80_FR_68515 80 FR 68302 - Privacy Act of 1974; System of Records

80 FR 68302 - Privacy Act of 1974; System of Records

DEPARTMENT OF DEFENSE
Office of the Secretary

Federal Register Volume 80, Issue 213 (November 4, 2015)

Page Range68302-68304
FR Document2015-28081

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.

Federal Register, Volume 80 Issue 213 (Wednesday, November 4, 2015)
[Federal Register Volume 80, Number 213 (Wednesday, November 4, 2015)]
[Notices]
[Pages 68302-68304]
From the Federal Register Online  [www.thefederalregister.org]
[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: http://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 http://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 
http://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: http://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



                                                    68302                    Federal Register / Vol. 80, No. 213 / Wednesday, November 4, 2015 / Notices

                                                    Pharmacy Program; OMB Control                           difference between the FCP and direct                   Instructions: All submissions received
                                                    Number 0720–0032.                                       commercial contract sales prices                      must include the agency name and
                                                       Needs and Uses: The Department of                    specifically attributable to the reported             docket number for this Federal Register
                                                    Defense (DoD) is extending the                          TRICARE paid pharmaceuticals                          document. The general policy for
                                                    information collection requirements                     determined for each applicable NDC                    comments and other submissions from
                                                    under current OMB Control Number                        listing, per Refund Procedures outlined               members of the public is to make these
                                                    0720–0032. Specifically, under the                      in CFR 199.21. The DoD will use the                   submissions available for public
                                                    collection of information,                              reporting and audit capabilities of the               viewing on the Internet at http://
                                                    pharmaceutical manufacturers will base                  PDTS to validate refunds owed to the                  www.regulations.gov as they are
                                                    refund calculation reporting                            Government.                                           received without change, including any
                                                    requirements on the difference between                                                                        personal identifiers or contact
                                                                                                              Dated: October 30, 2015.
                                                    the average non-Federal price of the                                                                          information.
                                                                                                            Aaron Siegel,
                                                    drug sold by the pharmaceutical
                                                                                                            Alternate OSD Federal Register, Liaison               FOR FURTHER INFORMATION CONTACT: Ms.
                                                    manufacturer to wholesalers, as
                                                                                                            Officer, Department of Defense.                       Cindy Allard, Chief, OSD/JS Privacy
                                                    represented by the most recent annual
                                                                                                            [FR Doc. 2015–28072 Filed 11–3–15; 8:45 am]           Office, Freedom of Information
                                                    non-Federal average manufacturing
                                                                                                                                                                  Directorate, Washington Headquarters
                                                    prices (non-FAMP) (reported to the                      BILLING CODE 5001–06–P
                                                                                                                                                                  Service, 1155 Defense Pentagon,
                                                    Department of Veterans Affairs (VA))
                                                                                                                                                                  Washington, DC 20301–1155, or by
                                                    and the corresponding Federal Ceiling
                                                                                                            DEPARTMENT OF DEFENSE                                 phone at (571) 372–0461.
                                                    Price (FCP) or, in the discretion of the
                                                    pharmaceutical manufacturer, the                                                                              SUPPLEMENTARY INFORMATION: The Office
                                                                                                            Office of the Secretary                               of the Secretary of Defense notices for
                                                    difference between the FCP and direct
                                                    commercial contract sales prices                                                                              systems of records subject to the Privacy
                                                                                                            [Docket ID: DoD–2015–OS–0120]
                                                    specifically attributable to the reported                                                                     Act of 1974 (5 U.S.C. 552a), as amended,
                                                    TRICARE paid pharmaceuticals                            Privacy Act of 1974; System of                        have been published in the Federal
                                                    determined for each applicable National                 Records                                               Register and are available from the
                                                    Drug Code (NDC) listing, per Refund                                                                           address in FOR FURTHER INFORMATION
                                                    Procedures outlined in CFR 199.21. DoD                  AGENCY:  Office of the Secretary of                   CONTACT or at the Defense Privacy and
                                                    will use the reporting and audit                        Defense, DoD.                                         Civil Liberties Division Web site at
                                                    capabilities of the Pharmacy Data                       ACTION: Notice to alter a system of                   http://dpcld.defense.gov/. The proposed
                                                    Transaction Service (PDTS) to validate                  records.                                              system report, as required by 5 U.S.C.
                                                    refunds owed to the Government. In                                                                            552a(r) of the Privacy Act of 1974, as
                                                    Fiscal Year (FY) 15, the government                     SUMMARY:   The Office of the Secretary of             amended, was submitted on October 29,
                                                    received approximately $1.1 billion                     Defense proposes to alter a system of                 2015, to the House Committee on
                                                    from pharmaceutical manufacturers as a                  records, DHRA 06, entitled ‘‘Defense                  Oversight and Government Reform, the
                                                    result of this program/refund                           Sexual Assault Incident Database’’ to                 Senate Committee on Governmental
                                                    calculation reporting requirements.                     centralize case-level sexual assault data             Affairs, and the Office of Management
                                                       Affected Public: Business or other for               involving a member of the Armed                       and Budget (OMB) pursuant to
                                                    profit; Not-for-profit institutions                     Forces, in a manner consistent with                   paragraph 4c of Appendix I to OMB
                                                       Annual Burden Hours: 9,600.                          statute and DoD regulations for                       Circular No. A–130, ‘‘Federal Agency
                                                       Number of Respondents: 300.                          Unrestricted and Restricted reporting.                Responsibilities for Maintaining
                                                       Responses per Respondent: 4.                            Records may also be used as a                      Records About Individuals,’’ dated
                                                       Annual Responses: 1200.                              management tool for statistical analysis,             February 8, 1996 (February 20, 1996, 61
                                                       Average Burden per Response: 8                       tracking, reporting, evaluating program               FR 6427).
                                                    hours.                                                  effectiveness, conducting research, and                 Dated: October 30, 2015.
                                                       Frequency: Quarterly.                                case and business management. De-
                                                       10 United States Code (U.S.C.)                                                                             Aaron Siegel,
                                                                                                            identified data may also be used to
                                                    1074g(f) makes drugs provided to                                                                              Alternate OSD Federal Register Liaison
                                                                                                            respond to mandated reporting
                                                    eligible covered beneficiaries through                                                                        Officer, Department of Defense.
                                                                                                            requirements.
                                                    the TRICARE Retail Pharmacy Program                                                                           DHRA 06
                                                    subject to the pricing standards of the                 DATES: Comments will be accepted on or
                                                    Veterans Health Care Act. Under the                     before December 4, 2015. This proposed                SYSTEM NAME:
                                                    authority of 10 U.S.C. 1074g(h), 32 Code                action will be effective the date                       Defense Sexual Assault Incident
                                                    of Federal Regulation (CFR) 199.21(q)(3)                following the end of the comment                      Database (July 8, 2014, 79 FR 38524).
                                                    requires information collection to                      period unless comments are received
                                                                                                            which result in a contrary                            CHANGES:
                                                    implement 10 U.S.C. 1074g(f). The DoD
                                                    is extending the information collection                 determination.                                        *        *       *    *   *
                                                    control number 0720–0032. Specifically,                 ADDRESSES:   You may submit comments,                 SYSTEM LOCATION:
                                                    under the collection of information,                    identified by docket number and title,                  Delete entry and replace with
                                                    pharmaceutical manufacturers will base                  by any of the following methods:                      ‘‘Washington Headquarters Services
                                                    refund calculation reporting                              * Federal Rulemaking Portal: http://
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                                                                                                                                  (WHS), Enterprise Information
                                                    requirements on the difference between                  www.regulations.gov. Follow the                       Technology Support Directorate, 1155
                                                    the average non-Federal price of the                    instructions for submitting comments.                 Defense Pentagon, Washington, DC
                                                    drug sold by the pharmaceutical                           * Mail: Department of Defense, Office               20301–1155.’’
                                                    manufacturer to wholesalers, as                         of the Deputy Chief Management
                                                    represented by the most recent annual                   Officer, Directorate of Oversight and                 CATEGORIES OF INDIVIDUALS COVERED BY THE
                                                    non-FAMP (reported to the VA) and the                   Compliance, Regulatory and Audit                      SYSTEM:
                                                    corresponding FCP or, in the discretion                 Matters Office, 9010 Defense Pentagon,                   Delete entry and replace with
                                                    of the pharmaceutical manufacturer, the                 Washington, DC 20301–9010.                            ‘‘Individuals who may be victims and/


                                               VerDate Sep<11>2014   17:00 Nov 03, 2015   Jkt 238001   PO 00000   Frm 00011   Fmt 4703   Sfmt 4703   E:\FR\FM\04NON1.SGM       04NON1


                                                                             Federal Register / Vol. 80, No. 213 / Wednesday, November 4, 2015 / Notices                                            68303

                                                    or alleged perpetrators in a sexual                     expedited transfers and civilian/military             violation of law, whether civil, criminal,
                                                    assault involving a member of the                       protective orders may also be                         or regulatory in nature, and whether
                                                    Armed Forces, including: Active duty                    collected.’’                                          arising by general statute or by
                                                    Army, Navy, Marine Corps, and Air                                                                             regulation, rule, or order issued
                                                                                                            AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
                                                    Force members; active duty Reserve                                                                            pursuant thereto, the relevant records in
                                                    members and National Guard members                        Delete entry and replace with ‘‘10                  the system of records may be referred,
                                                    covered by title 10 or title 32 (hereafter              U.S.C. 136, Under Secretary of Defense                as a routine use, to the agency
                                                    ‘service members’); service members                     for Personnel and Readiness; 10 U.S.C.                concerned, whether federal, state, local,
                                                    who were victims of a sexual assault                    3013, Secretary of the Army; 10 U.S.C.                or foreign, charged with the
                                                    prior to enlistment or commissioning;                   5013, Secretary of the Navy; 10 U.S.C.                responsibility of investigating or
                                                    military dependents age 18 and older;                   8013, Secretary of the Air Force; 32                  prosecuting such violation or charged
                                                    DoD civilians; DoD contractors; other                   U.S.C. 102, National Guard; DoD                       with enforcing or implementing the
                                                    Federal government employees; U.S.                      Directive 6495.01, Sexual Assault                     statute, rule, regulation, or order issued
                                                    civilians; and foreign military members                 Prevention and Response (SAPR)                        pursuant thereto.
                                                    who may be lawfully admitted into the                   Program; DoD Instruction 6495.02,                        Disclosure When Requesting
                                                    U.S. or who are not covered under the                   Sexual Assault Prevention and                         Information Routine Use: A record from
                                                    Privacy Act.’’                                          Response (SAPR) Program Procedures;                   a system of records maintained by a
                                                                                                            Army Regulation 600–20, Chapter 8,                    DoD Component may be disclosed as a
                                                    CATEGORIES OF RECORDS IN THE SYSTEM:
                                                                                                            Army Command Policy (Sexual Assault                   routine use to a federal, state, or local
                                                       Delete entry and replace with ‘‘Victim               Prevention and Response Program);                     agency maintaining civil, criminal, or
                                                    and alleged perpetrator information                     Secretary of the Navy Instruction                     other relevant enforcement information
                                                    includes: Age at the time of incident;                  1752.4B, Sexual Assault Prevention and                or other pertinent information, such as
                                                    gender, race, ethnicity; affiliation (e.g.,             Response; Marine Corps Order 1752.5B,                 current licenses, if necessary to obtain
                                                    military, DoD civilian/contractor, other                Sexual Assault Prevention and                         information relevant to a DoD
                                                    government employee, U.S. civilian,                     Response (SAPR) Program; Air Force                    Component decision concerning the
                                                    foreign national/military, unknown, and                 Instruction 90–6001, Sexual Assault                   hiring or retention of an employee, the
                                                    military dependent); Service, grade/                    Prevention and Response (SAPR)                        issuance of a security clearance, the
                                                    rank, status (e.g., Active Duty, Reserve,               Program; and E.O. 9397 (SSN), as                      letting of a contract, or the issuance of
                                                    National Guard); and location of                        amended.’’                                            a license, grant, or other benefit.
                                                    assignment and incident. Additional                                                                              Disclosure of Requested Information
                                                    victim and alleged perpetrator                          PURPOSE(S):                                           Routine Use: A record from a system of
                                                    information, maintained in Unrestricted                    Delete entry and replace with ‘‘To                 records maintained by a DoD
                                                    Reports only, includes: full name;                      centralize case-level sexual assault data             Component may be disclosed to a
                                                    identification type and number (e.g.,                   involving a member of the Armed                       federal agency, in response to its
                                                    DoD Identification number, Social                       Forces, in a manner consistent with                   request, in connection with the hiring or
                                                    Security Number, passport, U.S.                         statute and DoD regulations for                       retention of an employee, the issuance
                                                    Permanent Residence Card, foreign                       Unrestricted and Restricted reporting.                of a security clearance, the reporting of
                                                    identification); and date of birth.                        Records may also be used as a                      an investigation of an employee, the
                                                       Additional victim information                        management tool for statistical analysis,             letting of a contract, or the issuance of
                                                    includes: Defense Sexual Assault                        tracking, reporting, evaluating program               a license, grant, or other benefit by the
                                                    Incident Database (DSAID) control                       effectiveness, conducting research, and               requesting agency, to the extent that the
                                                    number (i.e., system generated unique                   case and business management. De-                     information is relevant and necessary to
                                                    control number; relationship to alleged                 identified data may also be used to                   the requesting agency’s decision on the
                                                    perpetrator; and any related data on                    respond to mandated reporting                         matter.
                                                    allegations of retaliation associated with              requirements.’’                                          Congressional Inquiries Disclosure
                                                    reports of sexual misconduct.                              Routine uses of records maintained in              Routine Use: Disclosure from a system
                                                    Additional victim information                           the system, including categories of users             of records maintained by a DoD
                                                    maintained in Unrestricted Reports only                 and the purposes of such uses:                        Component may be made to a
                                                    includes: Work or personal contact                         Delete entry and replace with ‘‘In                 congressional office from the record of
                                                    information (e.g., phone number,                        addition to those disclosures generally               an individual in response to an inquiry
                                                    address, email address); and name of                    permitted under 5 U.S.C. 552a(b) of the               from the congressional office made at
                                                    commander.                                              Privacy Act of 1974, as amended, the                  the request of that individual.
                                                       For Restricted Reports (reports that do              records contained herein may be                          Disclosure to the Office of Personnel
                                                    not initiate investigation), no personally              disclosed outside the DoD as a routine                Management Routine Use:
                                                    identifying information for the victim                  use pursuant to 5 U.S.C. 552a(b)(3) as                   Disclosure to the Office of Personnel
                                                    and/or alleged perpetrator is maintained                follows:                                              Management Routine Use: A record
                                                    in DSAID.                                                  To permit the disclosure of records of             from a system of records subject to the
                                                       Other data collected to support case                 closed cases of unrestricted reports to               Privacy Act and maintained by a DoD
                                                    and business management includes:                       the Department of Veterans Affairs                    Component may be disclosed to the
                                                    Date and type of report (e.g.,                          (DVA) for purpose of providing medical                Office of Personnel Management (OPM)
                                                    Unrestricted or Restricted); tracking                   care to former Service members and                    concerning information on pay and
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                    information on Sexual Assault Forensic                  retirees, to determine the eligibility for            leave, benefits, retirement deduction,
                                                    Examinations performed, and referrals                   or entitlement to benefits, and to                    and any other information necessary for
                                                    to appropriate resources; information on                facilitate collaborative research                     the OPM to carry out its legally
                                                    line of duty determinations; victim                     activities between the DoD and DVA.                   authorized government-wide personnel
                                                    safety information; case management                        Law Enforcement Routine Use: If a                  management functions and studies.
                                                    meeting information; and information                    system of records maintained by a DoD                    Disclosure to the Department of
                                                    on memoranda of understanding. For                      Component to carry out its functions                  Justice for Litigation Routine Use: A
                                                    Unrestricted reports, information on                    indicates a violation or potential                    record from a system of records


                                               VerDate Sep<11>2014   17:00 Nov 03, 2015   Jkt 238001   PO 00000   Frm 00012   Fmt 4703   Sfmt 4703   E:\FR\FM\04NON1.SGM   04NON1


                                                    68304                    Federal Register / Vol. 80, No. 213 / Wednesday, November 4, 2015 / Notices

                                                    maintained by a DoD Component may                       Uses can be found Online at: http://                  DEPARTMENT OF DEFENSE
                                                    be disclosed as a routine use to any                    dpclo.defense.gov/Privacy/
                                                    component of the Department of Justice                  SORNsIndex/                                           Office of the Secretary
                                                    for the purpose of representing the                     BlanketRoutineUses.aspx.’’                            [Docket ID DoD–2015–OS–0118]
                                                    Department of Defense, or any officer,                  *    *    *     *    *
                                                    employee or member of the Department                                                                          Privacy Act of 1974; System of
                                                    in pending or potential litigation to                   RETRIEVABILITY:                                       Records
                                                    which the record is pertinent.
                                                       Disclosure of Information to the                       Delete entry and replace with ‘‘Victim              AGENCY:  Office of the Secretary of
                                                    National Archives and Records                           records are retrieved by first name, last             Defense, DoD.
                                                    Administration Routine Use: A record                    name, identification number and type of               ACTION: Notice to alter a System of
                                                    from a system of records maintained by                  identification provided, and/or Defense               Records.
                                                    a DoD Component may be disclosed as                     Sexual Assault Incident Database                      SUMMARY:    The Office of the Secretary of
                                                    a routine use to the National Archives                  control number assigned to the incident.              Defense proposes to alter a system of
                                                    and Records Administration for the
                                                                                                              Alleged perpetrator records are                     records, DMDC 02 DoD, entitled
                                                    purpose of records management
                                                                                                            retrieved by first name, last name, and/              ‘‘Defense Enrollment Eligibility
                                                    inspections conducted under authority
                                                                                                            or identification number and type of                  Reporting Systems (DEERS)’’ to record
                                                    of 44 U.S.C. 2904 and 2906.
                                                       Disclosure to the Merit Systems                      identification provided.’’                            the issuance of DoD badges and
                                                    Protection Board Routine Use: A record                                                                        identification cards, i.e., Common
                                                    from a system of records maintained by                  SAFEGUARDS:                                           Access Cards (CAC) or beneficiary
                                                    a DoD Component may be disclosed as                                                                           identification cards; to authenticate and
                                                                                                               Delete entry and replace with                      identify DoD affiliated personnel (e.g.,
                                                    a routine use to the Merit Systems                      ‘‘Records are maintained in a controlled
                                                    Protection Board, including the Office of                                                                     contractors); to grant physical and
                                                                                                            facility. Physical entry is restricted by             logical access to DoD facilities; to
                                                    the Special Counsel for the purpose of                  the use of guards, identification badges,
                                                    litigation, including administrative                                                                          provide a database for determining
                                                                                                            key cards, and locks. Access to case files            eligibility for DoD entitlements and
                                                    proceedings, appeals, special studies of
                                                                                                            in the system is role-based and requires              privileges; to detect fraud and abuse of
                                                    the civil service and other merit
                                                    systems, review of OPM or Component                     the use of a Common Access Card (CAC)                 the benefit programs by claimants and
                                                    rules and regulations, investigation of                 and password. Access rights and                       providers to include appropriate
                                                    alleged or possible prohibited personnel                permission lists for Sexual Assault                   collection actions arising out of any
                                                    practices; including administrative                     Response Coordinators (SARCs) and                     debts incurred as a consequence of such
                                                    proceedings involving any individual                    authorized Military Service legal                     programs; to identify current DoD
                                                    subject of a DoD investigation, and such                officers are granted by Military Service              civilian and military personnel for
                                                    other functions, promulgated in 5 U.S.C.                Sexual Assault Prevention and                         purposes of detecting fraud and abuse of
                                                    1205 and 1206, or as may be authorized                  Response program managers through the                 benefit programs; to ensure benefit
                                                    by law.                                                 assignment of appropriate user roles.                 eligibility is retained after separation
                                                       Data Breach Remediation Purposes                     Periodic security audits are also                     from the military; to maintain the
                                                    Routine Use: A record from a system of                  conducted. Technical safeguards                       Servicemembers’ Group Life Insurance
                                                    records maintained by a Component                       include firewalls, passwords,                         (SGLI) and Family SGLI (FSGLI)
                                                    may be disclosed to appropriate                         encryption of data, and use of a virtual              coverage elections and beneficiaries’
                                                    agencies, entities, and persons when (1)                                                                      information; to support DoD health care
                                                                                                            private network. Access is further
                                                    The Component suspects or has                                                                                 management programs, to include
                                                                                                            restricted to authorized users on the
                                                    confirmed that the security or                                                                                research and analytical projects, through
                                                                                                            Nonsecure Internet Protocol Router                    Defense Health Agency (previously the
                                                    confidentiality of the information in the
                                                                                                            Network and with a CAC. In addition,                  TRICARE Management Activity); to
                                                    system of records has been
                                                                                                            the local drive resides behind a firewall             support benefit administration for those
                                                    compromised; (2) the Component has
                                                    determined that as a result of the                      and the direct database cannot be                     beneficiaries that have granted
                                                    suspected or confirmed compromise                       accessed from the outside.’’                          permission for use of their personal
                                                    there is a risk of harm to economic or                  *      *    *     *     *                             email address for notification purposes
                                                    property interests, identity theft or                                                                         relating to their benefits; to register
                                                    fraud, or harm to the security or                       RECORD SOURCE CATEGORIES:                             current DoD civilian and military
                                                    integrity of this system or other systems                  Delete entry and replace with                      personnel and their authorized
                                                    or programs (whether maintained by the                                                                        dependents for purposes of obtaining
                                                                                                            ‘‘Individuals, SARCs, Military Service
                                                    Component or another agency or entity)                                                                        medical examination, treatment or other
                                                                                                            Legal Officers (i.e. attorneys provided
                                                    that rely upon the compromised                                                                                benefits to which they are entitled; to
                                                                                                            access to the system), Army Law                       provide identification of deceased
                                                    information; and (3) the disclosure
                                                                                                            Enforcement Reporting and Tracking                    members; to assess manpower, support
                                                    made to such agencies, entities, and
                                                    persons is reasonably necessary to assist               System (Army), Consolidated Law                       personnel and readiness functions, to
                                                    in connection with the Components                       Enforcement Operations Center (Navy),                 include Continuous Evaluation
                                                    efforts to respond to the suspected or                  and Investigative Information                         programs; to perform statistical
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                    confirmed compromise and prevent,                       Management System (Air Force).’’                      analyses; to determine Servicemember
                                                    minimize, or remedy such harm.                          *     *     *     *      *                            Civil Relief Act (SCRA) duty status as it
                                                       The DoD Blanket Routine Uses set                     [FR Doc. 2015–28081 Filed 11–3–15; 8:45 am]           pertains to SCRA legislation; to
                                                    forth at the beginning of the Office of                 BILLING CODE 5001–06–P                                determine Military Lending Act (MLA)
                                                    the Secretary of Defense (OSD)                                                                                eligibility as it pertains to MLA
                                                    compilation of systems of records                                                                             legislation; information will be used by
                                                    notices may apply to this system. The                                                                         agency officials and employees, or
                                                    complete list of DoD Blanket Routine                                                                          authorized contractors, and other DoD


                                               VerDate Sep<11>2014   17:00 Nov 03, 2015   Jkt 238001   PO 00000   Frm 00013   Fmt 4703   Sfmt 4703   E:\FR\FM\04NON1.SGM   04NON1



Document Created: 2018-03-01 11:27:18
Document Modified: 2018-03-01 11:27:18
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice to alter a system of records.
DatesComments 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.
ContactMs. 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.
FR Citation80 FR 68302 

2024 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR