Violation Warning Files

Department of the Army

A1130-2-550b CE

SYSTEM NAME:

Warning Citation and Violation Notice Files

SYSTEM LOCATION:

Chief of Engineers, Headquarters, Department of the Army, 441 G Street, NW, Washington, DC 20314-1000 and Engineer District and Project Offices. Official mailing addresses are published as an appendix to the Army's compilation of systems of records notices or may be obtained from the system manager.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:

Individuals who have been issued a Violation Notice or Warning Citation for violating rules or regulations governing public use of water resource development projects administered by the U.S. Army Corps of Engineers.

CATEGORIES OF RECORDS IN THE SYSTEM:

Records collected during the issuance of a Warning Citation or Violation Notice to include Name; address; phone number; date of birth; SSN; driver's license number; physical characteristics; vehicle or vessel information; citation number; issuing officer; Offense, location, date and time; appearance location, date, time; and disposition. Warning Citation records are collected using Engineer Form 4381. Violation Notice records are collected using the Administrative Office of the U.S. Courts, Central Violation Bureau, “United States District Court Violation Notice” Form. Not all record categories are collected and recorded for every violation.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

16 U.S.C. 460d, Construction and operation of public parks and recreational facilities in water resource development projects; lease of lands; preference for use; penalty; application of 18 USCS § 3401; citations and arrests with and without process; limitations; disposition of receipts, Flood Control Act of 1970, Section 234 (Pub. L. 91-611); 36 CFR part 327, Rules and Regulations Governing Public Use of Water Resources Development Projects Administered by the Chief of Engineers.

PURPOSE(S):

U.S. Army Corps of Engineers personnel with citation authority use the citation warnings and violation notices to enforce the rules and regulations governing public use of U.S. Army Corps of Engineers water resources development projects in order to protect public safety and Federal resources.

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 of 1974, as amended, 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:

Violation Notices are forwarded to the Federal District Court’s Central Violations Bureau for adjudication.

The Blanket Routine Uses set forth at the beginning of the Army's compilation of systems of records notices may 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:

Electronic storage and paper records.

RETRIEVABILITY:

By individual's name, date of birth, driver's license number, vehicle or vessel information and physical characteristics when recorded in the system.

SAFEGUARDS:

Paper records are maintained in areas accessible only to authorized persons having official need. DoD Components and approved users ensure that electronic records collected and used are maintained in controlled areas accessible only to authorized personnel. Physical security differs from site to site, but the automated records must be maintained in controlled areas accessible only by authorized personnel. Access to computerized data is restricted by use of common access cards (CACs) and is accessible only by users with an authorized account. The system and electronic backups are maintained in controlled facilities that employ physical restrictions and safeguards such as security guards, identification badges, key cards, and locks.

RETENTION AND DISPOSAL:

Records are destroyed 1 year after case is closed. Paper records are destroyed by tearing, burning, melting, chemical decomposition, pulping, pulverizing, shredding, or mutilation. Electronic records and media are destroyed by overwriting, degaussing, disintegration, pulverization, burning, melting, incineration, shredding or sanding.

SYSTEM MANAGER(S) AND ADDRESS:

Chief of Engineers, Headquarters, Department of the Army, ATTN: CECW-CO, 441 G Street, NW, Washington, DC 20314-1000.

NOTIFICATION PROCEDURE:

Individuals seeking to determine whether information about themselves is contained in this system should address written inquiries to the Chief of Engineers, Headquarters, Department of the Army, ATTN: CECW-CO, 441 G Street, NW, Washington, DC 20314-1000.

Individual should provide his/her full name, current address and telephone number, name of project that originated the violation notice/warning citation, and serial number thereon. 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 States 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:

Individuals seeking access to information about themselves contained in this system should address written inquiries to the Chief of Engineers, Headquarters, Department of the Army, ATTN: CECW-CO, 441 G Street, NW, Washington, DC 20314-1000.

Individual should provide his/her full name, current address and telephone number, name of project that originated the violation/warning notice, and serial number thereon.

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 States 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).'

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:

Army records and reports.

EXEMPTIONS CLAIMED FOR THE SYSTEM:

None.