[Federal Register Volume 68, Number 141 (Wednesday, July 23, 2003)]
[Notices]
[Pages 43498-43500]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-18644]


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DEPARTMENT OF DEFENSE

Office of the Secretary


Privacy Act of 1974; System of Records

AGENCY: Office of the Secretary, DoD.

ACTION: Notice to Amend a System of Records.

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SUMMARY: The Office of the Secretary is amending a system of records 
notice in its inventory of records systems subject to the Privacy Act 
of 1974, as amended (5 U.S.C. 552a). The amended system of records 
notice reflects the agency's name change from the `Defense Protective 
Service' to the `Pentagon Force Protection Agency'.

DATES: The changes will be effective on August 22, 2003 unless comments 
are received that would result in a contrary determination.

ADDRESSES: Send comments to OSD Privacy Act Coordinator, Records 
Management Section, Washington Headquarters Services, 1155 Defense 
Pentagon, Washington, DC 20301-1155.

FOR FURTHER INFORMATION CONTACT: Mr. Dan Cragg at (703) 601-4722.

SUPPLEMENTARY INFORMATION: The Office of the Secretary of Defense 
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 above.
    The specific changes to the records system being amended are set 
forth below followed by the notice, as amended, published in its 
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: July 15, 2003.
Patricia L. Toppings,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
DWHS P42

System name:
    DPS Incident Reporting and Investigations Case Files (March 24, 
1994, 59 FR 13938).

Changes

* * * * *


System name:
    Delete entry and replace with `Pentagon Police Department Incident 
Reporting and Investigations Case Files'.

System location:
    Delete entry and replace with `Pentagon Force Protection Agency, 
9000 Defense Pentagon, Washington, DC 20301-9000.'
* * * * *

System manager(s) and address:
    Delete entry and replace with `Chief Information Officer, Pentagon 
Force Protection Agency, 9000 Defense Pentagon, Washington, DC 20301-
9000'.
* * * * *
DWHS P42

System name:
    Pentagon Police Department Incident Reporting and Investigations 
Case Files.

System location:
    Pentagon Force Protection Agency, 9000 Defense Pentagon, 
Washington, DC 20301-9000.

Categories of individuals covered by the system:
    Persons who are the source of an initial complaint or allegation 
that a crime took place.
    Witnesses having information or evidence about any aspect of an 
investigation.
    Suspects in the criminal situation who are subjects of an 
investigation. Persons who may pose a threat to the Secretary of 
Defense, the Deputy Secretary of Defense and other Senior Defense 
Officials.
    Persons who may pose a threat to the personal safety of themselves 
or others while in the Pentagon Force Protection Agency/Pentagon Police 
Department (PFPA/PPD) controlled jurisdiction.

[[Page 43499]]

    Subjects of investigations on non-criminal matters.
    Current and former applicants for the position of PFPA/PPD Officer.
    Sources of information and evidence. The identity of these 
individuals may be confidential as appropriate to the subject matter 
they contribute. These files contain information vital to the outcome 
of administrative procedures and civil and criminal cases.
    Individuals associated with terrorism or terrorist groups and 
activities and names of regional, nationwide, and worldwide terrorist 
organizations.

Categories of records in the system:
    Preliminary and other reports of criminal investigations from the 
opening of a case until it is closed. These records are instituted and 
maintained at varying points in the process. The processes of criminal 
justice and civil and administrative remedies may require their partial 
or total disclosure.
    Security files contain information such as name, date and place of 
birth, address, Social Security Number, education, occupation, 
experience, and investigatory material. Contingency Planning/Analysis 
files contain information such as names and other identifying 
information and investigatory material on an individual associated with 
terrorists or terrorist groups and activities. File contains 
information about regional, nationwide, and worldwide terrorist 
organizations and their effects on security of DoD facilities under the 
jurisdiction of PFPA. Intelligence briefs; tactical, operational, and 
strategic informational reports; regional and nationwide contingency 
analysis; contingency action plans; and patterns and trends of 
potential or actual terrorists or terrorist groups, or other activities 
that could disrupt the orderly operation of Defense-owned or controlled 
facilities over which the PFPA has jurisdiction.
    Documents created in enforcing regulations regarding motor vehicle 
movement and parking on Federal premises including reports of traffic 
accidents, traffic violation notices and similar records maintained by 
PFPA.

Authority for maintenance of the system:
    Section 21, Internal Security Act of 1950 (Pub. L. 831, 81st 
Cong.); 40 U.S.C. 318, as delegated by Administrator, General Services 
Administration, to the Deputy Secretary of Defense, September 1987, and 
E.O. 9397 (SSN).

Purpose(s):
    Information in this system supports the public safety, law 
enforcement, facility security, and contingency planning functions of 
the PFPA. Additional functions supported include information on current 
and former applicants for the position of PFPA/PPD Officer and Internal 
Affairs investigative records.

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:
    To a Federal, state, local, or foreign agency responsible for 
investigating, prosecuting, enforcing, or carrying out a statute, rule, 
regulation, or order, where the agency is aware of a violation or 
potential violation of civil or criminal law or regulation.
    To an appeal, grievance, or formal complaints examiner; equal 
employment opportunity investigator; arbitrator; exclusive 
representative; or other officials engaged in investigating, or 
settling a grievance, complaint or appeal filed by an employee.
    To various bureaus and divisions of the Department of Justice that 
have primary jurisdiction over subject matter and location which PFPA 
shares.
    To law enforcement agencies which have lawfully participated in and 
conducted investigation jointly with PFPA.
    Pursuant to the order of a court of competent jurisdiction, when 
the United States is party to or has interest in litigation, and using 
the records is relevant, necessary, and compatible with the purposes of 
collecting the information.
    To an insurance company of one or more parties when an insured is 
involved in an injury or accident in the PFPA jurisdiction and an 
Accident Report is required to resolve claims or to settle matters of 
record.
    The DoD `Blanket Routine Uses' set forth at the beginning of OSD's 
compilation of systems of records notices 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 in file cabinets. Magnetic media in 
controlled access areas for both on-line and storage disks.

Retrievability:
    Paper records by case control number and type of incident. Magnetic 
files by case control number, name, address, and physical description 
of subject individual.

Safeguards:
    Paper records are stored in secure filing cabinets in room with 
built-in-position dial-type combination safe lock. Computer records are 
maintained in limited access sites on a system protected by a software-
controlled password system.

Retention and disposal:
    Non-criminal records are destroyed one year after case is closed.
    Criminal records are cutoff when case is closed and placed in an 
inactive file for three years. After three years in the inactive file, 
the records are retired to the Washington National Records Center for 
an additional 15 years, after which time they will be destroyed. 
Information on current and former applicants for position of PFPA/PPD 
Officer are maintained two years and then destroyed.
    Contingency planning and analysis files pertaining to regional, 
nationwide, and worldwide terrorist organizations and their potential 
effects of the security of DoD facilities are destroyed when 
superseded, obsolete, or no longer needed.

System manager(s) and address:
    Chief Information Officer, Pentagon Force Protection Agency, 9000 
Defense Pentagon, Washington, DC 20301-9000.

Notification procedure:
    Individuals seeking to determine whether this system of records 
contains information about themselves should address inquiries to the 
Pentagon Force Protection Agency, 9000 Defense Pentagon, Washington, DC 
20301-9000.

Record access procedures:
    Individuals seeking access to records about themselves contained in 
this system of records should address inquiries to the Pentagon Force 
Protection Agency, 9000 Defense Pentagon, Washington, DC 20301-9000.

Contesting record procedures:
    The OSD rules for accessing records, for contesting contents and 
appealing initial agency determinations are published in OSD 
Administrative Instruction 81; 32 CFR part 311; or may be obtained from 
the system manager.

Record source categories:
    Investigators, informants, witnesses, official records, 
investigative leads, statements, depositions, business records, or any 
other information source available to PFPA.

[[Page 43500]]

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. The criminal 
investigation case file and contingency planning and analysis file may 
be partially or totally subject to the general exemption.
    An exemption rule for this record system has been promulgated in 
accordance with the requirements of 5 U.S.C. 553(b) (1), (2), and (3), 
(c) and (e) and published in 32 CFR part 311. For additional 
information contact the system manager.

[FR Doc. 03-18644 Filed 7-22-03; 8:45 am]
BILLING CODE 5001-08-P