[Federal Register Volume 77, Number 223 (Monday, November 19, 2012)]
[Notices]
[Pages 69445-69447]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-28012]
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DEPARTMENT OF DEFENSE
Department of the Army
[Docket ID USA-2012-0013]
Privacy Act of 1974; System of Records
AGENCY: Department of the Army, DoD.
ACTION: Notice to alter a system of records.
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SUMMARY: The Department of the Army proposes to alter a system of
records in its 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 on December 20, 2012
unless comments are received which result in a contrary determination.
Comments will be accepted on or before December 19, 2012.
ADDRESSES: You may submit comments, identified by docket number and
title, by any of the following methods:
Federal Rulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
Mail: Federal Docket Management System Office, 4800 Mark
Center Drive, East Tower, 2nd Floor, Suite 02G09, Alexandria, VA 22350-
3100.
Instructions: All submissions received must include the agency name
and docket number for this Federal Register document. The general
policy for comments and other submissions from members of the public is
to make these submissions available for public viewing on the Internet
at http://www.regulations.gov as they are received without change,
including any personal identifiers or contact information.
FOR FURTHER INFORMATION CONTACT: Mr. Leroy Jones, Jr., Department of
the Army, Privacy Office, U.S. Army Records Management and
Declassification Agency, 7701 Telegraph Road, Casey Building, Suite
144, Alexandria, VA 22315-3827 or by phone at 703-428-6185.
SUPPLEMENTARY INFORMATION: The Department of Army notices for systems
of records 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 in FOR FURTHER INFORMATION CONTACT. The proposed
system report, as required by 5 U.S.C. 552a(r) of the Privacy Act of
1974, as amended, was submitted on October 11, 2012, to the House
Committee on Oversight and Government Reform, the Senate Committee on
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).
[[Page 69446]]
Dated: November 14, 2012.
Aaron Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
A0190-45 OPMG
System name:
Military Police Reporting System (MPRS) (July 7, 2008, 73 FR
38419).
Changes
* * * * *
System name:
Delete entry and replace with ``Military Police Reporting Program
Records (MPRP).''
System location:
Delete entry and replace with ``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 are maintained at the U.S. Army
Crime Records Center, 27130 Telegraph Road, Quantico, VA 22134-2253.
Automated records of the Military Police Report are maintained in the
Centralized Operations Police Suite (COPS); the Automated Criminal
Investigative and Intelligence data file (ACI2) located at Office of
the Provost Marshal General, 2800 Army Pentagon, Washington, DC 20310-
2800.''
Categories of individuals covered by the system:
Delete entry and replace with ``Any individual, civilian or
military, involved in, witnessing, or suspected of being involved in,
or reporting, possible criminal activity affecting the interests,
property, and/or personnel of the U.S. Army.''
Categories of records in the system:
Delete entry and replace with ``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. Specific data to include: Name, Social
Security Number (SSN), rank, date and place of birth, chronology of
events; reports of investigation and criminal intelligence reports
containing statements of witnesses, suspects, subject and responding
Police Officer; summary and administrative data pertaining to
preparation and distribution of the report; basis for allegations;
Serious or Sensitive Incident Reports, modus operandi and other
investigative information from Federal, State, and local investigative
and intelligence agencies and departments. Indices contain codes for
the type of crime, location of investigation, year and date of offense,
names and personal identifiers consisting of driver license numbers,
Service component, organization, sex, marital status, height, weight,
eye color, hair color, race, ethnicity, complexion, nation of origin,
home and work telephone numbers, and citizenship of persons who have
been subjects of electronic surveillance, suspects, subjects and
victims of crimes, report number which allows access to records noted
above; agencies, firms, Army and Defense Department organizations which
were the subjects or victims of criminal investigations; and
disposition and suspense of offenders listed in criminal investigative
case files.
Witness identification data consisting of name, SSN, rank, date and
place of birth, driver license numbers, Service Component,
organization, sex, marital status, height, weight, eye color, hair
color, race, ethnicity, complexion, nation of origin, home and work
telephone numbers, and citizenship.''
Authority for maintenance of the system:
Delete entry and replace with ``10 U.S.C. 3013, Secretary of the
Army; 18 U.S.C. 921-922, Brady Handgun Violence Prevention Act; 28
U.S.C. 534, Uniform Federal Crime Reporting Act of 1988; 42 U.S.C. 5119
et seq., National Child Protection Act of 1993; 42 U.S.C. 10607,
Victims' Rights and Restitution Act of 1990; Section 105 of the
Immigration and Naturalization Act of 1952; DoD Directive 10310.1,
Victim and Witness Assistance; Army Regulation 190-45, Military Police
Law Enforcement Reporting; Army Regulation 195-2, Criminal
Investigative Activities; and E.O. 9397 (SSN), as amended.''
Purpose(s):
Delete entry and replace with ``Provides detailed criminal
investigative information to Commanders and designated Army officials
to foster a positive environment, promote and safeguard the morale,
physical well-being and general welfare of Soldiers in their units.
Enables the maintenance of discipline, law, and order through
investigation of complaints and incidents and possible criminal
prosecution, civil court action, or regulatory order in accordance with
United States Law.
To conduct criminal investigations, crime prevention, prevention of
high risk behavior and criminal intelligence activities; to accomplish
management studies involving the analysis, compilation of statistics,
and quality control, to ensure that completed investigations are
legally sufficient and result in overall improvement in techniques,
training and professionalism. Includes personnel security, internal
security, criminal, and other law enforcement matters, all of which are
essential to the effective operation of the Department of the Army.
To provide brigade-level or higher commanders with criminal history
reports, in accordance with Army Policy, to identify Soldiers with
founded criminal offenses and open investigations occurring during
their period of service.
To determine suitability for access or continued access to
classified information; suitability for promotion, employment, or
assignment; suitability for access to military installations or
industrial firms engaged in government projects/contracts; suitability
for awards or similar benefits; use in current law enforcement
investigation or program of any type including applicants; use in
judicial or adjudicative proceedings including litigation or in
accordance with a court order; advising higher authorities and Army
commands of the important developments impacting on security, good
order or discipline; reporting of statistical data to Army commands and
higher authority.''
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
Delete entry and replace with ``In addition to those disclosures
generally permitted under 5 U.S.C. 552a(b) of the Privacy Act of 1974,
as amended, these records 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 concerning criminal or possible criminal activity is
disclosed to Federal, State, local and/or foreign law enforcement
agencies in accomplishing and enforcing criminal laws; analyzing modus
operandi, detecting organized criminal activity, or criminal justice
employment. Information may be disclosed to foreign countries under the
provisions of international agreements and arrangements including the
Status of Forces Agreements regulating the stationing and status of DoD
military and civilian personnel, or Treaties.
To the Department of Veterans Affairs to adjudicate veteran claims
for
[[Page 69447]]
disability benefits, post-traumatic stress disorder, and other veteran
entitlements.
To Federal, state, and local agencies to comply with the Victim and
Witness Assistance Program and the Victims' Rights and Restitution Act
of 1990, when the agency is requesting information on behalf of the
individual.
To Federal, state, and local law enforcement agencies for the
purposes of complying with mandatory background checks, i.e., Brady
Handgun Violence Prevention Act (18 U.S.C. 922) and the National Child
Protection Act of 1993 (42 U.S.C. 5119 et seq.).
To Federal, state, and local child protection services or family
support agencies for the purpose of providing assistance to the
individual or their family members.
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.
To the Immigration and Naturalization Service, Department of
Justice, for use in alien admission and naturalization inquiries
conducted under Section 105 of the Immigration and Naturalization Act
of 1952, as amended.
The DoD Blanket Routine Uses set forth at the beginning of the
Army's compilation of systems of records notices may also apply to this
system.''
* * * * *
Retrievability:
Delete entry and replace with ``By individual's name, date of
birth, SSN, and case number.''
Safeguards:
Delete entry and Replace with ``Access to system with sensitive
information is controlled by DoD Common Access Card authentication with
PKI encryption for authorized users having a need to know.
Criminal Records Reports will be sent via authorized government
electronic mail with PKI encryption only to the brigade-level or higher
commanders with a need-to-know. Need to know includes persons whose
official duties require access to information for purposes relating to
risk assessment and management (e.g. The Soldier's chain of command,
unit legal officers/NCO, adjutants).
Paper Records stored in secure container/file cabinet with access
restricted to those with a need to know includes persons whose official
duties require access to information for purposes relating to risk
assessment and management (e.g. The Soldier's chain of command, unit
legal officers/NCO, adjutants).''
Retention and disposal:
Delete entry and replace with ``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
electronic file is destroyed after 5 years.
Soldier's Criminal history reports sent to commanders are deleted
or destroyed by shredding after the Soldier departs the unit.''
System Manager(s) and Address:
Delete entry and replace with ``Office of the Provost Marshal
General, 2800 Army Pentagon, Washington, DC 20310-2800.''
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 Commander, U.S. Army Crime Records
Center, 27130 Telegraph Road, Quantico, VA 22134-2253.
Individual should provide the full name, SSN, date and place of the
incident.
In addition, the requester must provide a notarized statement or an
unsworn declaration made in accordance with 28 U.S.C 1746, in the
following format:
If Executed Outside the United States:
`I declare (or certify, verify, or state) under penalty of perjury
under the laws of the United State of America that the foregoing is
true and correct. Executed on (date). (Signature).'
If executed within the United States, its territories, possessions, or
commonwealths:
`I declare (or certify, verify, or state) under penalty of perjury
that the foregoing is true and correct. Executed on (date).
(Signature).''
Record Access Procedures:
Delete entry and replace with ``Individuals seeking access to
information about themselves contained in this system should address
written inquiries to the Commander, U.S. Army Crime Records Center,
27130 Telegraph Road, Quantico, VA 22134-2253.
Individual should provide the full name, SSN, date and place of the
incident and signature.
In addition, the requester must provide a notarized statement or an
unsworn declaration made in accordance with 28 U.S.C 1746, in the
following format:
If Executed Outside the United States:
`I declare (or certify, verify, or state) under penalty of perjury
under the laws of the United State of America that the foregoing is
true and correct. Executed on (date). (Signature).''
If executed within the United States, its territories, possessions,
or commonwealths:
`I declare (or certify, verify, or state) under penalty of perjury
that the foregoing is true and correct. Executed on (date).
(Signature).''
* * * * *
[FR Doc. 2012-28012 Filed 11-16-12; 8:45 am]
BILLING CODE 5001-06-P