[Federal Register: June 16, 2003 (Volume 68, Number 115)]
[Notices]
[Page 35655-35657]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16jn03-54]
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DEPARTMENT OF DEFENSE
Department of the Navy
Privacy Act of 1974; System of Records
AGENCY: Department of the Navy, DoD.
ACTION: Notice to Amend and Delete Records Systems.
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SUMMARY: The Department of the Navy is amending one system of records
notice in its inventory of records systems subject to the Privacy Act
of 1974, as amended (5 U.S.C. 552a), and deleting one system of records
notice.
DATES: The amendment will be effective on July 16, 2003 unless comments
are received that would result in a contrary determination.
ADDRESSES: Send comments to Department of the Navy, PA/FOIA Policy
Branch, Chief of Naval Operations, N09B10, 2000 Navy Pentagon,
Washington, DC 20350-2000.
FOR FURTHER INFORMATION CONTACT: Mrs. Doris Lama at (202) 685-6545 or
DSN 325-6545.
SUPPLEMENTARY INFORMATION: The Department of the Navy'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 Department of the Navy 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 reports. The records system being amended is set forth
below, as amended, published in its entirety.
Dated: May 30, 2003.
Patricia L. Toppings,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
Deletion
N05370-2
System name:
Financial Interest Disclosure Statements (May 9, 2003, 68 FR
24959).
Reason:
These records are now being maintained under the Office of
Government Ethics government-wide Privacy Act systems of records
notices OGE/GOVT-1, entitled `Executive Branch Personnel Public
Financial Disclosure Reports and Other Name-Retrieved Ethics Program
Records' and OGE/GOVT-2, entitled `Executive Branch Confidential
Financial Disclosure Reports'.
Amendment
N01640-1
System name:
Individual Correctional Records (May 9, 2003, 68 FR 24959).
Changes
* * * * *
System location:
Delete entry and replace with `United States Navy Brigs and United
States Marine Corps Correctional Facilities. Official mailing addresses
are published as an appendix to the Navy's compilation of systems of
records notices, and/or may be obtained from the Navy Personnel Command
(Pers-84), 5720 Integrity Drive, Millington, TN 38055-8400.'
* * * * *
N01640-1
System name:
Individual Correctional Records.
System location:
United States Navy Brigs and United States Marine Corps
Correctional Facilities. Official mailing addresses are published as an
appendix to the Navy's compilation of systems of records notices, and/
or may be obtained from the Navy Personnel Command (Pers-84), 5720
Integrity Drive, Millington, TN 38055-8400.
Categories of individuals covered by the system:
Military members confined in a naval facility as a result of or
pending trial by courts-martial; military members sentenced to three
days bread and water or diminished rations; and military members
awarded correctional custody to be served in a correctional custody
unit.
Categories of records in the system:
Documents related to the administration of individual prisoners in
the Department of the Navy confinement and correctional custody
facilities--courts martial orders; release orders; confinement orders;
medical examiners' reports; requests and receipts for health and
comfort supplies; reports and recommendations relative to disciplinary
actions; clothing and equipment records; mail and visiting lists and
records; personal history records; individual prisoner utilization
records; requests for interview; initial
[[Page 35656]]
interview; spot reports; prisoner identification records; parolee
agreements; inspection record of prisoner in segregation; personal
funds records; valuables and property record; daily report of prisoners
received and released; admission classification summary; social
history; clemency recommendations and actions; parole recommendations
and actions; restoration recommendations and actions; psychiatric,
psychological, and sociological reports; certificate of parole;
certificate of release from parole; requests to transfer prisoners;
records showing name, grade, Social Security Number, sex, education,
sentence, offense(s), sentence computation, organization, ethnic group,
discharge awarded, length of unauthorized absence, number and type of
prior punishments, length of service, and type release; reports showing
legal status, offense charged, and length of time confined. Names,
addresses, and telephone numbers of victims/witnesses.
Authority for maintenance of the system:
10 U.S.C. 951; 42 U.S.C. 10601 et seq., Victim's Rights and
Restitution Act of 1990 as implemented by DoD Instruction 1030.2,
Victim and Witness Assistance Procedures; and E.O. 9397 (SSN).
Purpose(s):
To determine initial custody classification; to determine when
custody grade change is appropriate; to gauge member's adjustment to
confinement or correctional custody; to identify areas of particular
concern to prisoners and personnel in correctional custody; to
determine work assignment; to determine educational needs; serves as
the basis for correctional treatment; serves as a basis for
recommendations for clemency, restoration, and parole; and to notify
victims/witnesses of crime of release related activities.
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 specifically be disclosed outside the DoD as a routine use
pursuant to 5 U.S.C. 552a(b)(3) as follows:
To Federal, state, and local law enforcement and investigative
agencies for investigation and possible criminal prosecution, civil
court actions or regulatory order.
To state and local authorities for purposes of providing (1)
notification that individuals, who have been convicted of a specified
sex offense or an offense against a victim who is a minor, will be
residing in the state upon release from military confinement and (2)
information about the individual for inclusion in a state operated sex
offender registry.
To confinement/correctional system agencies for use in the
administration of correctional programs to include custody
classification; employment, training and educational assignments;
treatment programs; clemency, restoration to duty, and parole actions;
verifications concerning military offenders or military criminal
records, employment records and social histories.
To victims and witnesses of crime for the purpose of notifying them
of date of parole or clemency hearing and other release related
activities.
The DoD `Blanket Routine Uses' that appear at the beginning of the
Navy's compilation of systems of records notices also apply to this
system.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Paper records and computerized data base.
Retrievability:
Name and Social Security Number.
Safeguards:
Records are maintained in areas accessible only to authorized
personnel who are properly screened, cleared, and trained. Computer
data base is password protected.
Retention and disposal:
Two years after a prisoner is released or transferred from a brig
or expiration of parole, prisoner records are transferred to the
appropriate Federal Records Center.
Federal Records Center Atlanta, 1557 St. Joseph Avenue, East Point,
GA 30344 has records from ashore brigs under the area coordination of
the Commander, U.S. Atlantic Fleet; Commander, U.S. Naval Forces
Europe; Commander, Naval Education and Training, afloat brig on
Atlantic Fleet ships, and Naval Consolidated Brig, Charleston.
Federal Records Center Los Angeles, 2400 Avila Road, P.O. Box 6719,
Laguna Niegel, CA 92607-6719 has records for ashore brigs under the
area consideration of the Commander, U.S. Pacific Fleet; afloat brigs
on Pacific Fleet ships; and Naval Consolidated Brig, Miramar.
Records of prisoners accompany their transfer to other facilities.
System manager(s) and address:
Policy Officials: Commander, Navy Personnel Command (Pers-84), 5720
Integrity Drive, Millington, TN 38055-8400 and Commandant of the Marine
Corps (Code POS-40), Headquarters, U.S. Marine Corps, 2 Navy Annex,
Washington, DC 20380-0001.
Record Holders:
United States Naval Brigs and United States Marine Corps Brigs.
Official mailing addresses are published as an appendix to the Navy's
compilation of systems of records notices, and/or may be obtained from
the Commander, Navy Personnel Command (Pers-84), 5720 Integrity Drive,
Millington, TN 38055-8400.
Notification procedure:
Individuals seeking to determine whether information about
themselves is contained in this system should address written inquiries
to the United States Naval Brig or United States Marine Corps Brig
where incarcerated. Official mailing addresses are published as an
appendix to the Navy's compilation of systems of records notices, and/
or may be obtained from the Commander, Navy Personnel Command (Pers-
84), 5720 Integrity Drive, Millington, TN 38055-8400.
Requests should include full name and Social Security Number and
must be signed by the requesting individual.
Record access procedures:
Individuals seeking access to information about themselves
contained in this system should address written inquiries to the United
States Naval Brig or United States Marine Corps Brig where
incarcerated. Official mailing addresses are published as an appendix
to the Navy's compilation of systems of records notices, and/or may be
obtained from the Commander, Navy Personnel Command (Pers-84), 5720
Integrity Drive, Millington, TN 38055-8400.
Requests should include full name and Social Security Number and
must be signed by the requesting individual.
Contesting record procedures:
The Navy's rules for accessing records, and for contesting contents
and appealing initial agency determinations are published in Secretary
of the Navy Instruction 5211.5; 32 CFR part 701; or may be obtained
from the system manager.
Record source categories:
Military personnel records; military financial and medical records;
military and civilian investigative and law enforcement agencies;
courts-martial proceedings; records of non-judicial
[[Page 35657]]
administrative proceedings; United States military commanders; staff
members and cadre supply information relative to service member's
conduct or duty performance; and other individuals or organizations
which may supply information relevant to the purpose for which this
system was designed.
Exemptions claimed for the system:
Parts of this system may be exempt pursuant to 5 U.S.C. 552a(j)(2)
if the information is compiled and maintained by a component of the
agency which performs as its principle function any activity pertaining
to the enforcement of criminal laws.
An exemption rule for this system has been promulgated in
accordance with requirements of 5 U.S.C. 553(b) (1), (2), and (3), (c)
and (e) and published in 32 CFR part 701, subpart G. For additional
information contact the system manager.
[FR Doc. 03-15047 Filed 6-13-03; 8:45 am]
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