83 FR 51675 - Privacy Act of 1974; System of Records

DEPARTMENT OF DEFENSE
Office of the Secretary

Federal Register Volume 83, Issue 198 (October 12, 2018)

The Office of the Secretary of Defense proposes to add a system of records titled, ``DoD Sexual Assault Prevention and Response Office Victim Assistance Data Systems, DHRA 18 DoD.'' This system is used to track victim-related inquiries received by the Sexual Assault Prevention and Response Office (SAPRO) via email, SAPRO.mil, the DoD Safe Helpline, phone, or mail. Once received, inquiries are referred to the appropriate agency point of contact and/or to the DoD Office of the Inspector General for any complaints concerning the Military Criminal Investigative Organization to address the matter(s) raised and appropriately facilitate a resolution. In addition, the system will track and facilitate unrestricted and anonymous notifications of sexual abuse and harassment in Military Correctional Facilities, in accordance with the Prison Rape Elimination Act (PREA).

[Federal Register Volume 83, Number 198 (Friday, October 12, 2018)]
[Notices]
[Pages 51675-51677]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-22230]


-----------------------------------------------------------------------

DEPARTMENT OF DEFENSE

Office of the Secretary

[Docket ID DOD-2018-OS-0073]


Privacy Act of 1974; System of Records

AGENCY: Defense Human Resources Activity, DoD.

ACTION: Notice of a new system of records.

-----------------------------------------------------------------------

SUMMARY: The Office of the Secretary of Defense proposes to add a 
system of records titled, ``DoD Sexual Assault Prevention and Response 
Office Victim Assistance Data Systems, DHRA 18 DoD.'' This system is 
used to track victim-related inquiries received by the Sexual Assault 
Prevention and Response Office (SAPRO) via email, SAPRO.mil, the DoD 
Safe Helpline, phone, or mail. Once received, inquiries are referred to 
the appropriate agency point of contact and/or to the DoD Office of the 
Inspector General for any complaints concerning the Military Criminal 
Investigative Organization to address the matter(s) raised and 
appropriately facilitate a resolution. In addition, the system will 
track and facilitate unrestricted and anonymous notifications of sexual 
abuse and harassment in Military Correctional Facilities, in accordance 
with the Prison Rape Elimination Act (PREA).

DATES: Comments will be accepted on or before November 13, 2018. 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 Chief Management 
Officer, Directorate of Oversight and Compliance, 4800 Mark Center 
Drive, Mailbox #24, Suite 08D09, 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 http://www.regulations.gov as they are received without change, 
including any personal identifiers or contact information.

FOR FURTHER INFORMATION CONTACT: Mrs. Luz D. Ortiz, Chief, Records, 
Privacy and Declassification Division (RPDD), 1155 Defense Pentagon, 
Washington, DC 20311-1155, or by phone at (571) 372-0478.

SUPPLEMENTARY INFORMATION: The Sexual Assault Prevention and Response 
Office (SAPRO) is responsible for oversight of the Department's sexual 
assault policy per DoD Directive 6495.01, ``Sexual Assault Prevention 
and Response (SAPR) Program,'' and helps ensure compliance with 28 CFR 
115, Prison Rape Elimination Act National Standards. The SAPRO works 
hand-in-hand with the Military Services and the civilian community to 
develop, educate, and implement innovative sexual assault prevention 
and response programs to provide additional information to DoD 
personnel to increase awareness and promote reporting of sexual 
assaults. The DoD SAPRO Victim Assistance Data Systems provides the 
SAPRO with the necessary means to process and track victim-related 
inquires and PREA notifications received by the SAPRO.
    The Office of the Secretary of Defense notices for systems of 
records subject to the Privacy Act of 1974, 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, Civil 
Liberties, and Transparency Division website at http://dpcld.defense.gov/privacy.
    The proposed systems reports, as required by of the Privacy Act, as 
amended, were submitted on August 21, 2018, to the House Committee on 
Oversight and Government Reform, the Senate Committee on Homeland 
Security and Governmental Affairs, and the Office of Management and 
Budget

[[Page 51676]]

(OMB) pursuant to Section 6 to OMB Circular No. A-108, ``Federal Agency 
Responsibilities for Review, Reporting, and Publication under the 
Privacy Act,'' revised December 23, 2016 (December 23, 2016, 81 FR 
94424).

    Dated: October 9, 2018.
Aaron T. Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
SYSTEM NAME AND NUMBER
    DoD Sexual Assault Prevention and Response Office Victim Assistance 
Data Systems, DHRA 18 DoD.

SECURITY CLASSIFICATION:
    Unclassified.

SYSTEM LOCATION:
    DoD Sexual Assault Prevention and Response Office (SAPRO), 4800 
Mark Center Drive, Alexandria, VA 22350-1500. Amazon Web Services 
(AWS), 12900 Worldgate Drive, Suite 800, Herndon, VA 20170-6040.

SYSTEM MANAGER(S):
    Senior Victim Assistance Advisor, DoD SAPRO, 4800 Mark Center 
Drive, Alexandria, VA 22350-1500; 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; 28 CFR 115, Prison Rape Elimination Act National Standards; 
DoD Directive 6495.01, Sexual Assault Prevention and Response (SAPR) 
Program; DoD Instruction 6495.02, Sexual Assault Prevention and 
Response (SAPR) Program Procedures.

PURPOSE(S) OF THE SYSTEM:
    To track victim-related inquiries and follow-up support service 
requests by the SAPRO via email, SAPR.mil, the DoD Safe Helpline (SHL), 
phone, or mail; to respond to requests for SHL marketing and 
promotional materials; to allow individuals to provide feedback on the 
services of a sexual assault response coordinator (SARC), victim 
advocate, or other military staff or employee on their installation/
base; to maintain a searchable referrals database that houses contact 
information for SARCs, medical, legal, chaplain, military police 
resources, and civilian sexual assault service providers; to provide 
user access to the Safe Helpline Report Database; to track and 
facilitate unrestricted and anonymous notifications of sexual abuse and 
harassment in Military Correctional Facilities, in accordance with the 
Prison Rape Elimination Act (PREA).

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Individuals who request materials or provide feedback on military 
sexual assault services; SARCs, medical, legal, chaplain, military 
police, and civilian sexual assault responders; Reportable database 
users; and individuals who contact the DoD SHL or SAPRO for assistance, 
follow-up support services, or who provide information about sexual 
abuse and harassment occurring at Military Correctional Facilities 
under the Prison Rape Elimination Act.

CATEGORIES OF RECORDS IN THE SYSTEM:
    For inquiries, feedback, or support requests the following 
information may be collected: Requestor/inquirer's full name or 
pseudonym, personal/work telephone number and email address, home 
address, user type/position (e.g. victim/survivor, family friend, 
Service member, military spouse, DoD civilian employee, etc.), Service 
affiliation, rank, base/installation, state, and age; how the inquiry 
was received (written, email, telephone), type of inquiry (e.g., Army, 
Navy, Air Force, legal, command, law enforcement, inspector general, 
medical, DoD Safe Helpline, report of sexual assault, training, etc.), 
and category of inquiry (e.g., general complaint, criticism of SAPR 
Personnel or program, general information request, raising a policy 
issue, report of misconduct, request for Service referral, report of 
retaliation, praise of SAPR personnel or program); victim's name, 
Service affiliation, status/position, installation, and inquiry number; 
installation where the interaction took place, date of incident, the 
name and/or office and title of the military personnel about which the 
feedback is being submitted, year assault was reported, if command and/
or a Military Criminal Investigation Office was involved, and case 
synopsis; documents that inquirer submits to SAPRO; permission for 
SAPRO to follow up on the inquiry; agency to which the inquiry was 
referred, agency action officer name, documents sent to or received 
from relevant agency in support of the inquiry, suspense date, and case 
synopsis sent to the agency; dates that final status was sent to 
requester and date the inquiry was closed; comments and dates tracking 
communication between SAPRO, agencies, and inquirer.
    PREA notifications may include: Type of notification (e.g., 
anonymous report via SAPRO, Unrestricted report via SARC, Unrestricted 
report via SAPRO, etc.); date and time of notification; location and 
date/time of the incident; victim's full name (for unrestricted 
reports); caller's full name (for unrestricted reports); caller's 
contact information (as applicable); caller's relationship to the 
victim (self or third party); permission from inmate for SAPRO to 
forward the notification for investigation; SARC location and phone 
number (unrestricted reports only) and details provided by the caller 
about the nature of the incident (not including PII for all anonymous 
reports).
    When requesting materials about the Program, the following 
information may be collected: First and last name, shipping address, 
personal or work email, installation/base, rank (if applicable), 
status/position (e.g., Sexual Assault Response Coordinator (SARC), 
victim advocate, third party organization, etc.), affiliation (e.g., 
Service, family member, veteran, etc.), and an open comment field for 
questions and suggestions.
    For the DoD and civilian responders the following information may 
be collected: Name and work-related contact information (installation/
base, address, email, phone number).

RECORD SOURCE CATEGORIES:
    The individual.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSES OF SUCH USES:
    In addition to those disclosures generally permitted under 5 U.S.C. 
552a(b) of the Privacy Act of 1974, as amended, the records contained 
herein may specifically be disclosed outside the DoD as a routine use 
pursuant to 5 U.S.C. 552a(b)(3) as follows:
    a. To the Department of Veterans Affairs to facilitate the 
resolution of questions regarding benefits and care in support of a 
diagnosis with the Veterans Health Affairs related to Military Sexual 
Trauma and with the Veterans Benefits Affairs in obtaining benefits.
    b. 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.
    c. 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.
    d. To any component of the Department of Justice for the purpose of 
representing the DoD, or its components, officers, employees, or

[[Page 51677]]

members in pending or potential litigation to which the record is 
pertinent.
    e. 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.
    f. 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.
    g. 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.
    h. To appropriate agencies, entities, and persons when (1) the DoD 
suspects or has confirmed there was a breach of the system of records; 
(2) the DoD determined 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.
    i. 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.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    System records are stored on electronic storage media.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    Name; date of inquiry; and/or Military Correctional Facility, as 
appropriate.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    Victim Related-Inquiry Tracking Files (DD Form 2985 and 2985-1): 
Records are destroyed 25 years after the end of the calendar year in 
which the case was resolved.
    DD Form 2985-2, Materials Request: Records are destroyed three (3) 
months after the end of the fiscal year in which the request for 
material was completed or cancelled.
    Responder Database: Obsolete and revised are destroyed one (1) year 
after the end of the fiscal year.
    Reportal Administrative Database: After three (3) continuous years 
of inactivity, records are closed at the end of that fiscal year; and 
destroyed after an additional 25 years.
    Follow-up Support System: Records are destroyed 25 years after the 
end of the fiscal year of the close-out of the communication.

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    Victim-related inquiry records are maintained in a controlled 
facility employing physical safeguards including the use of combination 
locks and identification badges. Access to electronic data files in the 
system is role-based, restricted to personnel with a need to know, and 
requires a Common Access Card (CAC) and password. Electronic data is 
also protected via encryption. The database cannot be accessed from the 
outside as it does not reside on a server and all records are 
accessible only to authorized persons with a need to know who are 
properly screened, cleared and trained.
    SHL servers are maintained within the Amazon Web Services (AWS) 
GovCloud network infrastructure. The protections on the network include 
firewalls, passwords, and web-common security architecture. AWS 
restricts physical access to the data centers where the SHL servers 
reside. Physical access logs are reviewed and analyzed on a daily basis 
by AWS personnel. All PII is stored in a password-protected environment 
with internal access only. All individuals with access to the data 
undergo a background investigation and sign a nondisclosure agreement.

RECORD ACCESS PROCEDURES:
    Individuals seeking access to records about themselves contained in 
this system should address written inquiries to the Office of the 
Secretary of Defense/Joint Staff, Freedom of Information Act Requester 
Service Center, 1155 Defense Pentagon, Washington, DC 20301-1155. 
Signed, written requests should contain the name of the individual, the 
name and number of this system of records notice, date of incident and/
or Military Correctional Facility, if applicable.
    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 following 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 OSD rules for accessing records, for contesting contents and 
appealing initial agency determinations are published in OSD 
Administrative Instruction 81; 32 CFR part 311; or may be obtained from 
the system manager.

NOTIFICATION PROCEDURES:
    Individuals seeking to determine whether information about 
themselves is contained in this system of records should address 
written inquiries to Senior Victim Assistance Advisor, DoD SAPRO, 
Victim Assistance, 4800 Mark Center Drive, Alexandria, VA 22350-1500.
    Signed, written requests should contain the name of the requester, 
the name of the original inquirer, the name of the victim, date of 
incident and/or Military Correctional Facility, if applicable.
    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 following 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).''

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    None.

HISTORY:
    N/A.

[FR Doc. 2018-22230 Filed 10-11-18; 8:45 am]
 BILLING CODE 5001-06-P