[Federal Register Volume 74, Number 239 (Tuesday, December 15, 2009)]
[Notices]
[Pages 66298-66300]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-29220]


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DEPARTMENT OF DEFENSE

Office of the Secretary

[Docket ID DOD-2009-OS-0179]


Privacy Act of 1974; System of Records

AGENCY: Office of the Secretary of Defense.

ACTION: Notice to add a system of records.

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SUMMARY: The Office of the Secretary of Defense proposes to add a 
system of records to its inventory of record systems subject to the 
Privacy Act of 1974 (5 U.S.C. 552a), as amended.

DATES: This proposed action would be effective without further notice 
on January 14, 2010 unless comments are received which result in a 
contrary determination.

ADDRESSES: You may submit comments, identified by docket number and 
title, by any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Mail: Federal Docket Management System Office, 1160 
Defense Pentagon, Washington, DC 20301-1160.
    Instructions: All submissions received must include the agency 
name, docket number and title for this Federal Register document. The 
general policy for comments and other submissions from members of the 
public is to make these submissions available for public viewing on the 
Internet at http://www.regulations.gov as they are received without 
change, including any personal identifiers or contact information.

FOR FURTHER INFORMATION CONTACT: Ms. Cindy Allard at (703) 588-6830.

SUPPLEMENTARY INFORMATION: The Office of the Secretary of Defense 
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: Chief, OSD/JS Privacy Office, Freedom of 
Information Directorate, Washington Headquarters Services, 1155 Defense 
Pentagon, Washington DC 20301-1155.
    The proposed system report, as required by 5 U.S.C. 552a(r) of the 
Privacy Act of 1974, as amended, was submitted on June 29, 2009, to the

[[Page 66299]]

House Committee on Oversight and 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: December 3, 2009.
Mitchell S. Bryman,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
System Identifier:
    DHRA 06 DoD

System name:
    Defense Sexual Assault Incident Database

System location:
    Primary location: Washington Headquarters Services, Information 
Technology Management Directorate, WHS-Supported Organizations 
Division, 2521 South Clark Street, Suite 640, Arlington, Virginia 
22209-2328.
    Secondary locations: The Department of the Army, Sexual Assault 
Data Management System, Army G-1, DAPE-HR-HF, Room 300 Army Pentagon, 
Washington, DC 20310-0300.
    The Department of the Navy, Consolidated Law Enforcement Operations 
Center, Naval Criminal Investigative Service, 716 Sicard Street, SE., 
Washington Navy Yard, DC 20388-5380.
    The Department of the Navy, Criminal Justice Information System, 
Naval Criminal Investigative Service, 716 Sicard Street, SE., 
Washington Navy Yard, DC 20388-5380.
    The Department of the Navy, Sexual Assault Victim Intervention, 
Navy Installations Command, N911, Sexual Assault Victim Intervention 
Program Manager, 716 Sicard Street, SE., Suite 1000, Washington Navy 
Yard, DC 20374-5140.
    The U.S. Marine Corps, Sexual Assault Information Reporting 
Database, Manpower and Reserve Affairs, Headquarters United States 
Marine Corps, 3280 Russell Road, Quantico, Virginia 22134-5143.
    The Department of the Air Force, Investigative Information 
Management System, Headquarters United States Air Force, Air Force 
Office of Special Investigations, 1535 Command Drive, Room AA301, 
Andrews Air Force Base, Maryland 20762-7002.
    The Department of the Air Force, Automated Military Justice 
Analysis and Management System, The Judge Advocate General, 
Headquarters United States Air Force, 1420 Air Force Pentagon, 
Washington, DC 20330-1420.
    The National Guard Bureau, Sexual Assault Prevention and Response 
Office, ATTN: Defense Sexual Assault Incident Database Program Manager, 
1401 Wilson Boulevard, Suite 402, Arlington, Virginia 22209-2318.
    Decentralized locations include the Services staff and field 
operating agencies, major commands, installations, and activities. 
Official mailing addresses are published as an appendix to each 
Service's compilation of systems of records notices.

Categories of individuals covered by the system:
    Military personnel, DoD civilians, or contractors who may be 
victims and/or alleged perpetrators in a sexual assault involving a 
member of the Armed Forces.

Categories of records in the system:
    Victim information includes last, first, and middle name, victim 
case number (i.e., system generated unique control number), 
identification type (i.e., Social Security Number (SSN), passport, U.S. 
Permanent Residence Card, foreign identification), identification 
number for identification provided, birth date, age at the time of 
incident, gender, race, ethnicity, and victim category (i.e., military, 
DoD civilian/contractor).
    Alleged perpetrator information includes last, first, and middle 
name, identification type (i.e., Social Security Number (SSN), 
passport, U.S. Permanent Residence Card, foreign identification), 
identification number for identification provided, birth date, age at 
the time of incident, gender, race, ethnicity, and alleged perpetrator 
category (i.e., military, DoD civilian/contractor).
    However, if a victim of a sexual assault involving a member of the 
Armed Forces makes a restricted report of sexual assault, no personal 
identifying information for the victim and/or alleged perpetrator is 
collected.

Authority for maintenance of the system:
    10 U.S.C. 113 note, Department of Defense Policy and Procedures on 
Prevention and Response to Sexual Assaults Involving Members of the 
Armed Forces; 10 U.S.C. 136, Under Secretary of Defense for Personnel 
and Readiness; DoD Directive 6495.01, Sexual Assault Prevention and 
Response (SAPR) Program; DoD Instruction 6495.02, Sexual Assault 
Prevention and Response (SAPR) Program Procedures; 10 U.S.C. 3013, 
Secretary of the Army; Army Regulation 600-20, Sexual Assault 
Prevention and Response (SAPR) Program; 10 U.S.C. 5013, Secretary of 
the Navy; Secretary of the Navy Instruction 1752.4A, Sexual Assault 
Prevention and Response; Marine Corps Order 1752.5A, Sexual Assault 
Prevention and Response (SAPR) Program; 10 U.S.C. 8013, Secretary of 
the Air Force; Air Force Instruction 36-6001, Sexual Assault Prevention 
and Response (SAPR) Program; and E.O. 9397 (SSN), as amended.

Purpose(s):
    To facilitate the reporting requirements found in 10 U.S.C. 113 
note, Department of Defense Policy and Procedures on Prevention and 
Response to Sexual Assaults Involving Members of the Armed Forces by 
centralizing case-level sexual assault data involving a member of the 
Armed Forces and ensuring uniform collection of data on the incidence 
of sexual assaults. To measure compliance and the effectiveness of 
sexual assault prevention and response training and awareness 
objectives. Information on DoD civilians or contractors is collected 
only if they are a victim or alleged perpetrator of a sexual assault 
involving a member of the Armed Forces such information is collected 
only for statistical purposes. At the local level, Sexual Assault 
Response Coordinators and Victim Advocates work with victims to ensure 
that they are aware of services available, and that they have contact 
with medical treatment personnel and DoD law enforcement entities. At 
the DoD level, only de-identified data is used to respond to mandated 
reporting requirements. The DoD Sexual Assault Prevention and Response 
Office has access to identified closed case information and de-
identified, aggregate open case information for study, research, and 
analysis purposes.

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 of 1974, these records may specifically be 
disclosed outside the DoD as a routine use pursuant to 5 U.S.C. 
552a(b)(3) as follows:
    The DoD ``Blanket Routine Uses'' set forth at the beginning of 
Office of the Secretary of Defense systems of records notices apply to 
this system.

Policies and practices for storing, retrieving, accessing, retaining, 
and disposing of records in the system:
Storage:
    Paper files and electronic media.

[[Page 66300]]

Retrievability:
    Victim records are retrieved by first name, last name, Social 
Security Number (SSN), identification number and type of identification 
provided, and Defense Sexual Assault Incident Database control number 
assigned to the incident.
    Alleged perpetrator records are retrieved by first name, last name, 
and identification number and type of identification provided.

Safeguards:
    Primary location: Records are maintained in a controlled facility. 
Physical entry is restricted by the use of alarms, cipher and locks and 
armed guards. Access to case files in the system is role-based and 
requires the use of a Common Access Card and password. Further, at the 
DoD-level, only de-identified data can be accessed.
    Secondary location: Each Service ensures that all paper and 
electronic records are collected, retained, and destroyed IAW DoD 
Directive 5015.2, ``Department of Defense Records Management Program'' 
and DoD Directive 5015.2-STD, ``Design Criteria Standard for Electronic 
Records Management Software Applications.''
    These are ``For Official Use Only'' records and are maintained in 
controlled facilities that employ physical restrictions and safeguards 
such as security guards, identification badges, key cards, and locks.''

Retention and disposal:
    Records are cut off two years after inactivity and destroyed sixty 
years after cut off.
    ``For Official Use Only'' records are destroyed in a way that 
precludes recognition or reconstruction that includes but are not 
limited to the following methods: burning, cross-cut shredding, wet-
pulping, mutilation, chemical decomposition or destroyed IAW DoD 
5200.1-R, ``Information Security Program.''

System manager(s) and address:
    Sexual Assault Prevention and Response Office, Attn: Defense Sexual 
Assault Incident Database Program Manager, 1401 Wilson Boulevard, Suite 
402, Arlington, Virginia 22209-2318.

Notification procedure:
    Individuals seeking to determine whether information about 
themselves is contained in this system of records should address 
written inquiries to the appropriate Service office listed below:
    The Department of the Army, Sexual Assault Data Management System, 
Army G-1, Attn: DAPE-HR-HF, 300 Army Pentagon, Washington, DC 20310-
0300.
    The Department of the Navy and the Marine Corps, Naval Criminal 
Investigative Service, 716 Sicard Street, SE., Washington Navy Yard, DC 
20388-5380.
    The Department of the Air Force, ATTN: Sexual Assault Prevention 
and Response Program Manager, 201 12th Street South, Suite 411, 
Arlington, Virginia 22202-5408.
    The National Guard Bureau, Sexual Assault Prevention and Response 
Office, Attn: Defense Sexual Assault Incident Database Program Manager, 
1401 Wilson Boulevard, Suite 402, Arlington, Virginia 22209-2318.
    Requests should contain first and last name, Social Security Number 
(SSN), and identification number for type of identification type 
referenced. Requests must be signed and include the name, 
identification number, form of identification, indicate whether the 
individual is a victim or alleged perpetrator, and the number of this 
system of records notice.

Record access procedures:
    Individuals seeking access to records about themselves contained in 
this system of records should address written inquiries to the 
following as appropriate:
    The Department of the Army, Sexual Assault Data Management System, 
Army G-1, Attn: DAPE-HR-HF, 300 Army Pentagon, Washington, DC 20310-
0300.
    The Department of the Navy and the Marine Corps, Naval Criminal 
Investigative Service, 716 Sicard Street, SE., Washington Navy Yard, DC 
20388-5380.
    The Department of the Air Force, Attn: Sexual Assault Prevention 
and Response Program Manager, 201 12th Street South, Suite 411, 
Arlington, Virginia 22202-5408.
    The National Guard Bureau, Sexual Assault Prevention and Response 
Office, Attn: Defense Sexual Assault Incident Database Program Manager, 
1401 Wilson Boulevard, Suite 402, Arlington, Virginia 22209-2318.
    Requests should contain first and last name, Social Security Number 
(SSN), and identification number for type of identification type 
referenced. Requests must be signed and include the name, 
identification number, form of identification, indicate whether the 
individual is a victim or alleged perpetrator, and the number of this 
system of records notice.

Contesting record procedures:
    The Office of the Secretary of Defense rules for accessing records 
for contesting contents and appealing initial agency determinations are 
contained in Office of the Secretary of Defense Administrative 
Instruction 81; 32 Code of Federal Regulations part 311; or may be 
obtained from the system manager.

Record source categories:
    The individual, Sexual Assault Response Coordinators, Service 
Military Criminal Investigative Organizations, and Offices of the Judge 
Advocate Generals.

Exemptions claimed for the system:
    None.

[FR Doc. E9-29220 Filed 12-14-09; 8:45 am]
BILLING CODE 5001-06-P