77008 Federal Register / Vol. 65, No. 237 / Friday, December 8, 2000 / Notices

planning, training, and emergency

operations pursuant to the military

support of civil defense as prescribed in

DoD Directive 3025.10, Military Support

of Civil Defense, and Army Regulation

500–70, Military Support of Civil

Defense.

To the Director of Selective Service

System to Report of Non-registration at

Time of Separation Processing, of

individuals who decline to register with

Selective Service System. Such report

will contain name of individual, date of

birth, Social Security Number, and

mailing address at time of separation.

Other elements of the Federal

Government pursuant to their respective

authority and responsibility.

To the Military Banking Facilities

Overseas. Information as to current

military addresses and assignments may

be provided to military banking

facilities who provide banking services

overseas and who are reimbursed by the

Government for certain checking and

loan losses. For personnel separated,

discharged or retired from the Armed

Forces, information as to last known

residential or home of record address

may be provided to the military banking

facility upon certification by a banking

facility officer that the facility has a

returned or dishonored check negotiated

by the individual or the individual has

defaulted on a loan and that if

restitution is not made by the

individual, the U.S. Government will be

liable for the losses the facility may

incur.

Note: Record of the identity, diagnosis,

prognosis, or treatment of any client/patient,

irrespective of whether or when he/she

ceases to be a client/patient, maintained in

connection with the performance of any

alcohol or drug abuse prevention and

treatment function conducted, regulated, or

directed or indirectly assisted by any

department or agency of the United States,

shall, except as provided therein, be

confidential and be disclosed only for the

purposes and under the circumstances

expressly authorized in 42 U.S.C. 290dd–2.

This statute takes precedence over the

Privacy Act of 1974, in regard to accessibility

of such records except to the individual to

whom the record pertains. The DoD ‘‘Blanket

Routine Uses’’ set forth at the beginning of

the Army’s compilation of systems of records

notices do not apply to these categories of

records.

County and city welfare organizations

to provide information needed to

consider applications for benefits.

Penal institutions to provide health

information to aid patient care.

State, county, and city officials to

include law enforcement authorities to

provide information to determine

benefits or liabilities, or for the

investigation of claim or crimes.

Patriotic societies incorporated,

pursuant to 36 U.S.C., in consonance

with their respective corporate missions

when used to further the welfare,

morale, or mission of the soldier.

Information can only be disclosed only

if the agency which receives it

adequately prevents its disclosure to

persons other than their employees who

need such information to perform their

authorized duties.

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, except

for those specifically excluded

categories of records.

POLICIES AND PRACTICES FOR STORING,

RETRIEVING, ACCESSING, RETAINING, AND

DISPOSING OF RECORDS IN THE SYSTEM:

STORAGE:

Paper records in file folders.

RETRIEVABILITY:

By individual’s name and/or Social

Security Number.

SAFEGUARDS:

All records are maintained in secured

areas, accessible only to designated

individuals whose official duties require

access; they are transferred from station

to station in personal possession of the

individual whose record it is or, when

this is not feasible, by U.S. Postal

Service.

RETENTION AND DISPOSAL:

The maintenance, forwarding, and

disposition of the MPRJ (DA Form 201)

and its contents are governed by Army

Regulations 600–8–104, Military

Personnel Information Management/

Records and 635–10, Processing

Personnel for Separations.

SYSTEM MANAGER(S) AND ADDRESS:

Commander, U.S. Total Army

Personnel Command, 200 Stovall Street,

Alexandria, VA 22332–0400.

NOTIFICATION PROCEDURE:

Individuals seeking to determine if

information about themselves is

contained in this record system should

address written inquiries to the

commander of the organization to which

the service member is assigned; for

retired and non-unit reserve personnel,

information may be obtained from the

U.S. Army Reserve Personnel Center,

9700 Page Avenue, St Louis, MO 63132–

5200; for discharged and deceased

personnel contact the National

Personnel Records Center, General

Services Administration, 9700 Page

Boulevard, St Louis, MO 63132–5100.

Individual should provide the full

name, Social Security Number, service

identification number, current address

and telephone number, and signature.

RECORD ACCESS PROCEDURES:

Individuals seeking access to records

about themselves contained in this

record system should address written

inquiries to the commander of the

organization to which the service

member is assigned; for retired and nonunit reserve personnel, information may

be obtained from the U.S. Army Reserve

Personnel Center, 9700 Page Avenue, St.

Louis, MO 63132–5200; for discharged

and deceased personnel contact the

National Personnel Records Center,

General Services Administration, 9700

Page Boulevard, St Louis, MO 63132–

5100.

Individual should provide the full

name, Social Security Number, service

identification number, current address

and telephone number, 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, educational and

financial institutions, law enforcement

agencies, personal references provided

by the individual, Army records and

reports, third parties when information

furnished relates to the service

member’s status.

EXEMPTIONS CLAIMED FOR THE SYSTEM:

None.

[FR Doc. 00–31243 Filed 12–7–00; 8:45 am]

BILLING CODE 5001–10–M

DEPARTMENT OF DEFENSE

Department of the Army

Privacy Act of 1974; System of

Records

AGENCY: Department of the Army, DoD.

ACTION: Notice to alter systems of

records.

SUMMARY: The Department of the Army

is altering three systems of records

notices in its existing inventory of

record systems subject to the Privacy

Act of 1974, (5 U.S.C. 552a), as

amended.

Federal Register / Vol. 65, No. 237 / Friday, December 8, 2000 / Notices 77009

DATES: This proposed action will be

effective without further notice on

January 8, 2001 unless comments are

received which result in a contrary

determination.

ADDRESSES: Records Management

Division, U.S. Army Records

Management and Declassification

Agency, ATTN: TAPC–PDD–RP, Stop

5603, Ft. Belvoir, VA 22060–5603.

FOR FURTHER INFORMATION CONTACT: Ms.

Janice Thornton at (703) 806–4390 or

DSN 656–4390 or Ms. Christie King at

(703) 806–3711 or DSN 656–3711.

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 proposed systems reports, as

required by 5 U.S.C. 552a(r) of the

Privacy Act of 1974, as amended, were

submitted on November 27, 2000, to the

House Committee on 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).

Dated: November 30, 2000.

L.M. Bynum,

Alternate OSD Federal Register Liaison

Officer, Department of Defense.

A0020–1a SAIG

SYSTEM NAME:

Inspector General Investigation Files

(May 11, 1999, 64 FR 25308).

CHANGES:

* * * * *

ROUTINE USES OF RECORDS MAINTAINED IN THE

SYSTEM, INCLUDING CATEGORIES OF USERS AND

THE PURPOSES OF SUCH USES:

Add a new paragraph ‘‘To victims and

witnesses of a crime for purposes of

providing information, consistent with

the requirements of the Victim Witness

Assistance Program, regarding the

investigation and disposition of an

offense.’’

* * * * *

A0020–1aa SAIG

SYSTEM NAME:

Inspector General Investigation Files.

SYSTEM LOCATION:

Primary location: Office of the U.S.

Army Inspector General Agency,

Headquarters, Department of the Army,

1700 Army Pentagon, Washington, DC

20310–1700.

Secondary location: Offices of

Inspector General at major Army

commands, field operating agencies,

installations and activities, Army-wide.

Official mailing addresses are published

as an appendix to the Army’s

compilation of systems of records

notices.

CATEGORIES OF INDIVIDUALS COVERED BY THE

SYSTEM:

Any individual, military or civilian,

against whom allegations of wrongdoing

have been made related to violations of

laws, rules, or regulations or to

mismanagement, gross waste of funds,

or abuse of authority, that have been

reviewed or investigated.

CATEGORIES OF RECORDS IN THE SYSTEM:

Investigation case files containing

investigative reports, such as,

preliminary inquiries and Reports of

Investigation (ROIs), and administrative

documents; and computer indices. ROIs

include the authority for the inquiry/

investigation, matters investigate,

narrative, summaries/excerpts of

testimony given by witnesses and

appended exhibits that may include

supporting documents, documentary

evidence, summaries of interviews or

transcripts of verbatim testimony, or

other investigative information from

Federal, State, and local investigative

agencies and departments.

Administrative documents in the files

include those that guide or facilitate

inquiry/investigative activities in the

cases and provide the opening, transfer,

or closing data for the cases.

Computerized indices contain the

names/subjects of the inquiry/

investigation, opening and closing

dates, codes for the type of allegations

and their disposition, brief summaries

of allegations, case notes, locations of

the inquiries/investigations and the

assigned case numbers.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

10 U.S.C. 3013, Secretary of the Army;

10 U.S.C. 3014; 10 U.S.C. 3020; 10

U.S.C. 3065(a); Inspector General Act of

1978 (Pub L. 95–452), as amended; 42

U.S.C. 10606 et seq., Victims Rights;

Department of Defense Directive 1030.1,

Victim and Witness Assistance.

PURPOSE(S):

To review and conduct non-criminal

law enforcement inquiries/

investigations into allegations of

wrongdoing by Army personnel related

to violations of laws, rules, or

regulations or to mismanagement, gross

waste of funds, or abuse of authority

and report the results to the Office of the

Secretary of Defense, the Department of

Defense Inspector General, Office of the

Secretary of the Army and Army

officials, and to commanders so they

may discharge their responsibilities

under the Inspector General Act of 1978

for maintaining discipline, law, and

order.

To provide detailed information

necessary for the Secretary of Defense

and Secretary of the Army, Army

officials and commanders to direct

further investigation, effect corrective

personnel or other administrative

action; to provide facts and evidence

upon which to base prosecution; to

provide information to other

investigative elements of the Army,

Department of Defense, other Federal,

State, or local agencies having

jurisdiction over the substance of the

allegations or a related investigative

interest; to provide information upon

which determinations may be made for

individuals’ suitability for various

personnel actions including but not

limited to retention, promotion,

assignment, retirement in grade or

selection for sensitive or critical

positions in the Armed Forces or

Federal service.

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:

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;

electronic storage media; CD–ROM.

RETRIEVABILITY:

By individual’s full name and/or

other descriptive information crossreferenced to the case number.

SAFEGUARDS:

Access is limited to authorized

individuals having need for the records

77010 Federal Register / Vol. 65, No. 237 / Friday, December 8, 2000 / Notices

in the performance of their official

duties. Paper files and CD–ROMs are

stored in containers with locks, located

in a locked room, in a secured building

with controlled access. Computer

indices are secured in locked rooms

with limited/controlled access. Access

to computerized information is

controlled by a system of assigned

passwords and available only to

personnel responsible for system

operation and maintenance.

RETENTION AND DISPOSAL:

Office of The Inspector General

primary location of inquiry/

investigative case files that contain

allegations, that attract high public and/

or Congressional Committee or SubCommittee interest, or that are deemed

to be historical significance by the

Inspector General, are retained for 30

years, except that they may be offered to

the National Archives after 25 years.

Paper files are transferred to a Federal

Records Center 2 years after completion

of the inquiries/investigations and

destroyed by burning upon completion

of the transfer. The case files on CD–

ROMs are erased by media being

physically destroyed, unless retained

permanently by the National Archives.

Paper files of closed inquiry/

investigative cases held by the

secondary location Offices of The

Inspector General are retained for up to

3 years, at the conclusion of which they

are forwarded to the Office of The

Inspector General system manager for

optical scanning and retention as stated

above.

SYSTEM MANAGER(S) AND ADDRESS:

Chief, Investigations Division, Office

of the Inspector General, Headquarters,

Department of the Army, 1700 Army

Pentagon, Washington, DC 20310–1700.

NOTIFICATION PROCEDURE:

Individuals seeking to determine if

information about themselves is

contained in this system should address

written inquiries to the Office of the

Inspector General, Headquarters,

Department of the Army, ATTN:

Records Release Office, 1700 Army

Pentagon, Washington, DC 20310–1700.

Individual should provide the full

name, home address, telephone

numbers and Army unit or activity to

which assigned at the time of any Army

Inspector General investigation, and a

free statement. Requests submitted on

behalf of other persons must include

their written, notarized or certified

authorization.

RECORD ACCESS PROCEDURES:

Individuals seeking to determine if

information about themselves is

contained in this system should address

written inquiries to the Office of the

Inspector General, Headquarters,

Department of the Army, ATTN:

Records Release Office, 1700 Army

Pentagon, Washington, DC 20310–1700.

Individual should provide the full

name, home address, telephone

numbers and Army unit or activity to

which assigned at the time of any Army

Inspector General investigation, and a

fee statement. Requests submitted on

behalf of other persons must include

their written, notarized or certified

authorization.

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, Army records

and reports, and other sources providing

or containing pertinent information.

EXEMPTIONS CLAIMED FOR THE SYSTEM:

Investigatory material complied for

law enforcement purposes may be

exempt pursuant to 5 U.S.C. 552a(k)(2).

However, if an individual is denied any

right, privilege, or benefit for which he

would otherwise be entitled by Federal

law or for which he would otherwise be

eligible, as a result of the maintenance

of such information, the individual will

be provided access to such information

except to the extent that disclosure

would reveal the identity of a

confidential source.

Investigatory material complied solely

for the purpose of determining

suitability, eligibility, or qualifications

for federal civilian employment,

military service, federal contracts, or

access to classified information may be

exempt pursuant to 5 U.S.C. 552a(k)(5),

but only to the extent that such material

would reveal the identity of a

confidential source.

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) published in 32 CFR

part 505. For additional information

contact the system manager.

A0027–10a DAJA

SYSTEM NAME:

Prosecutorial Files (February 22,

1993, 58 FR 10002).

CHANGES:

* * * * *

CATEGORIES OF INDIVIDUALS COVERED BY THE

SYSTEM:

Delete entry and replace with ‘‘Any

individual who is the subject of a

military justice investigation, a Court or

Board of Inquiry, other administrative or

disciplinary hearing, or pending trial by

courts-material.’’

CATEGORIES OF RECORDS IN THE SYSTEM:

Add to the entry ‘‘convening orders;

appointment orders; investigative

reports of federal, state, and local law

enforcement agencies; local command

investigations; immunity requests;

search authorizations; general

correspondence; legal research and

memorandum; motions; forensic

reports; pretrial confinement orders;

personal, financial, and medical

records; report of Article 32, UCMJ

investigations; subpoenas; discovery

requests; correspondence reflecting

pretrial negotiations; requests for

resignation or discharge in lieu of trail

by court-martial; work product of trial

counsel; results of trial memoranda; and

forms to comply with the Victim and

Witness Assistance Program, the Sexual

Assault Prevention and Response

Program and the Victim’s Rights and

Restitution Act of 1990.’’

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

Delete entry and replace with ‘‘10

U.S.C. 3013, Secretary of the Army; 42

U.S.C. 10606 et seq., Victims’ Rights;

Department of Defense Directive 1030.1,

Victim and Witness Assistance; and

Army Regulation 27–10, Military

Justice.’’

PURPOSE(S):

Change to ‘‘To prosecute or otherwise

resolve military justice cases; to obtain

information and assistance from federal,

state, local, foreign agencies, or from

individuals or organizations relating to

investigation, allegation of criminal

misconduct, or court-material; and to

provide information and support to

victims and witnesses in compliance

with Victim and Witness Assistance

Statutes and regulations.’’

ROUTINE USES OF RECORDS MAINTAINED IN THE

SYSTEM, INCLUDING CATEGORIES OF USERS AND

PURPOSES OF SUCH USES:

Add two new paragraphs ‘‘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 attorney licensing and/or

disciplinary authorities as required to

support professional responsibility

investigations and proceedings.’’

* * * * *

Federal Register / Vol. 65, No. 237 / Friday, December 8, 2000 / Notices 77011

SAFEGUARDS:

Delete entry and replace with

‘‘Information in the system is both

classified and unclassified and located

in file cabinets in the trial counsel’s

office or other offices in the Criminal

Law section of the Staff Judge Advocate

offices. Classified information is stored

in locked safe drawers with the proper

security measures applicable.

Unclassified information is located in

file cabinets accessible only to

authorized personnel who are properly

instructed in the permissible use of the

information. Some file cabinets have

locking capabilities. Automated files are

password protected.

Offices are locked during non-work

hours. The files are not accessible to the

public or to persons within the

command without an official need to

know.’’

* * * * *

RECORD SOURCE CATEGORIES:

Add ‘‘Court-martial, Article 32; UCMJ

investigations; convening authority;

Federal, state, and local law

enforcement agencies; witness

interviews; personnel, financial, and

medical records; medical facilities;

financial institutions; information

provided by the defense/accused; and

the work-product of trial counsel and

other individuals assisting them on a

particular case.’’

* * * * *

A0027–10a DAJA

SYSTEM NAME:

Prosecutorial Files.

SYSTEM LOCATION:

Decentralized at Staff Judge Advocate

Offices. Official mailing addresses are

published as an appendix to the Army’s

compilation of systems of records

notices.

CATEGORIES OF INDIVIDUALS COVERED BY THE

SYSTEM:

Any individual who is the subject of

a military justice investigation, a Court

or Board of Inquiry, other administrative

or disciplinary hearing, or pending trial

by courts-martial.

CATEGORIES OF RECORDS IN THE SYSTEM:

Witness statements; pretrial advice;

documentary evidence; exhibits,

evidence of previous convictions;

personnel records; recommendations as

to the disposition of the charges;

explanation of any unusual features of

the case; charge sheet; and criminal

investigation reports; convening orders;

appointment orders; investigative

reports of federal, state, and local law

enforcement agencies; local command

investigations; immunity requests;

search authorizations; general

correspondence; legal research and

memoranda; motions; forensic reports;

pretrial confinement orders; personal,

financial, and medical records; report of

Article 32, UCMJ investigations;

subpoenas; discovery requests;

correspondence reflecting pretrial

negotiations; requests for resignation or

discharge in lieu of trial by courtmartial; work product of trial counsel;

results of trial memoranda; and forms to

comply with the Victim and Witness

Assistance Program, the Sexual Assault

Prevention and Response Program and

the Victim’s Rights and Restitution Act

of 1990.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

10 U.S.C. 3013, Secretary of the Army;

42 U.S.C. 10606 et seq., Victims’ Rights;

Department of Defense Directive 1030.1,

Victim and Witness Assistance; and

Army Regulation 27–10, Military

Justice.

PURPOSE(S):

To prosecute or otherwise resolve

military justice cases; to obtain

information and assistance from federal,

state, local, or foreign agencies, or from

individuals or organizations relating to

an investigation, allegation of criminal

misconduct, or court-martial; and to

provide information and support to

victims and witnesses in compliance

with Victim and Witness Assistance

Statutes and regulations.

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 from this system of

records may be disclosed to law

students participating in a volunteer

legal support program approved by the

Judge Advocate General of the Army.

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 attorney licensing and/or

disciplinary authorities as required to

support professional responsibility

investigations and proceedings.

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:

Retrieved by individual’s surname.

SAFEGUARDS:

Information in the system is both

classified and unclassified and located

in file cabinets in the trial counsel’s

office or other offices in the Criminal

Law section of the Staff Judge Advocate

offices. Classified information is stored

in locked safe drawers with the proper

security measures applicable.

Unclassified information is located file

cabinets accessible only to authorized

personnel who are properly instructed

in the permissible use of the

information. Some file cabinets have

locking capabilities. Automated filed are

password protected. Offices are locked

during non-work hours. The files are not

accessible to the public or to persons

within the command without an official

need to know.

RETENTION AND DISPOSAL:

Records are destroyed two years after

final review/appellate action.

SYSTEM MANAGER(S) AND ADDRESS:

Chief, Criminal Law Division, Office

of the Judge Advocate General, 2200

Army Pentagon, Washington, DC

20310–2000.

NOTIFICATION PROCEDURE:

Individuals seeking to determine

whether information about themselves

is contained in this system should

address written inquiries to the Chief,

Criminal Law Division, Office of the

Judge Advocate General, 2200 Army

Pentagon, Washington, DC 20310–2200.

Individual should provide his/her full

name, current address and telephone

number, case number and office symbol

of Army element which furnished

correspondence to the individual, other

personnel identifying data that would

assist in locating the records. The

inquiry must be signed.

RECORD ACCESS PROCEDURES:

Individuals seeking access to

information about themselves contained

in this system should address written

inquiries to the Chief, Criminal Law

Division, Office of the Judge Advocate

General, 2200 Army Pentagon,

Washington, DC 20310–2200.

Individual should provide his/her full

name, current address and telephone

number, case number and office symbol

of Army element which furnished

77012 Federal Register / Vol. 65, No. 237 / Friday, December 8, 2000 / Notices

correspondence to the individual, other

personal identifying data that would

assist in locating the records. The

inquiry must be signed.

CONTESTING RECORD PROCEDURE:

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 official Army records and

reports, investigative documents, law

enforcement agencies; Court-martial,

Article 32; UCMJ investigations;

convening authority; Federal, state, and

local law enforcement agencies; witness

interviews; personnel, financial, and

medical records; medical facilities;

financial institutions; information

provided by the defense/accused; and

the work-product of trail counsel and

other individuals assisting them on a

particular case.

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 exemption

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.

A0027–10b DAJA

SYSTEM NAME:

Courts-Martial Files (February 22,

1993, 58 FR 10002).

CHANGES:

* * * * *

SYSTEM NAME:

Delete entry and replace with ‘CourtsMartial Records and Reviews’.

* * * * *

CATEGORIES OF INDIVIDUALS COVERED BY THE

SYSTEM:

Delete entry and replace with

‘Individuals having appeared as an

accused before a courts-martial.’

* * * * *

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

Add to entry ‘10 U.S.C. 3013,

Secretary of the Army; 42 U.S.C. 10606

et seq.; Department of Defense Directive

1030.1, Victim and Witness Assistance;

10 U.S.C. 3037, Judge Advocate General;

and Army Regulation 27–10b, Military

Justice.’

PURPOSE(S):

Delete entry and replace with ‘The

purpose of this system is to satisfy

statutory requirements of Chapter 47 of

title 10, United States Code, for

maintaining records of trial of courtsmartial proceedings to complete

appellate review, to determine whether

clemency is warranted, to answer

inquires concerning the state of

particular cases, to develop statistical

data to guide individuals responsible for

making policy decisions regarding

military justice activities, to serve as a

central repository of Army courtsmartial records, and for related

purposes.

* * * * *

ROUTINE USES OF RECORDS MAINTAINED IN THE

SYSTEM, INCLUDING CATEGORIES OF USERS AND

THE PURPOSES OF SUCH USES:

Add a new paragraph ‘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.’

* * * * *

RETENTION AND DISPOSAL:

Delete entry and replace with ‘With

respect to each courts-martial, there is

an original record and from 1 to 5

copies. One copy is given to the accused

and the remaining copies are used in the

review of the case for legal sufficiency.

The original record is disposed of as

follows: All records of trial by general

courts-martial and those special courtsmartial records in which a bad-conduct

discharge (BCD) was approved are

retained in the Office of the Clerk of

Court, U.S. Army Legal Service Agency,

901 North Stuart Street, Suite 1200,

Arlington, VA 22203–1837, for 1–2

years after completion of appellate

review. Thereafter, the records are

forwarded to the Washington National

Records Center, 4205 Suitland Road,

Suitland, MD 20746–8001 for

permanent storage.

Records of trial by special courtsmartial (non-BCD) and summary courtsmartial are retained in the staff judge

advocate office of the general courtsmartial authority for 1 year after

completion of supervisory review.

Thereafter the records are held for 2

years in the record holding area or

overseas records center. Records are

then sent to National Personnel Records

Center (Military Records), 9700 Page

Avenue, St. Louis, MO 63132–5200,

where they are retained for 7 years.

Thereafter, the records are destroyed

and the remaining evidence of

conviction is the special (non-BCD) and

summary courts-martial promulgating

orders maintained in the individual’s

permanent records and any review(s) of

the cases conducted pursuant to Articles

69 or 73, UCMJ.

The original reviews of special (nonBCD) and summary courts-martial cases

and a copy of all other reviews pursuant

to Articles 69 or 73, UCMJ are

maintained for 3 years in the Office of

the Chief, Examination and New Trials

Division, U.S. Army Legal Services

Agency, 901 N. Stuart Street, Suite

1200, Arlington, VA 22203–1837. They

are retained an additional 7 years at the

Washington National Records Center,

4205 Suitland Road, Suitland, MD

20746–8001, and destroyed.

Pre-decisional legal reviews pursuant

to Articles 69 or 73, UCMJ are

maintained for 3 years in the Office of

the Chief, Examination and New Trials,

U.S. Army Legal Services Agency, 901

North Stuart Street, Arlington, VA

22203–1837 or at the office of the Judge

Advocate General, Criminal Law

Division, Department of the Army,

Washington, DC 20310–2200. They are

retained an additional 7 years at the

Washington National Records Center,

4205 Suitland Road, Suitland, MD

20746–8001 and destroyed.

Courts-martial index cards from

1900–1986 are permanently stored at

the Office of Clerk of Court, U.S. Army

Legal Services Agency, 901 North Stuart

Street, Suite 1200, Arlington, VA

22203–1837. Arranged alphabetically by

name of the accused, they identify the

docket number and accession

information for permanent records of

trial. Since mid-July 1986, courtsmartial information is accessible by

computer database.’

* * * * *

A0027–10b DAJA

SYSTEM NAME:

Courts-Martial Records and Reviews.

SYSTEM LOCATION:

Clerk of Court, U.S. Army Legal

Services Agency, 901 North Stuart

Street, Suite 1200, Arlington, VA

22203–1837; Washington National

Records Center, 4205 Suitland Road,

Suitland, MD 20746–8001; National

Personnel Records Center, 9700 Page

Avenue, St. Louis, MO 63132–5200; and

Office of the Judge Advocate General,

Criminal Law Division, Department of

the Army, Washington, DC 20310–2200.

Federal Register / Vol. 65, No. 237 / Friday, December 8, 2000 / Notices 77013

CATEGORIES OF INDIVIDUALS COVERED BY THE

SYSTEM:

Individuals having appeared as an

accused before a courts-martial.

CATEGORIES OF RECORDS IN THE SYSTEM:

Certain general and all special bad

conduct discharge (BCD) courts-martial

records of trial that include a verbatim

transcript of the trial and allied papers

relating to the charged offenses and

legal review of the case. General courtsmartial examined pursuant to Article 69

and special non-bad conduct discharge

(non-BCD) and summary courts-martial

records of trial may include only a

summarized transcript of the trial as

well as allied papers relating to the

charged offenses, but do not necessarily

include all records of review pursuant

to Articles 69 or 73, Uniform Code of

Military Justice. Pre-decisional legal

reviews pursuant to Articles 69 and 73

are separately maintained in this

system.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

10 U.S.C. 801–940 (Uniform Code of

Military Justice); 10 U.S.C. 3013,

Secretary of the Army; 42 U.S.C. 10606

et seq.; Department of Defense Directive

1030.1, Victim and Witness Assistance;

10 U.S.C. 3037, Judge Advocate General;

Army Regulation 27–10b, Military

Justice; and E.O. 9397 (SSN).

PURPOSE(S):

The purpose of this system is to

satisfy statutory requirements of Chapter

47 of title 10, United States Code, for

maintaining records of trial of courtsmartial proceedings to complete

appellate review, to determine whether

clemency is warranted, to answer

inquiries concerning the state of

particular cases, to develop statistical

data to guide individuals responsible for

making policy decisions regarding

military justice activities, to serve as a

central repository of Army courtsmartial records, and for related purposes

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:

Courts-martial records reflect criminal

proceedings ordinarily open to the

public; therefore, they are normally

releasable to the public pursuant to the

Freedom of Information Act.

Information from these records may

be disclosed to the Department of

Justice, the Department of Veterans

Affairs, and federal, state, and local law

enforcement agencies for determination

of rights and entitlements of the

individuals concerned and for use in the

enforcement of criminal or civil law.

Information from this system of

records may also be disclosed to law

students participating in a volunteer

legal support program approved by the

Judge Advocate General of the Army.

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:

Papers in file folders; index cards;

electronic storage medium; courtsmartial coding sheets; and on a

computer database (Army CourtsMartial Management Information

System).

RETRIEVABILITY:

By individual’s name and Social

Security number, by court-martial

number assigned to the case.

SAFEGUARDS:

All records are protected by systems

of personnel screening, cipher locks,

and hand receipts. During non-duty

hours, military police or contract guard

patrols ensure protection against

unauthorized access. Access to hard

disk is controlled by password and is

restricted to personnel having a need to

know.

RETENTION AND DISPOSAL:

With respect to each courts-martial,

there is an original record and from 1 to

5 copies. One copy is given to the

accused and the remaining copies are

used in the review of the case for legal

sufficiency. The original record is

disposed of as follows:

All records of trial by general courtsmartial and those special courts-martial

records in which a bad-conduct

discharge (BCD) was approved are

retained in the Office of the Clerk of

Court, U.S. Army Legal Service Agency,

901 North Stuart Street, Suite 1200,

Arlington, VA 22203–1837, for 1–2

years after completion of appellate

review. Thereafter, the records are

forwarded to the Washington National

Records Center, 4205 Suitland Road,

Suitland, MD 20746–8001 for

permanent storage.

Records of trial by special courtsmartial (non-BCD) and summary courtsmartial are retained in the staff judge

advocate office of the general courtsmartial authority for 1 year after

completion of supervisory review.

Thereafter the records are held for 2

years in the record holding area or

overseas records center. Records are

then sent to National Personnel Records

(Military Records), 9700 Page Avenue,

St. Louis, MO 63132–5200, where they

are retained for 7 years. Thereafter, the

records are destroyed and the remaining

evidence of conviction is the special

(non-BCD) and summary courts-martial

promulgating order maintained in the

individual’s permanent records and any

review(s) of the cases conducted

pursuant to Articles 69 or 73, UCMJ.

The original reviews of special (nonBCD) and summary courts-martial cases

and a copy of all other reviews pursuant

to Articles 69 or 73, UCMJ are

maintained for 3 years in the Office of

the Chief, Examination and New Trails

Division, U.S. Army Legal Services

Agency 901 N. Stuart Street, Suite 1200,

Arlington, VA 22203–1837. They are

retained an additional 7 years at the

Washington National Records Center,

4205 Suitland Road, Suitland, MD

20746–8001, and destroyed.

Pre-decisional legal reviews pursuant

to Articles 69 or 73, UCMJ are

maintained for 3 years in the Office of

the Chief, Examination and New Trials,

U.S. Army Legal Services Agency, 901

North Stuart Street, Arlington, VA

22203–1837 or at the office of the Judge

Advocate General, Criminal Law

Division, Department of the Army,

Washington, DC 20310–2200. They are

retained an additional 7 years at the

Washington National Records Center,

4205 Suitland Road, Suitland, MD

20746–8001 and destroyed.

Courts-martial index cards from

1900–1986 are permanently stored at

the Office of Clerk of Court, U.S. Army

Legal Services Agency, 901 North Stuart

Street, Suit 1200, Arlington, VA 22203–

1837. Arranged alphabetically by name

of the accused, they identify the docket

number and accession information for

permanent records of trial. Since midJuly 1986, courts-martial information is

accessible by computer database.

SYSTEM MANAGER(S) AND ADDRESS:

Clerk of Court, U.S. Army Legal

Services Agency, 901 North Stuart

Street, Suite 1200, Arlington, VA

22203–1837.

NOTIFICATION PROCEDURE:

Requests from individuals as to

whether there are any general or special

bad conduct discharge (BCD) courtsVerDate 11<MAY>2000 13:21 Dec 07, 2000 Jkt 194001 PO 00000 Frm 00031 Fmt 4703 Sfmt 4703 E:\FR\FM\08DEN1.SGM pfrm03 PsN: 08DEN1
77014 Federal Register / Vol. 65, No. 237 / Friday, December 8, 2000 / Notices

martial records in the system pertaining

to them should be addressed to the

Clerk of Court, U.S. Army Legal Services

Agency, 901 N. Stuart Street, Suite

1200, Arlington, VA 22203–1837.

Requests for information as to special

non bad conduct discharge (non-BCD)

and summary courts-martial records

should be addressed to the staff judge

advocate of the command where the

record was reviewed or, if no longer

there, to the National Personnel Records

Center (Military Records), 9700 Page

Avenue, St. Louis, MO 63132–5200.

Requests for information concerning

reviews pursuant to Articles 69 or 73,

UCMJ, should be addressed to the Office

of the Chief, Examination and New

Trails Division, U.S. Army Legal

Services Agency, 901 N. Stuart Street,

Suite 1200, Arlington, VA 22203–1837.

Written requests should include

individual’s full name, Social Security

Number, the record file number if

available, and any other personal

information which would assist in

locating the records.

RECORD ACCESS PROCEDURES:

Individuals seeking access to

information about themselves contained

in this system should address written

inquires to the Clerk of the Court, U.S.

Army Legal Services Agency, 901 N.

Stuart Street, Suite 1200, Arlington, VA

22203–1837, if the type of courts-martial

or reviewing command is unknown.

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:

Information from almost any source

may be included in the record if it is

relevant and material to courts-martial

proceedings.

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 principal function any

activity pertaining to the enforcement of

criminal laws.

An exemption rule for this exemption

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. 00–31244 Filed 12–7–00; 8:45 am]

BILLING CODE 5001–10–M

DEPARTMENT OF DEFENSE

Department of the Army, Corps of

Engineers

Availability of Exclusive or Partially

Exclusive Licenses

AGENCY: U.S. Army Corps of Engineers,

DoD.

ACTION: Notice.

SUMMARY: The Department of the Army,

U.S. Army Corps of Engineers,

announces the general availability of

exclusive, or partially exclusive licenses

under the following patents. Any

license granted shall comply with 35

U.S.C. 209 and 37 CFR Part 404.

Patent Number: 5,849,984

Title: Method and System for Treating

Waste Nitrocellulose

Issue Date: 12/15/98

Patent Number: 5,858,082

Title: Self-Interlocking Reinforcement

Fibers

Issue Date: 1/12/99

Patent Number: 5,861,756

Title: Method of Detecting Accretion

of Frazil Ice on Water

Issue Date: 1/19/99

Patent Number: 5,863,483

Title: Shock-Absorbing Block

Issue Date: 1/26/99

Patent Number: 5,864,059

Title: Self-Recording Snow Depth

Probe

Issue Date: 1/26/99

Patent Number: 5,865,439

Title: Pop-Up Target System

Issue Date: 2/2/99

Patent Number: 5,888,559

Title: Press for Compacting Plastic

Explosive Material

Issue Date: 3/30/99

Patent Number: 5,890,836

Title: Interlocking Blocks for Stream

Erosion Control

Issue Date: 4/6/99

Patent Number: 5,900,820

Title: System and Method for

Detection of Frazil Ice on Underwater

Grating

Issue Date: 5/4/99

Patent Number: 5,902,939

Title: Penetrometer Sampler System

for Subsurface Spectral Analysis of

Contaminated Media

Issue Date: 5/11/99

Patent Number: 5,913,179

Title: Method for Spatial and

Temporal Analysis of Nested Graphical

Data

Issue Date: 6/15/99

Patent Number: 5,995,451

Title: Multiple Sensor Fish Surrogate

Interface System for Acoustic and

Hydraulic Data Collection and Analysis

Issue Date: 11/30/99

Patent Number: 6,003,251

Title: Debris Separator for Dredge or

Slurry Pump

Issue Date: 12/21/99

Patent Number: 6,032,538

Title: Pressure Sensor Mounting

Device for High Temperature

Environments

Issue Date: 3/7/00

Patent Number: 6,047,782

Title: Assembly and Method for

Extracting Discrete Soil Samples

Issue Date: 4/11/00

Patent Number: 6,053,479

Title: Self-Aligning Vortex Snow

Fence

Issue Date: 4/25/00

Patent Number: 6,064,760

Title: Method for Rigorous Reshaping

of Stereo Imagery with Digital

Photogrammetric Workstation

Issue Date: 5/16/00

Patent Number: 6,084,393

Title: Scour Probe Assembly

Issue Date: 7/4/00

Patent Number: 6,095,052

Title: Corrosion Resistant Metal Body,

Bullet Blank, and Bullet and Method for

Making Same

Issue Date: 8/1/00

Patent Number: 6,104,298

Title: Roof Moisture Detection

Assembly

Issue Date: 8/15/00

Patent Number: 6,109,486

Title: Dry Sand Pluviation Device

Issue Date: 8/29/00

Patent Number: 6,116,353

Title: Method and Apparatus for

Installing a Micro-Well with a

Penetrometer

Issue Date: 9/12/00

ADDRESSES: Humphreys Engineer Center

Support Activity, Office of Counsel,

7701 Telegraph Road, Alexandria,

Virginia 22315–3860.

DATES: Applications for an exclusive or

partially exclusive license may be

submitted at any time from the date of

this notice. However, no exclusive or

partially exclusive license shall be

granted until 90 days from the date of

this notice.

FOR FURTHER INFORMATION CONTACT:

Patricia L. Howland (703) 428–6672 or

Alease J. Berry, (703) 428–8160.

SUPPLEMENTARY INFORMATION: USP

5,849,984—A method for treating waste

nitrocellulose, the method comprising

the steps of treating nitrocellulose with

acid in a hydrolysis process to break the

nitrocellulose down to glucose,

recovering a majority of the acid by

electrodyialysis, neutralizing a

remainder of the acid, and fermenting