Privacy Act of 1974; System of Records

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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