[Federal Register Volume 66, Number 162 (Tuesday, August 21, 2001)]
[Notices]
[Pages 43843-43847]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-20751]


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DEPARTMENT OF DEFENSE

Department of the Air Force


Privacy Act of 1974; System of Records

AGENCY: Department of the Air Force, DOD.

ACTION: Notice to alter systems of records.

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SUMMARY: The Department of the Air Force is proposing to alter two 
systems of records notices in its existing inventory of record systems 
subject to the Privacy Act of 1974, (5 U.S.C. 552a), as amended.

DATES: This proposed action will be effective without further notice on 
September 20, 2001 unless comments are received which result in a 
contrary determination.

ADDRESSES: Send comments to the Air Force Privacy Act Manager, CIO-BIM/
P, 1250 Air Force Pentagon, Washington, DC 20330-1250.

FOR FURTHER INFORMATION CONTACT: Mrs. Anne Rollins at (703) 588-0561 or 
DSN 425-0561.

SUPPLEMENTARY INFORMATION: The Department of the Air Force systems of 
records notices 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 reports, as required by 5 U.S.C. 552a(r) of the 
Privacy Act of 1974, as amended, was submitted on August 8, 2001, 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 (February 20, 1996, 61 FR 6427).

    Dated: August 13, 2001.
L.M. Bynum,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
F031 AF SP E

System name:
    Security Police Automated System (SPAS) (June 11, 1997, 62 FR 
31793).

Changes:
* * * * *

System name:
    Delete entry and replace with ``Security Forces Management 
Information System (SFMIS)''.
* * * * *

Categories of individuals covered by the system:
    Delete entry and replace with ``Individuals involved in incidents 
and accidents occurring on Air Force (AF) installations, or reportable 
incidents occurring off base, including all active duty military 
personnel, reserve and guard; DoD civilians and other civilians; and 
retirees, who may be victims, witnesses, complainants, offenders, 
suspects, drivers; individuals who have had tickets issued on base, or 
had their license suspended or revoked; those persons barred from the 
installation; and persons possessing a licensed firearm.''

Categories of records in the system:
    Delete entry and replace with ``Data on individuals (victims, 
witnesses, complainants, offenders, suspects, and drivers) involved in 
incidents may include, but is not limited to, name; Social Security 
Number; date of birth; place of birth; home address and phone; alias; 
race; ethnicity; sex; marital status; identifying marks (tattoos, 
scars, etc.); height; weight; eye and hair color; date, location, 
nature and details of the incident/offense to include whether alcohol, 
drugs and/or weapons were involved; driver's license information; 
tickets issued; vehicle information; suspension/revocation or barment 
records; whether bias against any particular group was involved; if 
offense involved sexual harassment; actions taken by military 
commanders (e.g., administrative and/or non-judicial measures, to 
include sanctions imposed); referral actions; 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.''

Authority for maintenance of the System:
    Delete entry and replace with ``10 U.S.C. 8013, Secretary of the 
Air Force; DoD Directive 7730.47, Defense Incident Based Reporting 
System (DIBRS); Air Force Instruction 31-203, Security Forces 
Management Information System; 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 of 1990; and E.O. 9397 (SSN).''

Purpose(s):
    Delete entry and replace with ``Serves as a repository of criminal 
and specified other non-criminal incidents 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 AF'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.
    Security Forces commanders will use criminal/statistical data for 
local law enforcement purposes. The system generates reports for use by 
the Air Force Security Forces at all levels of command, provides 
security forces commanders the ability to view criminal statistics and 
apply whatever actions are necessary for enforcement.''

Routine uses of records maintained in the system including categories 
of users and the purpose of such uses:
    Add to entry three new paragraphs ``To the Department of Justice 
for criminal reporting purposes and as required by the Brady Handgun 
Violence Prevention Act.
    To courts and state, local, and foreign law enforcement agencies 
for valid judicial proceedings.
    To victims and witnesses to comply with the Victim and Witness 
Assistance Program, the Sexual Assault Prevention and Response Program, 
and the Victims' Rights and Restitution Act of 1990.''
* * * * *

Retention and disposal:
    Delete entry and replace with ``Disposition pending. No records 
will be destroyed until authorization is granted from the National 
Archives and Records Administration. All records will be retained until 
approval is granted.''

[[Page 43844]]

System manager(s) and address:
    Delete entry and replace with ``Reports and Analysis Program 
Manager, Police Services Branch, Headquarters Air Force Security Forces 
Center (HQ AFSFC/SFOP), 1720 Patrick Street, Lackland Air Force Base, 
TX 78236-5226.''
* * * * *

Record source categories:
    Delete entry and replace with ``Information obtained from 
individuals; DoD and civilian law enforcement authorities, security 
flight personnel, desk sergeants, operations personnel, staff judge 
advocates, courts-martial, correctional institutions and facilities, 
and administrative reports branch personnel.''

Exemptions claimed for the system:
    Delete entry and replace with ``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 exemption has been promulgated in 
accordance with requirements of 5 U.S.C. 553(b)(1), (2), and (3), and 
(c) and (e) and published in 32 CFR part 806b. For additional 
information contact the system manager.''
F031 AF SP E

System name:
    Security Forces Management Information System (SFMIS).

System location:
    DISA MegaCenter, Building 857, 401 E. Drive, Maxwell Air Force 
Base-Gunter Annex, AL 36114-3001; security forces units at all levels 
can access the system.

Categories of individuals covered by the system:
    Individuals involved in incidents and accidents occurring on Air 
Force (AF) installations, or reportable incidents occurring off base, 
including all active duty military personnel, reserve and guard; DoD 
civilians and other civilians; and retirees, who may be victims, 
witnesses, complainants, offenders, suspects, drivers; individuals who 
have had tickets issued on base, or had their license suspended or 
revoked; those persons barred from the installation; and persons 
possessing a licensed firearm.

Categories of records in the system:
    Data on individuals (victims, witnesses, complainants, offenders, 
suspects, and drivers) involved in incidents may include, but is not 
limited to, name; social security number; date of birth; place of 
birth; home address and phone; alias; race; ethnicity; sex; marital 
status; identifying marks (tattoos, scars, etc.); height; weight; eye 
and hair color; date, location, nature and details of the incident/
offense to include whether alcohol, drugs and/or weapons were involved; 
driver's license information; tickets issued; vehicle information; 
suspension/revocation or barment records; whether bias against any 
particular group was involved; if offense involved sexual harassment; 
actions taken by military commanders (e.g., administrative and/or non-
judicial measures, to include sanctions imposed); referral actions; 
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.

Authority for maintenance of the system:
    10 U.S.C. 8013, Secretary of the Air Force; DoDD 7730.47, Defense 
Incident Based Reporting System (DIBRS); Air Force Instruction 31-203, 
Security Forces Management Information System; 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 of 1990; and E.O. 9397 (SSN).

Purpose(s):
    Serves as a repository of criminal and specified other non-criminal 
incidents 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 AF'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.
    Security Forces commanders will use criminal/statistical data for 
local law enforcement purposes. The system generates reports for use by 
the Air Force Security Forces at all levels of command, provides 
security forces commanders the ability to view criminal statistics and 
apply whatever actions are necessary for enforcement.

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 the Department of Justice for criminal reporting purposes and as 
required by the Brady Handgun Violence Prevention Act.
    To courts and state, local, and foreign law enforcement agencies 
for valid judicial proceedings.
    To victims and witnesses to comply with the Victim and Witness 
Assistance Program, the Sexual Assault prevention and Response Program, 
and the Victims' Rights and Restitution Act of 1990.
    The DoD `Blanket Routine Uses' published at the beginning of the 
Air Force's compilation of systems of records notices apply to this 
system.

Policies and practices for storing, retrieving, accessing, retaining, 
and disposing of records in the system:
Storage:
    Maintained on computers and computer output products; some paper 
reports are generated.

Retrievability:
    Records are retrieved by name or Social Security Number.

SAFEGUARDS:
    Records are accessed by person(s) responsible for servicing the 
record system in performance of their official duties, and by 
authorized personnel who are properly screened and cleared for need-to-
know. Records are stored in computer storage devices which are 
protected by computer system software.

RETENTION AND DISPOSAL:
    Disposition pending. No records will be destroyed until 
authorization is granted from the National Archives and Records 
Administration. All records will be retained until approval is granted.

SYSTEM MANAGER(S) AND ADDRESS:
    Reports and Analysis Program Manager, Police Services Branch, 
Headquarters Air Force Security Forces Center (HQ AFSFC/SFOP), 1720 
Patrick Street, Lackland Air Force Base, TX 78236-5226.

NOTIFICATION PROCEDURE:
    Individuals seeking to determine whether this system of records 
contains information on themselves should address written inquiries to 
or visit the

[[Page 43845]]

system manager at Headquarters Air Force Security Forces Center, Police 
Services Branch (HQ AFSFC/SFOP), 1720 Patrick Street, Lackland Air 
Force Base, TX 78236-5226. Official mailing addresses are published as 
an appendix to the Air Force's compilation of record system notices.
    Individuals must identify themselves by full name, rank, home 
address, and Social Security Number and present a military ID, valid 
driver's license, or some other form of identification when appearing 
in person.

RECORD ACCESS PROCEDURES:
    Individuals seeking to access records about themselves contained in 
this system should address written requests to or visit the system 
manager at Headquarters Air Force Security Forces Center, Police 
Services Branch, (HQ AFSFC/SFOP), 1720 Patrick Street, Lackland Air 
Force Base, TX 78236-5226.
    Individuals must identity themselves by full name, rank, home 
address, and Social Security Number. Official mailing addresses are 
published as an appendix to the Air Force's compilation of record 
systems notices.

CONTESTING RECORDS PROCEDURES:
    The Air Force rules for accessing records, for contesting contents 
and appealing initial agency determinations are published in Air Force 
Instruction 37-132; 32 CFR part 806b; or may be obtained from the 
system manager.

RECORD SOURCE CATEGORIES:
    Information obtained from individuals; DoD and civilian law 
enforcement authorities, security flight personnel, desk sergeants, 
operations personnel, staff judge advocates, courts-martial, 
correctional institutions and facilities, and administrative reports 
branch personnel.

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 exemption 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 806b. For additional information 
contact the system manager.
F044 AF SG Q

System name:
    Family Advocacy Program Record (June 11, 1997, 62 FR 31793).

Changes:
* * * * *

Categories of individuals covered by the system:
    Delete entry and replace with ``All DoD beneficiaries who are 
entitled to care at Air Force medical facilities.''

Categories of records in the system:
    Delete entry and replace with ``Records of suspected and 
established cases of family maltreatment, assessments and evaluations, 
investigative reports, check lists, family advocacy case management 
team minutes and reports, follow-up and evaluative reports, 
correspondence, and any other supportive data gathered relevant to 
individual family advocacy program cases. Records of family member 
exceptional medical and/or educational needs, medical summaries, 
individual educational program plans, general supportive documentation 
and correspondence. Secondary prevention records, assessment and survey 
instruments, service plans, and chronological data. Prevention contact 
activity files.''
* * * * *

Purpose:
    Delete entry and replace with ``To document the activities of the 
Family Advocacy Program as they relate to allegations of and 
substantiated cases of family maltreatment, exceptional educational 
and/or medical needs of family members, prevention activities, 
assessment and survey activities; compile database for statistical 
analysis, tracking, and reporting; evaluate program effectiveness and 
conduct research.''
* * * * *

Retrievability:
    Delete entry and replace with ``Records are retrieved by the name 
and Social Security Number of the sponsor or the sponsor's spouse.''
* * * * *
F044 AF SG Q

System name:
    Family Advocacy Program Record.

System location:
    Headquarters United States Air Force, Office of the Surgeon 
General, 110 Luke Avenue, Room 400, Bolling Air Force Base, Washington, 
DC 20332-7050;
    Headquarters, Air Force Medical Operations Agency, Family Advocacy 
Program, 2601 Doolittle Road, Building 801, Brooks Air Force Base, TX 
78235-5254;
    Major Command Surgeons' offices; Air Force hospitals, medical 
centers, and clinics. Official mailing addresses are published as an 
appendix to the Air Force's compilation of systems of records notices.

Categories of individuals covered by the system:
    All DoD beneficiaries who are entitled to care at Air Force medical 
facilities.

Categories of records in the system:
    Records of suspected and established cases of family maltreatment, 
assessments and evaluations, investigative reports, check lists, family 
advocacy case management team minutes and reports, follow-up and 
evaluative reports, correspondence, and any other supportive data 
gathered relevant to individual family advocacy program cases. Records 
of family member exceptional medical and/or educational needs, medical 
summaries, individual educational program plans, general supportive 
documentation and correspondence. Secondary prevention records, 
assessment and survey instruments, service plans, and chronological 
data. Prevention contact activity files.

Authority for maintenance of the system:
    10 U.S.C. 8013, Secretary of the Air Force; Air Force Regulation 
40-301, Air Force Family Advocacy Program, and E.O. 9397 (SSN).

Purpose(s):
    To document the activities of the Family Advocacy Program as they 
relate to allegations of and substantiated cases of family 
maltreatment, exceptional educational and/or medical needs of family 
members, prevention activities, assessment and survey activities; 
compile database for statistical analysis, tracking, and reporting; 
evaluate program effectiveness and conduct research.

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 any member of the family in whose sponsor's name the file is 
maintained, in furtherance of treating any member of the family.
    To the Attorney General of the United States or his authorized 
representatives in connection with litigation, or other matters under 
the direct jurisdiction of the Department of Justice.

[[Page 43846]]

    To officials and employees of the Department of Veterans Affairs in 
the performance of their official duties relating to the adjudication 
of veterans claims and in providing medical care to members of the Air 
Force.
    To officials and employees of other departments and agencies of the 
Executive Branch of government upon request in the performance of their 
official duties relating to review of the official qualifications and 
medical history of applicants and employees who are covered by this 
record system and for the conduct of research studies and relating to 
the coordination of family advocacy programs, medical care and research 
concerning family maltreatment and neglect and exceptional educational 
or medical conditions.
    To private organizations (including educational institutions) and 
individuals for authorized health research in the interest of the 
Federal government and the public. When not considered mandatory, 
patient identification data shall be eliminated from records used for 
research studies.
    To officials and employees of the National Research Council in 
cooperative studies of the National History of Disease; of prognosis 
and of epidemiology. Each study in which the records of members and 
former members of the Air Force are used must be approved by the 
Surgeon General of the Air Force.
    To officials and employees of local and state governments and 
agencies in the performance of their official duties pursuant to the 
laws and regulations governing local control of communicable diseases, 
preventive medicine and safety programs, child abuse and other public 
health and welfare programs.
    To the Federal, state or local governmental agencies when 
appropriate in the counseling and treatment of individuals or families 
with exceptional medical or educational needs or when involved in child 
abuse or neglect.
    To authorized surveying bodies for professional certification and 
accreditations.
    To the individual organization or government agency as necessary 
when required by Federal statute, E.O., or by treaty.
    Drug/Alcohol and Family Advocacy information maintained in 
connection with Abuse Prevention Programs shall be disclosed only in 
accordance with applicable statutes.
    The Department of the Air Force `Blanket Routine Uses' set forth at 
the beginning of the Air Force's compilation of systems of records 
notices apply to this system, except as stipulated in the `NOTE' below.

    NOTE: Records of identity, diagnosis, prognosis or treatment of 
any client/patient, irrespective of whether or when he/she ceases to 
be a client/patient, maintained in connection with the performance 
of any alcohol or drug abuse prevention and treatment function 
conducted, requested, or directly or indirectly assisted by any 
department or agency of the United States, shall, except as provided 
herein, be confidential and be disclosed only for the purposes and 
under the circumstances expressly authorized in 42 U.S.C. 290dd-2. 
This statute takes precedence over the Privacy Act of 1974 in regard 
to accessibility of such records except to the individual to whom 
the record pertains. The DoD `Blanket Routine Uses' do not apply to 
these types of records.

Policies and practices for storing, retrieving, accessing, retaining, 
and disposing of records in the system:
Storage:
    Records may be stored in file folders, in computers, and on 
computer output products.

Retrievability:
    Records are retrieved by the name and Social Security Number of the 
sponsor or the sponsor's spouse.

Safeguards:
    Records are maintained in various types of lockable filing 
equipment in monitored or controlled access lockable rooms or areas. 
Records are accessible only to authorized personnel that are properly 
screened and trained. Computer terminals are located in supervised 
areas with access controlled by password or other user-code systems. 
Records on computer storage devices are protected by computer system 
security software or physically stored in lockable filing equipment.

Retention and disposal:
    Maltreatment and Exceptional Family Member Program files will be 
retained in the installation Family Advocacy Office for 2 years after 
the individual case file is closed then transferred to National 
Personnel Records Center (NPRC), 111 Winnebago Street, St. Louis, MO 
63118-2001 for an additional 20 years. Secondary Prevention Files will 
be retained in the office for 2 years after closure then destroyed by 
shredding. New Parent Support Program Contact Activity Files will be 
retained in the office for 2 years after the last staff contact then 
destroyed by shredding.

System manager(s) and address:
    Division Chief, Air Force Medical Operations Agency, Family 
Advocacy Division, 2601 Doolittle Road, Building 801, Brooks Air Force 
Base, TX 78235-5254, Major Command Surgeons, and Commanders of Air 
Force medical treatment facilities. Official mailing addresses are 
published as an appendix to the Air Force's compilation of systems of 
records notices.

Notification procedure:
    Individuals seeking to determine if this system of records contains 
information on them should address inquiries to the Family Advocacy 
Officer at the Air Force medical treatment facility where services were 
provided. Official mailing addresses are published as an appendix to 
the Air Force's compilation of systems of records notices.
    Requests should include the name and Social Security Number of the 
individual concerned.

Record access procedures:
    Individuals seeking to access their records in this system should 
address requests to the Patient Affairs Officer at the Air Force 
medical treatment facility where services were provided. Official 
mailing addresses are published as an appendix to the Air Force's 
compilation of systems of records notices.
    Requests should include the name and Social Security Number of the 
individual concerned.

Contesting record procedures:
    The Air Force rules for accessing records, and for contesting 
contents and appealing initial agency determinations are published in 
Air Force Instruction 37-132; 32 CFR part 806b; or may be obtained from 
the system manager.

Record source categories:
    Individual to whom the record pertains, reports from physicians and 
other medical department personnel; reports and information from other 
sources including educational institutions, medical institutions, law 
enforcement agencies, public and private health and welfare agencies, 
and witnesses.

Exemptions claimed for the system:
    Investigatory material compiled for law enforcement purposes, other 
than material within the scope of subsection 5 U.S.C. 552(j)(2), may be 
exempt pursuant to 5 U.S.C. 552a(k)(2). However, if an individual is 
denied any right, privilege, or benefit for which he would otherwise be 
entitled by Federal law or for which he would otherwise be eligible, as 
a result of the maintenance of the information, the individual will be 
provided access to the information exempt to the extent that disclosure

[[Page 43847]]

would reveal the identity of a confidential source.
    Investigatory material compiled solely for the purpose of 
determining suitability, eligibility, or qualifications for federal 
civilian employment, military service, federal contracts, or access to 
classified information may be except pursuant to 5 U.S.C. 552a(k)(5), 
but only to the extent that such material would reveal the identity of 
a confidential source.
    An exemption rule for this record system has been promulgated in 
accordance with the requirements of 5 U.S.C. 552 (b)(1), (2), and (3), 
(c) and (e) and published in 32 CFR part 806b.
[FR Doc. 01-20751 Filed 8-20-01; 8:45 am]
BILLING CODE 5001-08-M