to 
duty).''
* * * * *

CATEGORIES OF RECORDS IN THE SYSTEM:
    Add to end of entry ``Names, addresses, and telephone numbers of 
victims/witnesses.''
* * * * *

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    Add to entry ``Victim's Rights and Restitution Act of 1990 as 
implemented by DoD Directive 1030.1 and DoD Instruction 1030.2; and 
Army Regulation 190-47, The Army Corrections System.''
* * * * *

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSES OF SUCH USES:
    Add three paragraphs to entry ``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 and (2)

[[Page 45958]]

information about the individual for inclusion in a state operated sex 
offender registry.
    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 crime for the purpose of notifying them 
of date of parole or clemency hearing and other release related 
activities.''
* * * * *
A0190--47 DAMO

SYSTEM NAME:
    Correctional Reporting System (CRS).

SYSTEM LOCATION:
    Army Regional Correctional Facilities and U.S. Army Correctional 
Activity, Fort Riley, KS; U.S. Disciplinary barracks, Fort Leavenworth, 
KS.
    The Army Clemency Board Office, Assistant Secretary of the Army, 
Manpower and Reserve Affairs, Washington, DC 20310-0110 (for decisions 
on clemency recommendations, parole actions, and restoration to duty).

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Any military member confined at an Army confinement or correctional 
facility as a result of, or pending, trial by courts-martial.

CATEGORIES OR RECORDS IN THE SYSTEM:
    Documents related to the administration of individual military 
prisoners; courts-martial orders, release/confinement orders, 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 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 
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. 951, NOTE; Victim's Rights and Restitution Act of 1990 as 
implemented by DoD Directive 1030.1 and DoD Instruction 1030.2; and 
Army Regulation 190-47, The Army Corrections System; and E.O. 9397 
(SSN).

PURPOSE(S):
    Correctional treatment records are used to determine prisoner's 
custody classifications, work assignments, educational needs, 
adjustment to confinement, areas of particular concern, and, as the 
basis for clemency, parole and restoration to duty considerations.
    Automated records provide pertinent information required for proper 
management of confinement facility population, demographic studies, 
status of discipline and responsiveness of personnel procedures, as 
well as confinement utilization factors such as population turnover, 
recidivism, etc.

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 a routine use 
pursuant to 5 U.S.C. 552a(b)(3) as follows:
    Information may be disclosed to local, state, and federal law 
enforcement and investigation agencies for investigation and possible 
criminal prosecution, civil court actions or regulatory orders.
    To 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 and (2) 
information about the individual for inclusion in a state operated sex 
offender registry.
    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 crime for the purpose of notifying them 
of date of parole or clemency hearing and other release related 
activities.
    The `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 STRONG, RETRIEVING, ACCESSING, RETAINING, 
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
    Paper records in file folders and computerized data base.

RETRIEVABILITY:
    By prisoner's surname and/or Social Security Number/register 
number.

SAFEGUARDS:
    All records are maintained in areas accessible only to designated 
personnel having official need therefor. 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. Technical, physical, and administrative 
safeguards required by Army Regulation 380-19, Information Systems 
Security, are met at installation data processing centers and 
information is secured in locked rooms with limited/controlled access. 
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 Correctional Activity (USACA) or U.S. Disciplinary Barracks (USDB) 
are retained for 90 days following expiration of sentence/completion of 
parole/maximum release date, following which they are retired to the 
national Personnel Records Center for 25 years; destruction is by 
shredding. Similar records for prisoners in local Army confinement and 
correctional facilities are destroyed 4 years following release of 
prisoner from confinement.

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


[[Page 45959]]


    Information on tape/disc is erased after 3 years.
    Army Clemency Board case files are returned on completion of Board 
action to USACA or USDB, as appropriate, where they are retained for 90 
days after prisoner's release from confinement or return to duty, 
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:
    Deputy Chief of Staff for Operations and Plans, ATTN: DAMO-ODL, 
Headquarters, Department of the Army, Washington, DC 20310-0580.

NOTIFICATION PROCEDURE:
    Individuals seeking to determine whether information about 
themselves is contained in this system should address written inquiries 
to the commander of the confinement/correctional facility, or to the 
Deputy Chief of Staff for Operations and Plans, ATTN: DAMO-ODL, 
Headquarters, Department of the Army, Washington, DC 20310-0440.
    Individual should provide the full name, Social Security Number, 
present address, and dates of confinement and signature.

RECORD ACCESS PROCEDURES:
    Individuals seeking access to information about themselves 
contained in this system should address written inquiries to the 
confinement/correctional facility where a prisoner, or to the Deputy 
Chief of Staff for Operations and Plans, ATTN: DAMO-ODL, Headquarters, 
Department of the Army, Washington, DC 20310-0440
    Individual should provide the full name, Social Security Number, 
present address, and dates of confinement 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 340-21; 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. 99-21740 Filed 8-20-99; 8:45 am]
BILLING CODE 5001-10-M