[Federal Register Volume 74, Number 30 (Tuesday, February 17, 2009)]
[Notices]
[Pages 7404-7405]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-3372]


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DEPARTMENT OF DEFENSE

Department of the Army

[Docket ID USA-2009-0002]


Privacy Act of 1974; System of Records

AGENCY: Department of the Army, DoD.

ACTION: Notice to add a system of records.

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SUMMARY: The Department of the Army is proposing to add a system of 
records in its existing inventory of records systems subject to the 
Privacy Act of 1974 (5 U.S.C. 552a), as amended.

DATES: The proposed action will be effective on March 19, 2009 unless 
comments are received that would result in a contrary determination.

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

FOR FURTHER INFORMATION CONTACT: Mr. Robert Dickerson at (703) 428-
6513.

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 January 30, 2009, to 
the House Committee on Oversight and 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: February 11, 2009.
Morgan E. Frazier,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
A0195-2d USACIDC DoD

System Name:
    Defense Criminal Investigation DNA Database and Sample Repository; 
CODIS Records.

System Location:
    U.S. Army Criminal Investigation Laboratory, 4930 N 31st Street, 
Forest Park, GA 30297-5205.

Categories of Individuals Covered by the System:
    Department of Defense military personnel from whom DNA has been 
collected under applicable laws and regulations as noted below under 
authority for maintenance of the system.
    Civilians from whom DNA has been collected by military 
investigators under applicable laws and regulations as noted below 
under authority for maintenance of the system.
    Civilian or military family members who are the close biological 
relatives of missing persons and who voluntarily provide specimens for 
DNA typing.
    Persons associated with law enforcement and/or criminal 
investigations reported as missing or whose whereabouts are unknown and 
sought.
    DoD civilian and contractor personnel working at the U.S. Army 
Criminal Investigation Laboratory or other law enforcement activities 
who provide specimens for DNA typing for elimination purposes and/or 
whose names are required for sample processing.
    Persons of unknown identity whose DNA is recovered from a crime 
scene or carried away from a crime scene.

Categories of Records in the System:
    Specimen collections from which a DNA analysis can be obtained 
(buccal (oral) samples, blood samples), and DNA analyses. Accession 
number, collection kit number, specimen tracking information, 
collection date,

[[Page 7405]]

place of collection, court orders, criminal offense information, 
individual's name, Social Security Number (SSN), fingerprints, branch 
of service, date of birth. Documentation and data required to manage 
and operate the Combined DNA Index System (CODIS). DNA analyses from 
crime scene evidence, missing persons, relatives of missing persons and 
unidentified human remains.

Authority for Maintenance of the System:
    10 U.S.C 3013, Secretary of the Army; 10 U.S.C. 1565, DNA Sample 
Collection, Analysis, and Indexing; 42 U.S.C. 14132 et seq., Index to 
facilitate law enforcement exchange of DNA identification information; 
Army Regulation 195-2; The DNA Analysis Backlog Elimination Act of 
2000, Public Law 106-546; U.S.A. Patriot Act, Pub. L. 107-56; The 
Justice for All Act of 2004, Public Law 108-405; The DNA Fingerprint 
Act of 2005, Public Law 109-162; Adam Walsh Child Protection and Safety 
Act of 2006, Public Law 109-248; Department of Justice Implementing 
Rules, DNA Sample Collection and Biological Evidence Preservation in 
the Federal Jurisdiction, 28 CFR Part 28; DoD Policy on Collecting DNA 
Samples from Military Prisoners, April 18, 2005, Dr. David Chu, Under 
Secretary of Defense and E.O. 9397 (SSN).

Purpose:
    Information will be used for criminal and missing person 
investigations; quality assurance and control; department protocol 
development; management studies; to generate statistics on the database 
and department forensic identification research.
    Routine uses of records maintained in the system, including 
categories of users and the purpose of such uses:
    In addition to those disclosures generally permitted under 5 U.S.C. 
552a(b) of the Privacy Act, the records or information contained herein 
may specifically be disclosed outside the DoD as a routine use pursuant 
to 5 U.S.C. 552a(b)(3) as follows:
    To Federal, state, local, tribal and foreign criminal justice 
agencies for law enforcement identification purposes and for missing 
person identification purposes. Information concerning criminal or 
possible criminal activity is disclosed to Federal, state, local and/or 
foreign law enforcement agencies whose need is related to the 
enforcement of criminal law.
    To a proper authority in connection with judicial proceedings, if 
otherwise admissible pursuant to requested law and regulations 
including by facially valid court order.
    To a defendant, for criminal defense purposes, who shall have 
access to samples and analyses performed in connection with the case in 
which such defendant is charged.
    To criminal justice agencies, if personally identifiable 
information is removed, for identification research and protocol 
development or for quality control purposes.
    To a close biological relative of a missing person, who shall have 
access to analyses performed on his or her own sample, where that 
sample was submitted to help identify the missing person.
    To DoD civilian employees and contractor personnel working at the 
United States Army Criminal Investigation Laboratory or other law 
enforcement activities, who shall have access to analyses performed on 
their own samples.
    To the National DNA Index System (NDIS) for use in criminal 
investigations and missing person investigations, where allowable.
    The DoD ``Blanket Routine Uses'' set forth at the beginning of the 
Army's, Navy's, Marine Corps' and Air Force's compilation of systems of 
records notices also apply to this system of records.
    Policies and practices for storing, retrieving, accessing, 
retaining and disposing of records in the system:

Storage:
    In paper file folders and/or electronic storage media. Samples are 
stored by a method consistent with the method of collection and may be 
stored in file cabinets at room temperature or in freezers.

Retrievability:
    By name, Social Security Number (SSN), date of birth, accession 
number, DNA profile, and/or fingerprints.

Safeguards:
    The United States Army Criminal Investigation Laboratory is a 
continuously monitored secure facility with access controlled by card 
key. All personnel have security clearance. Access to spaces within the 
laboratory where data and samples are maintained is further controlled 
by cipher lock. All workstations are password protected.

Retention and Disposal:
    Disposition is pending upon National Archives and Record 
Administration approval, until then treat as Permanent.

System Manager and Address:
    Director, U.S. Army Criminal Investigation Laboratory, ATTN: 
Operations, 4930 N 31st Street, Forest Park, GA 30297-5205.

Notification Procedures:
    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.
    Requests must be made in writing and contain sufficient information 
to uniquely identify a record (such as full name, date of birth and 
Social Security Number (SSN)).

Record Access Procedures:
    Individuals seeking to access records about themselves contained in 
this record 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.
    Requests must be made in writing and contain sufficient information 
to uniquely identify a record (such as full name, date of birth and 
Social Security Number (SSN)).

Contesting Records Procedures:
    The Army's rules for access to records and for contesting contents 
and appealing initial determinations are contained in AR 340-21 (32 CFR 
part 505) or may be obtained from the systems manager.

Record Source Categories:
    DoD criminal justice agencies and personnel including, but not 
limited, to legal offices, investigative offices and confinement 
facilities. Other CODIS and/or NDIS participating laboratories.

Exemptions:
    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 that performs as its principle function any activity pertaining 
to the enforcement of criminal laws.
    An exemption rule for this record system has been promulgated 
according to the 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. E9-3372 Filed 2-13-09; 8:45 am]
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