Privacy Act of 1974; System of Records, 104112-104115 [2024-29917]

Agencies

• DEPARTMENT OF DEFENSE
• Office of the Secretary

[Federal Register Volume 89, Number 245 (Friday, December 20, 2024)]
[Notices]
[Pages 104112-104115]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-29917]


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DEPARTMENT OF DEFENSE

Office of the Secretary

[Docket ID: DoD-2024-OS-0138]


Privacy Act of 1974; System of Records

AGENCY: Office of the Secretary of Defense, Department of Defense 
(DoD).

ACTION: Notice of a modified system of records.

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SUMMARY: In accordance with the Privacy Act of 1974, the Office of the 
Secretary of Defense is modifying and reissuing a current system of 
records titled, ``Defense Sexual Assault Incident Database,'' DHRA 06. 
This system of records was originally established 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; and to facilitate reports to Congress on claims 
of retaliation in connection with an Unrestricted Report of sexual 
assault made by or against a member of the Armed Forces. Additional 
laws and policy changes require DSAID to include information on the 
claims of retaliation connected with Unrestricted Reports of sexual 
assault made by or against a member of the Armed Forces and 
Unrestricted Reports of adult sexual assault cases under the Family 
Advocacy Program (FAP). This system of records notice (SORN) is being 
updated to comply with the National Defense Authorization Act (NDAA), 
provide the ability to collect sexual assault cases for the U.S. Space 
Force (USSF), and improve prevention. This SORN is also being updated 
to add three standard DoD routine uses (routine uses B, I, and J), and 
various other sections within the SORN to improve clarity or update 
information that has changed. Additionally, the DoD is issuing a Notice 
of Proposed Rulemaking, which proposes to exempt this system of records 
from certain provisions of the Privacy Act, elsewhere in today's issue 
of the Federal Register.

DATES: This system of records is effective upon publication; however, 
comments on the Routine Uses will be accepted on or before January 21, 
2025. The Routine Uses are effective at the close of the comment 
period.

ADDRESSES: You may submit comments, identified by docket number and 
title, by either of the following methods:
    * Federal Rulemaking Portal: https://www.regulations.gov. Follow 
the instructions for submitting comments.
    * Mail: Department of Defense, Office of the Assistant to the 
Secretary of Defense for Privacy, Civil Liberties, and Transparency, 
Regulatory Directorate, 4800 Mark Center Drive, Attn: Mailbox #24, 
Suite 05F16, Alexandria, VA 22350-1700.
    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: Samuel M. Peterson, DHRA Component 
Privacy Officer, 400 Gigling Rd., Rm. DODC-MB 7028, Seaside, CA 93955, 
[email protected] or 831-220-7330.

SUPPLEMENTARY INFORMATION:

I. Background

    The Defense Sexual Assault Incident Database (DSAID) system of 
records is used to collect and maintain information regarding sexual 
assaults, and any associated retaliation allegations, involving a 
member of the Armed Forces. Section 563 of the Duncan Hunter NDAA for 
Fiscal Year (FY) 2009 (Pub. L. 110-417) requires the DSAID for the 
purpose of collecting and maintaining information regarding sexual 
assaults involving a member of the Armed Forces. Additional laws and 
policy changes require DSAID to include information on the claims of 
retaliation connected with Unrestricted Reports of sexual assault made 
by or against a member of the Armed Forces and Unrestricted Reports of 
adult sexual assault cases under the FAP. As mandated, this Department-
wide database includes sexual assault-related data about the victim, 
the (alleged) offender, and the outcome of any investigation and legal 
proceedings connected with the assault, or associated retaliation 
allegation. This SORN is being updated to comply with section 538 of 
the FY18 NDAA (Pub. L. 115-191) and provide the ability to collect 
sexual assault cases for the USSF. This SORN is also being updated to 
add three additional standard DoD routine uses, and various other 
sections of the SORN.
    Subject to public comment, the Office of the Secretary of Defense 
proposes to update this system of records to add DoD standard routine 
uses B, I, and J. Modifications are also being made to the following 
sections of the SORN: (1) to the System Location to add information 
about cloud storage; (2) to the Authority for Maintenance of the System 
section to add additional authorities; (3) to the Purpose of the System 
section to expand on the uses of the information; (4) to the Categories 
of Records in the System section to clarify the different record types; 
(5) to the Record Source Categories to add additional source 
information; (6) to the Policies and Practices for Storage of Records 
to update the records storage medium in which the records are 
maintained; (7) to the Policies and Practices for Retrieval of Records 
to expand on how records are retrieved; (8) to the Administrative, 
Technical, and Physical Safeguards to update the individual safeguards 
protecting the personal information; and (9) to the Record Access and 
Notification Procedures sections to reflect the need for individuals to 
identify the appropriate DoD office or component to which their request 
should be directed.
    DoD SORNs have been published in the Federal Register and are 
available from the address in FOR FURTHER INFORMATION CONTACT or at the 
Privacy and Civil Liberties Directorate website at https://dpcld.defense.gov.

[[Page 104113]]

II. Privacy Act

    Under the Privacy Act, a ``system of records'' is a group of 
records under the control of an agency from which information is 
retrieved by the name of an individual or by some identifying number, 
symbol, or another identifier assigned to the individual. In the 
Privacy Act, an individual is defined as a U.S. citizen or lawful 
permanent resident.
    In accordance with 5 U.S.C. 552a(r) and Office of Management and 
Budget (OMB) Circular No. A-108, the Office of the Assistant to the 
Secretary of Defense for Privacy, Civil Liberties, and Transparency has 
provided a report of this system of records to the OMB and to Congress.

    Dated: December 12, 2024.
Aaron T. Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.

SYSTEM NAME AND NUMBER:
    Defense Sexual Assault Incident Database (DSAID), DHRA 06.

SECURITY CLASSIFICATION:
    Unclassified.

SYSTEM LOCATION:
    Washington Headquarters Services (WHS), 1155 Defense Pentagon, 
Washington, DC 20301-1155. Information may also be stored within a 
government-certified cloud, implemented, and overseen by the 
Department's Chief Information Officer (CIO), 6000 Defense Pentagon, 
Washington, DC 20301-6000.

SYSTEM MANAGER(S):
    Defense Sexual Assault Incident Database Program Manager, 4800 Mark 
Center Drive, Alexandria, VA 22350-8000, telephone: (571) 372-2657, 
email: [email protected].

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    10 U.S.C. 136, Under Secretary of Defense for Personnel and 
Readiness; 10 U.S.C. 932, Art. 132 Retaliation; 10 U.S.C. 7013, 
Secretary of the Army; 10 U.S.C. 8013, Secretary of the Navy; 10 U.S.C. 
9013, Secretary of the Air Force; 10 U.S.C. 9081, United States Space 
Force; 32 U.S.C. 102, National Guard; section 543 of Public Law 113-
291; DoD Instruction (DoDI) 5505.18, ``Investigation of Adult Sexual 
Assault in the Department of Defense''; DoDI 6495.02 volume 1 ``Sexual 
Assault Prevention and Response: Program Procedures; DoD Directive 
6495.01, SAPR Program; DoDI 6495.02, SAPR Program Procedures; 32 CFR 
part 103, SAPR Program, Army Regulation 600-20, chapter 8, Army Command 
Policy (Sexual Assault Prevention and Response Program); OPNAV 
Instruction 1752.1C, SAPR Program; Marine Corps Order 1752.5BC, SAPR 
Program; Air Force Instruction 90-6001, SAPR Program; and E.O. 9397 
(SSN), as amended.

PURPOSE(S) OF THE SYSTEM:
    A. 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.
    B. To facilitate reports to Congress on claims of retaliation in 
connection with an Unrestricted Report of sexual assault made by or 
against a member of the Armed Forces.
    C. To facilitate Unrestricted Reports to Congress on the adult 
sexual assault cases reported by the Family Advocacy Program (FAP).
    D. To facilitate use of the ``Catch a Serial Offender'' (CATCH) 
program in accordance with section 543 of Public Law 113-291, DoDI 
5505.18, ``Investigation of Adult Sexual Assault in the Department of 
Defense'', and DoDI 6495.02 volume 1 ``Sexual Assault Prevention and 
Response: Program Procedures.''
    E. To facilitate the documentation of disclosures of sexual assault 
and retaliation by covered individuals and questions by interested 
parties.
    F. To facilitate capturing disclosures of and questions regarding 
sexual assault and retaliation resulting in SAPR-Related Inquiries.
    G. To ensure appropriate monthly and quarterly case management and 
high-risk response team coordination and collaboration to support 
victim care and case management to include the disclosure of 
information for the purpose of improving the systemic processes and 
procedures provided to Service members, and the disclosure of sensitive 
information for the purpose of providing mental and medical care to 
Service members during a period of crisis, and/or addressing a high-
risk situation, related to an unrestricted report of sexual assault and 
any associated retaliation reporting.
    H. To maintain Victim Reporting Preference Statements, DoD Sexual 
Assault Forensic Examinations (SAFEs), Retaliation Reporting 
Statements, requests for the return of a victim's personal property in 
restricted reports collected during a SAFE, and CATCH Program 
Explanation and Notification Information for Sexual Assault Victims to 
ensure compliance with federal records retention requirements, and 
allow victims and reporters access to these forms for potential use in 
Department of Veterans Affairs (DVA) benefits applications.
    I. Records may also be used as a management tool for statistical 
analysis, tracking, reporting, evaluating program effectiveness, 
conducting research and surveys, and case and business management. De-
identified data may also be used to respond to mandated reporting 
requirements.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    A. Victims and/or alleged perpetrators in a sexual assault 
involving a member of the Armed Forces, including: Active duty Army, 
Navy, Marine Corps, Air Force, and Space Force members; active duty 
Reserve members and National Guard members covered by title 10 or title 
32; service members who were victims of a sexual assault prior to 
enlistment or commissioning; military dependents age 18 and older; DoD 
civilian employees; 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.
    B. Sexual assault victims, family members, bystanders, witnesses, 
first responders, or other parties (e.g., co-workers and friends) who 
report (hereafter ``retaliation reporters''), and/or are the alleged 
perpetrators of (hereafter ``alleged retaliators'') retaliation related 
to reports of sexual assault involving a member of the Armed Forces, 
including: Active duty Army, Navy, Marine Corps, Air Force and Space 
Force members; active duty Reserve members and National Guard members 
covered by title 10 or title 32 (hereafter ``service members''); DoD 
civilian employees; and other Federal Government employees.

CATEGORIES OF RECORDS IN THE SYSTEM:
    A. Personal Information such as: Name, DoD ID number, Social 
Security Number (SSN), and other identification type and number (e.g., 
passport; U.S. Permanent Residence Card, foreign identification, DSAID 
control number (i.e., system generated unique control number); date of 
birth, place of birth, citizenship/immigration status, race/ethnicity, 
duty status, service, grade/rank, status, occupation, and affiliation 
(e.g., military, DoD civilian/contractor, other government employee, 
and military dependent).
    B. Victim and alleged perpetrator information may also include: Age 
at the time of incident, location of incident, and relationship to 
alleged perpetrator, as applicable. Additional victim information 
maintained in

[[Page 104114]]

Unrestricted Reports only includes work or personal contact information 
(e.g., phone number, address, email address) and name of commander.
    C. Restricted Reports (reports that do not initiate investigation) 
may contain personally identifiable information from the Victim 
Reporting Preference Statement or other sources for the victim and/or 
alleged perpetrator; no information on reports of retaliation is 
maintained.
    D. Other sexual assault data collected to support case and business 
management includes: Date and type of report (e.g., Unrestricted or 
Restricted); tracking information on forensic examination performed, 
and referrals to appropriate resources, information online of duty 
determinations, victim safety assessment information, case management 
meeting information (Monthly and Quarterly meetings), High-Risk 
Response Team Meetings, and information on memoranda of understanding. 
For Unrestricted Reports, information on expedited transfers and 
civilian/military protective orders may also be collected.
    E. Retaliation reporter and alleged retaliator information may also 
include: retaliation control number (i.e., system generated unique 
control number). Other retaliation data collected to support case and 
business management include: DSAID control number, tracking information 
on actions taken to support reporter of retaliation, nature and 
findings of the retaliation investigation, relationship between alleged 
retaliator and retaliation reporter, relationship between alleged 
retaliator and alleged perpetrator of sexual assault, and phone number.
    F. Records maintained for the DSAID File Locker include: Victim 
Reporting Preference Statement, SAFE reports, year and month of report, 
Sexual Assault Response Coordinator's (SARC's) assigned location, 
installation name, DSAID control number, and/or SARC affiliation may be 
maintained as metadata.

RECORD SOURCE CATEGORIES:
    Records and information stored in this system of records are 
obtained from: 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), Investigative Information Management System 
(Air Force), and Office of Special Investigations (OSI) Records, 
Investigations & Operations Network (Air Force).

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND PURPOSES OF SUCH USES:
    In addition to those disclosures generally permitted under 5 U.S.C. 
552a(b) of the Privacy Act of 1974, as amended, all or a portion of the 
records or information contained herein may specifically be disclosed 
outside the DoD pursuant to 5 U.S.C. 552a(b)(3) and the routine uses 
listed below. (Due to the legal and policy limitations on dissemination 
of information in restricted reports, not all of the below routine uses 
may be available for each record or item of information maintained in 
this system.)
    A. To contractors, grantees, experts, consultants, students, and 
others performing or working on a contract, service, grant, cooperative 
agreement, or other assignment for the Federal Government when 
necessary to accomplish an agency function related to this system of 
records. Individuals provided information under this routine use are 
subject to the same Privacy Act requirements and limitations on 
disclosure that apply to DoD officers and employees.
    B. To the appropriate Federal, State, local, territorial, Tribal, 
foreign, or international law enforcement authority or other 
appropriate entity where a record, either alone or in conjunction with 
other information, indicates a violation or potential violation of law, 
whether criminal, civil, or regulatory in nature.
    C. To any component of the Department of Justice for the purpose of 
representing the DoD, or its components, officers, employees, or 
members in pending or potential litigation to which the record is 
pertinent.
    D. In an appropriate proceeding before a court, grand jury, or 
administrative or adjudicative body or official, when the DoD or other 
Agency representing the DoD determines that the records are relevant 
and necessary to the proceeding; or in an appropriate proceeding before 
an administrative or adjudicative body when the adjudicator determines 
the records to be relevant to the proceeding.
    E. To the National Archives and Records Administration for the 
purpose of records management inspections conducted under the authority 
of 44 U.S.C. 2904 and 2906.
    F. To a Member of Congress or staff acting upon the Member's behalf 
when the Member or staff requests the information on behalf of, and at 
the request of, the individual who is the subject of the record.
    G. To appropriate agencies, entities, and persons when (1) the DoD 
suspects or confirms a breach of the system of records; (2) the DoD 
determines as a result of the suspected or confirmed breach there is a 
risk of harm to individuals, the DoD (including its information 
systems, programs, and operations), the Federal Government, or national 
security; and (3) the disclosure made to such agencies, entities, and 
persons is reasonably necessary to assist in connection with the DoD's 
efforts to respond to the suspected or confirmed breach or to prevent, 
minimize, or remedy such harm.
    H. To another Federal agency or Federal entity, when the DoD 
determines that information from this system of records is reasonably 
necessary to assist the recipient agency or entity in (1) responding to 
a suspected or confirmed breach or (2) preventing, minimizing, or 
remedying the risk of harm to individuals, the recipient agency or 
entity (including its information systems, programs, and operations), 
the Federal Government, or national security, resulting from a 
suspected or confirmed breach.
    I. To another Federal, State, or local agency for the purpose of 
comparing to the agency's system of records or to non-Federal records, 
in coordination with an Office of Inspector General in conducting an 
audit, investigation, inspection, evaluation, or some other review as 
authorized by the Inspector General Act of 1987, as amended.
    J. To such recipients and under such circumstances and procedures 
as are mandated by Federal statute or treaty.
    K. To permit the disclosure of records of closed cases of 
Unrestricted Reports to the Department of Veterans Affairs (DVA) for 
the purpose of providing mental health and 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.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    Records may be stored electronically or on paper in secure 
facilities in a locked drawer behind a locked door. The records may be 
stored on magnetic disc, tape, or digital media; in agency-owned cloud 
environments; or in vendor Cloud Service Offerings certified under the 
Federal Risk and Authorization Management Program (FedRAMP).

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    Records may be retrieved by:

[[Page 104115]]

    A. For Unrestricted Reports: Victim and retaliation reporter 
records are retrieved by first name, last name, identification number 
and type of identification provided, DSAID control number, and/or 
retaliation control number assigned to the incident. Alleged 
perpetrator or retaliator records are retrieved by first name, last 
name, and/or identification number and type of identification provided.
    B. For Restricted Reports: Victim Preference Reporting Statements 
and SAFE Reports are retrieved by year of report, SARC's assigned 
location, DSAID Control Number, and/or SARC affiliation, as well as 
victim answers to the encryption key questions.
    C. For individuals inquiring into the availability of information 
on sexual assault and retaliation reporting processes and resources 
under the SAPR program: CATCH Program Explanation and Notification 
Information for Sexual Assault Victims are retrieved by DSAID Control 
Number as well as victim answers to the encryption key.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    Temporary. Cutoff cases at the end of the fiscal year and destroy 
50 years thereafter.

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    Access rights and permission lists for SARCs are granted by 
Military Service Sexual Assault Prevention and Response program 
managers through the assignment of appropriate user roles. Access 
rights and permission lists for authorized military Service Legal 
Officer and SAPR Program Managers are granted by the DSAID Program 
Manager through the assignment of appropriate user roles. The DoD 
safeguards records in this system of records according to applicable 
rules, policies, and procedures, including all applicable DoD automated 
systems security and access policies. DoD policies require the use of 
controls to minimize the risk of compromise of personally identifiable 
information (PII) in paper and electronic form and to enforce access by 
those with a need to know and with appropriate clearances. 
Additionally, the DoD established security audit and accountability 
policies and procedures that support the safeguarding of PII and 
detection of potential PII incidents. The DoD routinely employs 
safeguards such as the following to information systems and paper 
recordkeeping systems: Multifactor log-in authentication including 
Common Access Card (CAC) authentication and password; physical token as 
required; physical and technological access controls governing access 
to data; network encryption to protect data transmitted over the 
network; disk encryption securing disks storing data; key management 
services to safeguard encryption keys; masking of sensitive data as 
practicable; mandatory information assurance and privacy training for 
individuals who will have access; identification, marking, and 
safeguarding of PII; physical access safeguards including multifactor 
identification physical access controls, detection and electronic alert 
systems for access to servers and other network infrastructure; and 
electronic intrusion detection systems in DoD facilities.

RECORD ACCESS PROCEDURES:
    Individuals seeking access to their records should follow the 
procedures in 32 CFR part 310. Individuals should address written 
inquiries to the following, as appropriate:
    A. The Department of the Army, Sexual Harassment/Assault Response 
and Prevention (SHARP), 2530 Crystal Drive, 6th Floor, Arlington, VA 
22202-3938.
    B. Headquarters Marine Corps Sexual Assault Prevention and 
Response, ATTN: SAPR Program Manager, 3280 Russell Road, Quantico, VA 
22134.
    C. The Department of the Navy, ATTN: SAPR Program Manager, RM 
4R140-006, 701 S Courthouse Road, Arlington, VA 22204.
    D. Headquarters United States Air Force/A1Z, Integrated Resilience. 
ATTN: Sexual Assault Prevention and Response Program Manager, 1040 Air 
Force Pentagon, 5E960, Washington, DC 20330-1040.
    E. The National Guard Bureau, SAPR Office, ATTN: SAPR Program 
Manager, 111 South George Mason Drive, AH2, Arlington, VA 22204-1373.
    F. The United States Space Force, ATTN: SAPR Program Manager, 150 
Vandenberg St., Suite 3324, Peterson AFB, CO 80914.
    Signed, written requests should contain the name and number of this 
system of records notice along with name, current address, email 
address of the individual, identification number and type of 
identification, and indicate whether the individual is a victim, 
retaliation reporter, alleged perpetrator or alleged retaliator. In 
addition, the requester must provide either a notarized statement or an 
unsworn declaration made in accordance with 28 U.S.C. 1746, in the 
appropriate format:
    If executed outside the United States: ``I declare (or certify, 
verify, or state) under penalty of perjury under the laws of the United 
States of America that the foregoing is true and correct. Executed on 
(date). (Signature).''
    If executed within the United States, its territories, possessions, 
or commonwealths: ``I declare (or certify, verify, or state) under 
penalty of perjury that the foregoing is true and correct. Executed on 
(date). (Signature)''.

CONTESTING RECORD PROCEDURES:
    The DoD rules for accessing records, contesting contents, and 
appealing initial agency determinations are contained in 32 CFR part 
310; or may be obtained from the system manager.

NOTIFICATION PROCEDURES:
    Individuals seeking to determine whether information about 
themselves is contained in this system of records should follow the 
instructions for Record Access Procedures above.

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    The DoD has exempted records maintained in this system from 5 
U.S.C. 552a(c)(3), (d)(1), (2), (3) and (4); (e)(1), (4)(G), (H), and 
(I); and (f) of the Privacy Act, pursuant to 5 U.S.C. 552a(k)(2), as 
applicable. In addition, when exempt records received from other 
systems of records become part of this system, the DoD also claims the 
same exemptions for those records that are claimed for the prior 
system(s) of records from which they were a part and claims any 
additional exemptions set forth here. An exemption rule for this system 
has been promulgated in accordance with the requirements of 5 U.S.C. 
553(b)(1), (2), and (3), and (c), and published in 32 CFR part 310.

HISTORY:
    October 9, 2019, 84 FR 54127; November 04, 2015, 80 FR 68302.

[FR Doc. 2024-29917 Filed 12-19-24; 8:45 a.m.]
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