[Federal Register Volume 59, Number 57 (Thursday, March 24, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-6869]
[[Page Unknown]]
[Federal Register: March 24, 1994]
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DEPARTMENT OF DEFENSE
Defense Science Board Task Force on Tracked Vehicle Industrial
Base
ACTION: Notice of Advisory Committee Meetings.
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SUMMARY: The Defense Science Board Task Force on Tracked Vehicle
Industrial Base will meet in closed session on April 21-22, 1994 at
SAI, Arlington, Virginia.
The mission of the Defense Science Board is to advise the Secretary
of Defense through the Under Secretary of Defense for Acquisition and
Technology on scientific and technical matters as they affect the
perceived needs of the Department of Defense. At this meeting the Task
Force will examine the Congressional issues concerning the public and
private industrial base for tanks and tank engines. The Task Force
should study the viability of the tank and tank engine industrial base
and propose a definitive plan of action, cost estimates, and cost
effectiveness trade-off analyses and an implementation schedule for
Congressional review.
In accordance with section 10(d) of the Federal Advisory Committee
Act, Public Law 92-463, as amended (5 U.S.C. app. II, (1988)), it has
been determined that this DSB Task Force meeting, concerns matters
listed in 5 U.S.C. 552b(c)(1) (1988), and that accordingly this meeting
will be closed to the public.
Dated: March 18, 1994.
Patricia L. Toppings,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 94-6868 Filed 3-23-94; 8:45 am]
BILLING CODE 5000-04-M
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DEPARTMENT OF DEFENSE
Office of the Secretary of Defense
Privacy Act of 1974; Notice to Amend Record Systems
AGENCY: Office of the Secretary of Defense, DOD.
ACTION: Notice to amend record systems.
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SUMMARY: The Office of the Secretary of Defense proposes to amend six
systems of records notices to its inventory of record systems subject
to the Privacy Act of 1974 (5 U.S.C. 552a), as amended.
DATES: The amendments will be effective on April 25, 1994, unless
comments are received that would result in a contrary determination.
ADDRESSES: Send comments to Chief, Records Management and Privacy Act
Branch, Washington Headquarter Services, Correspondence and Directives,
Records Management Division, 1155 Defense Pentagon, Washington, DC
20301-1155.
FOR FURTHER INFORMATION CONTACT: Mr. Dan Cragg at (703) 695-0970 or DSN
225-0970.
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 above.
The proposed amendments are not within the purview of subsection
(r) of the Privacy Act, as amended, (5 U.S.C. 552a) which would require
the submission of a new or altered system report for each system. The
specific changes to the record systems being amended are set forth
below followed by the notices, as amended, published in their entirety.
Dated: March 18, 1994.
Patricia L. Toppings,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
DOCHA 01
Health Benefits Authorization Files (February 22, 1993, 58
FR10251).
* * * * *
Replace `Uniformed Services Benefit Plans, Inc' with `Administar
Defense Services, Inc.'
Add two addresses to end of entry `Aetna, 16855 West Bernard Drive,
Suite 306, San Diego, CA 92127; and
Palmetto Government Benefits Administrators, 8733 Highway 17
Bypass, Surfside Beach, SC 29575.'
* * * * *
Replace `permanent' with `maintained for six years.'
* * * * *
DOCHA 01
Health Benefits Authorization Files.
Primary system is located at Office of Civilian Health and Medical
Program of the Uniformed Services, Department of Defense, Aurora, CO
80045-6900.
Decentralized segments are located at the Office of Civilian Health
and Medical Program of the Uniformed Services-Europe, APO New York
09102-5000; and Fiscal Intermediaries (FIs)/Contractors under contract
to OCHAMPUS.
Each company listed below maintains claim files on beneficiaries in
their respective geographical areas. Health Management Strategies
International, Inc., 1725 Duke Street, Suite 300C, Alexandria, VA
22314-3408;
Health Management Strategies International, Inc., 1725 Duke Street,
Suite 300C, Alexandria, VA 22314-3408;
Administar Defense Services, Inc., 720 North Marr Road, Columbus,
IN 47201-6660;
Blue Cross-Blue Shield of South Carolina, 200 North Dozier
Boulevard, Florence, SC 29501-4026;
Wisconsin Physicians Service, 1617 Sherman Avenue, Madison, WI
53707-7927;
FHC Options, Inc., 240 Corporate Boulevard, Norfolk, VA 23502-4900;
Foundation Health Federal Services, Inc., 2 Lakeway Center, Suite
1960, 3850 Causeway Boulevard, Metarie, LA 70002;
Aetna, 16855 West Bernard Drive, Suite 306, San Diego, CA 92127;
and
Palmetto Government Benefits Administrators, 8733 Highway 17
Bypass, Surfside Beach, SC 29575.
All individuals who seek authorization or pre-authorization for
care under CHAMPUS/CHAMPVA.
Original correspondence with individuals, medical statements,
Congressional inquiries, medical treatment records, authorization for
care, case status sheets, memos for records, follow-up reports
justifying extended care, correspondence with fiscal intermediaries and
work-up sheets maintained by case workers.
44 U.S.C. 3101, 41 CFR part 101-11.000; chapter 55, 10 U.S.C. 613,
chapter 17, 38 U.S.C.; 32 CFR part 199; and E.O. 9397.
To maintain and control records pertaining to requests for
authorization or pre-authorization of health and dental care under
CHAMPUS.
In addition to those disclosures generally permitted under 5 U.S.C.
552a(b) of the Privacy Act, these records or information contained
therein may specifically be disclosed outside the DoD as a routine use
pursuant to 5 U.S.C. 552a(b)(3) as follows:
Determine eligibility of an individual, authorize payment, respond
to inquiries from congressional offices made at the request of the
individual covered by the system, control and review health care
management plans, health care demonstration programs, control
accomplishment of reviews, and coordinate subject matter clearance for
congressional committees and auditors.
Referral to the Secretary of the Department of Health and Human
Services and/or the Secretary of the Department of Veterans Affairs
consistent with their statutory administrative responsibilities under
CHAMPUS/CHAMPVA pursuant to chapter 55, 10 U.S.C. and section 613,
chapter 17, 38 U.S.C.
Referral to federal, state, local, or foreign governmental
agencies, and to private business entities, including individual
providers of care, on matters relating to fraud, program abuse,
utilization review, quality assurance, peer review, program integrity,
third-party liability, coordination of benefits, and civil or criminal
litigation related to the operation of CHAMPUS. Disclosure to third-
party contacts in situations where the party to be contacted has, or is
expected to have, information necessary to establish the validity of
evidence or to verify the accuracy of information presented by the
individual concerning his or her entitlement, the amount of benefit
payments, any review of suspected abuse or fraud, or any concern for
program integrity or quality appraisal.
The `Blanket Routine Uses' set forth at the beginning of OSD's
compilation of systems of records notices apply to this system.
Automated records are maintained on magnetic tape and disc. Paper
records maintained in file folders.
Information is retrieved by sponsor's Social Security Number and
sponsor's or beneficiary's name.
Records are maintained in areas accessible only to authorized
personnel who are properly screened, cleared, and trained.
Decentralized automated segments within FIs operations are accessible
on-line only to authorized persons possessing user identification
codes. OCHAMPUS buildings are protected by Department of Defense
security force and/or military police security force.
Automated indexes are maintained for six years. Hard copy records
are closed out at the end of the calendar year in which finalized, held
one additional year, and transferred to the Federal Records Center. The
Federal Records Center will destroy the records after an additional
five-year retention.
Chief, Program Operations Division, Office of Civilian Health and
Medical Program of the Uniformed Services, Department of Defense,
Aurora, CO 80045-6900.
Individuals seeking to determine whether information about
themselves is contained in this system should address written inquiries
to the Office of Civilian Health and Medical Program of the Uniformed
Services, Department of Defense, ATTN: Privacy Act Officer, Aurora, CO
80045-6900.
Individuals seeking access to information about themselves
contained in this system should address written inquiries to the Office
of Civilian Health and Medical Program of the Uniformed Services,
Department of Defense, ATTN: Privacy Act Officer, Aurora, CO 80045-
6900.
Written request for information should include the full name of the
beneficiary, the full name of the sponsor and sponsor's Social Security
Number, current address and telephone number.
Should it be determined that the release of medical information to
the requester could have an adverse effect upon the individual's
physical or mental health, the requester will be required to provide
the name and address of a physician who would be willing to receive the
medical record, and at the physician's discretion, inform the
individual covered by the system of the contents of that record.
For personal visits to examine records, the individual should
provide some acceptable identification such as a driver's license or
other form of picture identification.
The OSD's 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.
Contractors, Health Benefits Advisors, all branches of the
Uniformed Service, congressional offices, providers of care,
consultants and individuals.
None.
DOCHA 02
Medical Care Inquiry Files (August 27, 1993, 58 FR 45323).
* * * * *
Replace `Uniformed Services Benefit Plans, Inc.' with `Administar
Defense Services, Inc.'
Add two addresses to end of entry `Aetna, 16855 West Bernard Drive,
Suite 306, San Diego, CA 92127; and
Palmetto Government Benefits Administrators, 8733 Highway 17
Bypass, Surfside Beach, SC 29575.'
* * * * *
Replace `permanent' with `maintained three years.'
* * * * *
DOCHA 02
Medical Care Inquiry Files.
Primary system is located at Office of Civilian Health and Medical
Program of the Uniformed Services, Department of Defense, Aurora, CO
80045-6900.
Decentralized segments are located at the Office of Civilian Health
and Medical Program of the Uniformed Services-Europe, APO New York
09102-5000; and Fiscal Intermediaries (FIs)/Contractors under contract
to OCHAMPUS.
Each company listed below maintains medical care inquiry files on
beneficiaries in their respective geographical areas.
Health Management Strategies International, Inc., 1725 Duke Street,
Suite 300C, Alexandria, VA 22314-3408;
Administar Defense Services, Inc., 720 North Marr Road, Columbus,
IN 47201-6660;
Blue Cross-Blue Shield of South Carolina, 200 North Dozier
Boulevard, Florence, SC 29501-4026;
Wisconsin Physicians Service, 1617 Sherman Avenue, Madison, WI
53707-7927;
FHC Options, Inc., 240 Corporate Boulevard, Norfolk, VA 23502-4900;
Foundation Health Federal Services, Inc., 2 Lakeway Center, Suite
1960, 3850 Causeway Boulevard, Metarie, LA 70002;
Aetna, 16855 West Bernard Drive, Suite 306, San Diego, CA 92127;
and
Palmetto Government Benefits Administrators, 8733 Highway 17
Bypass, Surfside Beach, SC 29575.
All individuals who seek information concerning health care under
CHAMPUS/CHAMPVA.
Documents reflecting inquiries received from private individuals
for information on CHAMPUS/CHAMPVA and replies thereto; congressional
inquiries on behalf of constituents and replies thereto; and files
notifying personnel of eligibility or termination of benefits.
44 U.S.C. 3101; 41 CFR 101-11.000; chapter 55, 10 U.S.C.; section
613, chapter 17, 38 U.S.C.; and E.O. 9397.
To maintain and control records pertaining to requests for
information concerning the processing of individual CHAMPUS/CHAMPVA
claims and the benefit structure and procedures of CHAMPUS/CHAMPVA.
In addition to those disclosures generally permitted under 5 U.S.C.
552a(b) of the Privacy Act, these records or information contained
therein may specifically be disclosed outside the DoD as a routine use
pursuant to 5 U.S.C. 552a(b)(3) as follows:
Establish eligibility, respond to inquiries from individuals, and
respond to inquiries from congressional offices made at the request of
the individual covered.
Referral of the Secretary of the Department of Health and Human
Services and/or Secretary of the Department of Veterans Affairs
consistent with their statutory administrative responsibilities under
CHAMPUS/CHAMPVA pursuant to chapter 55, 10 U.S.C. and section 613,
chapter 17, 38 U.S.C.
Referral to federal, state, local, or foreign governmental
agencies, and to private business entities, including individual
providers of care, on matters relating to fraud, program abuse,
utilization review, quality assurance, peer review, program integrity,
third-party liability, coordination of benefits, and civil or criminal
litigation related to the operation of CHAMPUS.
Disclosure to other third-party contacts in situations where the
party to be contacted has, or is expected to have, information
necessary to establish the validity of evidence or to verify the
accuracy of information presented by the individual concerning his or
her entitlement, the amount of benefit payments, any review of
suspected abuse or fraud, or any concern for program integrity or
quality appraisal.
The `Blanket Routine Uses' set forth at the beginning of OSD's
compilation of systems of records notices apply to this system.
Automated records maintained on magnetic tape and disc. Paper
records maintained in file folders.
Information is retrieved by case number, sponsor name and/or Social
Security Number, and inquirer name.
Records are maintained in areas accessible only to authorized
personnel who are properly screened, cleared, and trained. Automated
segments are accessible only by authorized persons possessing user
identification codes. OCHAMPUS buildings are protected by Department of
Defense security force and/or military police security force.
Automated indexes are permanent. Paper records are retained in
active file until end of calendar year in which closed, held two
additional years, and then destroyed.
Chief, Public and Beneficiary Relations Division, Office of
Civilian Health and Medical Program of the Uniformed Services,
Department of Defense, Aurora, CO 80045-6900.
Individuals seeking to determine whether information about
themselves is contained in this system should address written inquiries
to the Office of Civilian Health and Medical Program of the Uniformed
Services, Department of Defense, ATTN: Privacy Act Officer, Aurora, CO
80045-6900.
Individuals seeking access to information about themselves
contained in this system should address written inquiries to the Office
of Civilian Health and Medical Program of the Uniformed Services,
Department of Defense, ATTN: Privacy Act Officer, Aurora, CO 80045-
6900.
Written requests for information should include the full name of
the individual, military sponsor's name and Social Security Number,
current address and telephone number. Should it be determined that the
release of medical information to the requester could have an adverse
effect upon the individual's physical or mental health, the requester
will be required to provide the name and address of a physician who
would be willing to receive the medical record and, at the physician's
discretion, inform the individual covered by the system of the contents
of that medical record.
For personal visits to examine records, the individual should be
able to provide some acceptable identification such as a driver's
license or other form of picture identification.
The OSD's 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.
Contractors, congressional offices, Health Benefits Advisors, all
branches of the Uniformed Services, consultants, and individuals.
None.
DOCHA 07
Medical Claim History Files (February 22, 1993, 58 FR 10253).
* * * * *
Replace `Uniformed Services Benefit Plans, Inc' with`Administar
Defense Services, Inc.'
Add two addresses to end of entry `Aetna, 16855 West Bernard Drive,
Suite 306, San Diego, CA 92127; and
Palmetto Government Benefits Administrators, 8733 Highway 17
Bypass, Surfside Beach, SC 29575.'
* * * * *
Replace `permanent' with `maintained for six years.'
In the second sentence, replace `four-year' with `five-year.'
* * * * *
DOCHA 07
Medical Claim History Files.
Primary system is located at Office of Civilian Health and Medical
Program of the Uniformed Services, Department of Defense, Aurora, CO
80045-6900.
Decentralized segments are located at the Office of Civilian Health
and Medical Program of the Uniformed Services-Europe, APO New York
09102-5000; and Fiscal Intermediaries (FIs)/Contractors under contract
to OCHAMPUS.
Each company listed below maintains claim files on beneficiaries in
their respective geographical areas.
Health Management Strategies International, Inc., 1725 Duke Street,
Suite 300C, Alexandria, VA 22314-3408;
Administar Defense Services, Inc., 720 North Marr Road, Columbus,
IN 47201-6660;
Blue Cross-Blue Shield of South Carolina, 200 North Dozier
Boulevard, Florence, SC 29501-4026;
Wisconsin Physicians Service, 1617 Sherman Avenue, Madison, WI
53707-7927;
FHC Options, Inc., 240 Corporate Boulevard, Norfolk, VA 23502-4900;
Foundation Health Federal Services, Inc., 2 Lakeway Center, Suite
1960, 3850 Causeway Boulevard, Metarie, LA 70002;
Aetna, 16855 West Bernard Drive, Suite 306, San Diego, CA 92127;
and
Palmetto Government Benefits Administrators, 8733 Highway 17
Bypass, Surfside Beach, SC 29575.
Eligible beneficiaries and all individuals who seek health care
under CHAMPUS/CHAMPVA.
File contains claims, billings for services, applications or
approval forms, medical records, family history files, records on
appeals and hearings, or any other correspondence, memorandum, or
reports which are acquired or utilized in the development and
processing of CHAMPUS/CHAMPVA claims. Records are also maintained on
health care demonstration projects, including enrollment and
authorization agreements, correspondence, memoranda, forms and reports
which are acquired or utilized during the projects.
44 U.S.C. 3101; 41 CFR 101-11.000; chapter 55, 10 U.S.C. 613,
chapter 17, 38 U.S.C.; 32 CFR part 199; and E.O. 9397.
OCHAMPUS and its contractors use the information to control and
process health care benefits available under CHAMPUS including the
processing of medical claims, the control and approval of medical
treatments, and necessary interface with providers of health care.
In addition to those disclosures generally permitted under 5 U.S.C.
552a(b) of the Privacy Act, these records or information contained
therein may specifically be disclosed outside the DoD as a routine use
pursuant to 5 U.S.C. 552a(b)(3) as follows:
Referral to federal, state, local, or foreign governmental
agencies, and to private business entities, including individual
providers of care, on matters relating to fraud, program abuse,
utilization review, quality assurance, peer review, program integrity,
third-party liability, coordination of benefits and civil or criminal
litigation related to the operation of CHAMPUS.
Information from CHAMPVA claims will be given to the Department of
Veterans Affairs.
Disclosure to third-party contacts in situations where the party to
be contacted has, or is expected to have, information necessary to
establish the validity of evidence or to verify the accuracy of
information presented by the individual concerning his or her
entitlement, the amount of benefit payments, any review of suspected
abuse or fraud, or any concern for program integrity or quality
appraisal.
Issuance of deductible certificates; responding to inquires from
congressional offices, made at the request of the person to whom a
record pertains; and conducting audits of FIs processed claims to
determine payment and occurrence accuracy of the FIs' adjudication
process.
Process and control of recoupment claims in favor of the United
States arising under the Federal Claims Collection Act. In connection
with these recoupment claims, information may be disclosed to:
a. The U.S. Department of Justice, including U.S. Attorneys, for
legal action and final disposition of the recoupment claims.
b. The Internal Revenue Service to obtain current address
information on delinquent accounts receivable (automated controls exist
to preclude redisclosure of solicited IRS address information) and to
report amounts written-off as uncollectible as taxable income.
c. Private collection agencies for collection action when deemed to
be in the best interest of the U.S.
Disclosures pursuant to 5 U.S.C. 552a(b)(12) may be made from this
system to consumer reporting agencies as defined in the Fair Credit
Reporting act of 1966 (15 U.S.C. 1681a(f)) or the Federal Claims
Collections Act of 1966 (31 U.S.C. 3701(a)(3)).
The disclosure is limited to information necessary to establish the
identity of the individual, including name, address, and taxpayer
identification number (Social Security Number); the amount, status, and
history of the claim; and the agency or program under which the claim
arose for the sole purpose of allowing the consumer reporting agency to
prepare a commercial credit report.
Automated records maintained on magnetic tape and disc. Paper
records maintained in file folders.
Information is retrieved by sponsor's Social Security Number;
beneficiary's name; classification of medical diagnosis, procedure
code, or geographical location of care provided; and selected
utilization limits.
Records are maintained in areas accessible only to authorized
personnel who are properly screened, cleared and trained. Decentralized
automated segments within FIs operations are accessible on-line only to
authorized persons possessing user identification codes. The automated
portion of the Primary System is accessible only through the medium of
OCHAMPUS prepared computer programs resulting in a printout of the
data. OCHAMPUS buildings are protected by Department of Defense
security force and/or military police security force.
Records maintained on magnetic tape are individual annual files and
are maintained for six years. Paper records are closed out at the
calendar year end in which processed, held one additional year, and
transferred to the Federal Records Center. Federal Records Centers will
destroy after an additional five-year retention.
Chief, Contract Management Division, Office of Civilian Health and
Medical Program of the Uniformed Services, Department of Defense,
Aurora, CO 80045-6900.
Individuals seeking to determine whether information about
themselves is contained in this system should address written inquiries
to the Office of Civilian Health and Medical Program of the Uniformed
Services, Department of Defense, ATTN: Privacy Act Officer, Aurora, CO
80045-6900.
Individuals seeking access to information about themselves
contained in this system should address written inquiries to the Office
of Civilian Health and Medical Program of the Uniformed Services,
Department of Defense, ATTN: Privacy Act Officer, Aurora, CO 80045-
6900.
Written requests for information should include the full name of
the beneficiary, the full name and Social Security Number of the
sponsor, current address, and telephone number. Should it be determined
that the release of medical information to the requester could have an
adverse effect upon the individual's physical or mental health, the
requester will be required to provide the name and address of a
physician who would be willing to receive the medical record and, at
the physician's discretion, inform the individual covered by the system
of the contents of that record.
For personal visits to examine records, the individual should
provide some acceptable identification such as driver's license or
other form of picture identification.
The OSD's 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.
Physicians, hospitals, and other sources of care; individuals;
insurance companies; and consultants.
None.
DWHS P42
DPS Incident Reporting and Investigations Case Files (February 22,
1993, 58 FR 10277).
* * * * *
Add a new paragraph to entry `To an insurance company of one or
more parties when an insured is involved in an injury or accident in
the DPS jurisdiction and an Accident Report is required to resolve
claims or to settle matters of record.'
* * * * *
DWHS P42
DPS Incident Reporting and Investigations Case Files.
Defense Protective Services, Washington Headquarters Services, 1155
Defense Pentagon, Washington, DC 20301-1155.
Persons who are the source of an initial complaint or allegation
that a crime took place.
Witnesses having information or evidence about any aspect of an
investigation.
Suspects in the criminal situation who are subjects of an
investigation. Persons who may pose a threat to the Secretary of
Defense, the Deputy Secretary of Defense and other Senior Defense
Officials.
Persons who may pose a threat to the personal safety of themselves
or others while in the DPS-controlled jurisdiction.
Subjects of investigations on noncriminal matters.
Current and former applicants for the position of Defense
Protective Service Officer.
Sources of information and evidence. The identity of these
individuals may be confidential as appropriate to the subject matter
they contribute. These files contain information vital to the outcome
of administrative procedures and civil and criminal cases.
Individuals associated with terrorism or terrorist groups and
activities and names of regional, nationwide, and worldwide terrorist
organizations.
Preliminary and other reports of criminal investigations from the
opening of a case until it is closed. These records are instituted and
maintained at varying points in the process. The processes of criminal
justice and civil and administrative remedies may require their partial
or total disclosure.
Security files contain information such as name, date and place of
birth, address, Social Security Number, education, occupation,
experience, and investigatory material.
Contingency Planning/Analysis files contain information such as
names and other identifying information and investigatory material on
an individual associated with terrorists or terrorist groups and
activities. File contains information about regional, nationwide, and
worldwide terrorist organizations and their effects on security of DOD
facilities under the jurisdiction of DPS. Intelligence briefs;
tactical, operational, and strategic informational reports; regional
and nationwide contingency analysis; contingency action plans; and
patterns and trends of potential or actual terrorists or terrorist
groups, or other activities that could disrupt the orderly operation of
Defense-owned or controlled facilities over which the DPS has
jurisdiction.
Documents created in enforcing regulations regarding motor vehicle
movement and parking on Federal premises including reports of traffic
accidents, traffic violation notices and similar records maintained by
DPS.
Section 21, Internal Security Act of 1950 (Pub.L. 831, 81st Cong.);
40 U.S.C 318, as delegated by Administrator, General Services
Administration, to the Deputy Secretary of Defense, September 1987, and
E.O. 9397.
Information in this system supports the public safety, law
enforcement, facility security, and contingency planning functions of
the Defense Protective Service. Additional functions supported include
information on current and former applicants for the position of
Defense Protective Service Officer and Internal Affairs investigative
records.
In addition to those disclosures generally permitted under 5 U.S.C.
552a(b) of the Privacy Act, these records or information contained
therein may specifically be disclosed outside the DoD as a routine use
pursuant to 5 U.S.C. 552a(b)(3) as follows:
To a Federal, state, local, or foreign agency responsible for
investigating, prosecuting, enforcing, or carrying out a statute, rule,
regulation, or order, where the agency is aware of a violation or
potential violation of civil or criminal law or regulation.
To an appeal, grievance, or formal complaints examiner; equal
employment opportunity investigator; arbitrator; exclusive
representative; or other officials engaged in investigating, or
settling a grievance, complaint or appeal filed by an employee.
To various bureaus and divisions of the Department of Justice that
have primary jurisdiction over subject matter and location which DPS
shares.
To law enforcement agencies which have lawfully participated in and
conducted investigation jointly with DPS.
Pursuant to the order of a court of competent jurisdiction, when
the United States is party to or has interest in litigation, and using
the records is relevant, necessary, and compatible with the purposes of
collecting the information.
To an insurance company of one or more parties when an insured is
involved in an injury or accident in the DPS jurisdiction and an
Accident Report is required to resolve claims or to settle matters of
record.
The `Blanket Routine Uses' set forth at the beginning of OSD's
compilation of systems of records notices apply to this system.
Paper records in file folders in file cabinets. Magnetic media in
controlled access areas for both on-line and storage disks.
Paper records by case control number and type of incident. Magnetic
files by case control number, name, address, and physical description
of subject individual.
Paper records are stored in secure filing cabinets in room with
built-in-position dial-type combination safe lock. Computer records are
maintained in limited access sites on a system protected by a software-
controlled password system.
Non-criminal records are destroyed one year after case is closed.
Criminal records are cutoff when case is closed and placed in an
inactive file for three years. After three years in the inactive file,
the records are retired to the Washington National Records Center for
an additional 15 years, after which time they will be destroyed.
Information on current and former applicants for position of DPS
Officer are maintained two years and then destroyed.
Contingency planning and analysis files pertaining to regional,
nationwide, and worldwide terrorist organizations and their potential
effects of the security of DoD facilities are destroyed when
superseded, obsolete, or no longer needed.
Defense Protective Services, Washington Headquarters Services, 1155
Defense Pentagon, Washington, DC 20301-1155.
Individuals seeking to determine whether this system of records
contains information about themselves should address inquiries to the
Defense Protective Services, Washington Headquarters Services, 1155
Defense Pentagon, Washington, DC 20301-1155.
Individuals seeking access to records about themselves contained in
this system of records should address inquiries to the Defense
Protective Services, Washington Headquarters Services, 1155 Defense
Pentagon, Washington, DC 20301-1155.
The OSD's 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.
Investigators, informants, witnesses, official records,
investigative leads, statements, depositions, business records, or any
other information source available to DPS.
Parts of this system may be exempt under 5 U.S.C. 552a(j)(2) as
applicable. The criminal investigation case file and contingency
planning and analysis file may be partially or totally subject to the
general exemption.
An exemption rule for this record system has been promulgated in
accordance with the requirements of 5 U.S.C. 553(b) (1), (2), and (3),
(c) and (e) and published in 32 CFR part 311. For additional
information contact the system manager.
DWHS P37
Grievance and Unfair Labor Practices Records (August 9, 1993, 58 FR
42303).
* * * * *
After `Office of the Secretary of Defense (OSD)', replace
`employees' with `, Joint Staff, and other employeesreceiving
administrative support from Washington HeadquartersServices (WHS).'
* * * * *
Replacae `the Office of the Secretary of Defense (OSD)' with
`Washington Headquarters Services and Joint Staff personnel offices.'
After `To disclose information to officials of the Merit
SystemProtection Board' insert a semicolon after `Board'. Delete
thenext word, `including' and retain remainder of sentence.
In sentence beginning `To provide information to officials oflabor
organizations', replace sentence with `To provideinformation to
officials of labor organizations reorganized underthe Civil Service
Reform Act when relevant and necessary to theperformance of their
exclusive representation duties concerningpersonnel policies,
practices, and matters affecting workingconditions.'
* * * * *
Delete entry and replace with `Grievance files aredestroyed four
years after closing of case or four years aftersettlement of
arbitration resulting from a negotiated grievance. Rosters of union
officials are revised and outdated versionsdestroyed when information
is superseded.'
* * * * *
After `Agency officials,' substitute a semicolon for the comma,and
replace the remaining text with the following: `byarbitrators; by
grievance investigators; by the Federal LaborRelations Authority; by
union officials; and from relatedcorrespondence from organizations or
persons.'
DWHS P37
Grievance and Unfair Labor Practices Records.
Directorate for Personnel and Security, Washington Headquarters
Services, Department of Defense, 1155 Defense Pentagon, Washington, DC
20301-1155.
Current or former Federal employees who have submitted grievances
in accordance with 5 U.S.C. 2302, and 5 U.S.C. 7121, or a negotiated
procedure, to include E.O. 11491, as amended.
The system contains records relating to grievances filed by Office
of the Secretary of Defense (OSD), Joint Staff, and other employees
receiving administrative support from Washington Headquarters Services
under 5 U.S.C. 2302, and 5 U.S.C. 7121. These case files contain all
documents related to the grievances, including statements of witnesses,
reports of interviews and hearings, examiner's findings and
recommendations, a copy of the original and final decision, and related
correspondence and exhibits. This system includes files and records of
internal grievance and arbitration systems that OSD may establish
through negotiations with recognized labor organizations. Folder
contains all information pertaining to a specific arbitration case or
specific unfair labor practice complaint, including a manual roster of
local union officials and union stewards.
5 U.S.C. 2302, 5 U.S.C. 7121, and E.O. 11491.
This information is used by the Washington Headquarters Services
and Joint Staff personnel offices in the creation and maintenance of
records of summary descriptive statistics and analytical studies in
support of the function for which the records are collected and
maintained, or for related work force studies. While published
statistics and studies do not contain individual identifiers, in some
instances the selection of elements of data included in the study may
be structured in such a way as to make the data individually
identifiable by reference.
In addition to those disclosures generally permitted under 5 U.S.C.
552a(b) of the Privacy Act, these records or information contained
therein may specifically be disclosed outside the DoD as a routine use
pursuant to 5 U.S.C. 552a(b)(3) as follows:
To disclose pertinent information to the appropriate Federal,
state, or local agency responsible for investigating, prosecuting,
enforcing, or implementing a statute, rule, regulation, or order, where
the disclosing agency becomes aware of an indication of a violation or
potential violation of civil or criminal law or regulation.
To disclose information to any source from which additional
information is requested in the course of processing a grievance, to
the extent necessary to identify the individual, inform the source of
the purpose(s) of the request, and identify the type of information
requested.
To disclose information 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 conducting of a security or
suitability investigation of an individual; the classifying of jobs;
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 requesting the Agency's
decision on the matter.
To provide information to a Congressional office from the record of
an individual, in response to an inquiry from that Congressional
office, made at the request of that individual.
To disclose information to another Federal agency or to a court
when the Government is party to a judicial proceeding before the court.
By the National Archives and Records Administration in records
management inspections conducted under authority of 44 U.S.C. 2906.
To disclose information to officials of the Merit Systems
Protection Board; the Office of the Special Counsel; the Federal Labor
Relations Authority and its General Counsel; or the Equal Employment
Opportunity Commission, when requested in performance of their
authorized duties.
To disclose in response to a request for discovery or for
appearance of a witness, information that is relevant to the subject
matter involved in a pending judicial or administrative proceeding.
To provide information to officials of labor organizations
reorganized under the Civil Service Reform Act when relevant and
necessary to the performance of their exclusive representation duties
concerning personnel policies, practices, and matters affecting working
conditions.
To provide information to the Comptroller General or any of his
authorized representatives, in the course of the performance of duties
of the General Accounting Office relating to the Labor Management
Relations Program.
Paper records maintained in file folders.
These records are retrieved by case subject, case number, and/or
individual employee names.
These records are maintained in metal files to which only OSD
authorized personnel have access.
Grievance files are destroyed four years after closing of case or
four years after settlement of arbitration resulting from a negotiated
grievance. Rosters of union officials are revised and outdated versions
destroyed when information is superseded.
Director for Personnel and Security, Washington Headquarters
Services, Department of Defense, 1155 Defense Pentagon, Washington, DC
20301-1155.
Individuals seeking to determine whether information about
themselves is contained in this system should address written inquiries
to the Directorate for Personnel and Security, Washington Headquarters
Services, Department of Defense, 1155 Defense Pentagon, Washington, DC
20301-1155.
Individuals seeking access to information about themselves
contained in this system should address written inquiries to the
Directorate for Personnel and Security, Washington Headquarters
Services, Department of Defense, 1155 Defense Pentagon, Washington, DC
20301-1155.
The OSD's 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.
Information in this system of records is provided by the individual
on whom the record is maintained; by testimony of witnesses; by Agency
officials; by arbitrators; by grievance investigators; by the Federal
Labor Relations Authority; by union officials; and from related
correspondence from organizations or persons.
None.
DGC 04
Industrial Personnel Security Clearance Case Files (August 27,
1993, 58 FR 45318).
* * * * *
After `Arlington, VA 22203-9995' delete period and insert `and
Directorate for Industrial Security Clearance Review, Building 306,
3990 East Broad Street, Columbus, OH 43216-5007.'
Second paragraph: In the second sentence, following `Automated'
insert `Joint Adjudicative Clearance System.' At the end of this
paragraph, delete the period and add ', with access by computer
terminals at DISCR locations.'
In the first sentence following `clearance' insert
`ortrustworthiness.' Also in the first sentence, delete `the
Directorate for Industrial Security Clearance Review (DISCR) by the
Defense Industrial Security Clearance Office (DISCO) or by the
Director, Defense Investigative Service (DIS)' and replace with
`DISCR.' Additionally in the first sentence, delete `E.O. 10865, as
implemented by.' At ending of sentence, delete period and add `,
Defense Industrial Personnel Security Clearance Review Program or DoD
Regulation 5200.2-R, DoD Personnel Security Program.'
In the second paragraph first sentence, after `agencies' deletethe
semicolon and add `, which may include information obtainedfrom
interviews, court documents, law enforcement records,business records,
and other sources;'. Continuing in the second paragraph first sentence,
insert after `evaluations;' `adjudicator's case summaries;'. On the
last line of the second paragraph, following `actions;', delete `;' and
insert `, including Administrative Judge and Appeal Board decisions;'.
In the third paragraph, replace `administrative and adjudicative'
with `Administrative Judge and Appeal Board'. Also in the second
sentence of the third paragraph, insert `other' after `and'; in this
same sentence, delete `of applicants, witnesses, sources of
information, and other sensitive information.'
Replace the `;' after `E.O. 10909' with `,'. Following `Industrial
Personnel Security Clearance Program' insert `(32 CFR part 155).'
Following `security clearance' insert `or holding a
sensitiveposition requiring a trustworthiness decision'; and following
the insertion, delete `industrial'. Following `to record' delete
`clearance.'
Delete `Information may be disclosed to the Department of Justice
in determining claims for reimbursement in preparation of hearings,
appeals and Federal Court review.'
Delete `vertical.' Insert after `DISCR' `some records created by
DISCR are stored on hard drives or disks for retrieval on word
processing equipment.' Replace `discs' with `disks.'
* * * * *
Replace `4015 Wilson Boulevard, Suite 300' with `PO Box 3656.'
* * * * *
DGC 04
Industrial Personnel Security Clearance Case Files.
Directorate for Industrial Security Clearance Review, Defense Legal
Services Agency, Department of Defense, 4015 Wilson Boulevard, Suite
300, Arlington, VA 22203-1995, and
Directorate for Industrial Security Clearance Review, Building 306,
3990 East Broad Street, Columbus, OH 43216-5007.
Decentralized inactive segments are held at the Washington National
Records Center, and at the U.S. Army Investigative Records Depository,
Fort Meade, MD 20755. Automated Joint Adjudicative Clearance System
records are maintained on a system V5-02, Defense Central Index of
Investigations, at Defense Investigative Service, Personnel
Investigations Center, Baltimore, MD, with access by computer terminals
at Directorate for Industrial Security Clearance Review (DISCR)
locations.
Current and former government contractor employees whose industrial
security clearance or trustworthiness cases were referred to DISCR for
adjudication under DOD Directive 5220.6, Defense Industrial Personnel
Security Clearance Review Program orDoD Regulation 5200.2-R, DoD
Personnel Security Program.
System includes automated case status records for current cases and
inactive cases, an alphabetical card index file for records of cases
prior to 1984 used for recording actions taken and for identification
and location of case files within the system, and individual case
files.
Case files include requests for investigation and clearance;
general correspondence relating to cases; personnel security
questionnaires; investigative reports prepared by various investigative
agencies, which may include information obtainedfrom interviews, court
documents, law enforcement records,business records, and other sources;
medical and psychiatric records and evaluations; adjudicator's case
summaries; DISCO referral recommendations; correspondence between
applicants for clearance and DISCR elements, DISCO, medical facilities,
DoD Psychiatric Consultants, investigative agencies, Military
Departments, other DoD Components and Federal agencies, Personnel
Security Specialists, Department Counsel, Administrative Judges, Appeal
Board, and elements of the Office of the Secretary of Defense and
Defense Investigative Service; written interrogatories and Statements
of Reasons (SOR) to applicants, with replies, recommendations,
summaries, and records of adjudicative actions, including
Administrative Judge and Appeal Board decisions; transcripts of
hearings; and exhibits.
Supplementing the system's case files are redacted copies, with
indexes thereto, of DISCR Administrative Judge and Appeal Board
decisions from July 1961 to present. Names and other identifying
information are redacted from these decisions to protect the privacy of
persons involved.
E.O. 10865, Safeguarding Classified Information Within Industry, as
amended by E.O. 10909, E.O. 11382, and E.O. 12829; DOD Directive
5220.6, Industrial Personnel Security Clearance Program (32 CFR part
155); DOD Regulation 5200.2-R, DOD Personnel Security Program (32 CFR
part 154).
These records are collected and maintained to determine whether the
granting or retention of security clearance or holding a sensitive
position requiring a trustworthiness decision to contractor personnel
is clearly consistent with the national interest, to record
adjudicative actions and determinations; to record processing steps
taken and processing time; to prepare statistical listings and
summaries; to document due process actions taken; to assist authorized
DOD Consulting Psychiatrists to compile evaluations and reports; to
respond to inquiries from offices within the executive and legislative
branches when the inquiry is made at the request of the individual or
for official purposes; to monitor and control adjudicative actions and
processes.
Automated case status system and card files are used to record
statistics, provide location and status and internal identification of
cases, to prepare listings and statistical reports and summaries, and
to monitor work flow and actions.
In addition to those disclosures generally permitted under 5 U.S.C.
552a(b) of the Privacy Act, these records or information contained
therein may specifically be disclosed outside the DoD as a routine use
pursuant to 5 U.S.C. 552a(b)(3) as follows:
The `Blanket Routine Uses' set forth at the beginning of OSD's
compilation of systems of records notices apply to this system.
Paper records are maintained in file folders, and on file cards at
DISCR some records created by DISCR are stored on hard drives or disks
for retrieval on word processing equipment; and automated records in
electronic storage are maintained on magnetic tapes and disks at
Defense Investigative Service, Personnel Investigations Center,
Baltimore, MD.
Filed alphabetically by name or by case number. Access to computer
data may be made by name and Social Security Number and a combination
of name and other personal identifying data.
Records are stored in a secured area accessible only to authorized
personnel. All records are stored, processed, transmitted and protected
as the equivalent of For Official Use Only information. Records are
accessed by the custodian of the record system and by persons
responsible for using or servicing the system, who are properly
screened and have a need-to-know. Computer hardware is located in
controlled areas with access limited to authorized personnel. Computer
access is via dedicated data circuits which prevent access from
standard dial-up telephones or is individually password controlled.
Individual passwords are changed periodically including upon departure
of personnel. The automated systems are operated by DISCR and by the
Defense Investigative Service, Personnel Investigations Center,
Information Systems Division. Only DISCR personnel with need-to-know
are given individual passwords and user identification, information
needed to access the computer system and amend, add, alter, change or
delete DISCR records. Other authorized contributors and users of the
Defense Central Index of Investigations have read-only access to DISCR
case status records in the system.
Completed case files are retained in office files for two years
after annual cut-offs, then are retired to the Washington National
Records Center, for an additional 20 years.
Inactive case files completed prior to 1982 are maintained at the
U.S. Army Investigative Records Repository, Ft. Meade, MD 20755.
Automated electronic case status records and alphabetical card index
files are retained as locator for both active and inactive records.
Computer data and alphabetical card files are purged when the inactive
case file is no longer retained.
Director, Directorate for Industrial Security Clearance Review,
4015 Wilson Boulevard, Suite 300, Arlington, VA 22203-1995.
Individuals seeking to determine whether information about
themselves is contained in this system should address written inquiries
to the Director, Directorate for Industrial Security Clearance Review,
P.O. Box 3656, Arlington, VA 22203-1995.
Requests for copies of redacted, final determinations of
Administrative Judges and Appeal Board should be sent to the system
manager, and should include OSD Case Number.
Individuals seeking information about themselves contained in this
system should address written inquiries to the Director, Directorate
for Industrial Security Clearance Review, 4015 Wilson Boulevard, Suite
300, Arlington, VA 22203-1995. Some records may be made available for
review at DISCR Headquarters, 4015 Wilson Boulevard, Suite 300,
Arlington, VA.
Written requests by an individual for copies of records containing
information pertaining to the individual should be sent to Directorate
for Freedom of Information and Security Review, Office of the Assistant
Secretary of Defense (Public Affairs), 1400 Defense Pentagon,
Washington, DC 20301-1400 and should include the individual's full
name, any former names used, date and place of birth, and Social
Security Number.
Requests must be signed and notarized or, if the individual does
not have access to notary services, preceded by a signed and dated
declaration verifying the identity of the requester, in substantially
the following form: `I certify that the information provided by me is
true, complete, and accurate to the best of my knowledge and belief and
this request is made in good faith. I understand that a knowing and
willful false, fictitious or fraudulent statement or representation can
be punished by fine or imprisonment or both.' (Signature).
The OSD's 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.
Information is received from investigative reports from federal
investigative agencies; personnel security records and correspondence;
medical and personnel records, reports and evaluations; correspondence
from contractors, employers, organizations of assignment and Federal
agencies; DOD organizations, agencies and offices; from individuals,
their attorneys or authorized representatives.
Parts of this record system may be exempt under 5 U.S.C.
552a(k)(5), as applicable.
An exemption rule for this record system has been promulgated
according to the requirements of 5 U.S.C. 553(b)(1), (2), and (3), (c)
and (e) and published in 32 CFR part 311. For additional information
contact the system manager.
[FR Doc. 94-6869; 03-23-94; 8:45 am]
BILLING CODE 5000-04-F