Privacy Act of 1974; System of Records

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)

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.

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