[Federal Register: August 28, 2006 (Volume 71, Number 166)]
[Notices]
[Page 50894-50898]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28au06-25]
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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
fileroom@ogn.af.mil.''
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 fileroom@ogn.af.mil.''
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 fileroom@ogn.af.mil.
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 fileroom@ogn.af.mil.
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