[Federal Register Volume 73, Number 200 (Wednesday, October 15, 2008)]
[Notices]
[Pages 61094-61096]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-24441]


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DEPARTMENT OF DEFENSE

Department of the Army

[Docket ID: USA-2008-0073]


Privacy Act of 1974; System of Records

AGENCY: Department of the Army, DoD.

ACTION: Notice to Amend a System of Records.

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SUMMARY: The Department of the Army is amending 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.

DATES: This proposed action will be effective without further notice on 
November 14, 2008 unless comments are received which result in a 
contrary determination.

ADDRESSES: Department of the Army, Privacy Office, U.S. Army Records 
Management and Declassification Agency, 7701 Telegraph Road, Casey 
Building, Suite 144, Alexandria, VA 22325-3905.

FOR FURTHER INFORMATION CONTACT: Ms. Vicki Short at (703) 428-6508.

[[Page 61095]]


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 changes to the record 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: October 7, 2008.
Patricia L. Toppings,
OSD Federal Register Liaison Officer, Department of Defense.
A0381-100b DAMI

System name:
    Technical Surveillance Index (February 2, 1996, 61 FR 3920).

Changes:
* * * * *

System location:
    Delete entry and replace with ``The intelligence portions of the 
index are located at the Investigative Records Repository, U.S. Army 
Intelligence and Security Command, 902d Military Intelligence Group, 
ATTN: IAMG-CIC-IRR, Fort Meade, MD 20755-5995; and
    The law enforcement portions of the index are located at the 
Director, U.S. Army Crime Records Center, ATTN: CICR-FP, 6010 6th 
Street, Building 1465, Fort Belvoir, VA 22060-5585.''
* * * * *

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

Retrievability:
    Delete entry and replace with ``By a combination of name, address, 
Social Security Number, telephone number, radio frequency, call sign, 
or case designation.''

Safeguards:
    Delete entry and replace with ``Access to buildings is controlled 
by security guards. The electronic index is maintained in specialized 
software with password protected access and data backup measures. 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.''
* * * * *

Notification procedure:
    Delete entry and replace with ``Individuals seeking to determine 
whether information about themselves is contained in this system should 
address written inquiries to the United States Army Intelligence and 
Security Command, Freedom of Information/Privacy Office, 4552 Pike 
Road, Fort Meade, MD 20755-5995.
    Individuals must furnish his/her full name, any alias, Social 
Security Number, date and place of birth, current address, telephone 
number, and a notarized signature or contact 1-866-548-5651 or e-mail 
the INSCOM FOIA office at [email protected].''

Record access procedures:
    Delete entry and replace with ``Individuals seeking to determine 
whether information about themselves is contained in this system should 
address written inquiries to the Individuals seeking to determine 
whether information about themselves is contained in this system should 
address written inquiries to the United States Army Intelligence and 
Security Command, Freedom of Information/Privacy Office, 4552 Pike 
Road, Fort Meade, MD 20755-5995.
    Individuals must furnish his/her full name, any alias, Social 
Security Number, date and place of birth, current address, telephone 
number, and a notarized signature or contact 1-866-548-5651 or e-mail 
the INSCOM FOIA office at [email protected].''
* * * * *
A0381-100b DAMI

System name:
    Technical Surveillance Index.

System location:
    The intelligence portions of the index are located at the 
Investigative Records Repository, U.S. Army Intelligence and Security 
Command, 902d Military Intelligence Group, ATTN: IAMG-CIC-IRR, Fort 
Meade, MD 20755-5995; and
    The law enforcement portions of the index are located at the 
Director, U.S. Army Crime Records Center, ATTN: CICR-FP, 6010 6th 
Street, Building 1465, Fort Belvoir, VA 22060-5585.

Categories of individuals covered by the system:
    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.

Categories of records in the system:
    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.

Authority for maintenance of the system:
    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 (SSN).

Purpose(s):
    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.

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:
    The `Blanket Routine Uses' published 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 storage media.

Retrievability:
    By a combination of name, address, Social Security Number, 
telephone number, radio frequency, call sign, or case designation.

[[Page 61096]]

Safeguards:
    Access to buildings is controlled by security guards. The 
electronic index is maintained in specialized software with password 
protected access and data backup measures. 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.

Retention and disposal:
    Investigative Records Repository electronic 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.

System manager(s) and address:
    The Deputy Chief of Staff for Intelligence, Headquarters, 
Department of the Army, 1001 Army 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.

Notification procedure:
    Individuals seeking to determine whether information about 
themselves is contained in this system should address written inquiries 
to the United States Army Intelligence and Security Command, Freedom of 
Information/Privacy Office, 4552 Pike Road, Fort Meade, MD 20755-5995.
    Individuals must furnish his/her full name, any alias, Social 
Security Number, date and place of birth, current address, telephone 
number, and a notarized signature or contact 1-866-548-5651 or e-mail 
the INSCOM FOIA office at [email protected].

Record access procedures:
    Individuals seeking to determine whether information about 
themselves is contained in this system should address written inquiries 
to the United States Army Intelligence and Security Command, Freedom of 
Information/Privacy Office, 4552 Pike Road, Fort Meade, MD 20755-5995.
    Individuals must furnish his/her full name, any alias, Social 
Security Number, date and place of birth, current address, telephone 
number, and a notarized signature or contact 1-866-548-5651 or e-mail 
the INSCOM FOIA office at [email protected].

Contesting record procedures:
    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.

Record source categories:
    Army and other Federal, state and local investigative agencies.

Exemptions claimed for the system:
    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), 
and (e) and published in 32 CFR part 505. For additional information 
contact the system manager.

[FR Doc. E8-24441 Filed 10-14-08; 8:45 am]
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