[Federal Register: May 25, 2007 (Volume 72, Number 101)]
[Notices]
[Page 29308-29310]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr25my07-38]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Office of the Secretary
[DOD-2007-OS-0049]
Privacy Act of 1974; Systems of Records
AGENCY: Defense Logistics Agency, DoD.
ACTION: Notice to amend a system of records.
-----------------------------------------------------------------------
SUMMARY: The Defense Logistics Agency is amending a system of records
notice to its existing inventory of record systems subject to the
Privacy Act of 1974 (5 U.S.C. 552a), as amended.
DATES: This action will be effective without further notice on June 25,
2007 unless comments are received that would result in a contrary
determination.
ADDRESSES: Send comments to the Privacy Act Officer, Headquarters,
Defense Logistics Agency, ATTN: DP, 8725 John J. Kingman Road, Stop
2533, Fort Belvoir, VA 22060-6221.
FOR FURTHER INFORMATION CONTACT: Ms. Jody Sinkler at (703) 767-5045.
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 specific changes to the record system being amended are set
forth below followed by the notice, as amended, published in its
entirety. The proposed amendment is 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 a new or altered system report.
Dated: May 21, 2007.
L.M. Bynum,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
S322.15 DMDC
System name:
Defense Incident-Based Reporting System (DIBRS) (November 16, 2004,
69 FR 67112).
Changes:
System location:
Delete second paragraph.
* * * * *
Authority for maintenance of the system:
Delete entry and replace with ``5 U.S.C. 301, Departmental
regulation; 10 U.S.C. 136, Under Secretary of Defense for Personnel and
Readiness; 10 U.S.C. 1562, Database on Domestic Violence Incidents; 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. 10607, Victims
Rights and Restitution Act of 1990; 18 U.S.C. 922, The Lautenberg
Amendment to the Gun Control Act; 42 U.S.C. 14071, The Jacob Wetterling
Crimes Against Children and Sexually Violent Offender Registration
Program; 10 U.S.C. 1562, Database on Domestic Violence Incidents;
Public Health Security and Bioterrorism Preparedness and Response Act
of 2002, Pub. L. 107-188; DOD Directive 7730.47, Defense Incident-Based
Reporting System (DIBRS); and E.O. 9397 (SSN).''
* * * * *
[[Page 29309]]
Notification procedure:
Delete entry and replace with ``Individuals seeking to determine
whether information about themselves is contained in this system should
address written inquiries to the Privacy Act Office, Headquarters,
Defense Logistics Agency, ATTN: DP, 8725 John J. Kingman Road, Stop
2533, Fort Belvoir, VA 22060-6221.''
Written requests should contain the full name, Social Security
Number (SSN), date of birth, and current address and telephone number
of the individual.
Record access procedures:
Delete entry and replace with ``Individuals seeking access to
information about themselves contained in this system should address
written inquiries to the Privacy Act Office, Headquarters, Defense
Logistics Agency, ATTN: DP, 8725 John J. Kingman Road, Stop 2533, Fort
Belvoir, VA 22060-6221.''
Written requests should contain the full name, Social Security
Number (SSN), date of birth, and current address and telephone number
of the individual.
Contesting record procedures:
Delete entry and replace with ``The DLA rules for accessing records
and appealing initial agency determinations are contained in 32 CFR
part 323, or may be obtained from the Privacy Act Office, Headquarters,
Defense Logistics Agency, ATTN: DP, 8725 John J. Kingman Road, Stop
2533, Fort Belvoir, VA 22060-6221.''
The rules for contesting contents are contained in DOD Manual
7730.47-M, Manual for Defense Incident-Based Reporting System, or may
be obtained from the Privacy Act Office, Headquarters, Defense
Logistics Agency, ATTN: DP, 8725 John J. Kingman Road, Stop 2533, Fort
Belvoir, VA 22060-6221.
Requests for amendment will be forwarded to the DOD Component which
supplied the contested information for adjudication under the Privacy
Act rules published by that Component.''
* * * * *
S322.15 DMDC
System name:
Defense Incident-Based Reporting System (DIBRS).
System location:
Naval Postgraduate School Computer Center, 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 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 non-judicial 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 non-judicial 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., Pentagon
Force Protective Agency, 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; 10 U.S.C. 1562,
Database on Domestic Violence Incidents; 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. 10607, Victims Rights and Restitution
Act of 1990; 18 U.S.C. 922, The Lautenberg Amendment to the Gun Control
Act; 42 U.S.C. 14071, The Jacob Wetterling Crimes Against Children and
[[Page 29310]]
Sexually Violent Offender Registration Program; 10 U.S.C. 1562,
Database on Domestic Violence Incidents; Public Health Security and
Bioterrorism Preparedness and Response Act of 2002, Pub. L. 107-188;
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
the Public Health Security and Bioterrorism Preparedness and Response
Act of 2002; statistical information required by DOD under the Victim's
Rights and Restitution Act; information required for the DOD database
on domestic violence incidents; 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, or any of its components to which
authority has been delegated: (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; and (3) To compile information on
those individuals for whom access to a biological agent or toxin would
violate the law so that such information can be included in a database
which may be used to determine whether individuals are disqualified
from accessing such agents or toxins.
The DOD ``Blanket Routine Uses'' apply to this system of records.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Electronic storage media.
Retrievability:
Records are retrieved by name, Social Security Number (SSN),
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:
The master file is retained permanently. Input and source records
are destroyed after data have been entered into the master file or when
no loner needed for operational purposes, whichever is later. Output
products (electronic or paper) are destroyed when no longer needed for
operational purposes.
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 information about
themselves is contained in this system should address written inquiries
to the Privacy Act Office, Headquarters, Defense Logistics Agency,
ATTN: DP, 8725 John J. Kingman Road, Stop 2533, Fort Belvoir, VA 22060-
6221.
Written requests should contain the full name, Social Security
Number (SSN), date of birth, and current address and telephone number
of the individual.
Record access procedures:
Individuals seeking access to information about themselves
contained in this system should address written inquiries to the
Privacy Act Office, Headquarters, Defense Logistics Agency, ATTN: DP,
8725 John J. Kingman Road, Stop 2533, Fort Belvoir, VA 22060-6221.
Written requests should contain the full name, Social Security
Number (SSN), date of birth, and current address and telephone number
of the individual.
Contesting record procedures:
The DLA rules for accessing records and appealing initial agency
determinations are contained in 32 CFR part 323, or may be obtained
from the Privacy Act Office, Headquarters, Defense Logistics Agency,
ATTN: DP, 8725 John J. Kingman Road, Stop 2533, Fort Belvoir, VA 22060-
6221.
The rules for contesting contents are contained in DOD Manual
7730.47-M, Manual for Defense Incident-Based Reporting System, or may
be obtained from the Privacy Act Office, Headquarters, Defense
Logistics Agency, ATTN: DP, 8725 John J. Kingman Road, Stop 2533, Fort
Belvoir, VA 22060-6221.
Requests for amendment will be forwarded to the DOD Component which
supplied the contested information for adjudication under the Privacy
Act rules published by that Component.
Record source categories:
The military services (includes the U.S. Coast Guard) and Defense
agencies.
Exemptions claimed for the system:
None.
[FR Doc. E7-10113 Filed 5-24-07; 8:45 am]
BILLING CODE 5001-06-P