[Federal Register Volume 60, Number 57 (Friday, March 24, 1995)]
[Notices]
[Pages 15538-15542]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-7224]
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DEPARTMENT OF DEFENSE
Office of the Secretary of Defense
Privacy Act of 1974; Addition and Alteration of Systems of
Records
AGENCY: Department of Defense.
ACTION: Notice of an addition and alteration of systems of records.
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SUMMARY: The Department of Defense is adding one system of records
notice and altering another in its inventory of Privacy Act systems of
records notices subject to the Privacy Act of 1974 (5 U.S.C. 552a), as
amended.
DATES: These actions will be effective April 24, 1995, unless comments
are received that would result in a contrary determination.
ADDRESSES: Send comments to the OSD Privacy Act Officer, Washington
Headquarters Services, Correspondence and Directives Division, Records
Management Division, 1155 Defense Pentagon, Room 5C315, Washington, DC
20301-1155.
FOR FURTHER INFORMATION CONTACT: Mr. Dan Cragg at (703) 695-0970.
SUPPLEMENTARY INFORMATION: The Office of the Secretary of Defense
systems of records notices 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 new and alteration system reports, as required by 5
U.S.C. 552a(r) of the Privacy Act of 1974, as amended, were submitted
on March 13, 1995, to the Committee on Government Operations of the
House of Representatives, the Committee on Governmental Affairs of the
Senate, and the Office of Management and Budget (OMB) pursuant to
paragraph 4c of Appendix I to OMB Circular No. A-130, `Federal Agency
Responsibilities for Maintaining Records About Individuals,' dated July
25, 1994 (59 FR 37906, July 25, 1994).
Dated: March 17, 1995.
Patricia L. Toppings,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
DGC 04
Industrial Personnel Security Clearance Case Files (March 24, 1994,
59 FR 13941).
* * * * *
Delete entry and replace with `Personnel Security Clearance
Adjudication Files.'
Delete entry and replace with `Defense Office of Hearings and
Appeals, Defense Legal Services Agency, Department of Defense, 4015
Wilson Boulevard, Suite 300, Arlington, VA 22203-1995;
Defense Office of Hearings and Appeals, Defense Legal Services
Agency, 6946 Van Nuys Boulevard, Suite 124, Van Nuys, CA 91405-3935;
and
Defense Office of Hearings and Appeals, Defense Legal Services
Agency, 3990 East Broad Street, Building 306, 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 Defense Office of Hearings and Appeals (DOHA) locations.'
Delete and replace entry with `Current and former Federal
Government, contractor, state and local government employees and other
persons whose security clearance or trustworthiness cases are referred
to the Defense Office of Hearings and Appeals.'
* * * * *
Delete entry and replace with `10 U.S.C. 140; 31 U.S.C. 1535;
Executive Orders 10865, as amended, 10450, as amended, 12829, and
9397.' [[Page 15539]]
Delete entry and replace with `These records are collected and
maintained to determine whether the granting or retention of a security
clearance to or affirmative trustworthiness decision for an individual
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 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.'
Delete entry and replace with `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:
Case files referred by Federal Emergency Management Agency (FEMA)
for adjudication by DOHA are provided to FEMA when action is completed,
along with recommended clearance decisions.
The `Blanket Routine Uses' set forth at the beginning of OSD's
compilation of systems of records notices apply to this system.'
* * * * *
Delete entry and replace with `Completed case files are returned to
non-DoD agencies and are subject to records retention schedules of the
owning agency after completion of DOHA action. Copies of case summaries
and recommended adjudication decisions and ancillary documents for all
cases are retained for internal reference purposes by DOHA personnel.
Industrial security and trustworthiness cases are retained at DOHA for
two years after annual cut-offs, then are retired for twenty years at
the Washington National Records Center and then destroyed.
Inactive Department of Defense case files prior to 1982 are
maintained at the U.S. Army Investigative Records Repository, Ft.
Meade, MD 20755. Automated case tracking records and alphabetical card
index files are retained as locator for active and inactive cases and
for statistical purposes.'
* * * * *
DGC 04
Personnel Security Clearance Adjudication Files.
Defense Office of Hearings and Appeals, Defense Legal Services
Agency, Department of Defense, 4015 Wilson Boulevard, Suite 300,
Arlington, VA 22203-1995;
Defense Office of Hearings and Appeals, Defense Legal Services
Agency, 6946 Van Nuys Boulevard, Suite 124, Van Nuys, CA 91405-3935;
and
Defense Office of Hearings and Appeals, Defense Legal Services
Agency, 3990 East Broad Street, Building 306, 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 Defense Office of Hearings and Appeals (DOHA) locations.
Current and former Federal Government, contractor, state and local
government employees and other persons whose security clearance or
trustworthiness cases are referred to the Defense Office of Hearings
and Appeals.
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, clearance, and
adjudication; general correspondence relating to cases; personnel
security questionnaires; investigative reports prepared by various
investigative agencies, which may include information obtained from
interviews, court documents, law enforcement records, business records,
and other sources; medical and psychiatric records and evaluations;
adjudicator's case summaries; Defense Industrial Security Clearance
Office (DISCO) referral recommendations; correspondence between or
concerning applicants for clearance and DOHA 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 (SIR) to applicants, with replies, pleadings or
correspondence filed and served on all parties, recommendations,
summaries, and records of adjudicative actions; transcripts of
hearings; exhibits admitted into evidence; decisions of Administrative
Judges and Appeal Boards; and such other matter as may be included in
the record.
10 U.S.C. 140; 31 U.S.C. 1535; Executive Orders 10865, as amended,
10450, as amended, 12829, and 9397.
These records are collected and maintained to determine whether the
granting or retention of a security clearance to or affirmative
trustworthiness decision for an individual 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 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. [[Page 15540]]
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:
Case files referred by Federal Emergency Management Agency (FEMA)
for adjudication by DOHA are provided to FEMA when action is completed,
along with recommended clearance decisions.
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;
electronic records are stored on magnetic or optical media; certain
automated records 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 secure area accessible only to DOHA
authorized personnel. Except for a small number of records that are
classified and need to be safeguarded as classified materials, all
other 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
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 with password control. Individual passwords are changed
periodically and upon departure of personnel. The dedicated data
feature prevents access from standard dial-up telephones. Automated
systems are operated by DOHA and by the Defense Investigative Service,
Personnel Investigations Center, Information Systems Division. Only
DOHA personnel are given the security level on the computer system
needed to amend, add, alter, change or delete DOHA records. Other
authorized contributors and users of the Defense Central Index of
Investigations have read-only access to DOHA case status records in the
system.
Completed case files are returned to non-DoD agencies and are
subject to records retention schedules of the owning agency after
completion of DOHA action. Copies of case summaries and recommended
adjudication decisions and ancillary documents for all cases are
retained for internal reference purposes by DOHA personnel. Industrial
security and trustworthiness cases are retained at DOHA for two years
after annual cut-offs, then are retired for twenty years at the
Washington National Records Center and then destroyed.
Inactive Department of Defense case files prior to 1982 are
maintained at the U.S. Army Investigative Records Repository, Ft.
Meade, MD 20755. Automated case tracking records and alphabetical card
index files are retained as locator for active and inactive cases and
for statistical purposes.
Director, Defense Office of Hearings and Appeals, PO Box 3656,
Arlington, VA 22203-1995.
Individuals seeking to determine whether information about
themselves is contained in this system should address written inquiries
to the Director, Defense Office of Hearings and Appeals, PO Box 3656,
Arlington, VA 22203-1995.
Individual should provide their full name and Social Security
Number.
Individuals seeking access to information about themselves
contained in this system of records should address written requests to
the Director, Defense Office of Hearings and Appeals, PO Box 3656,
Arlington, VA 22203-1995.
Individuals should provide their full name, and any former names
used, date and place of birth, 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).
Some records may be made available for review at DOHA Headquarters,
upon appointment made with Director. Individual must present picture
identification, such as a valid driver's license.
The OSD's rules for accessing records, for contesting contents and
appealing initial agency determinations are published in OSD
Administrative Instruction No. 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; from witnesses at
hearings or documentary evidence made part of the hearing record.
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.
DGC 17
Hearings and Appeals Case Files.
Defense Office of Hearings and Appeals, Defense Legal Services
Agency, Department of Defense, 4015 Wilson Boulevard, Suite 300,
Arlington, VA 22203-1995;
Defense Office of Hearings and Appeals, Defense Legal Services
Agency, 6946 Van Nuys Boulevard, Suite 124, Van Nuys, CA 91405-3935;
and
Defense Office of Hearings and Appeals, Defense Legal Services
[[Page 15541]] Agency, 3990 East Broad Street, Building 306, Columbus,
OH 43216-5007.
(1) Beneficiaries and providers under the Civilian Health and
Medical Program of the Uniformed Services (CHAMPUS) that have
unresolved disputes with the Office of CHAMPUS (OCHAMPUS);
(2) Students in the Department of Defense Dependent Schools (DoDDS)
overseas and Section 6 schools and their sponsors.
CHAMPUS-related categories include: Appointment memoranda and
transmittal correspondence; case files; petitions and answers to
petitions; exhibits admitted into evidence; written transcripts or
electronic records of hearings; pleadings or correspondence properly
filed and served on all parties; claims and all other pertinent
materials relating to a claim; billings, applications or approval
forms; medical records, family history files; such other matter as the
hearing officer may include in the record, rulings or orders issued by
the hearing office, and the hearing officer's written decision.
Education-related categories include: Records pertaining to
students attending DoD-operated dependent schools in case files
pertaining to hearings and appeals conducted pursuant to appendix C to
32 CFR part 80, Special Education Children with Disabilities Within the
Section 6 School Arrangements; 32 CFR part 57, Education of Handicapped
Children in DoD Dependent Schools; or 32 CFR part 56, Nondiscrimination
on the basis of Handicap in Programs and Activities Assisted or
conducted by the Department of Defense, to afford impartial due process
hearings and administrative appeals on the early intervention services
or identification, evaluation, and educational placement of, and free
appropriate public education provided to a disabled child; documents
associated with such hearing, including: Appointment memoranda and
transmittal correspondence; petitions and answers to petitions, the
written transcript or the electronic record of the hearing, exhibits
admitted into evidence; pleadings, written submissions or
correspondence properly filed and served on all parties, such other
matter as the hearing officer may include in the record, rulings or
orders issued by the hearing office, the hearing officer's written
decision; documents associated with administrative appeals from the
hearing officer's written decision; including the administrative record
on appeal, pleadings, written submissions or correspondence properly
filed and served on all parties, rulings or orders issued by the appeal
board, and the appeal board's written decision.
Common to both categories, automated case status records for
current cases and inactive cases are used to provide location and
status and internal identification of cases, to prepare listings and
internal statistical reports, and to monitor workflow and case handling
actions.
10 U.S.C. 140 and E.O. 9397.
Records are collected and maintained to support claims resolution
and impartial due process hearings/and or ancillary proceedings to
parties requesting them and to provide decisions to those parties
involved in the hearings; to record processing steps taken and
processing time; to prepare statistical listings and summaries; to
document due process actions taken; 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.
The automated case tracking system is used to record statistics,
provide location and status and internal identification of cases, to
prepare listings and internal statistical reports, and to monitor work
flow and case handling 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;
electronic records are stored on magnetic or optical media.
Filed alphabetically by beneficiary, provider, child's or sponsor's
name, Social Security Number, or by case number. Access to computer
data may be made by name, Social Security Number, or a combination of
other personal identifying data.
Records are stored in a secure area accessible only to DOHA
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 with password control. Individual
passwords are changed periodically and upon departure of personnel. The
dedicated data feature prevents access from standard dial-up
telephones.
Along with decisions and other materials developed during DOHA
processing of cases, the original case files, tapes, exhibit files, and
associated documentation are returned to OCHAMPUS and the DoD Education
Activity and are subject to records retention schedules of the owning
agency after completion of DOHA action. Copies of decisions and audio
tapes are destroyed when no longer needed for reference purposes but
not later than 6 years after rendering a decision.
Director, Defense Office of Hearings and Appeals, PO Box 3656,
Arlington, VA 22203-1995.
Individuals seeking to determine whether information about
themselves is contained in this system should address written inquiries
to the Director, Defense Office of Hearings and Appeals, PO Box 3656,
Arlington, VA 22203-1995.
Individuals seeking access to information about themselves
contained in this system of records should address written inquiries to
the Director, Defense Office of Hearings and Appeals, PO Box 3656,
Arlington, VA 22203-1995.
Individual should provide full name and any former names used, date
and [[Page 15542]] place of birth, and Social Security Number.
Some records may be made available for review at DOHA Headquarters
upon appointment made with the Director. Individual must be able to
provide picture identification or a valid driver's license.
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 No. 81; 32 CFR part 311; or may be obtained
from the system manager.
For OCHAMPUS Cases: Case files referred by OCHAMPUS to DOHA
Administrative Judges; correspondence and supplementary material from
DOHA to the parties in connection with the handling of the case;
correspondence, pleadings, written submissions and evidence associated
with hearings from parties to such proceedings; DoD correspondence
associated with receipt and transmittal of case files.
For DoD Education Activity Cases: Case files assigned to DOHA
Administrative Judges for hearing and/or administrative appeals;
correspondence and supplementary material from DOHA to the parties in
connection with the handling of the case; correspondence, pleadings,
written submissions and evidence associated with hearings or appeals
from parties to such proceedings; rulings, orders, and written
decisions from hearing officers or appeal board; correspondence from
individuals, their attorneys, or authorized representatives; and DoD
correspondence associated with receipt and transmittal of case files.
None.
[FR Doc. 95-7224 Filed 3-23-95; 8:45 am]
BILLING CODE 5000-04-F