[Federal Register Volume 71, Number 166 (Monday, August 28, 2006)]
[Notices]
[Pages 50894-50898]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-7186]


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DEPARTMENT OF DEFENSE

Department of the Air Force

[USAF-2006-0012]


Privacy Act of 1974; System of Records

AGENCY: Department of the Air Force, DoD.

ACTION: Notice to alter a record system.

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SUMMARY: The Department of the Air Force proposes to alter a system of 
records notice to its existing inventory of records systems subject to 
the Privacy Act of 1974 (5 U.S.C. 552a), as amended.

DATES: The actions will be effective on September 27, 2006 unless 
comments are received that would result in a contrary determination.

ADDRESSES: Send comments to the Air Force Privacy Act Officer, Office 
of Warfighting Integration and Chief Information Officer, SAF/XCISI, 
1800 Air Force Pentagon, Suite 220, Washington, DC 20330-1800.

FOR FURTHER INFORMATION CONTACT: Ms. Novella Hill at (703) 588-7855.

SUPPLEMENTARY INFORMATION: The Department of the Air Force'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 14, 2006, to 
the House Committee on Government Reform, the Senate Committee on 
Homeland Security and 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: August 21, 2006.
C.R. Choate,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
F071 AF OSI D

System name:
    Investigative Support Records (June 11, 1997, 62 FR 31973).

[[Page 50895]]

Changes:
* * * * *

System name:
    Delete entry and replace with ``Investigative Information 
Management System (I2MS).''

System location:
    Delete entry and replace with ``Headquarters, Air Force Office of 
Special Investigations (AFOSI), 1535 Command Drive, Andrews AFB, MD 
20762-7002.''

Categories of individuals covered by the system:
    Delete entry and replace with ``Any individual involved in, or 
suspected of being involved in, crimes or acts of terrorism affecting 
U.S. interests (e.g., property located in or outside of the United 
States), U.S. nationals, and/or U.S. personnel. Individuals who provide 
information that is relevant to the investigation, such as victims and 
witnesses, and individuals who report such crimes or acts. Individuals 
may include, but are not limited to, active duty, retired or former 
military personnel; current, retired and former Air Force civilian 
employees; applicants for enlistment or appointment; Air Force academy 
cadets, applicants and nominees; dependents of active duty, retired or 
former military personnel; current and former Armed Forces Exchange 
employees; union or association personnel; civilian contracting 
officers and their representatives; employees of the Peace Corps, the 
State Department, and the American Red Cross; Department of Defense 
employees and contractors; and foreign nationals residing in the U.S. 
and abroad.''

Categories of records in the system:
     Delete entry and replace with ``Reports of investigation, 
collection reports, statements of individuals, affidavits, 
correspondence, and other documentation pertaining to criminal 
collection activities, investigative surveys, technical, forensic, 
polygraph, and other investigative support to criminal and 
counterintelligence investigations to include source control 
documentation and region indices.''
    Add a second paragraph to read ``Data on individuals (victims, 
witnesses, complainants, offenders, and suspects) involved in incidents 
may include, but is not limited to, name; digital photograph; Social 
Security Number; date of birth; place of birth; home address and 
telephone number; duty/work address and telephone number; alias; race; 
ethnicity; sex; marital status; identifying marks (tattoos), scars, 
etc.); height; weight; eye and hair color; biometric data; date, 
location, nature and details of the incident/offense to include whether 
alcohol, drugs and/or weapons were involved; driver's license 
information; tickets issued; vehicle information; whether bias against 
any particular group was involved or if offense involved sexual 
harassment; actions taken by military commanders (e.g., administrative 
and/or non-judicial measures, to include sanctions imposed); referral 
action; court-martial results and punishment imposed; confinement 
information, to include location of correctional facility, gain/cult 
affiliation if applicable; and release/parole/clemency eligibility 
dates.''

Authority for maintenance of the system:
    Delete entry and replace with ``10 U.S.C. Chapter 47, Uniform Code 
of Military Justice, and 8013, Secretary of the Air Fore; 18 U.S.C. 922 
note, Brady Handgun Violence Prevention Act; 28 U.S.C. 534 note, 
Uniform Federal Crime Reporting Act; 42 U.S.C. 10601 et seq., Victims 
Rights and Restitution Act of 1990; and E.O. 9397; DoD Directive 
7730.47, Defense Incident Based Reporting System (DIBRS).''

Purpose(s):
    Delete entry and replace with ``To conduct and exercise overall 
responsibility within the Department of Air Force for all matters 
pertaining to the investigation of alleged crimes and acts of terrorism 
committed against U.S. citizens, U.S. property or interest; used in 
judicial and adjudicative proceedings including litigation or in 
accordance with a court order; and reporting of statistical data to 
Department of Defense officials.
    To assist (1) AFOSI and other Military commanders in directing and 
supporting criminal investigative, law enforcement, 
counterintelligence, and distinguished visitor protection program; (2) 
in managing the AFOSI criminal and counterintelligence investigative 
program at the various USAF and U.S. military installations worldwide; 
(3) USAF and other military commander sin identifying areas of possible 
criminality and in developing and managing the installation law 
enforcement, include crime prevention, program; (4) in managing the 
AFOSI source program; (5) in determining if, in fact, possible criminal 
activity requiring further specialized investigation is occurring in a 
specific area; (6) USAF and other authorized individuals to request 
AFOSI investigation; (7) USAF and other military commanders, as well as 
Department of Justice officials, to determine if judicial or 
administrative action is warranted; (8) in joint investigations by 
AFOSI and Federal, state, or local law enforcement agencies; (9) in 
joint investigations by AFOSI and foreign law enforcement agencies; 
(10) in developing and managing the AFOSI Distinguished Visitor 
Protection Program; (11) in developing and managing the AFOSI 
Investigative Survey Program for both appropriated and non-appropriated 
fun activities; (12) in recording technical investigative support 
provided to other investigative activities; (13) in reporting forensic 
and polygraph support to other investigative activities; (14) HQ USAF 
activities in the promotion, reassignment, and similar personnel 
actions for Air Force personnel only.
    To serve as a repository of criminal and non-criminal incidents 
used to satisfy statutory and regulatory reporting requirements: to 
provide crime statistics required by the Department of Justice (DoJ) 
under the Uniform Federal Crime Reporting Act; to provide personal 
information required by the DoJ under the Brady Handgun Violence 
Prevention Act; to provide statistical information required by DoD 
under the Victim's Rights and Restitution Act; to enhance AF's 
capability to analyze trends and to respond to executive, legislative, 
and oversight requests for statistical crime data relating to criminal 
and other high-interest incidents; to provide such data as other 
federal laws may require.''

Routine uses of records maintained in the system, including categories 
of users and the purposes of such uses:
    Delete second paragraph and replace with ``To the United States 
Citizenship and Immigration Service for purposes of immigration and 
naturalization investigations.''
    Delete third paragraph and replace with ``To Federal medical and 
forensic laboratory personnel to assist in making laboratory tests and 
medical examinations in support of the investigative, judicial, and 
administrative process.
    To the Central Intelligence Agency (CIA), Federal Bureau of 
Investigation (FBI), and other counterintelligence/intelligence 
agencies in matters pertaining to hostile intelligence activities and 
terrorism directed against the U.S., its installations, personnel, and 
allies.''
    Delete fourth paragraph and replace with ``To the Department of 
Veterans Affairs for purposes of verifying and settling claims.''
    Delete fifth paragraph and replace with ``To the Department of 
State and

[[Page 50896]]

U.S. embassies overseas for purposes of providing information affecting 
U.S. diplomatic relations with foreign nations.''
    Delete sixth paragraph and replace with ``To the U.S. Secret 
Service for purposes of aiding and assisting in the provision of 
protective services to the President, Vice President, and other 
designated officials.''
    Add a new routine to read ``To the Department of Justice for 
criminal reporting purposes as required by the Brady Handgun Violence 
Prevention Act.''
    Add a new routine use to read ``To courts and state, local, and 
foreign law enforcement agencies for purpose of criminal or civil 
investigative or judicial proceedings.''
    Add a new routine use to read ``To victims and witnesses for 
purposes of complying with the requirements of the Victim and Witness 
Assistance Program, the Sexual Assault Prevention and Response Program, 
and the Victims' Rights and Restitution Act of 1990.''

Policies and practices for storing, retrieving, accessing, retaining, 
and disposing of records in the system:
Storage:
    Delete entry and replace with ``Maintained on computers and 
computer output products; maintained in file folders, video and audio 
tape.''

Retrievability:
    Delete entry and replace with ``Retrieved by Name, Social Security 
Number, or Case File Number.''

Safeguards:
    Delete entry and replace with ``Records are accessed by custodian 
of the records system and by persons responsible for servicing the 
records system in performance of their official duties who are properly 
screened and cleared for need-to-know. Buildings are equipped with 
alarms, security guards, and/or security-controlled areas accessible 
only to authorized persons. Electronically and optically stored records 
are maintained in ``fail-safe'' system software with password-protected 
access.''

Retention and disposal:
    Delete entry and replace with ``Record paper and electronic copies 
of criminal and counterintelligence investigative cases at HQ AFOSI are 
retained under the same criteria assigned to the substantive case 
supported (as determined by Public Law and/or DoD and Air Force records 
retention rules).
    At AFOSI field units, documentation is transferred to HQ AFOSI/XILI 
and once receipt is confirmed it is destroyed at the field unit after 
90 days for criminal or one year for counterintelligence cases, after 
command action is reported to HQ AFOSI, or when no longer needed, 
whichever is sooner.
    Source control documentation at HQ AFOSI is destroyed after 25 
years. At AFOSI field units, hard copy source documentation is 
destroyed one year after termination of source use.
    Paper copies furnished USAF Commanders are destroyed when all 
actions are completed and reported to AFOSI or when no longer needed.
    At HQ AFOSI, all copies of reciprocal investigations conducted on 
request of a local, state or federal investigative agency in the US, or 
host country investigative agencies overseas, are destroyed after one 
year. Copies retained by AFOSI field units are destroyed after 90 
days.''

System manager(s) and address:
    Delete entry and replace with ``Director of Warfighting 
Integration, HQ AFOSI/XI, 1535 Command Drive, Andrews AFB, MD 20762-
7002.''

Notification procedure:
    Delete entry and replace with ``Individuals seeking to determine 
whether information about themselves is contained in this system of 
records should address written inquiries to the Chief, Information 
Release Branch, HQ AFOSI/XILI, ATTN: Freedom of Information/Privacy Act 
Officer, PO Box 2218, Waldorf, MD 20604-2218, or via e-mail to 
[email protected].''

Record access procedure:
    Delete entry and replace with ``Individuals seeking access to 
information about themselves should address written inquiries to the 
Chief, Information Release Branch, HQ AFOSI/XILI, ATTN: Freedom of 
Information/Privacy Act Officer, PO Box 2218, Waldorf, MD 20604-2218, 
or via e-mail to [email protected].''

Contesting record procedures:
    Delete entry and replace with ``The Air Force rules for accessing 
records, and for contesting contents and appealing initial agency 
determinations are published in Air Force Instruction 33-332; 32 CFR 
part 806b; or may be obtained from the system manager.''

Record source categories:
    Delete entry and replace with ``Individuals (suspects, witnesses, 
victims, informants, DoD personnel and other individuals); DoD record 
systems; Federal, state, local, and foreign law enforcement agencies; 
Federal, state, local and foreign governmental agencies and non-
governmental organizations; and other sources that may provide 
pertinent information relevant to the investigative proceedings.''
* * * * *
F071 AF OSI D

System name:
    Investigative Information Management System (I2MS)

System location:
    Headquarters, Air Force Office of Special Investigations (AFOSI), 
1535 Command Drive, Andrews AFB, MD 20762-7002.

Categories of individuals covered by the system:
    Any individual involved in, or suspected of being involved in, 
crimes or acts of terrorism affecting U.S. interests (e.g., property 
located in or outside of the United States), U.S. nationals, and/or 
U.S. personnel. Individuals who provide information that is relevant to 
the investigation, such as victims and witnesses, and individuals who 
report such crimes or acts. Individuals may include, but are not 
limited to, active duty, retired or former military personnel; current, 
retired and former Air Force civilian employees; applicants for 
enlistment or appointment; Air Force academy cadets, applicants and 
nominees; dependents of active duty, retired or former military 
personnel; current and former Armed Forces Exchange employees; union or 
association personnel; civilian contracting officers and their 
representatives; employees of the Peace Corps, the State Department, 
and the American Red Cross; Department of Defense employees and 
contractors; and foreign nationals residing in the U.S. and abroad.

Categories of records in the system:
    Reports of investigation, collection reports, statements of 
individuals, affidavits, correspondence, and other documentation 
pertaining to criminal collection activities, investigative surveys, 
technical, forensic, polygraph, and other investigative support to 
criminal and counterintelligence investigations to include source 
control documentation and region indices.
    Data on individuals (victims, witnesses, complainants, offenders, 
and suspects) involved in incidents may include, but is not limited to, 
name; digital photograph; Social Security Number; date of birth; place 
of birth; home address and telephone number; duty/work address and 
telephone number; alias; race; ethnicity; sex;

[[Page 50897]]

marital status; identifying marks (tattoos, scars, etc.); height; 
weight; eye and hair color; biometric data; date, location, nature and 
details of the incident/offense to include whether alcohol, drugs and/
or weapons were involved; driver's license information; tickets issued; 
vehicle information; whether bias against any particular group was 
involved or if offense involved sexual harassment; actions taken by 
military commanders (e.g., administrative and/or non-judicial measures, 
to include sanctions imposed); referral actions; court-martial results 
and punishments imposed; confinement information, to include location 
of correctional faculty, gang/cult affiliation if applicable; and 
release/parole/clemency eligibility dates.

Authority for maintenance of the system:
    10 U.S.C. Chapter 47, Uniform Code of Military Justice, and 8013, 
Secretary of the Air Force; 18 U.S.C. 922 note, Brady Handgun Violence 
Prevention Act; 28 U.S.C. 534 note, Uniform Federal Crime Reporting 
Act; 42 U.S.C. 10601 et seq., Victims Rights and Restitution Act of 
1990; and E.O. 9397; DoD Directive 7730.47, Defense Incident Based 
Reporting System (DIBRS).

Purpose(s):
    To conduct and exercise overall responsibility within the 
Department of Air Force for all matters pertaining to the investigation 
of alleged crimes and acts of terrorism committed against U.S. 
citizens, U.S. property or interests; used in judicial and adjudicative 
proceedings including litigation or in accordance with a court order; 
and reporting of statistical data to Department of Defense officials.
    To assist (1) AFOSI and other military commanders in directing and 
supporting criminal investigative, law enforcement, 
counterintelligence, and distinguished visitor protection programs; (2) 
in managing the AFOSI criminal and counterintelligence investigative 
program at the various USAF and U.S. military installations worldwide; 
(3) USAF and other military commanders in identifying areas of possible 
criminality and in developing and managing the installation law 
enforcement, to include crime prevention, programs; (4) in managing the 
AFOSI source program; (5) in determining if, in fact, possible criminal 
activity requiring further specialized investigation is occurring in a 
specific area; (6) USAF and other authorized individuals to request 
AFOSI investigations; (7) USAF and other military commanders, as well 
as Department of Justice officials, to determine if judicial or 
administrative action is warranted; (8) in joint investigations by 
AFOSI and Federal, state, or local law enforcement agencies; (9) in 
joint investigations by AFOSI and foreign law enforcement agencies; 
(10) in developing and managing the AFOSI Distinguished Visitor 
Protection Program; (11) in developing and managing the AFOSI 
Investigative Survey Program for both appropriated and non-appropriated 
fund activities; (12) in recording technical investigative support 
provided to other investigative activities; (13) in reporting forensic 
and polygraph support to other investigative activities; (14) HQ USAF 
activities in the promotion, reassignment, and similar personnel 
actions for Air Force personnel only.
    To serve as a repository of criminal and non-criminal incidents 
used to satisfy statutory and regulatory reporting requirements: to 
provide crime statistics required by the Department of Justice (DoJ) 
under the Uniform Federal Crime Reporting Act; to provide personal 
information required by the DoJ under the Brady Handgun Violence 
Prevention Act; to provide statistical information required by DoD 
under the Victim's Rights and Restitution Act; to enhance AF's 
capability to analyze trends and to respond to executive, legislative, 
and oversight requests for statistical crime data relating to criminal 
and other high-interest incidents; to provide such data as other 
federal laws may require.

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 the United States Citizenship and Immigration Service for 
purposes of immigration and naturalization investigations.
    To Federal medical and forensic laboratory personnel to assist in 
making laboratory tests and medical examinations in support of the 
investigative, judicial, and administrative process.
    To the Central Intelligence Agency (CIA), Federal Bureau of 
Investigation (FBI), and other counterintelligence/intelligence 
agencies in matters pertaining to hostile intelligence activities and 
terrorism directed against the U.S., its installations, personnel, and 
allies.
    To the Department of Veterans Affairs for purposes of verifying and 
settling claims.
    To the Department of State and U.S. embassies overseas for purposes 
of providing information affecting U.S. diplomatic relations with 
foreign nations.
    To the U.S. Secret Service for purposes of aiding and assisting in 
the provision of protective services to the President, Vice President, 
and other designated officials.
    To the Department of Justice for criminal reporting purposes as 
required by the Brady Handgun Violence Prevention Act.
    To courts and state, local, and foreign law enforcement agencies 
for purposes of criminal or civil investigative or judicial 
proceedings.''
    To victims and witnesses for purposes of complying with the 
requirements of the Victim and Witness Assistance Program, the Sexual 
Assault Prevention and Response Program, and the Victims' Rights and 
Restitution Act of 1990.
    The DoD `Blanket Routine Uses' published at the beginning of the 
Air Force'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:
    Maintained on computers and computer output products; maintained in 
file folders, video and audio tape.

Retrievability:
    Retrieved by Name, Social Security Number, or Case File Number.

Safeguards:
    Records are accessed by custodian of the records system and by 
persons responsible for servicing the records system in performance of 
their official duties who are properly screened and cleared for need-
to-know. Buildings are equipped with alarms, security guards, and/or 
security-controlled areas accessible only to authorized persons. 
Electronically and optically stored records are maintained in ``fail-
safe'' system software with password-protected access.

Retention and disposal:
    Record paper and electronic copies of criminal and 
counterintelligence investigative cases at HQ AFOSI are retained under 
the same criteria assigned to the substantive case supported (as 
determined by Public Law and/or DoD and Air Force records retention 
rules).
    At AFOSI field units, documentation is transferred to HQ AFOSI/XILI 
and

[[Page 50898]]

once receipt is confirmed it is destroyed at the field unit after 90 
days for criminal or one year for counterintelligence cases, after 
command action is reported to HQ AFOSI, or when no longer needed, 
whichever is sooner.
    Source control documentation at HQ AFOSI is destroyed after 25 
years. At AFOSI field units, hard copy source documentation is 
destroyed one year after termination of source use.
    Paper copies furnished USAF Commanders are destroyed all when all 
actions are completed and reported to AFOSI or when no longer needed.
    At HQ AFOSI, all copies of reciprocal investigations conducted on 
request of a local, state or federal investigative agency in the U.S., 
or host country investigative agencies overseas, are destroyed after 
one year. Copies retained by AFOSI field units are destroyed after 90 
days.

System manager(s) and address:
    Director of Warfighting Integration, HQ AFOSI/XI, 1535 Command 
Drive, Andrews AFB, MD 20762-7002.

Notification procedure:
    Individuals seeking to determine whether information about 
themselves is contained in this system of records should address 
written inquiries to the Chief, Information Release Branch, HQ AFOSI/
XILI, ATTN: Freedom of Information/Privacy Act Officer, P.O. Box 2218, 
Waldorf, MD 20604-2218-, or via e-mail to [email protected].

Record access procedures:
    Individuals seeking access to information about themselves should 
address written inquiries to the Chief, Information Release Branch, HQ 
AFOSI/XILI, ATTN: Freedom of Information/Privacy Act Officer, P.O. Box 
2218, Waldorf, MD 20604-2218-, or via e-mail to [email protected].

Contesting record procedures:
    The Air Force rules for accessing records, and for contesting 
contents and appealing initial agency determinations are published in 
Air Force Instruction 33-332; 32 CFR part 806b; or may be obtained from 
the system manager.

Record source categories:
    Individuals (suspects, witnesses, victims, informants, DoD 
personnel and other individuals); DoD record systems; Federal, state, 
local, and foreign law enforcement agencies; Federal, state, local and 
foreign governmental agencies and non-governmental organizations; and 
other sources that may provide pertinent information relevant to the 
investigative proceedings.

Exemptions claimed for the system:
    Parts of this system may be exempt under 5 U.S.C. 552a(j)(2), as 
applicable.
    An exemption rule for this record system has been promulgated in 
accordance with 5 U.S.C. 553(b)(1), (2) and (3) and (e) and published 
in 32 CFR part 806b. For additional information contact the system 
manager.

[FR Doc. 06-7186 Filed 8-25-06; 8:45 am]
BILLING CODE 5001-06-M