Federal Register, Volume 62 Issue 161 (Wednesday, August 20, 1997)

[Federal Register Volume 62, Number 161 (Wednesday, August 20, 1997)]
[Notices]
[Pages 44264-44266]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-21974]


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DEPARTMENT OF DEFENSE

Defense Logistics Agency


Privacy Act of 1974; System of Records

AGENCY: Defense Logistics Agency, DOD.
ACTION: Alter a record system.

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SUMMARY: The Defense Logistics Agency proposes to alter 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 are 
required as a result of action by the Bureau of Alcohol, Tobacco, and 
Firearms amending its regulation which further clarifies those 
categories of individuals who are prohibited from receiving or 
possessing firearms under the Brady Handgun Violence Prevention Act 
(Pub.L. 103-159). The clarification permits further identification of 
those individuals who are to be included in the record system being 
altered.
DATES: The alteration will be effective without further notice on 
September 19, 1997, unless comments are received that would result in a 
contrary determination.
ADDRESSES: Send comments to the Privacy Act Officer, Defense Logistics 
Agency, ATTN: CAAV, 8725 John J. Kingman Road, Suite 2533, Fort 
Belvoir, VA 22060-6221.
FOR FURTHER INFORMATION CONTACT: Ms. Susan Salus at (703) 767-6183.
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 altered are set 
forth below followed by the notice, as altered, published in its 
entirety. The changes are required as a result of action by the Bureau 
of Alcohol, Tobacco, and Firearms amending its regulation which further 
clarifies those categories of individuals who are prohibited from 
receiving or possessing firearms under the Brady Handgun Violence 
Prevention Act (Pub.L. 103-159). The clarification permits further 
identification of those individuals who are to be included in the 
record system being altered.
    An altered system report, as required by 5 U.S.C. 552a(r) of the 
Privacy Act was submitted on August 7, 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 20, 1996 (61 FR 6427).
    Dated: August 14, 1997.

L.M. Bynum,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
S322.15 DMDC

SYSTEM NAME:
    Defense Incident-Based Reporting System (DIBRS) (December 20, 1996, 
61 FR 67322).

Changes:
* * * * *

CATEGORIES OF INDIVIDUALS covered by the system:
    Delete last paragraph and replace with `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); or 
have been discharged from the Armed Services pursuant to either a 
dishonorable discharge or a dismissal adjudged by a general courts-
martial.'
* * * * *
S322.15 DMDC

SYSTEM NAME:
    Defense Incident-Based Reporting System (DIBRS).

SYSTEM LOCATION:
    Primary location: W.R. Church Computer Center, Naval Postgraduate 
School, Monterey, CA 93943-5000.
    Back-up files maintained in a bank vault in Hermann Hall, 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 punishable under the Uniform Code of Military 
Justice.
    Active duty military (includes Coast Guard) personnel convicted by 
civilian authorities of felony offenses as defined by State or local 
law; attempting or committing suicide; or whose dependent resides in 
the same household and is the victim of Sudden Infant Death Syndrome 
(SIDS).
    Individuals who are victims of those offenses which are either 
reportable to the Department of Justice or are punishable under the 
Uniform Code of Military Justice.
    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

[[Page 44265]]

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); or have been discharged from the Armed Services pursuant to 
either a dishonorable discharge or a dismissal adjudged by a general 
courts-martial.

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 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:
    W.R. Church Computer Center: Tapes are stored in a locked cage in a 
controlled access area; tapes can be physically accessed only by 
computer center personnel and can be mounted for processing only if the 
appropriate security code is provided.
    Back-up location: Tapes are stored in a bank-type vault; buildings 
are locked after hours and only properly cleared and authorized 
personnel have access.

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 published in DLA 
Regulation 5400.21; 32 CFR part 323; or may be obtained from the 
Privacy Act Officer, Headquarters, Defense Logistics Agency, CAAV, 8725 
John J. Kingman Road,

[[Page 44266]]

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. 97-21974 Filed 8-19-97; 8:45 am]
BILLING CODE 5000-04-F