[Federal Register Volume 68, Number 115 (Monday, June 16, 2003)]
[Notices]
[Pages 35655-35657]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-15047]


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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 Amend and Delete Records Systems.

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SUMMARY: The Department of the Navy is amending one system of records 
notice in its inventory of records systems subject to the Privacy Act 
of 1974, as amended (5 U.S.C. 552a), and deleting one system of records 
notice.

DATES: The amendment will be effective on July 16, 2003 unless comments 
are received that would result in a contrary determination.

ADDRESSES: Send comments to Department of the Navy, PA/FOIA Policy 
Branch, Chief of Naval Operations, N09B10, 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 Department of the Navy proposes to amend 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 to the system of records 
are not within the purview of subsection (r) of the Privacy Act of 1974 
(5 U.S.C. 552a), as amended, which requires the submission of new or 
altered systems reports. The records system being amended is set forth 
below, as amended, published in its entirety.

    Dated: May 30, 2003.
Patricia L. Toppings,
Alternate OSD Federal Register Liaison Officer, Department of Defense.

Deletion

N05370-2

System name:
    Financial Interest Disclosure Statements (May 9, 2003, 68 FR 
24959).

Reason:
    These records are now being maintained under the Office of 
Government Ethics government-wide Privacy Act systems of records 
notices OGE/GOVT-1, entitled `Executive Branch Personnel Public 
Financial Disclosure Reports and Other Name-Retrieved Ethics Program 
Records' and OGE/GOVT-2, entitled `Executive Branch Confidential 
Financial Disclosure Reports'.

Amendment

N01640-1

System name:
    Individual Correctional Records (May 9, 2003, 68 FR 24959).

Changes


* * * * *

System location:
    Delete entry and replace with `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.'
* * * * *
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

[[Page 35656]]

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, 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 DoD `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, U.S. Atlantic Fleet; Commander, 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, 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

[[Page 35657]]

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 CFR part 701, subpart G. For additional 
information contact the system manager.

[FR Doc. 03-15047 Filed 6-13-03; 8:45 am]
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