[Federal Register Volume 65, Number 65 (Tuesday, April 4, 2000)]
[Notices]
[Pages 17645-17647]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-8185]


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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 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 alteration adds a 
routine use to allow the disclosure of records 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.

DATES: This action will be effective on May 4, 2000, 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 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 was submitted on March 23, 2000, to the House Committee on 
Government Reform, 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, 
(61 FR 6427, February 20, 1996).

    Dated: March 29, 2000.
L.M. Bynum,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
N01640-1

System name:
    Individual Correctional Records (June 25, 1997, 58 FR 34234).

Changes:
* * * * *

System location:
    In lines 6-8, delete from ``Bureau'' to end of sentence and replace 
with ``Navy Personnel Command (Pers-84), 5720 Integrity Drive, 
Millington, TN 38055-8400.''
* * * * *

Categories of records in the system:
    In line 25, delete the words ``disciplinary action data cards'' and 
replace with ``records''. In line 32, after the word ``release''; 
delete the rest of the entry and replace with ``reports showing legal 
status, offense charged, and length of time confined. Names, addresses, 
and telephone numbers of victims/witnesses.''
* * * * *

Routine uses of records maintained in the system, including categories 
of users and the purposes of such uses:
    Add the following paragraph to entry ``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.''
* * * * *

System manager(s) and address:
    Delete entry and replace with ``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.''
* * * * *
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 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,

[[Page 17646]]

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 ``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 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 in Chief, 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 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

[[Page 17647]]

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. 00-8185 Filed 4-3-00; 8:45 am]
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