[Federal Register Volume 68, Number 115 (Monday, June 16, 2003)]
[Notices]
[Pages 35652-35655]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-15046]


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DEPARTMENT OF DEFENSE

Defense Logistics Agency


Privacy Act of 1974; Systems of Records

AGENCY: Defense Logistics Agency, DoD.

ACTION: Notice to Alter Systems of Records.

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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 alterations (1) add a new purpose where information will be 
collected on individuals who are involved in incidents of domestic 
violence. The reporting and maintenance of such information is mandated 
by Public Law

[[Page 35653]]

106-65, section 594, as codified at 10 U.S.C. 1562, and (2) adds a new 
routine use to permit release of information to the FBI for the 
purposes of identifying individuals for whom access to a biological 
agent or toxin would violate the Public Health Security and 
Bioterrorism Preparedness and Response Act of 2002, Pub. L. 107-188.

DATES: This action will be effective without further notice on July 16, 
2003 unless comments are received that would result in a contrary 
determination.

ADDRESSES: Send comments to the Privacy Act Officer, Headquarters, 
Defense Logistics Agency, ATTN: DSS-CF, 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 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 proposed system report, as required by 5 U.S.C. 552a(r) of the 
Privacy Act of 1974, as amended, was submitted on May 29, 2003, 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: June 5, 2003.
Patricia Toppings,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
S322.15 DMDC

System name:
    Defense Incident-Based Reporting System (DIBRS) (May 31, 2002, 67 
FR 38073).

Changes:

* * * * *


Authority for maintenance of the system:
    Delete entry and replace with `5 U.S.C. 301, Departmental 
Regulation; 10 U.S.C. 136, Under Secretary of Defense for Personnel and 
Readiness; 10 U.S.C. 1562, Database on Domestic Violence Incidents; 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; 10 U.S.C. 1562, Database on 
Domestic Violence Incidents; Public Health Security and Bioterrorism 
Preparedness and Response Act of 2002, Pub.L. 107-188; DoD Directive 
7730.47, Defense Incident-Based Reporting System (DIBRS); and E.O. 9397 
(SSN).'

Purpose(s):
    Delete entry and replace with `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 the Public Health Security and Bioterrorism 
Preparedness and Response Act of 2002; statistical information required 
by DoD under the Victim's Rights and Restitution Act; information 
required for the DoD database on domestic violence incidents; 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:
    Replace `To the Department of Justice' with `To the Department of 
Justice, or any of its components to which authority has been 
delegated:'
    Under the Justice's Routine Use, add a new subparagraph (3) to read 
as follows: `(3) To compile information on those individuals for whom 
access to a biological agent or toxin would violate the law so that 
such information can be included in a database which may be used to 
determine whether individuals are disqualified from accessing such 
agents or toxins.'
* * * * *

Contesting record procedures:
    Delete entry and replace with `The DLA rules for accessing records 
and appealing initial agency access determinations are contained in 32 
CFR part 323, or may be obtained from the Privacy Act Officer, 
Headquarters, Defense Logistics Agency, ATTN: DSS-B, 8725 John J. 
Kingman Road, Suite 2533, Fort Belvoir, VA 22060-6221.
    The rules for contesting contents are contained in DoD Manual 
7730.47-M, Manual for Defense Incident-Based Reporting System, or may 
be obtained from the Privacy Act Officer, Headquarters, Defense 
Logistics Agency, ATTN: DSS-B, 8725 John J. Kingman Road, Suite 2533, 
Fort Belvoir, VA 22060-6221. Requests for amendment will be forwarded 
to the DoD Component which supplied the contested information for 
adjudication under the Privacy Act rules published by that Component.'
* * * * *
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

[[Page 35654]]

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., Pentagon 
Force Protective Agency, 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; 10 U.S.C. 1562, 
Database on Domestic Violence Incidents; 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; 10 U.S.C. 1562, Database on Domestic Violence 
Incidents; Public Health Security and Bioterrorism Preparedness and 
Response Act of 2002, Pub. L. 107-188; 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 
the Public Health Security and Bioterrorism Preparedness and Response 
Act of 2002; statistical information required by DoD under the Victim's 
Rights and Restitution Act; information required for the DoD database 
on domestic violence incidents; 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, or any of its components to which 
authority has been delegated:
    (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.
    (3) To compile information on those individuals for whom access to 
a biological agent or toxin would violate the law so that such 
information can be included in a database which may be used to 
determine whether individuals are disqualified from accessing such 
agents or toxins.
    The DoD `Blanket Routine Uses' set forth at the beginning of DLA's 
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:
    The master file is retained permanently. Input and source records 
are destroyed after data have been entered into the master file or when 
no longer needed for operational purposes, whichever is later. Output 
products (electronic or paper) are destroyed when no longer needed for 
operational purposes.

[[Page 35655]]

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, 
ATTN: DSS-B, 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, ATTN: DSS-B, 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 appealing initial agency 
access determinations are contained in 32 CFR part 323, or may be 
obtained from the Privacy Act Officer, Headquarters, Defense Logistics 
Agency, ATTN: DSS-B, 8725 John J. Kingman Road, Suite 2533, Fort 
Belvoir, VA 22060-6221.
    The rules for contesting contents are contained in DoD Manual 
7730.47-M, Manual for Defense Incident-Based Reporting System, or may 
be obtained from the Privacy Act Officer, Headquarters, Defense 
Logistics Agency, ATTN: DSS-B, 8725 John J. Kingman Road, Suite 2533, 
Fort Belvoir, VA 22060-6221. Requests for amendment will be forwarded 
to the DoD Component which supplied the contested information for 
adjudication under the Privacy Act rules published by that Component.

Record source categories:
    The military services (includes the U.S. Coast Guard) and Defense 
agencies.

Exemptions claimed for the system:
    None.

[FR Doc. 03-15046 Filed 6-13-03; 8:45 am]
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