[Federal Register Volume 63, Number 199 (Thursday, October 15, 1998)] [Notices] [Pages 55373-55375] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 98-27652] ----------------------------------------------------------------------- DEPARTMENT OF DEFENSE Defense Logistics Agency Privacy Act of 1974; System of Records AGENCY: Defense Logistics Agency, DoD. ACTION: Altering a system of records. ----------------------------------------------------------------------- SUMMARY: The Defense Logistics Agency proposes to alter a system of records notice in its inventory of record systems subject to the Privacy Act of 1974 (5 U.S.C. 552a), as amended. The alteration adds a new category of individuals who are prohibited from receiving or possessing firearms under the Brady Handgun Violence Prevention Act (Pub.L. 103-159). Specifically, these are individuals who have been convicted in any court of a misdemeanor crime of domestic violence. DATES: The alteration will be effective without further notice on November 16, 1998, unless comments are received that would result in a contrary determination. ADDRESSES: Send comments to the Privacy Act Officer, Defense Logistics Agency, ATTN: CAAR, 8725 John J. Kingman Road, Suite 2533, Fort Belvoir, VA 22060-6221. FOR FURTHER INFORMATION CONTACT: Ms. Susan Salus at (703) 767-6183. SUPPLEMENTARY INFORMATION: The Defense Logistics Agency 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 above. The alteration adds a new category of individuals who are prohibited from receiving or possessing firearms under the Brady Handgun Violence Prevention Act (Pub.L. 103-159). Specifically, these are individuals who have been convicted in any court of a misdemeanor crime of domestic violence. The specific change to the record system being altered is set forth below followed by the notice, as altered, published in its entirety. An altered system report, as required by 5 U.S.C. 552a(r) of the Privacy Act was submitted on September 28, 1998, to the House Committee on Government Reform and Oversight, 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: October 9, 1998. L.M. Bynum, Alternate OSD Federal Register Liaison Officer, Department of Defense. S322.15 DMDC SYSTEM NAME: Defense Incident-Based Reporting System (DIBRS)(August 20, 1997, 62 FR 44264). Changes: * * * * * Categories of individuals covered by the system: Add to the end of the entry `or have been convicted in any court of a [[Page 55374]] misdemeanor crime of domestic violence.' * * * * * S322.15 DMDC System name: Defense Incident-Based Reporting System (DIBRS). System location: Primary location: W.R. Church Computer Center, Naval Postgraduate School, Monterey, CA 93943-5000. Back-up files maintained in a bank vault in Hermann Hall, Naval Postgraduate School, Monterey, CA 93943-5000. Categories of individuals covered by the system: Active duty military (includes Coast Guard) or civilian personnel who have been apprehended or detained for criminal offenses which must be reported to the Department of Justice pursuant to the Uniform Crime Reporting Handbook as required by the Uniform Federal Crime Reporting Act. Active duty military (includes Coast Guard) personnel accused of criminal offenses punishable under the Uniform Code of Military Justice. Active duty military (includes Coast Guard) personnel convicted by civilian authorities of felony offenses as defined by State or local law; attempting or committing suicide; or whose dependent resides in the same household and is the victim of Sudden Infant Death Syndrome (SIDS). Individuals who are victims of those offenses which are either reportable to the Department of Justice or are punishable under the Uniform Code of Military Justice. Active duty military (includes Coast Guard) personnel who must be reported to the Department of Justice under the Brady Handgun Violence Prevention Act because such personnel have been referred to trial by a general courts-martial for an offense punishable by imprisonment for a term exceeding one year; have left the State with the intent of avoiding either pending charges or giving testimony in criminal proceedings; are either current users of a controlled substance which has not been prescribed by a licensed physician (Note: includes both current and former members who recently have been convicted by a courts-martial, given nonjudicial punishment, or administratively separated based on drug use or failing a drug rehabilitation program) or using a controlled substance and losing the power of self-control with respect to that substance; are adjudicated by lawful authority to be a danger to themselves or others or to lack the mental capacity to contract or manage their own affairs or are formally committed by lawful authority to a mental hospital or like facility (Note: includes those members found incompetent to stand trial or found not guilty by reason of lack of mental responsibility pursuant to Articles 50a and 72b of the Uniform Code of Military Justice); have been discharged from the Armed Services pursuant to either a dishonorable discharge or a dismissal adjudged by a general courts-martial; or have been convicted in any court of a misdemeanor crime of domestic violence. Categories of records in the system: Records compiled by law enforcement authorities (e.g., Defense Protective Service, military and civilian police, military criminal investigation services or commands); DoD organizations and military commands; Legal and judicial authority (e.g., Staff Judge Advocates, courts-martial); and Correctional institutions and facilities (e.g., the United States Disciplinary Barracks) consisting of personal data on individuals, to include but not limited to, name; social security number; date of birth; place of birth; race; ethnicity; sex; identifying marks (tattoos, scars, etc.); height; weight; nature and details of the incident/offense to include whether alcohol, drugs and/ or weapons were involved; driver's license information; actions taken by military commanders (e.g., administrative and/or non-judicial measures, to include sanctions imposed); court-martial results and punishments imposed; confinement information, to include location of correctional facility, gang/cult affiliation if applicable; and release/parole/clemency eligibility dates. Records also consist of personal information on individuals who were victims. Such information does not include the name of the victim or other personal identifiers (e.g., Social Security Number, date of birth, etc.), but does include the individual's residential zip code; age; sex; race; ethnicity; and type of injury. Authority for maintenance of the system: 5 U.S.C. 301, Departmental Regulation; 10 U.S.C. 136, Under Secretary of Defense for Personnel and Readiness; 18 U.S.C. 922 note, Brady Handgun Violence Prevention Act; 28 U.S.C. 534 note, Uniform Federal Crime Reporting Act; 42 U.S.C. 10601 et seq., Victims Rights and Restitution Act; DoD Directive 7730.47, Defense Incident-Based Reporting System (DIBRS); and E.O. 9397 (SSN). Purpose(s): To provide a single central facility within the Department of Defense (DoD) which can serve as a repository of criminal and specified other non-criminal incidents which will be used to satisfy statutory and regulatory reporting requirements, specifically to provide crime statistics required by the Department of Justice (DoJ) under the Uniform Federal Crime Reporting Act; to provide personal information required by the DoJ under the Brady Handgun Violence Prevention Act; and statistical information required by DoD under the Victim's Rights and Restitution Act; and to enhance DoD's capability to analyze trends and to respond to executive, legislative, and oversight requests for statistical crime data relating to criminal and other high-interest incidents. 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 be disclosed outside the Department of Defense as a routine use pursuant to 5 U.S.C. 552a(b)(3) only as follows: To the Department of Justice: (1) To compile crime statistics so that such information can be both disseminated to the general public and used to develop statistical data for use by law enforcement agencies. (2) To compile information on those individuals for whom receipt or possession of a firearm would violate the law so that such information can be included in the National Instant Criminal Background Check System which may be used by firearm licensees (importers, manufactures or dealers) to determine whether individuals are disqualified from receiving or possessing a firearm. The `Blanket Routine Uses' set forth at the beginning of the DLA compilation of record system notices do not apply to this record system. Policies and practices for storing, retrieving, accessing, retaining, and disposing of records in the system: Storage: Electronic storage media. Retrievability: Retrieved by name, Social Security Number, incident number, or any other data element contained in system. Safeguards: W.R. Church Computer Center: Tapes are stored in a locked cage in a [[Page 55375]] controlled access area; tapes can be physically accessed only by computer center personnel and can be mounted for processing only if the appropriate security code is provided. Back-up location: Tapes are stored in a bank-type vault; buildings are locked after hours and only properly cleared and authorized personnel have access. Retention and disposal: Disposition pending (until NARA disposition is approved, treat as permanent). System manager(s) and address: Deputy Director, Defense Manpower Data Center, DoD Center Monterey Bay, 400 Gigling Road, Seaside, CA 93955-6771. Notification procedure: Individuals seeking to determine whether this system of records contains information about themselves should address written inquires to the Privacy Act Officer, Headquarters, Defense Logistics Agency, CAAR, 8725 John J. Kingman Road, Suite 2533, Fort Belvoir, VA 22060- 6221. Written requests should contain the full name, Social Security Number, date of birth, and current address and telephone number of the individual. Record access procedures: Individuals seeking access to records about themselves contained in this system of records should address inquiries to the Privacy Act Officer, Headquarters, Defense Logistics Agency, CAAR, 8725 John J. Kingman Road, Suite 2533, Fort Belvoir, VA 22060-6221. Written requests should contain the full name, Social Security Number, date of birth and current address and telephone number of the individual. Contesting record procedures: The DLA rules for accessing records, and for contesting contents and appealing initial agency determinations are contained in DLA Regulation 5400.21; 32 CFR part 323; or may be obtained from the Privacy Act Officer, Headquarters, Defense Logistics Agency, CAAR, 8725 John J. Kingman Road, Suite 2533, Fort Belvoir, VA 22060-6221. Record source categories: The military services (includes the U.S. Coast Guard) and Defense agencies. Exemptions claimed for the system: None. [FR Doc. 98-27652 Filed 10-14-98; 8:45 am] BILLING CODE 5000-04-F