Privacy Act of 1974; System of Records, 68302-68304 [2015-28081]
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68302
Federal Register / Vol. 80, No. 213 / Wednesday, November 4, 2015 / Notices
Pharmacy Program; OMB Control
Number 0720–0032.
Needs and Uses: The Department of
Defense (DoD) is extending the
information collection requirements
under current OMB Control Number
0720–0032. Specifically, under the
collection of information,
pharmaceutical manufacturers will base
refund calculation reporting
requirements on the difference between
the average non-Federal price of the
drug sold by the pharmaceutical
manufacturer to wholesalers, as
represented by the most recent annual
non-Federal average manufacturing
prices (non-FAMP) (reported to the
Department of Veterans Affairs (VA))
and the corresponding Federal Ceiling
Price (FCP) or, in the discretion of the
pharmaceutical manufacturer, the
difference between the FCP and direct
commercial contract sales prices
specifically attributable to the reported
TRICARE paid pharmaceuticals
determined for each applicable National
Drug Code (NDC) listing, per Refund
Procedures outlined in CFR 199.21. DoD
will use the reporting and audit
capabilities of the Pharmacy Data
Transaction Service (PDTS) to validate
refunds owed to the Government. In
Fiscal Year (FY) 15, the government
received approximately $1.1 billion
from pharmaceutical manufacturers as a
result of this program/refund
calculation reporting requirements.
Affected Public: Business or other for
profit; Not-for-profit institutions
Annual Burden Hours: 9,600.
Number of Respondents: 300.
Responses per Respondent: 4.
Annual Responses: 1200.
Average Burden per Response: 8
hours.
Frequency: Quarterly.
10 United States Code (U.S.C.)
1074g(f) makes drugs provided to
eligible covered beneficiaries through
the TRICARE Retail Pharmacy Program
subject to the pricing standards of the
Veterans Health Care Act. Under the
authority of 10 U.S.C. 1074g(h), 32 Code
of Federal Regulation (CFR) 199.21(q)(3)
requires information collection to
implement 10 U.S.C. 1074g(f). The DoD
is extending the information collection
control number 0720–0032. Specifically,
under the collection of information,
pharmaceutical manufacturers will base
refund calculation reporting
requirements on the difference between
the average non-Federal price of the
drug sold by the pharmaceutical
manufacturer to wholesalers, as
represented by the most recent annual
non-FAMP (reported to the VA) and the
corresponding FCP or, in the discretion
of the pharmaceutical manufacturer, the
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difference between the FCP and direct
commercial contract sales prices
specifically attributable to the reported
TRICARE paid pharmaceuticals
determined for each applicable NDC
listing, per Refund Procedures outlined
in CFR 199.21. The DoD will use the
reporting and audit capabilities of the
PDTS to validate refunds owed to the
Government.
Dated: October 30, 2015.
Aaron Siegel,
Alternate OSD Federal Register, Liaison
Officer, Department of Defense.
[FR Doc. 2015–28072 Filed 11–3–15; 8:45 am]
BILLING CODE 5001–06–P
DEPARTMENT OF DEFENSE
Office of the Secretary
[Docket ID: DoD–2015–OS–0120]
Privacy Act of 1974; System of
Records
Office of the Secretary of
Defense, DoD.
ACTION: Notice to alter a system of
records.
AGENCY:
The Office of the Secretary of
Defense proposes to alter a system of
records, DHRA 06, entitled ‘‘Defense
Sexual Assault Incident Database’’ to
centralize case-level sexual assault data
involving a member of the Armed
Forces, in a manner consistent with
statute and DoD regulations for
Unrestricted and Restricted reporting.
Records may also be used as a
management tool for statistical analysis,
tracking, reporting, evaluating program
effectiveness, conducting research, and
case and business management. Deidentified data may also be used to
respond to mandated reporting
requirements.
SUMMARY:
Instructions: All submissions received
must include the agency name and
docket number 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 https://
www.regulations.gov as they are
received without change, including any
personal identifiers or contact
information.
FOR FURTHER INFORMATION CONTACT: Ms.
Cindy Allard, Chief, OSD/JS Privacy
Office, Freedom of Information
Directorate, Washington Headquarters
Service, 1155 Defense Pentagon,
Washington, DC 20301–1155, or by
phone at (571) 372–0461.
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 the
address in FOR FURTHER INFORMATION
CONTACT or at the Defense Privacy and
Civil Liberties Division Web site at
https://dpcld.defense.gov/. The proposed
system report, as required by 5 U.S.C.
552a(r) of the Privacy Act of 1974, as
amended, was submitted on October 29,
2015, to the 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: October 30, 2015.
Aaron Siegel,
Alternate OSD Federal Register Liaison
Officer, Department of Defense.
Comments will be accepted on or
before December 4, 2015. This proposed
action will be effective the date
following the end of the comment
period unless comments are received
which result in a contrary
determination.
DHRA 06
You may submit comments,
identified by docket number and title,
by any of the following methods:
* Federal Rulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
* Mail: Department of Defense, Office
of the Deputy Chief Management
Officer, Directorate of Oversight and
Compliance, Regulatory and Audit
Matters Office, 9010 Defense Pentagon,
Washington, DC 20301–9010.
SYSTEM LOCATION:
DATES:
ADDRESSES:
PO 00000
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Fmt 4703
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SYSTEM NAME:
Defense Sexual Assault Incident
Database (July 8, 2014, 79 FR 38524).
CHANGES:
*
*
*
*
*
Delete entry and replace with
‘‘Washington Headquarters Services
(WHS), Enterprise Information
Technology Support Directorate, 1155
Defense Pentagon, Washington, DC
20301–1155.’’
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
Delete entry and replace with
‘‘Individuals who may be victims and/
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Federal Register / Vol. 80, No. 213 / Wednesday, November 4, 2015 / Notices
or alleged perpetrators in a sexual
assault involving a member of the
Armed Forces, including: Active duty
Army, Navy, Marine Corps, and Air
Force members; active duty Reserve
members and National Guard members
covered by title 10 or title 32 (hereafter
‘service members’); service members
who were victims of a sexual assault
prior to enlistment or commissioning;
military dependents age 18 and older;
DoD civilians; DoD contractors; other
Federal government employees; U.S.
civilians; and foreign military members
who may be lawfully admitted into the
U.S. or who are not covered under the
Privacy Act.’’
asabaliauskas on DSK5VPTVN1PROD with NOTICES
CATEGORIES OF RECORDS IN THE SYSTEM:
Delete entry and replace with ‘‘Victim
and alleged perpetrator information
includes: Age at the time of incident;
gender, race, ethnicity; affiliation (e.g.,
military, DoD civilian/contractor, other
government employee, U.S. civilian,
foreign national/military, unknown, and
military dependent); Service, grade/
rank, status (e.g., Active Duty, Reserve,
National Guard); and location of
assignment and incident. Additional
victim and alleged perpetrator
information, maintained in Unrestricted
Reports only, includes: full name;
identification type and number (e.g.,
DoD Identification number, Social
Security Number, passport, U.S.
Permanent Residence Card, foreign
identification); and date of birth.
Additional victim information
includes: Defense Sexual Assault
Incident Database (DSAID) control
number (i.e., system generated unique
control number; relationship to alleged
perpetrator; and any related data on
allegations of retaliation associated with
reports of sexual misconduct.
Additional victim information
maintained in Unrestricted Reports only
includes: Work or personal contact
information (e.g., phone number,
address, email address); and name of
commander.
For Restricted Reports (reports that do
not initiate investigation), no personally
identifying information for the victim
and/or alleged perpetrator is maintained
in DSAID.
Other data collected to support case
and business management includes:
Date and type of report (e.g.,
Unrestricted or Restricted); tracking
information on Sexual Assault Forensic
Examinations performed, and referrals
to appropriate resources; information on
line of duty determinations; victim
safety information; case management
meeting information; and information
on memoranda of understanding. For
Unrestricted reports, information on
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expedited transfers and civilian/military
protective orders may also be
collected.’’
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Delete entry and replace with ‘‘10
U.S.C. 136, Under Secretary of Defense
for Personnel and Readiness; 10 U.S.C.
3013, Secretary of the Army; 10 U.S.C.
5013, Secretary of the Navy; 10 U.S.C.
8013, Secretary of the Air Force; 32
U.S.C. 102, National Guard; DoD
Directive 6495.01, Sexual Assault
Prevention and Response (SAPR)
Program; DoD Instruction 6495.02,
Sexual Assault Prevention and
Response (SAPR) Program Procedures;
Army Regulation 600–20, Chapter 8,
Army Command Policy (Sexual Assault
Prevention and Response Program);
Secretary of the Navy Instruction
1752.4B, Sexual Assault Prevention and
Response; Marine Corps Order 1752.5B,
Sexual Assault Prevention and
Response (SAPR) Program; Air Force
Instruction 90–6001, Sexual Assault
Prevention and Response (SAPR)
Program; and E.O. 9397 (SSN), as
amended.’’
PURPOSE(S):
Delete entry and replace with ‘‘To
centralize case-level sexual assault data
involving a member of the Armed
Forces, in a manner consistent with
statute and DoD regulations for
Unrestricted and Restricted reporting.
Records may also be used as a
management tool for statistical analysis,
tracking, reporting, evaluating program
effectiveness, conducting research, and
case and business management. Deidentified data may also be used to
respond to mandated reporting
requirements.’’
Routine uses of records maintained in
the system, including categories of users
and the purposes of such uses:
Delete entry and replace with ‘‘In
addition to those disclosures generally
permitted under 5 U.S.C. 552a(b) of the
Privacy Act of 1974, as amended, the
records contained herein may be
disclosed outside the DoD as a routine
use pursuant to 5 U.S.C. 552a(b)(3) as
follows:
To permit the disclosure of records of
closed cases of unrestricted reports to
the Department of Veterans Affairs
(DVA) for purpose of providing medical
care to former Service members and
retirees, to determine the eligibility for
or entitlement to benefits, and to
facilitate collaborative research
activities between the DoD and DVA.
Law Enforcement Routine Use: If a
system of records maintained by a DoD
Component to carry out its functions
indicates a violation or potential
PO 00000
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68303
violation of law, whether civil, criminal,
or regulatory in nature, and whether
arising by general statute or by
regulation, rule, or order issued
pursuant thereto, the relevant records in
the system of records may be referred,
as a routine use, to the agency
concerned, whether federal, state, local,
or foreign, charged with the
responsibility of investigating or
prosecuting such violation or charged
with enforcing or implementing the
statute, rule, regulation, or order issued
pursuant thereto.
Disclosure When Requesting
Information Routine Use: A record from
a system of records maintained by a
DoD Component may be disclosed as a
routine use to a federal, state, or local
agency maintaining civil, criminal, or
other relevant enforcement information
or other pertinent information, such as
current licenses, if necessary to obtain
information relevant to a DoD
Component decision concerning the
hiring or retention of an employee, the
issuance of a security clearance, the
letting of a contract, or the issuance of
a license, grant, or other benefit.
Disclosure of Requested Information
Routine Use: A record from a system of
records maintained by a DoD
Component may be disclosed to a
federal agency, in response to its
request, in connection with the hiring or
retention of an employee, the issuance
of a security clearance, the reporting of
an investigation of an employee, the
letting of a contract, or the issuance of
a license, grant, or other benefit by the
requesting agency, to the extent that the
information is relevant and necessary to
the requesting agency’s decision on the
matter.
Congressional Inquiries Disclosure
Routine Use: Disclosure from a system
of records maintained by a DoD
Component may be made to a
congressional office from the record of
an individual in response to an inquiry
from the congressional office made at
the request of that individual.
Disclosure to the Office of Personnel
Management Routine Use:
Disclosure to the Office of Personnel
Management Routine Use: A record
from a system of records subject to the
Privacy Act and maintained by a DoD
Component may be disclosed to the
Office of Personnel Management (OPM)
concerning information on pay and
leave, benefits, retirement deduction,
and any other information necessary for
the OPM to carry out its legally
authorized government-wide personnel
management functions and studies.
Disclosure to the Department of
Justice for Litigation Routine Use: A
record from a system of records
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Federal Register / Vol. 80, No. 213 / Wednesday, November 4, 2015 / Notices
maintained by a DoD Component may
be disclosed as a routine use to any
component of the Department of Justice
for the purpose of representing the
Department of Defense, or any officer,
employee or member of the Department
in pending or potential litigation to
which the record is pertinent.
Disclosure of Information to the
National Archives and Records
Administration Routine Use: A record
from a system of records maintained by
a DoD Component may be disclosed as
a routine use to the National Archives
and Records Administration for the
purpose of records management
inspections conducted under authority
of 44 U.S.C. 2904 and 2906.
Disclosure to the Merit Systems
Protection Board Routine Use: A record
from a system of records maintained by
a DoD Component may be disclosed as
a routine use to the Merit Systems
Protection Board, including the Office of
the Special Counsel for the purpose of
litigation, including administrative
proceedings, appeals, special studies of
the civil service and other merit
systems, review of OPM or Component
rules and regulations, investigation of
alleged or possible prohibited personnel
practices; including administrative
proceedings involving any individual
subject of a DoD investigation, and such
other functions, promulgated in 5 U.S.C.
1205 and 1206, or as may be authorized
by law.
Data Breach Remediation Purposes
Routine Use: A record from a system of
records maintained by a Component
may be disclosed to appropriate
agencies, entities, and persons when (1)
The Component suspects or has
confirmed that the security or
confidentiality of the information in the
system of records has been
compromised; (2) the Component has
determined that as a result of the
suspected or confirmed compromise
there is a risk of harm to economic or
property interests, identity theft or
fraud, or harm to the security or
integrity of this system or other systems
or programs (whether maintained by the
Component or another agency or entity)
that rely upon the compromised
information; and (3) the disclosure
made to such agencies, entities, and
persons is reasonably necessary to assist
in connection with the Components
efforts to respond to the suspected or
confirmed compromise and prevent,
minimize, or remedy such harm.
The DoD Blanket Routine Uses set
forth at the beginning of the Office of
the Secretary of Defense (OSD)
compilation of systems of records
notices may apply to this system. The
complete list of DoD Blanket Routine
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17:00 Nov 03, 2015
Jkt 238001
Uses can be found Online at: https://
dpclo.defense.gov/Privacy/
SORNsIndex/
BlanketRoutineUses.aspx.’’
*
*
*
*
*
RETRIEVABILITY:
Delete entry and replace with ‘‘Victim
records are retrieved by first name, last
name, identification number and type of
identification provided, and/or Defense
Sexual Assault Incident Database
control number assigned to the incident.
Alleged perpetrator records are
retrieved by first name, last name, and/
or identification number and type of
identification provided.’’
SAFEGUARDS:
Delete entry and replace with
‘‘Records are maintained in a controlled
facility. Physical entry is restricted by
the use of guards, identification badges,
key cards, and locks. Access to case files
in the system is role-based and requires
the use of a Common Access Card (CAC)
and password. Access rights and
permission lists for Sexual Assault
Response Coordinators (SARCs) and
authorized Military Service legal
officers are granted by Military Service
Sexual Assault Prevention and
Response program managers through the
assignment of appropriate user roles.
Periodic security audits are also
conducted. Technical safeguards
include firewalls, passwords,
encryption of data, and use of a virtual
private network. Access is further
restricted to authorized users on the
Nonsecure Internet Protocol Router
Network and with a CAC. In addition,
the local drive resides behind a firewall
and the direct database cannot be
accessed from the outside.’’
*
*
*
*
*
RECORD SOURCE CATEGORIES:
Delete entry and replace with
‘‘Individuals, SARCs, Military Service
Legal Officers (i.e. attorneys provided
access to the system), Army Law
Enforcement Reporting and Tracking
System (Army), Consolidated Law
Enforcement Operations Center (Navy),
and Investigative Information
Management System (Air Force).’’
*
*
*
*
*
[FR Doc. 2015–28081 Filed 11–3–15; 8:45 am]
BILLING CODE 5001–06–P
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DEPARTMENT OF DEFENSE
Office of the Secretary
[Docket ID DoD–2015–OS–0118]
Privacy Act of 1974; System of
Records
Office of the Secretary of
Defense, DoD.
ACTION: Notice to alter a System of
Records.
AGENCY:
The Office of the Secretary of
Defense proposes to alter a system of
records, DMDC 02 DoD, entitled
‘‘Defense Enrollment Eligibility
Reporting Systems (DEERS)’’ to record
the issuance of DoD badges and
identification cards, i.e., Common
Access Cards (CAC) or beneficiary
identification cards; to authenticate and
identify DoD affiliated personnel (e.g.,
contractors); to grant physical and
logical access to DoD facilities; to
provide a database for determining
eligibility for DoD entitlements and
privileges; to detect fraud and abuse of
the benefit programs by claimants and
providers to include appropriate
collection actions arising out of any
debts incurred as a consequence of such
programs; to identify current DoD
civilian and military personnel for
purposes of detecting fraud and abuse of
benefit programs; to ensure benefit
eligibility is retained after separation
from the military; to maintain the
Servicemembers’ Group Life Insurance
(SGLI) and Family SGLI (FSGLI)
coverage elections and beneficiaries’
information; to support DoD health care
management programs, to include
research and analytical projects, through
Defense Health Agency (previously the
TRICARE Management Activity); to
support benefit administration for those
beneficiaries that have granted
permission for use of their personal
email address for notification purposes
relating to their benefits; to register
current DoD civilian and military
personnel and their authorized
dependents for purposes of obtaining
medical examination, treatment or other
benefits to which they are entitled; to
provide identification of deceased
members; to assess manpower, support
personnel and readiness functions, to
include Continuous Evaluation
programs; to perform statistical
analyses; to determine Servicemember
Civil Relief Act (SCRA) duty status as it
pertains to SCRA legislation; to
determine Military Lending Act (MLA)
eligibility as it pertains to MLA
legislation; information will be used by
agency officials and employees, or
authorized contractors, and other DoD
SUMMARY:
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]]>Agencies
[Federal Register Volume 80, Number 213 (Wednesday, November 4, 2015)]
[Notices]
[Pages 68302-68304]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-28081]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Office of the Secretary
[Docket ID: DoD-2015-OS-0120]
Privacy Act of 1974; System of Records
AGENCY: Office of the Secretary of Defense, DoD.
ACTION: Notice to alter a system of records.
-----------------------------------------------------------------------
SUMMARY: The Office of the Secretary of Defense proposes to alter a
system of records, DHRA 06, entitled ``Defense Sexual Assault Incident
Database'' to centralize case-level sexual assault data involving a
member of the Armed Forces, in a manner consistent with statute and DoD
regulations for Unrestricted and Restricted reporting.
Records may also be used as a management tool for statistical
analysis, tracking, reporting, evaluating program effectiveness,
conducting research, and case and business management. De-identified
data may also be used to respond to mandated reporting requirements.
DATES: Comments will be accepted on or before December 4, 2015. This
proposed action will be effective the date following the end of the
comment period 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 Rulemaking Portal: https://www.regulations.gov. Follow the
instructions for submitting comments.
* Mail: Department of Defense, Office of the Deputy Chief
Management Officer, Directorate of Oversight and Compliance, Regulatory
and Audit Matters Office, 9010 Defense Pentagon, Washington, DC 20301-
9010.
Instructions: All submissions received must include the agency name
and docket number 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 https://www.regulations.gov as they are received without change,
including any personal identifiers or contact information.
FOR FURTHER INFORMATION CONTACT: Ms. Cindy Allard, Chief, OSD/JS
Privacy Office, Freedom of Information Directorate, Washington
Headquarters Service, 1155 Defense Pentagon, Washington, DC 20301-1155,
or by phone at (571) 372-0461.
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 the address in FOR FURTHER INFORMATION CONTACT
or at the Defense Privacy and Civil Liberties Division Web site at
https://dpcld.defense.gov/. The proposed system report, as required by 5
U.S.C. 552a(r) of the Privacy Act of 1974, as amended, was submitted on
October 29, 2015, to the 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: October 30, 2015.
Aaron Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
DHRA 06
System name:
Defense Sexual Assault Incident Database (July 8, 2014, 79 FR
38524).
Changes:
* * * * *
System location:
Delete entry and replace with ``Washington Headquarters Services
(WHS), Enterprise Information Technology Support Directorate, 1155
Defense Pentagon, Washington, DC 20301-1155.''
Categories of individuals covered by the system:
Delete entry and replace with ``Individuals who may be victims and/
[[Page 68303]]
or alleged perpetrators in a sexual assault involving a member of the
Armed Forces, including: Active duty Army, Navy, Marine Corps, and Air
Force members; active duty Reserve members and National Guard members
covered by title 10 or title 32 (hereafter `service members'); service
members who were victims of a sexual assault prior to enlistment or
commissioning; military dependents age 18 and older; DoD civilians; DoD
contractors; other Federal government employees; U.S. civilians; and
foreign military members who may be lawfully admitted into the U.S. or
who are not covered under the Privacy Act.''
Categories of records in the system:
Delete entry and replace with ``Victim and alleged perpetrator
information includes: Age at the time of incident; gender, race,
ethnicity; affiliation (e.g., military, DoD civilian/contractor, other
government employee, U.S. civilian, foreign national/military, unknown,
and military dependent); Service, grade/rank, status (e.g., Active
Duty, Reserve, National Guard); and location of assignment and
incident. Additional victim and alleged perpetrator information,
maintained in Unrestricted Reports only, includes: full name;
identification type and number (e.g., DoD Identification number, Social
Security Number, passport, U.S. Permanent Residence Card, foreign
identification); and date of birth.
Additional victim information includes: Defense Sexual Assault
Incident Database (DSAID) control number (i.e., system generated unique
control number; relationship to alleged perpetrator; and any related
data on allegations of retaliation associated with reports of sexual
misconduct. Additional victim information maintained in Unrestricted
Reports only includes: Work or personal contact information (e.g.,
phone number, address, email address); and name of commander.
For Restricted Reports (reports that do not initiate
investigation), no personally identifying information for the victim
and/or alleged perpetrator is maintained in DSAID.
Other data collected to support case and business management
includes: Date and type of report (e.g., Unrestricted or Restricted);
tracking information on Sexual Assault Forensic Examinations performed,
and referrals to appropriate resources; information on line of duty
determinations; victim safety information; case management meeting
information; and information on memoranda of understanding. For
Unrestricted reports, information on expedited transfers and civilian/
military protective orders may also be collected.''
Authority for maintenance of the system:
Delete entry and replace with ``10 U.S.C. 136, Under Secretary of
Defense for Personnel and Readiness; 10 U.S.C. 3013, Secretary of the
Army; 10 U.S.C. 5013, Secretary of the Navy; 10 U.S.C. 8013, Secretary
of the Air Force; 32 U.S.C. 102, National Guard; DoD Directive 6495.01,
Sexual Assault Prevention and Response (SAPR) Program; DoD Instruction
6495.02, Sexual Assault Prevention and Response (SAPR) Program
Procedures; Army Regulation 600-20, Chapter 8, Army Command Policy
(Sexual Assault Prevention and Response Program); Secretary of the Navy
Instruction 1752.4B, Sexual Assault Prevention and Response; Marine
Corps Order 1752.5B, Sexual Assault Prevention and Response (SAPR)
Program; Air Force Instruction 90-6001, Sexual Assault Prevention and
Response (SAPR) Program; and E.O. 9397 (SSN), as amended.''
Purpose(s):
Delete entry and replace with ``To centralize case-level sexual
assault data involving a member of the Armed Forces, in a manner
consistent with statute and DoD regulations for Unrestricted and
Restricted reporting.
Records may also be used as a management tool for statistical
analysis, tracking, reporting, evaluating program effectiveness,
conducting research, and case and business management. De-identified
data may also be used to respond to mandated reporting requirements.''
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses:
Delete entry and replace with ``In addition to those disclosures
generally permitted under 5 U.S.C. 552a(b) of the Privacy Act of 1974,
as amended, the records contained herein may be disclosed outside the
DoD as a routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:
To permit the disclosure of records of closed cases of unrestricted
reports to the Department of Veterans Affairs (DVA) for purpose of
providing medical care to former Service members and retirees, to
determine the eligibility for or entitlement to benefits, and to
facilitate collaborative research activities between the DoD and DVA.
Law Enforcement Routine Use: If a system of records maintained by a
DoD Component to carry out its functions indicates a violation or
potential violation of law, whether civil, criminal, or regulatory in
nature, and whether arising by general statute or by regulation, rule,
or order issued pursuant thereto, the relevant records in the system of
records may be referred, as a routine use, to the agency concerned,
whether federal, state, local, or foreign, charged with the
responsibility of investigating or prosecuting such violation or
charged with enforcing or implementing the statute, rule, regulation,
or order issued pursuant thereto.
Disclosure When Requesting Information Routine Use: A record from a
system of records maintained by a DoD Component may be disclosed as a
routine use to a federal, state, or local agency maintaining civil,
criminal, or other relevant enforcement information or other pertinent
information, such as current licenses, if necessary to obtain
information relevant to a DoD Component decision concerning the hiring
or retention of an employee, the issuance of a security clearance, the
letting of a contract, or the issuance of a license, grant, or other
benefit.
Disclosure of Requested Information Routine Use: A record from a
system of records maintained by a DoD Component may be disclosed to a
federal agency, in response to its request, in connection with the
hiring or retention of an employee, the issuance of a security
clearance, the reporting of an investigation of an employee, the
letting of a contract, or the issuance of a license, grant, or other
benefit by the requesting agency, to the extent that the information is
relevant and necessary to the requesting agency's decision on the
matter.
Congressional Inquiries Disclosure Routine Use: Disclosure from a
system of records maintained by a DoD Component may be made to a
congressional office from the record of an individual in response to an
inquiry from the congressional office made at the request of that
individual.
Disclosure to the Office of Personnel Management Routine Use:
Disclosure to the Office of Personnel Management Routine Use: A
record from a system of records subject to the Privacy Act and
maintained by a DoD Component may be disclosed to the Office of
Personnel Management (OPM) concerning information on pay and leave,
benefits, retirement deduction, and any other information necessary for
the OPM to carry out its legally authorized government-wide personnel
management functions and studies.
Disclosure to the Department of Justice for Litigation Routine Use:
A record from a system of records
[[Page 68304]]
maintained by a DoD Component may be disclosed as a routine use to any
component of the Department of Justice for the purpose of representing
the Department of Defense, or any officer, employee or member of the
Department in pending or potential litigation to which the record is
pertinent.
Disclosure of Information to the National Archives and Records
Administration Routine Use: A record from a system of records
maintained by a DoD Component may be disclosed as a routine use to the
National Archives and Records Administration for the purpose of records
management inspections conducted under authority of 44 U.S.C. 2904 and
2906.
Disclosure to the Merit Systems Protection Board Routine Use: A
record from a system of records maintained by a DoD Component may be
disclosed as a routine use to the Merit Systems Protection Board,
including the Office of the Special Counsel for the purpose of
litigation, including administrative proceedings, appeals, special
studies of the civil service and other merit systems, review of OPM or
Component rules and regulations, investigation of alleged or possible
prohibited personnel practices; including administrative proceedings
involving any individual subject of a DoD investigation, and such other
functions, promulgated in 5 U.S.C. 1205 and 1206, or as may be
authorized by law.
Data Breach Remediation Purposes Routine Use: A record from a
system of records maintained by a Component may be disclosed to
appropriate agencies, entities, and persons when (1) The Component
suspects or has confirmed that the security or confidentiality of the
information in the system of records has been compromised; (2) the
Component has determined that as a result of the suspected or confirmed
compromise there is a risk of harm to economic or property interests,
identity theft or fraud, or harm to the security or integrity of this
system or other systems or programs (whether maintained by the
Component or another agency or entity) that rely upon the compromised
information; and (3) the disclosure made to such agencies, entities,
and persons is reasonably necessary to assist in connection with the
Components efforts to respond to the suspected or confirmed compromise
and prevent, minimize, or remedy such harm.
The DoD Blanket Routine Uses set forth at the beginning of the
Office of the Secretary of Defense (OSD) compilation of systems of
records notices may apply to this system. The complete list of DoD
Blanket Routine Uses can be found Online at: https://dpclo.defense.gov/
Privacy/SORNsIndex/BlanketRoutineUses.aspx.''
* * * * *
Retrievability:
Delete entry and replace with ``Victim records are retrieved by
first name, last name, identification number and type of identification
provided, and/or Defense Sexual Assault Incident Database control
number assigned to the incident.
Alleged perpetrator records are retrieved by first name, last name,
and/or identification number and type of identification provided.''
Safeguards:
Delete entry and replace with ``Records are maintained in a
controlled facility. Physical entry is restricted by the use of guards,
identification badges, key cards, and locks. Access to case files in
the system is role-based and requires the use of a Common Access Card
(CAC) and password. Access rights and permission lists for Sexual
Assault Response Coordinators (SARCs) and authorized Military Service
legal officers are granted by Military Service Sexual Assault
Prevention and Response program managers through the assignment of
appropriate user roles. Periodic security audits are also conducted.
Technical safeguards include firewalls, passwords, encryption of data,
and use of a virtual private network. Access is further restricted to
authorized users on the Nonsecure Internet Protocol Router Network and
with a CAC. In addition, the local drive resides behind a firewall and
the direct database cannot be accessed from the outside.''
* * * * *
Record source categories:
Delete entry and replace with ``Individuals, SARCs, Military
Service Legal Officers (i.e. attorneys provided access to the system),
Army Law Enforcement Reporting and Tracking System (Army), Consolidated
Law Enforcement Operations Center (Navy), and Investigative Information
Management System (Air Force).''
* * * * *
[FR Doc. 2015-28081 Filed 11-3-15; 8:45 am]
BILLING CODE 5001-06-P
