[Federal Register Volume 64, Number 132 (Monday, July 12, 1999)]
[Notices]
[Pages 37518-37520]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-17514]
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DEPARTMENT OF DEFENSE
Defense Logistics Agency
Privacy Act of 1974; System of Records
AGENCY: Defense Logistics Agency, DoD.
ACTION: Notice to amend record systems.
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SUMMARY: The Defense Logistics Agency proposes to amend 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.
DATES: The action will be effective on August 11, 1999, unless comments
are received that would result in a contrary determination.
ADDRESSES: Send comments to the Privacy Act Officer, Headquarters,
Defense Logistics Agency, ATTN: CAAR, 8725 John J. Kingman Road, Suite
2533, Fort Belvior, VA 22060-6221.
FOR FURTHER INFORMATION CONTACT: Ms. Susan Salus at (703) 767-6183.
SUPPLEMENTARY INFORMATION: The Defense Logistics Agency'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 Defense Logistics Agency proposes to amend 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 changes to the system of records
are not within the purview of subsection (r) of the Privacy Act of 1974
(5 U.S.C. 552a), as amended, which requires the submission of new or
altered systems report. The record system being amended is set forth
below, as amended, published in its entirety.
[[Page 37519]]
Dated: July 6, 1999.
L. M. Bynum,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
S322.15 DMDC
SYSTEM NAME:
Defense Incident-Based Reporting System (DIBRS)(October 15, 1998,
63 FR 55373).
Changes:
* * * * *
System location:
Delete entire entry and replace with `Primary Location: Naval
Postgraduate School Computer center, Naval Postgraduate School,
Monterey, CA 93943-5000.
Back-up Location: Defense Manpower Data Center, DoD Center, 400
Gigling Road, Seaside, CA 93955-6771.'
* * * * *
Categories of individuals covered by the system:
Delete the second, third, and fourth paragraphs and replace with
`Active duty military (includes Coast Guard) personnel accused of
criminal offenses under the Uniform Code of Military Justice and
investigated by a military law enforcement organization.
Active duty military (includes Coast Guard) personnel accused of
fraternization, sexual harassment, a sex-related offense, a hate or
bias crime, or a criminal offense against a victim who is a minor and
investigated by a commander, military officer, or civilian in a
supervisory position.
Active duty military (includes Coast Guard) personnel accused of a
criminal incident, which is not investigated by a military law
enforcement organization,but which results in referral to trial by
court-martial, imposition of nonjudicial punishment, or an
administrative discharge.
Active duty military (includes Coast Guard) personnel convicted by
civilian authorities of felony offenses as defined by State or local
law.
Active duty military (includes Coast Guard) personnel who attempt
or commit suicide.
Individuals who are victims of those offenses which are either
reportable to the Department of Justice or are reportable for having
committed criminal incidents in violation of law or regulation.'
* * * * *
Safeguards:
Delete entry and replace with `Computerized records are maintained
in a controlled area accessible only to authorized personnel. Entry to
these areas is restricted by the use of locks, guards, and
administrative procedures. Access to personal information is limited to
those who require the records in the performance of their official
duties. Access to personal information is further restricted by the use
of passwords which are changed periodically.'
* * * * *
S322.15 DMDC
System name:
Defense Incident-Based Reporting System (DIBRS).
System location:
Primary Location: Naval Postgraduate School Computer center, Naval
Postgraduate School, Monterey, CA 93943-5000.
Back-up Location: Defense Manpower Data Center, DoD Center, 400
Gigling Road, Seaside, CA 93955-6771.
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 under the Uniform Code of Military Justice and
investigated by a military law enforcement organization.
Active duty military (includes Coast Guard) personnel accused of
fraternization, sexual harassment, a sex-related offense, a hate or
bias crime, or a criminal offense against a victim who is a minor and
investigated by a commander, military officer, or civilian in a
supervisory position.
Active duty military (includes Coast Guard) personnel accused of a
criminal incident, which is not investigated by a military law
enforcement organization,but which results in referral to trial by
court-martial, imposition of nonjudicial punishment, or an
administrative discharge.
Active duty military (includes Coast Guard) personnel convicted by
civilian authorities of felony offenses as defined by State or local
law.
Active duty military (includes Coast Guard) personnel who attempt
or commit suicide.
Individuals who are victims of those offenses which are either
reportable to the Department of Justice or are reportable for having
committed criminal incidents in violation of law or regulation.
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
[[Page 37520]]
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:
Computerized records are maintained in a controlled area accessible
only to authorized personnel. Entry to these areas is restricted by the
use of locks, guards, and administrative procedures. Access to personal
information is limited to those who require the records in the
performance of their official duties. Access to personal information is
further restricted by the use of passwords which are changed
periodically.
Retention and disposal:
Disposition pending.
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. 99-17514 Filed 7-9-99; 8:45 am]
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