81 FR 39912 - Privacy Act of 1974; System of Records

DEPARTMENT OF DEFENSE
Department of the Army

Federal Register Volume 81, Issue 118 (June 20, 2016)

The Department of the Army proposes to alter a system of records notice A0190-45 OPMG, entitled ``Military Police Reporting Program Records (MPRP)'' in its existing inventory of records systems subject to the Privacy Act of 1974, as amended. This system 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. MPRP also 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.

[Federal Register Volume 81, Number 118 (Monday, June 20, 2016)]
[Notices]
[Pages 39912-39914]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-14478]


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DEPARTMENT OF DEFENSE

Department of the Army

[Docket ID USA-2016-HQ-0024]


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 notice A0190-45 OPMG, entitled ``Military Police Reporting 
Program Records (MPRP)'' in its existing inventory of records systems 
subject to the Privacy Act of 1974, as amended. This system 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. MPRP also 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.

DATES: Comments will be accepted on or before July 20, 2016. This 
proposed action will be effective on the date following the end of the 
comment period unless comments are received which result in a contrary 
determination.

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: Department of Defense, Office of the Deputy Chief 
Management Officer, Directorate for Oversight and Compliance, 
Regulatory and Audit Matters Office, 4800 Mark Center Drive, Mailbox 
#24, Alexandria, VA 22350-1700.
    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: Ms. Tracy Rogers, Department of the 
Army, Privacy Office, U.S. Army Records Management and Declassification 
Agency, 7701 Telegraph Road, Casey Building, Suite 144, Alexandria, VA 
22325-3905; telephone (703) 428-6185.

SUPPLEMENTARY INFORMATION: The Department of the Army's 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 or from 
the Defense Privacy and Civil Liberties Division Web site at http://dpcld.defense.gov/. The proposed systems reports, as required by 5 
U.S.C. 552a(r) of the Privacy Act, as amended, were submitted on May 
27, 2016, 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 4 of 
Appendix I to OMB Circular No. A-130, ``Federal Agency Responsibilities 
for Maintaining Records About Individuals,'' revised November 28, 2000 
(December 12, 2000 65 FR 77677).

    Dated: June 15, 2016.
Aaron Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
A0190-45 OPMG

System name:
    Military Police Reporting Program Records (MPRP) (November 19, 
2012, 77 FR 69445).

Changes:
System ID:
    Delete entry and replace with ``A0190-45 OPMG (CID).''

System name:
    Delete entry and replace with ``Criminal Investigation Command 
(CID) Information Management System Records (CIMS).''

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 (MPR) and Reports 
of Investigation (ROI) are maintained by the U.S. Army Criminal 
Investigation Command (USACIDC) G6 as part of the CID Information 
Management Systems (CIMS) suite of Army Law Enforcement (LE) 
applications located at 27130 Telegraph Road, Quantico, VA 22134-
2253.''

Categories of individuals covered by the system:
    Delete entry and replace with ``Any individual, civilian, 
government civilian employee, or military personnel, involved in or 
suspected of being involved in, reporting or witnessing 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 Department of 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, disposition of cases, results of Army Law Enforcement

[[Page 39913]]

compliance and assessments, police officer credentials, and Military 
Working Dog Team records.
    Specific data to include: Name, Social Security Number (SSN), DOD 
ID Number, 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 photos, 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 number, 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 1030.02, 
Victim and Witness Assistance; Army Regulation 190-45, Military Police 
Law Enforcement Reporting; Army Regulation 195-2, Criminal 
Investigation Activities; Army Regulation 190-12, Military Police 
Military Working Dog Program; and E.O. 9397 (SSN), as amended.''

Purpose:
    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 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, the 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 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; local law enforcement agencies and private sector entities 
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.); local child 
protection services or family support agencies for the purpose of 
providing assistance to the individual.
    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. The complete list of DoD Blanket Routine Uses can be found 
online at: http://dpcld.defense.gov/Privacy/SORNsIndex/BlanketRoutineUses.aspx.''

Policies and practices for storing, retrieving, accessing, retaining, 
and disposing of records in the system:
Storage:
    Delete entry and replace with ``Electronic storage media and paper 
records.''
* * * * *

Safeguards:
    Delete entry and replace with ``Access to system with sensitive 
information is controlled by DoD Common Access

[[Page 39914]]

Card (CAC) authentication with Public Key Infrastructure (PKI) 
encryption for authorized users having a need-to-know. CID grants 
access to the system via DD Form 2875 when endorsed by the individual's 
supervisor as need to know.
    Criminal records reports are sent via authorized government 
electronic mail with PKI encryption or through a DoD CAC enabled system 
with authentication through PKI encryption to 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.
    Servers are maintained in a secure DOD facility with restricted 
access.
    Paper records stored in secure container/file cabinet with access 
restricted to those with a need-to-know.''

Retention and disposal:
    Delete entry and replace with ``Criminal investigations data/
information is retained for 40 years after date of final report.
    Soldier's criminal history reports sent to commanders are deleted 
or destroyed by shredding after the Soldier departs the unit.''

System manager and address:
    Delete entry and replace with ``U.S. Army Criminal Investigation 
Command (USACIDC) G6, 27130 Telegraph Road, Quantico, VA 22134-2253.''
* * * * *

Contesting record procedures:
    Delete entry and replace with ``The Army's rules for accessing 
records and for contesting contents and appealing initial agency 
determinations are contained in 32 CFR part 505, Army Privacy Program 
or may be obtained from the system manager.''
* * * * *

[FR Doc. 2016-14478 Filed 6-17-16; 8:45 am]
 BILLING CODE 5001-06-P