Privacy Act of 1974; System of Records, 56062-56066 [E7-19427]

Agencies

• Office of the Secretary of Defense
• DEPARTMENT OF DEFENSE

[Federal Register Volume 72, Number 190 (Tuesday, October 2, 2007)]
[Notices]
[Pages 56062-56066]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-19427]


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DEPARTMENT OF DEFENSE

Office of the Secretary of Defense

[DoD-2007-OS-0009]


Privacy Act of 1974; System of Records

AGENCY: Office of the Secretary, DoD.

ACTION: Notice to amend two systems of records.

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SUMMARY: The Office of the Secretary of Defense is amending two systems 
of records notices in its existing inventory

[[Page 56063]]

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 
November 1, 2007 unless comments are received which result in a 
contrary determination.

ADDRESSES: Send comments to the OSD Privacy Act Coordinator, Records 
Management Section, Washington Headquarters Services, 1155 Defense 
Pentagon, Washington, DC 20301-1155.

FOR FURTHER INFORMATION CONTACT: Ms. Karen Finnegan at (703) 696-3081.

SUPPLEMENTARY INFORMATION: The Office of the Secretary of Defense 
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 specific changes to the record systems being amended are set 
forth below followed by the notice, as amended, published in its 
entirety. The proposed amendments 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 a new or altered system report.

     September 26, 2007.
L.M. Bynum,
Alternative OSD Federal Register Liaison Officer, Department of 
Defense.
S322.15 DMDC

System name:
    Defense Incident-Based Reporting System (DIBRS) (May 25, 2007, 72 
FR 29308).

Changes:
System identifier:
    Delete entry and replace with ``DMDC 07''.
* * * * *

Routine uses of records maintained in the system, including categories 
of users and the purposes of such uses:
    Delete entry and replace with ``The DoD `Blanket Routine Uses' set 
forth at the beginning of the OSD compilation of systems of records 
notices apply to this system.''
* * * * *

Notification procedure:
    Delete entry and replace with ``Individuals seeking to determine 
whether information about themselves is contained in this system should 
address written inquiries to the Privacy Act Officer, Office of Freedom 
of Information, Washington Headquarters Services, 1155 Defense 
Pentagon, Washington, DC 20301-1155.
    Written requests should contain the full name, Social Security 
Number (SSN), date of birth, and current address and telephone number 
of the individual.''

Record access procedures:
    Delete entry and replace with ``Individuals seeking access to 
information about themselves contained in this system should address 
written inquiries to the Privacy Act Officer, Office of Freedom of 
Information, Washington Headquarters Services, 1155 Defense Pentagon, 
Washington, DC 20301-1155.
    Written requests should contain the full name, Social Security 
Number (SSN), date of birth, and current address and telephone number 
of the individual.''

Contesting record procedures:
    Delete entry and replace with ``The OSD rules for accessing 
records, for contesting contents and appealing initial agency 
determinations are published in OSD Administrative Instruction 81; 32 
CFR part 311; or may be obtained from the Privacy Act Officer, Office 
of Freedom of Information, Washington Headquarters Services, 1155 
Defense Pentagon, Washington, DC 20301-1155.
* * * * *
DMDC 07

System name:
    Defense Incident-Based Reporting System (DIBRS).

System location:
    Naval Postgraduate School Computer Center, Naval Postgraduate 
School, Monterey, CA 93943-5000.

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 non-judicial 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 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 non-judicial 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

[[Page 56064]]

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. 10607, Victims Rights and Restitution 
Act of 1990; 18 U.S.C. 922, The Lautenberg Amendment to the Gun Control 
Act; 42 U.S.C. 14071, The Jacob Wetterling Crimes Against Children and 
Sexually Violent Offender Registration Program; 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 specifically be disclosed outside the DoD as a routine use 
pursuant to 5 U.S.C. 552a(b)(3) as follows:
    (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; and (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 the 
OSD 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:
    Electronic storage media.

Retrievability:
    Records are retrieved by name, Social Security Number (SSN), 
incident number, or any other data element contained in the 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.

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 information about 
themselves is contained in this system should address written inquiries 
to the Privacy Act Officer, Office of Freedom of Information, 
Washington Headquarters Services, 1155 Defense Pentagon, Washington, DC 
20301-1155.
    Written requests should contain the full name, Social Security 
Number (SSN), date of birth, and current address and telephone number 
of the individual.

Record access procedures:
    Individuals seeking access to information about themselves 
contained in this system should address written inquiries to the 
Privacy Act Officer, Office of Freedom of Information, Washington 
Headquarters Services, 1155 Defense Pentagon, Washington, DC 20301-
1155.
    Written requests should contain the full name, Social Security 
Number (SSN), date of birth, and current address and telephone number 
of the individual.

Contesting record procedures:
    The OSD rules for accessing records, for contesting contents and 
appealing initial agency determinations are published in OSD 
Administrative Instruction 81; 32 CFR part 311; or may be obtained from 
the Privacy Act Officer, Office of Freedom of Information, Washington 
Headquarters Services, 1155 Defense Pentagon, Washington, DC 20301-
1155.

[[Page 56065]]

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

Exemptions claimed for the system:
    None.
S322.35 DMDC

System name:
    Survey and Census Data Base (June 5, 2006, 71 FR 32331).

Changes:
* * * * *

System identifier:
    Delete entry and replace with ``DMDC 08''.
* * * * *

Routine uses of records maintained in the system, including categories 
of users and the purposes of such uses:
    Delete entry and replace with ``The DoD `Blanket Routine Uses' set 
forth at the beginning of the OSD compilation of systems of records 
notices apply to this system.''
* * * * *

Notification procedure:
    Delete entry and replace with ``Individuals seeking to determine 
whether information about themselves is contained in this system should 
address written inquiries to the Privacy Act Officer, Office of Freedom 
of Information, Washington Headquarters Services, 1155 Defense 
Pentagon, Washington, DC 20301-1155.
    Written requests should contain the full name, Social Security 
Number (SSN), date of birth, and current address and telephone number 
of the individual.''

Record access procedures:
    Delete entry and replace with ``Individuals seeking access to 
information about themselves contained in this system should address 
written inquiries to the Privacy Act Officer, Office of Freedom of 
Information, Washington Headquarters Services, 1155 Defense Pentagon, 
Washington, DC 20301-1155.
    Written requests should contain the full name, Social Security 
Number (SSN), date of birth, and current address and telephone number 
of the individual.''

Contesting record procedures:
    Delete entry and replace with ``The OSD rules for accessing 
records, for contesting contents and appealing initial agency 
determinations are published in OSD Administrative Instruction 81; 32 
CFR part 311; or may be obtained from the Privacy Act Officer, Office 
of Freedom of Information, Washington Headquarters Services, 1155 
Defense Pentagon, Washington, DC 20301-1155.
* * * * *
DMDC 08

System name:
    Survey and Census Data Base.

System location:
    Naval Postgraduate School Computer Center, Naval Postgraduate 
School, Monterey, CA 93943-5000.

Categories of individuals covered by the system:
    Individuals who completed census or survey forms, including 
military members, civilians, persons eligible for DoD benefits, men and 
women of military age, and applicants to the military services.

Categories of records in the system:
    Survey responses and census information.

Authority for maintenance of the system:
    5 U.S.C. 7101 Note, Employee Surveys (Pub. L. 108-136, Sec. 1128); 
10 U.S.C. 136, Under Secretary of Defense for Personnel and Readiness; 
10 U.S.C. 481, Racial and Ethnic Issues; Gender Issues: Surveys; 10 
U.S.C. 1782, Surveys of Military Families; 10 U.S.C. 2358, Research and 
Development Projects; DoD Directive 5124.2, Under Secretary of Defense 
for Personnel and Readiness (USD (P&R)); and E.O. 9397 (SSN).

Purpose(s):
    The purposes of the system are to count DoD personnel and 
beneficiaries for evacuation planning, apportionment when directed by 
oversight authority and for other policy planning purposes, and to 
obtain characteristic information on DoD personnel and households to 
support manpower and benefits research; to sample attitudes and/or 
discern perceptions of social problems observed by DoD personnel and to 
support other manpower research activities; to sample attitudes toward 
enlistment in and determine reasons for enlistment decisions. This 
information is used to support manpower research sponsored by the 
Department of Defense and the military services.

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:
    The information may be used to support manpower research sponsored 
by other Federal agencies.
    The DoD `Blanket Routine Uses' set forth at the beginning of the 
OSD 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:
    Electronic storage media.

Retrievability:
    Records can be retrieved by Social Security Number; by 
institutional affiliation such as service membership; and by individual 
characteristics such as educational level.

Safeguards:
    Access to data at all locations is restricted to those who require 
the records in the performance of their official duties. Access is 
further restricted by the use of passwords which are changed 
periodically. Physical entry is restricted by the use of locks, guards, 
and administrative procedures.

Retention and disposal:
    Master file, system documentation, codebooks, record layouts, and 
other system documentation are permanent. Survey questionnaires and 
census forms (inputs/source records) are destroyed after computer 
records have been created and validated. Summary reports (electronic or 
paper) are deleted and/or destroyed when no longer needed for 
operational purposes.

System manager(s) and address:
    Director, Defense Manpower Data Center, 1600 Wilson Boulevard, 
Suite 400, Arlington, VA 22209-2593.

Notification procedure:
    Individuals seeking to determine whether information about 
themselves is contained in this system should address written inquiries 
to the Privacy Act Officer, Office of Freedom of Information, 
Washington Headquarters Services, 1155 Defense Pentagon, Washington, DC 
20301-1155.
    Written requests should contain the individual's full name, Social 
Security Number (SSN), date of birth, and current address and telephone 
number of the individual.

Record access procedures:
    Individuals seeking access to information about themselves 
contained in this system should address written

[[Page 56066]]

inquiries to the Privacy Act Officer, Office of Freedom of Information, 
Washington Headquarters Services, 1155 Defense Pentagon, Washington, DC 
20301-1155.
    Written requests should contain the individual's full name, Social 
Security Number (SSN), date of birth, and current address and telephone 
number of the individual.

Contesting record procedures:
    The OSD rules for accessing records, for contesting contents and 
appealing initial agency determinations are published in OSD 
Administrative Instruction 81; 32 CFR part 311; or may be obtained from 
the Privacy Act Officer, Office of Freedom of Information, Washington 
Headquarters Services, 1155 Defense Pentagon, Washington, DC 20301-
1155.

Record source categories:
    The survey and census information is provided by the individual; 
additional data obtained from Federal records are linked to individual 
cases in some data sets.

Exemptions claimed for the system:
    None.

[FR Doc. E7-19427 Filed 10-1-07; 8:45 am]
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