[Federal Register: July 7, 2008 (Volume 73, Number 130)]
[Notices]
[Page 38419-38420]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07jy08-69]
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DEPARTMENT OF DEFENSE
Department of the Army
[Docket ID: USA-2008-0018]
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
August 6, 2008 unless comments are received which 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: Ms. Vicki Short at (703) 428-6508.
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: June 30, 2008.
Patricia L. Toppings,
OSD Federal Register Liaison Officer, Department of Defense.
A0190-40 DAMO
System name:
Offense Reporting System (ORS) (August 21, 2001, 66 FR 43847).
Changes:
Change System Identifier to ``A0190-45 OPMG''.
* * * * *
System name:
Delete entry and replace with ``Military Police Reporting System
(MPRS).
* * * * *
A0190-45 OMPG
System name:
Military Police Reporting System (MPRS).
System location:
Decentralized to Army installations which created the Military
Police Report. Official mailing addresses are published as an appendix
to the Army's compilation of systems of records notices. The official
copy of the military police report and other law enforcement related
documents may be sent to the U.S. Army Crime Records Center, 6010 6th
Street, Fort Belvoir, VA 22060-5585. Automated records of the Military
Police Report are maintained in the Offense Reporting System (ORS) ORS-
2 program managed by the Deputy Chief of Staff for Operations and
Plans, 400 Army Pentagon, Washington, DC 20310-0400.
Categories of individuals covered by the system:
Any individual who is the subject, victim, complainant, witness, or
suspect in a criminal, civil, or traffic offense.
Categories of records in the system:
Criminal information or investigative files involving the Army
which may consist of military police reports or similar reports
containing investigative data, supporting or sworn statements,
affidavits, provisional passes, receipts for prisoners or detained
persons, reports of action taken, and disposition of cases.
Authority for maintenance of the system:
10 U.S.C. 3013, Secretary of the Army; 18 U.S.C. 44, Brady Handgun
Violence Prevention Act; 28 U.S.C. 534, Uniform Crime Reporting Act; 42
U.S.C. 10606, Victims Rights and Restitution Act of 1990; DoD Directive
10310.1, Victim and Witness Assistance; Army Regulation 190-45,
Military Police Law Enforcement Reporting, and E.O. 9397 (SSN).
Purpose(s):
To provide detailed information necessary for Army officials and
commanders to discharge their responsibilities for maintaining
discipline, law, and order through investigation of complaints and
incidents and possible criminal prosecution, civil court action, or
regulatory order.
This system contains information which may be used, as permitted by
the Privacy Act and other pertinent laws, for employee personnel
actions and determinations concerning, but not limited to security
clearances, recruitment, retention, and placement. Statistical data are
derived from individual reports and stored in automated media at major
Army commands and Headquarters, Department of the Army, for the
purposes of (1) developing crime trends by major categories (e.g.,
crimes against persons, drug crimes, crimes against property, fraud
crimes, and other offenses); (2) developing law enforcement and crime
prevention programs to reduce or deter crime
[[Page 38420]]
within Army communities; and (3) to satisfy statutory reporting
requirements.
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:
Information may be disclosed to federal, state, and local
(including Foreign Government) agencies for investigation and
prosecution when cases are either within their jurisdiction or when
concurrent jurisdiction applies. These include: Federal Bureau of
Investigation, Drug Enforcement Administration, U.S. Customs Service,
Bureau of Alcohol, Tobacco and Firearms, U.S. District Courts, U.S.
Magistrates.
To victims and witnesses of a crime for purposes of providing
information, consistent with the requirements of the Victim and Witness
Assistance Program, regarding the investigation and disposition of an
offense.
The DoD `Blanket Routine Uses' set forth 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 electronic storage media.
Retrievability:
By individual's name, date of birth, Social Security Number, and
case number.
Safeguards:
Access to information is controlled; limited to authorized
personnel having official need therefore. Terminals are under
supervision control from unauthorized use. Access to information is
also controlled by a system of assigned passwords for authorized users
of terminals.
Retention and disposal:
Criminal investigations data/information is sent to the Crime
Records Center where it is retained 40 years after date of final
report, all other data/information in the file is destroyed after 5
years.
System manager(s) and address:
Deputy Chief of Staff for Operations and Plans, 400 Army Pentagon,
Washington, DC 20310-0400.
Notification procedure:
Individuals seeking to determine whether information about
themselves is contained in this system should address written inquiries
to the Commander, U.S. Army Crime Records Center, 6010 6th Street, Fort
Belvoir, VA 22060-5585.
Individual should provide the full name, Social Security Number,
date and place of the incident.
Record access procedures:
Individuals seeking access to information about themselves
contained in this system should address written inquiries to the
Commander, U.S. Army Crime Records Center, 6010 6th Street, Fort
Belvoir, VA 22060-5585.
Individual should provide the full name, Social Security Number,
date and place of the incident.
Contesting record procedures:
The Army's rules for accessing records, and for 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:
From the individual; witnesses; victims; Military Police and/or
U.S. Army Criminal Investigation Command special agents; informants;
investigative and law enforcement persons of Federal, state, local and
foreign government agencies; any source that may supply pertinent
information.
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.
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. E8-15258 Filed 7-3-08; 8:45 am]
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