99-17514. Privacy Act of 1974; System of Records  

  • [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]
    BILLING CODE 5001-10-F
    
    
    

Document Information

Effective Date:
8/11/1999
Published:
07/12/1999
Department:
Defense Logistics Agency
Entry Type:
Notice
Action:
Notice to amend record systems.
Document Number:
99-17514
Dates:
The action will be effective on August 11, 1999, unless comments are received that would result in a contrary determination.
Pages:
37518-37520 (3 pages)
PDF File:
99-17514.pdf