[Federal Register Volume 75, Number 52 (Thursday, March 18, 2010)]
[Notices]
[Pages 13099-13103]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-5961]
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DEPARTMENT OF DEFENSE
Department of the Army
[Docket ID: USA-2010-0001]
Privacy Act of 1974; System of Records
AGENCY: Department of the Army, DoD.
ACTION: Notice to alter a system of records.
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SUMMARY: Department of the Army is proposing to alter a system of
records notices in its existing inventory of record systems subject to
the Privacy Act of 1974, (5 U.S.C. 552a), as amended.
DATES: This proposed action will be effective without further notice on
April 19, 2010 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: Federal Docket Management System Office, 1160 Defense
Pentagon, Washington, DC 20301-1160.
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: Mr. Leroy Jones at (703) 428-6185.
SUPPLEMENTARY INFORMATION: Department of the Army 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: Department of the Army, Privacy Office, U.S. Army Records
Management and Declassification Agency, 7701 Telegraph Road, Casey
Building, Suite 144, Alexandria, VA 22325-3905.
The proposed system report, as required by 5 U.S.C. 552a(r) of the
Privacy Act of 1974, as amended, was submitted on March 4, 2010, to the
House Committee on Government Reform, the Senate Committee on Homeland
Security and 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,'' (February 20, 1996; 61 FR 6427).
Dated: March 15, 2010.
Mitchell S. Bryman,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
A0600-20 DCS, G-1
SYSTEM NAME:
Sexual Assault Data Management System (SADMS) (January 8, 2007; 72
FR 742).
CHANGES:
SYSTEM NAME:
Delete entry and replace with ``Sexual Assault (SADMS) and Sexual
Harassment (SHARP) Program Records.''
* * * * *
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Delete entry and replace with ``Any uniformed member of the Army,
DoD Civilian and/or DoD Contractor personnel accompanying our armed
forces as integral parts of a unified mission who has been identified
as the victim of a sexual assault.
Any person who has been identified as the victim of a sexual
assault allegedly committed by a uniformed member of the Army, a DoD
Civilian or DoD Contractor accompanying our armed forces as integral
parts of a unified mission.
Any person who has been titled, by a law enforcement agency, as the
perpetrator of an alleged sexual assault against a uniformed member of
the Army, a DoD Civilian or DoD Contractor accompanying our armed
forces as integral parts of a unified mission.
Any uniformed member of the Army, DoD Civilian and/or DoD
Contractor accompanying our armed forces as integral parts of a unified
mission, contractor, or civilian employee who has been Titled, by a Law
Enforcement Agency as the perpetrator of an alleged sexual assault.
Any victim or offender identified in a report of sexual assault
investigated by the Criminal Investigation Command (CID).
Any uniformed member of the Army, DoD Civilian and/or DoD
Contractor personnel accompanying our armed forces as integral parts of
a unified mission who has reported a military sexual harassment
complaint. Any person who has been identified as the subject in a
military sexual harassment allegation by a uniformed member of the
Army, a DoD Civilian or DoD Contractor accompanying our armed forces as
integral parts of a unified mission.''
CATEGORIES OF RECORDS IN THE SYSTEM:
Delete entry and replace with ``Name; Social Security Number (SSN);
date of
[[Page 13100]]
birth; rank or status; demographic information; investigation related
information relating to a sexual assault or sexual harassment incident;
initial and final treatment dates and aggregate count of intermediate
medical treatment contacts with the victim (only for those victims who
are uniformed members of the Army and elect unrestricted reporting);
information from records/reports relating to victim support extended by
installation and/or unit advocates; and actions taken by commanders
against offenders. Where a sexual assault victim elects confidential or
``restricted'' sexual assault reporting pursuant to the DoD
confidentiality policy that went into effect June 14, 2005, victim
personal identifying information will not be maintained within the
systems, and by default, there will be no investigative or legal
disposition of alleged offender information maintained within the
system.''
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Delete entry and replace with ``Pub. L. 108-375, Section 577; 10
U.S.C. 3013, Secretary of the Army; DoD Directive 1030.1, Victim and
Witness Assistance; AR 27-10 Military Justice; DoD Directive 6495.01,
Sexual Assault Prevention and Response (SAPR) Program; AR 40-66 Medical
Record Administration and Health Care Documentation; AR 195-2 Criminal
Investigation Activities; AR 600-20, Army Command Policy; AR 608-18,
Family Advocacy Program DoD Instruction 6495.02, Sexual Assault
Prevention and Response Program Procedures; and E.O. 9397 (SSN), as
amended.''
PURPOSE(S):
Delete entry and replace with ``To provide a web-based case
reporting tool for the submission of relevant data to the Sexual
Assault Data Management System (SADMS) and a centralized repository of
relevant data regarding the entire lifecycle of sexual assault cases,
involving victims and/or alleged offenders who are members of the Army
(either the victim and/or alleged offender(s) must be a uniformed
member of the Army and/or DoD Civilians and/or DoD Contractor personnel
and either the victim and/or alleged offender(s) must serve or
accompany our armed forces as integral parts of the unified mission).
To enhance compilation and accuracy of statistical data and management
reports to enable Sexual Harassment/Assault Response and Prevention
Program (SHARP) leaders to assess the effectiveness of both response
and prevention and make fact-based changes to policy and procedures on
the strength of this analysis. The system also stores training
documentation for all personnel whose duties pertain to sexual assault
and sexual harassment reporting and documentation.''
* * * * *
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,
these records may be disclosed outside the DoD as a routine use
pursuant to 5 U.S.C. 552a(b)(3) as follows:
The DoD ``Blanket Routine Uses'' set forth at the beginning of the
Office of the Secretary of Defense compilation of systems of records
notices also apply to this system.
Note: This system of records contains individually identifiable
health information. The DoD Health Information Privacy Regulation
(DoD 6025.18-R) issued pursuant to the Health Insurance Portability
and Accountability Act of 1996, applies to most such health
information. DoD 6025.18-R may place additional procedural
requirements on the uses and disclosures of such information beyond
those found in the Privacy Act of 1974 or mentioned in this system
of records notice.''
* * * * *
SAFEGUARDS:
Delete entry and replace with ``All records are maintained in areas
accessible only to authorized personnel who have an official need-to-
know in the performance of their assigned duties. Automated records are
further protected by assignment of user identification and password to
protect the system from unauthorized access. User identification and
passwords are validated through a Public Key Infrastructure (PKI) and
utilize a Common Access Card (CAC). The system employs a Secure Socket
Layer (SSL) certificate and 128 bit encryption to provide further
protection from unauthorized access to personal data. During non-duty
hours, physical security will be provided by the military police
Pentagon Force Protection Agency Police, or contract guard patrols to
ensure protection against unauthorized access.''
RETENTION AND DISPOSAL:
Delete entry and replace with ``Sexual Assault Data Management
System (SADMS) Master File:
Disposition: Keep in current file area until no longer needed for
conducting business, then retire to Records Holding Area/Army
Electronic Archives (RHA/AEA). The RHA/AEA will destroy the record when
the record is 60 years old. Unrestricted reports will be maintained for
40 years, unless there is no authoritative source data other than the
data provided by advocacy (Sexual Assault Response Coordinator/Victim
Advocate). Sexual Harassment/Assault Response and Prevention (SHARP)
program Standard Reports:
Disposition: Keep in current file area until the data has been
archived, then until no longer needed for conducting business, and then
retire to Records Holding Area/Army Electronic Archives (RHA/AEA). The
RHA/AEA will destroy the record in 5 years.
SEXUAL HARASSMENT RECORDS:
Disposition pending until the National Archives and Records
Administration has approved retention and disposition of these records,
treat as permanent.''
SYSTEM MANAGER(S) AND ADDRESS:
Delete entry and replace with ``Chief, Human Relations Policy
Directorate, Deputy Chief of Staff, Army G-1, ATTN: DAPE-HR, 300 Army
Pentagon, Washington, DC 20310-0300.''
NOTIFICATION PROCEDURE:
Delete entry and replace with ``Individuals seeking to determine
whether information about themselves is contained in these systems
should address written inquiries to Deputy Chief of Staff, Army G-1,
ATTN: DAPE-HR, 300 Army Pentagon, Washington, DC 20310-0300.
For verification purposes, individual should provide their full
name, Social Security Number (SSN), current address and telephone
number and other personal identifying data that would assist in
locating the records.
In addition, the requester must provide 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)''.''
RECORDS ACCESS PROCEDURE:
Delete entry and replace with ``Individuals seeking access to
[[Page 13101]]
information about themselves contained in this system should address
written inquiries to the Deputy Chief of Staff, Army G-1, ATTN: DAPE-
HR-HF, 300 Army Pentagon, Washington, DC 20310-0300.
For verification purposes, individual should provide their full
name, Social Security Number (SSN), current address and telephone
number and other personal identifying data that would assist in
locating the records.
In addition, the requester must provide 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)''.''
* * * * *
RECORD SOURCE CATEGORIES:
Delete entry and replace with ``Army Criminal Investigation
Intelligence System (ACI2); Central Operations Police Suite (COPS);
Sexual Assault Response Program Tracking Application (SARPTA); Sexual
Harassment/Assault Response and Prevention (SHARP); Army Court Martial
Information System (ACMIS); Defense Eligibility and Enrollment
Reporting System (DEERS); Defense Manpower Data Center (DMDC); Total
Army Personnel Data Base (TAPDB); Defense Integrated Military Human
Resources System (DIMHRS); Army Human Resources Data Repository; Army
Civilian Personnel Records System (ACPERS); Defense Civilian Personnel
Data System (DCPDS); Contractor Verification System (CVS); Synchronized
Personnel Operational Tracker (SPOT); Civilian Tracking System
(CIVTRACKS); Deployed Theater Accountability System (DTAS) (unclass
only); Interim Reporting Solution workbook; Department of Justice
(DOJ); the Army Force Management Support Web-based Army Authorization
Document System (FMSWeb, previously WebTAADS); and the Equal
Opportunity Reporting System (EORS). HQDA, G-1, SHARP Program Office
will coordinate the extent and scope of official Army systems data that
will be incorporated into the Sexual Harassment/Assault Response and
Prevention program.''
EXEMPTIONS CLAIMED FOR THE SYSTEM:
Delete entry and replace with ``This system of records is a
compilation of information from other Department of Defense/Army
systems of records. To the extent that copies of exempt records from
those other systems of records are entered into this system of records,
the Army G-1 hereby claims the same exemptions for the records from
those other systems that are entered into this system, as claimed for
the original primary system of which they are a part.
An exemption rule for this system has been promulgated in
accordance with requirements of 5 U.S.C. 553(b)(1), (2), and (3), (c)
and (e) and published in 32 CFR part 505. For additional information
contact the system manager.''
* * * * *
A0600-20 DCS, G-1
SYSTEM NAME:
Sexual Assault (SADMS) and Sexual Harassment (SHARP) Program
Records.
SYSTEM LOCATION:
Headquarters, Department of the Army, Staff and field operating
agencies, major commands, installations and activities. Official
mailing addresses are published as an appendix to the Army's
compilation of systems of records notices.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Any uniformed member of the Army, DoD Civilian and/or DoD
Contractor personnel accompanying our armed forces as integral parts of
a unified mission who has been identified as the victim of a sexual
assault.
Any person who has been identified as the victim of a sexual
assault allegedly committed by a uniformed member of the Army, a DoD
Civilian or DoD Contractor accompanying our armed forces as integral
parts of a unified mission.
Any person who has been titled, by a law enforcement agency, as the
perpetrator of an alleged sexual assault against a uniformed member of
the Army, a DoD Civilian or DoD Contractor accompanying our armed
forces as integral parts of a unified mission.
Any uniformed member of the Army, DoD Civilian and/or DoD
Contractor accompanying our armed forces as integral parts of a unified
mission, contractor, or civilian employee who has been Titled, by a Law
Enforcement Agency as the perpetrator of an alleged sexual assault.
Any victim or offender identified in a report of sexual assault
investigated by the Criminal Investigation Command (CID).
Any uniformed member of the Army, DoD Civilian and/or DoD
Contractor personnel accompanying our armed forces as integral parts of
a unified mission who has reported a military sexual harassment
complaint. Any person who has been identified as the subject in a
military sexual harassment allegation by a uniformed member of the
Army, a DoD Civilian or DoD Contractor accompanying our armed forces as
integral parts of a unified mission.
CATEGORIES OF RECORDS IN THE SYSTEM:
Name; Social Security Number (SSN); date of birth; rank or status;
demographic information; investigation information relating to a sexual
assault or sexual harassment incident; initial and final treatment
dates and aggregate count of intermediate medical treatment contacts
with the victim (only for those victims who are uniformed members of
the Army and elect unrestricted reporting); information from records/
reports relating to victim support extended by installation and/or unit
advocates; and actions taken by commanders against offenders. Note:
Where a sexual assault victim elects confidential or ``restricted''
sexual assault reporting pursuant to the DoD confidentiality policy
that went into effect June 14, 2005, victim personal identifying
information will not be maintained within the systems, and by default,
there will be no investigative or legal disposition of alleged offender
information maintained within the system.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
10 U.S.C. 3013, Secretary of the Army; Public Law 108-375, Section
577; DoD Directive 1030.1, Victim and Witness Assistance; AR 27-10
Military Justice; DoD Directive 6495.01, Sexual Assault Prevention and
Response (SAPR) Program; AR 40-66 Medical Record Administration and
Health Care Documentation; AR 195-2 Criminal Investigation Activities;
AR 600-20, Army Command Policy; AR 608-18, Family Advocacy Program DoD
Instruction 6495.02, Sexual Assault Prevention and Response Program
Procedures; and E.O. 9397 (SSN), as amended.
PURPOSE(S):
To provide a Web-based case reporting tool for the submission of
relevant data to the Sexual Assault Data Management System (SADMS) and
a centralized repository of relevant data regarding the entire
lifecycle of sexual assault cases, involving victims and/or
[[Page 13102]]
alleged offenders who are members of the Army (either the victim and/or
alleged offender(s) must be a uniformed member of the Army and/or DoD
Civilians and/or DoD Contractor personnel and either the victim and/or
alleged offender(s) must serve or accompany our armed forces as
integral parts of the unified mission). To enhance compilation and
accuracy of statistical data and management reports to enable Sexual
Harassment/Assault Response and Prevention Program (SHARP) leaders to
assess the effectiveness of both response and prevention and make fact-
based changes to policy and procedures on the strength of this
analysis. The system also stores training documentation for all
personnel whose duties pertain to sexual assault and sexual harassment
reporting and documentation.
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, these records may be disclosed
outside the DoD as a routine use pursuant to 5 U.S.C. 552a(b)(3) as
follows:
The DoD ``Blanket Routine Uses'' set forth at the beginning of the
Office of the Secretary of Defense compilation of systems of records
notices also apply to this system.
Note: This system of records contains individually identifiable
health information. The DoD Health Information Privacy Regulation
(DoD 6025.18-R) issued pursuant to the Health Insurance Portability
and Accountability Act of 1996, applies to most such health
information. DoD 6025.18-R may place additional procedural
requirements on the uses and disclosures of such information beyond
those found in the Privacy Act of 1974 or mentioned in this system
of records notice.
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Electronic storage media.
RETRIEVABILITY:
Name and Social Security Number (SSN).
SAFEGUARDS:
All records are maintained in areas accessible only to authorized
personnel who have an official need-to-know in the performance of their
assigned duties. Automated records are further protected by assignment
of user identification and password to protect the system from
unauthorized access. User identification and passwords are validated
through a Public Key Infrastructure (PKI) and utilize a Common Access
Card (CAC). The system employs a Secure Socket Layer (SSL) certificate
and 128 bit encryption to provide further protection from unauthorized
access to personal data. During non-duty hours, physical security will
be provided by the military police Pentagon Force Protection Agency
Police, or contract guard patrols to ensure protection against
unauthorized access.
RETENTION AND DISPOSAL:
SEXUAL ASSAULT DATA MANAGEMENT SYSTEM (SADMS) MASTER FILE:
Disposition: Keep in current file area until no longer needed for
conducting business, then retire to Records Holding Area/Army
Electronic Archives (RHA/AEA). The RHA/AEA will destroy the record when
the record is 60 years old. Unrestricted reports will be maintained for
40 years, unless there is no authoritative source data other than the
data provided by advocacy (Sexual Assault Response Coordinator/Victim
Advocate). Sexual Harassment/Assault Response and Prevention (SHARP)
program Standard Reports:
Disposition: Keep in current file area until the data has been
archived, then until no longer needed for conducting business, and then
retire to Records Holding Area/Army Electronic Archives (RHA/AEA). The
RHA/AEA will destroy the record in 5 years.
SEXUAL HARASSMENT RECORDS:
Disposition pending until the National Archives and Records
Administration has approved retention and disposition of these records,
treat as permanent.
SYSTEM MANAGER(S) AND ADDRESS:
Chief, Human Relations Policy Directorate, Deputy Chief of Staff,
Army G-1, ATTN: DAPE-HR, 300 Army Pentagon, Washington, DC 20310-0300.
NOTIFICATION PROCEDURE:
Individuals seeking to determine whether information about
themselves is contained in these systems should address written
inquiries to Deputy Chief of Staff, Army G-1, ATTN: DAPE-HR, 300 Army
Pentagon, Washington, DC 20310-0300.
For verification purposes, individual should provide their full
name, Social Security Number (SSN), current address and telephone
number and other personal identifying data that would assist in
locating the records.
In addition, the requester must provide 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)''.
RECORDS ACCESS PROCEDURE:
Individuals seeking access to information about themselves
contained in this system should address written inquiries to the Deputy
Chief of Staff, Army G-1, ATTN: DAPE-HR-HF, 300 Army Pentagon,
Washington, DC 20310-0300.
For verification purposes, individual should provide their full
name, Social Security Number (SSN), current address and telephone
number and other personal identifying data that would assist in
locating the records.
In addition, the requester must provide 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 RECORDS PROCEDURES:
The Army's rules for accessing records, and for contesting contents
and appealing initial agency determinations are contained in Army
Regulation 340-21; 32 CFR part 505; or may be obtained from the system
manager.
RECORD SOURCE CATEGORIES:
Army Criminal Investigation Intelligence System (ACI2); Central
Operations Police Suite (COPS); Sexual Assault Response Program
Tracking Application (SARPTA); Sexual Harassment/Assault Response and
Prevention (SHARP); Army Court Martial Information System (ACMIS);
Defense Eligibility and Enrollment Reporting System (DEERS); Defense
Manpower Data Center (DMDC); Total Army Personnel Data Base (TAPDB);
Defense Integrated Military Human
[[Page 13103]]
Resources System (DIMHRS); Army Human Resources Data Repository; Army
Civilian Personnel Records System (ACPERS); Defense Civilian Personnel
Data System (DCPDS); Contractor Verification System (CVS); Synchronized
Personnel Operational Tracker (SPOT); Civilian Tracking System
(CIVTRACKS); Deployed Theater Accountability System (DTAS) (unclass
only); Interim Reporting Solution workbook; Department of Justice
(DOJ); the Army Force Management Support Web-based Army Authorization
Document System (FMSWeb, previously WebTAADS); and the Equal
Opportunity Reporting System (EORS). HQDA, G-1, SHARP Program Office
will coordinate the extent and scope of official Army systems data that
will be incorporated into the Sexual Harassment/Assault Response and
Prevention program.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
This system of records is a compilation of information from other
Department of Defense/Army systems of records. To the extent that
copies of exempt records from those other systems of records are
entered into this system of records, the Army G-1 hereby claims the
same exemptions for the records from those other systems that are
entered into this system, as claimed for the original primary system of
which they are a part.
An exemption rule for this system has been promulgated in
accordance with requirements of 5 U.S.C. 553(b)(1), (2), and (3), (c)
and (e) and published in 32 CFR part 505. For additional information
contact the system manager.
[FR Doc. 2010-5961 Filed 3-17-10; 8:45 am]
BILLING CODE 5001-06-P