[Federal Register Volume 64, Number 162 (Monday, August 23, 1999)]
[Notices]
[Pages 45957-45959]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-21740]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Department of the Army
Privacy Act of 1974; System of Records
AGENCY: Department of the Army, DoD.
ACTION: Notice to alter a system of records.
-----------------------------------------------------------------------
SUMMARY: The Department of the Army proposes to alter a record system
of records in its inventory of system of records notices subject to the
Privacy Act of 1974 (5 U.S.C. 552a), as amended. The alteration adds a
category of records and three routine uses to the existing system of
records.
DATES: The action will be effective without further notice on September
22, 1999, unless comments are received that would result in a contrary
determination.
ADDRESSES: Privacy Act Officer, Records Management Program Division,
U.S. Total Army Personnel Command, ATTN: TAPC-PDR-P, Stop C55, Ft.
Belvoir, VA 22060-5576.
FOR FURTHER INFORMATION CONTACT: Ms. Janice Thornton at (703) 806-4390
or DSN 656-4390.
SUPPLEMENTARY INFORMATION: The complete inventory of the Department of
the Army'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 3, 1999, to
the House Committee on Government Reform, the Senate Committee on
Government 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 17, 1999.
L.M. Bynum,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
A0190-47 DAMO
SYSTEM NAME:
Correctional Reporting System (CRS) (February 22, 1993, 58 FR
10002).
CHANGES:
* * * * *
SYSTEM LOCATION:
Delete entry and replace with ``Army Regional Correctional
Facilities and U.S. Army Correctional Activity, Fort Riley, KS; U.S.
Disciplinary Barracks, Fort Leavenworth, KS.
The Army Clemency Board Office, Assistant Secretary of the Army,
Manpower and Reserve Affairs, Washington, DC 20310-0110 (for decisions
on clemency recommendations, parole actions, and restoration to
duty).''
* * * * *
CATEGORIES OF RECORDS IN THE SYSTEM:
Add to end of entry ``Names, addresses, and telephone numbers of
victims/witnesses.''
* * * * *
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Add to entry ``Victim's Rights and Restitution Act of 1990 as
implemented by DoD Directive 1030.1 and DoD Instruction 1030.2; and
Army Regulation 190-47, The Army Corrections System.''
* * * * *
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
Add three paragraphs to entry ``To state and local authorities for
purposes of providing (1) notification that individuals, who have been
convicted of a specified sex offense or an offense against a victim who
is a minor, will be residing in the state upon release from military
confinement and (2)
[[Page 45958]]
information about the individual for inclusion in a state operated sex
offender registry.
To the Bureau of Prisons for purpose of providing notification that
the military transferee has been convicted of a sexually violent
offense or an offense against a victim who is a minor.
To victims and witnesses of crime for the purpose of notifying them
of date of parole or clemency hearing and other release related
activities.''
* * * * *
A0190--47 DAMO
SYSTEM NAME:
Correctional Reporting System (CRS).
SYSTEM LOCATION:
Army Regional Correctional Facilities and U.S. Army Correctional
Activity, Fort Riley, KS; U.S. Disciplinary barracks, Fort Leavenworth,
KS.
The Army Clemency Board Office, Assistant Secretary of the Army,
Manpower and Reserve Affairs, Washington, DC 20310-0110 (for decisions
on clemency recommendations, parole actions, and restoration to duty).
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Any military member confined at an Army confinement or correctional
facility as a result of, or pending, trial by courts-martial.
CATEGORIES OR RECORDS IN THE SYSTEM:
Documents related to the administration of individual military
prisoners; courts-martial orders, release/confinement orders, medical
examiner's reports, requests and receipts for health and comfort
supplies, reports and recommendations relating to disciplinary actions,
clothing and equipment issue records; forms authorizing correspondence
by prisoner, mail records; personal history records; individual
prisoner utilization records; requests for interview; fingerprint
cards, military police reports; prisoner identification records;
parolee agreements; inspections; documents regarding custodianship of
personal funds and property of prisoners; former commanding officer's
report; parents' report; spouse's report' classification
recommendations; request to transfer prisoner; social history; clemency
actions; psychologist's report; psychiatric and sociologic reports;
certificate of parole; certificate of release from parole; assignment
progress reports; and similar relevant documents.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
10 U.S.C. 951, NOTE; Victim's Rights and Restitution Act of 1990 as
implemented by DoD Directive 1030.1 and DoD Instruction 1030.2; and
Army Regulation 190-47, The Army Corrections System; and E.O. 9397
(SSN).
PURPOSE(S):
Correctional treatment records are used to determine prisoner's
custody classifications, work assignments, educational needs,
adjustment to confinement, areas of particular concern, and, as the
basis for clemency, parole and restoration to duty considerations.
Automated records provide pertinent information required for proper
management of confinement facility population, demographic studies,
status of discipline and responsiveness of personnel procedures, as
well as confinement utilization factors such as population turnover,
recidivism, etc.
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 local, state, and federal law
enforcement and investigation agencies for investigation and possible
criminal prosecution, civil court actions or regulatory orders.
To confinement/correctional agencies for use in the administration
of correctional programs including custody classification, employment,
training and educational assignments, treatment programs, clemency,
restoration to duty or parole actions, verification of offender's
criminal records, employment records, and social histories.
To state and local authorities for purposes of providing (1)
notification that individuals, who have been convicted of a specified
sex offense or an offense against a victim who is a minor, will be
residing in the state upon release from military confinement and (2)
information about the individual for inclusion in a state operated sex
offender registry.
To the Bureau of Prisons for purpose of providing notification that
the military transferee has been convicted of a sexually violent
offense or an offense against a victim who is a minor.
To victims and witnesses of crime for the purpose of notifying them
of date of parole or clemency hearing and other release related
activities.
The `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 STRONG, RETRIEVING, ACCESSING, RETAINING,
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Paper records in file folders and computerized data base.
RETRIEVABILITY:
By prisoner's surname and/or Social Security Number/register
number.
SAFEGUARDS:
All records are maintained in areas accessible only to designated
personnel having official need therefor. Automated data base and output
are managed through comprehensive procedures and policies prescribed in
system functional users manuals.
Regional Data Centers are contractor-operated. Contractor personnel
are security screened; employees receive a security briefing and
participate in an on-going security education program under the
Regional Data Security Officer. Regional Data Centers are connected
through a communications network to 44 distributed data processing
centers at Army installations. Technical, physical, and administrative
safeguards required by Army Regulation 380-19, Information Systems
Security, are met at installation data processing centers and
information is secured in locked rooms with limited/controlled access.
Data are available only to installation personnel responsible for
system operation and maintenance. Terminals not in data processing
centers are under the supervision of a terminal area security officer
at each remote location protecting them from unauthorized use. Access
to information is controlled further by a system of assigned passwords
for authorized users of terminals.
RETENTION AND DISPOSAL:
Individual correctional treatment records for prisoners in the U.S.
Army Correctional Activity (USACA) or U.S. Disciplinary Barracks (USDB)
are retained for 90 days following expiration of sentence/completion of
parole/maximum release date, following which they are retired to the
national Personnel Records Center for 25 years; destruction is by
shredding. Similar records for prisoners in local Army confinement and
correctional facilities are destroyed 4 years following release of
prisoner from confinement.
Note: Transfer of a prisoner from one facility to another is not
construed as released from confinement. When a prisoner is
transferred to another facility, his/her file is transferred with
him/her.
[[Page 45959]]
Information on tape/disc is erased after 3 years.
Army Clemency Board case files are returned on completion of Board
action to USACA or USDB, as appropriate, where they are retained for 90
days after prisoner's release from confinement or return to duty,
following which they are retired to the National Personnel Records
Center and maintained for 25 years before being destroyed by shredding.
SYSTEM MANAGER(S) AND ADDRESS:
Deputy Chief of Staff for Operations and Plans, ATTN: DAMO-ODL,
Headquarters, Department of the Army, Washington, DC 20310-0580.
NOTIFICATION PROCEDURE:
Individuals seeking to determine whether information about
themselves is contained in this system should address written inquiries
to the commander of the confinement/correctional facility, or to the
Deputy Chief of Staff for Operations and Plans, ATTN: DAMO-ODL,
Headquarters, Department of the Army, Washington, DC 20310-0440.
Individual should provide the full name, Social Security Number,
present address, and dates of confinement and signature.
RECORD ACCESS PROCEDURES:
Individuals seeking access to information about themselves
contained in this system should address written inquiries to the
confinement/correctional facility where a prisoner, or to the Deputy
Chief of Staff for Operations and Plans, ATTN: DAMO-ODL, Headquarters,
Department of the Army, Washington, DC 20310-0440
Individual should provide the full name, Social Security Number,
present address, and dates of confinement and signature.
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/U.S. Army
Criminal Investigation Command personnel and/or reports; informants;
various Federal, state and local investigative and law enforcement
agencies; foreign governments; and other individual or organization
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. 99-21740 Filed 8-20-99; 8:45 am]
BILLING CODE 5001-10-M
