[Federal Register Volume 67, Number 150 (Monday, August 5, 2002)]
[Notices]
[Pages 50653-50655]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-19604]


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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 is altering a system of records 
notice in its existing inventory of record systems subject to the 
Privacy Act of 1974, (5 U.S.C. 552a), as amended. The alteration adds 
four routine uses to the existing system of records.

DATES: This proposed action would be effective without further notice 
on September 4, 2002 unless comments are received which result in a 
contrary determination.

ADDRESSES: Records Management Division, U.S. Army Records Management 
and Declassification Agency, ATTN: TAPC-PDD-RP, Stop 5603, 6000 6th 
Street, Ft. Belvoir, VA 22060-5603.

FOR FURTHER INFORMATION CONTACT: Ms. Janice Thornton at (703) 806-4390 
or DSN 656-4390 or Ms. Christie King at (703) 806-3711 or DSN 656-3711.

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 proposed system report, as required by 5 U.S.C. 552a(r) of the 
Privacy Act of 1974, as amended, was submitted on July 22, 2002, to the 
House Committee on 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).

    Dated: July 30, 2002.
Patricia L. Toppings,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
A0195-2b USACIDC

System name:
    Criminal Investigation and Crime Laboratory Files (December 8, 
2000, 65 FR 77002).

Changes:
* * * * *

Categories of individuals covered by the system:
    Add `witnessing' to entry.

Categories of records in the system:
    Add `and criminal intelligence reports', `suspects', `polygraph 
reports', and `and intelligence' to entry.
* * * * *

Purpose(s):
    Delete entry and replace with `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.'

[[Page 50654]]

    Routine uses of records maintained in the system, including 
categories of users and the purposes of such uses:
    Add three new paragraphs `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 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.'

Storage:
    Delete entry and replace with `Paper records in file folders and on 
electronic media.'
* * * * *

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 5 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, 6010 6th 
Street, Building 1465, Fort Belvoir, VA 22060-5506.
    Segments exist at subordinate U.S. Army Criminal Investigation 
Command elements. Addresses may be obtained from the Commander, U.S. 
Army Criminal Investigation Command, 6010 6th Street, Building 1465, 
Fort Belvoir, VA 22060-5506.
    An automated index of cases is maintained at the U.S. Army Crime 
Records Center, U.S. Army Criminal Investigation Command, 6010 6th 
Street, Building 1465, Fort Belvoir, VA 22060-5506.

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 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).

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, 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 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 dramatic 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,

[[Page 50655]]

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 5 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, 
6010 6th Street, Building 1465, Fort Belvoir, VA 22060-5506.

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, 6010 6th Street, Building 1465, 
Fort Belvoir, VA 22060-5585.
    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, 6010 6th Street, Building 1465, Fort Belvoir, VA 22060-
5585.
    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 340-21; 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. 02-19604 Filed 8-2-02; 8:45 am]
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