[Federal Register Volume 62, Number 122 (Wednesday, June 25, 1997)]
[Notices]
[Pages 34234-34236]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-16565]
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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 alter a system of records.
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SUMMARY: The Department of the Navy proposes to alter a record system
in its inventory of system of records notices subject to the Privacy
Act of 1974 (5 U.S.C. 552a), as amended.
DATES: The action will be effective without further notice on July 25,
1997, unless comments are received that would result in a contrary
determination.
ADDRESSES: Send comments to the Department of the Navy, PA/FOIA Policy
Branch, Chief of Naval Operations (N09B30), 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 complete inventory of 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 proposed system report, as required by 5 U.S.C. 552a(r) of the
Privacy Act of 1974, as amended, was submitted on June 13, 1997 to the
House Committee on Government Reform and Oversight, the Senate
Committee on Governmental Affairs, and the Office of Management and
Budget (OMB) pursuant to paragraph 4c of Appendix I to OMB Circular No.
A-130, `Federal Agency Responsibilities for Maintaining Records About
Individuals,' dated February 8, 1996 (February 20, 1996, 61 FR 6427).
Dated: June 19, 1997.
L.M. Bynum,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
N01640-1
System name:
Individual Correctional Records (November 10, 1993, 58 FR 59711).
Changes:
* * * * *
Categories of records in the system:
Add to entry `Names, addresses, and telephone numbers of victims/
witnesses.'
* * * * *
Authority for maintenance of the system:
Add to entry `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.'
Purpose(s):
Delete last word in entry and replace with `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:
Add new paragraph `To victims and witnesses of crime for the
purpose of notifying them of date of parole or clemency hearing and
other release related activities.'
* * * * *
Retention and disposal:
Delete entry and replace with `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 in Chief, U.S. Atlantic Fleet; Commander in Chief, U.S.
Naval Forces Europe; Commander, Naval Education and Training, afloat
brig on Atlantic Fleet ships, and Navy 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 in Chief, U.S. Pacific Fleet;
afloat brigs on Pacific Fleet ships; and Navy Consolidated Brig,
Miramar.
Records of prisoners accompany their transfer to other facilities.'
* * * * *
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 Bureau of Naval Personnel (Pers 84), 2 Navy
Annex, Washington, DC 20370-5084.
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 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; disciplinary action data
cards showing name, grade, Social Security Number, sex, education,
sentence, offense(s),
[[Page 34235]]
sentence computation, organization, ethnic group, discharge awarded,
length of unauthorized absence, number and type of prior punishments,
length of service, and type release; weekly status report (each
member's legal status, offense charged, length of time confined). On
tape, the same data as the disciplinary action data card, except name,
computation of sentence. 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 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 `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 in Chief, U.S. Atlantic Fleet; Commander in Chief, U.S.
Naval Forces Europe; Commander, Naval Education and Training, afloat
brig on Atlantic Fleet ships, and Navy 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 in Chief, U.S. Pacific Fleet;
afloat brigs on Pacific Fleet ships; and Navy Consolidated Brig,
Miramar.
Records of prisoners accompany their transfer to other facilities.
System manager(s) and address:
Policy Officials: Chief of Naval Personnel (Pers 84), Bureau of
Naval Personnel, 2 Navy Annex, Washington, DC 20370-5084, and
Commandant of the Marine Corps (Code MHC), Headquarters, U.S. Marine
Corps, 2 Navy Annex, Washington, DC 20380-0001.
Record Holders: United States Navy 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 Bureau of Naval Personnel (Pers 84), 2 Navy Annex,
Washington, DC 20370-5084.
Notification procedure:
Individuals seeking to determine whether information about
themselves is contained in this system should address written inquiries
to the United States Navy Brig or United States Marine Corps Brigs
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 Bureau of Naval Personnel (Pers 84), 2 Navy
Annex, Washington, DC 20370-5084.
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 Navy Brig or United States Marine Corps Brigs 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 Bureau of Naval Personnel (Pers 84), 2 Navy Annex,
Washington, DC 20370-5084.
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 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
[[Page 34236]]
CFR part 701, subpart G. For additional information contact the system
manager.
[FR Doc. 97-16565 Filed 6-24-97; 8:45 am]
BILLING CODE 5000-04-F