[Federal Register Volume 62, Number 192 (Friday, October 3, 1997)]
[Notices]
[Pages 51835-51836]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-26203]


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DEPARTMENT OF DEFENSE

Department of the Army


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: The Department of the Army proposes to alter a system of 
records notice in its inventory of record systems subject to the 
Privacy Act of 1974, (5 U.S.C. 552a), as amended. The alteration adds a 
new category of individuals covered and a routine use to an existing 
Army system of records identified as A0040-57a DASG, Armed Forces 
Repository of Specimen Samples for the Identification of Remains.

DATES: This action will be effective without further notice on November 
3, 1997, unless comments are received that would result in a contrary 
determination.

ADDRESSES: Privacy Act Officer, Records Management Program Division, 
U.S. Army Total Personnel Command, ATTN: TAPC-PDR-P, Stop C55, Ft. 
Belvoir, VA 22060-5576.

FOR FURTHER INFORMATION CONTACT: Ms. Janice Thornton at (703) 806-4390 
or DSN 656-4390.

SUPPLEMENTARY INFORMATION: The complete inventory of Department of the 
Army record system 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 altered system report, as required by 5 U.S.C. 552a(r) 
of the Privacy Act was submitted on September 23, 1997, to the House 
Committee on Government Reform and Oversight, the Senate Committee on 
Governmental Affairs, and the Office of Management and Budget (OMB) 
pursuant to paragraph 4c of Appendix I to OMB Circular No. A-130, 
`Federal Agency Responsibilities for Maintaining Records About 
Individuals,' dated February 8, 1996, (61 FR 6427, February 20, 1996).
    Dated: September 29, 1997.

L.M. BynumM,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
A0040-57a DASG

System name:
    DoD DNA Registry (June 14, 1995, 60 FR 31287).

Changes:
* * * * *

System Name:
    Delete entry and replace with `Armed Forces Repository of Specimen 
Samples for the Identification of Remains.'

System Location:
    Delete both paragraphs and replace with `Armed Forces Repository of 
Specimen Samples for the Identification of Remains, Armed Forces 
Institute of Pathology, 16050 Industrial Drive, Gaithersburg, MD 20877-
1414.'

Categories of Individuals Covered by the System:
    Add `and contractor' after `DoD Civilian'.
* * * * *

Authority for Maintenance of the System:
    Delete entry and replace with `5 U.S.C. 301, Departmental 
Regulations; 10 U.S.C. 131; 10 U.S.C. 3013, Secretary of Army; 10 
U.S.C. 5013, Secretary of the Navy; 10 U.S.C. 8013, Secretary of the 
Air Force; E.O. 9397 (SSN); Deputy Secretary of Defense memorandum 
dated December 16, 1991; and Assistant Secretary of Defense (Health 
Affairs) memoranda dated January 5, 1993, March 9, 1994, April 2, 1996, 
and October 11, 1996.'

Purpose(s):
    Add to entry `The data collected and stored will not be analyzed 
until needed for the identification of human remains.'

Routine uses of records maintained in the system, including categories 
of users and the purposes of such uses:
    Add a new paragraph as follows `To proper authority, as compelled 
by other applicable law, in a case in which all of the following 
conditions are present:
    (1) The responsible DoD official has received a proper judicial 
order or judicial authorization;
    (2) The specimen sample is needed for the investigation or 
prosecution of a crime punishable by one year or more of confinement;
    (3) No reasonable alternative means for obtaining a specimen for 
DNA profile analysis is available; and
    (4) The use is approved by the Assistant Secretary of Defense for 
Heath Affairs.'
* * * * *
A0040-57a DASG

System name:
    Armed Forces Repository of Specimen Samples for the Identification 
of Remains.

System location:
    Armed Forces Repository of Specimen Samples for the Identification 
of Remains, Armed Forces Institute of Pathology, 16050 Industrial 
Drive, Gaithersburg, MD 20877-1414.

Categories of individuals covered by the system:
    Department of Defense military personnel (active and reserve).
    Civilian family members of Department of Defense military personnel 
(active and reserve) who voluntarily provide specimens for DNA typing 
for purpose of identifying the human remains of family members.
    DoD civilian and contractor personnel deploying with the armed 
forces.
    Other individuals may also be included in this system when the 
Armed Forces Institute of Pathology (AFIP) is requested by Federal, 
state, local and foreign authorities to identify human remains.

Categories of records in the system:
    Specimen collections from which a DNA typing can be obtained (oral 
swabs, blood and blood stains, bone, and tissue), and the DNA typing 
results. Accession number, specimen locator information, collection 
date, place of collection, individual's name, Social Security Number, 
right index fingerprint, signature, branch of service, sex, race and 
ethnic origin, address, place and date of birth, and relevant kindred 
information, past and present.

Authority for maintenance of the system:
    5 U.S.C. 301, Departmental Regulations; 10 U.S.C. 131; 10 U.S.C. 
3013, Secretary of Army; 10 U.S.C. 5013, Secretary of the Navy; 10 
U.S.C. 8013, Secretary of the Air Force; E.O. 9397 (SSN); Deputy 
Secretary of Defense memorandum dated December 16, 1991;

[[Page 51836]]

and Assistant Secretary of Defense (Health Affairs) memoranda dated 
January 5, 1993, March 9, 1994, April 2, 1996, and October 11, 1996.

Purpose(s):
    Information in this system of records will be used for the 
identification of human remains. The data collected and stored will not 
be analyzed until needed for the identification of human remains.

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, 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 Federal, state, local and foreign authorities when the Armed 
Forces Institute of Pathology (AFIP) is requested to identify human 
remains.
    To a proper authority, as compelled by other applicable law, in a 
case in which all of the following conditions are present:
    (1) The responsible DoD official has received a proper judicial 
order or judicial authorization;
    (2) The specimen sample is needed for the investigation or 
prosecution of a crime punishable by one year or more of confinement;
    (3) No reasonable alternative means for obtaining a specimen for 
DNA profile analysis is available; and
    (4) The use is approved by the Assistant Secretary of Defense for 
Heath Affairs.
    The Army's `Blanket Routine Uses' do not apply to this system.

Policies and practices for storing, retrieving, accessing, retaining, 
and disposing of records in the system:
Storage:
    Records are stored manually and electronically.

Retrievability:
    By individual's surname, sponsor's Social Security Number, date of 
birth, and specimen reference or AFIP accession number.

Safeguards:
    Access to the Armed Forces Institute of Pathology is controlled. 
Computerized records are maintained in controlled areas accessible only 
to authorized personnel. Entry to these areas is restricted to those 
personnel with a valid requirement and authorization to enter. All 
personnel whose duties require access to, or processing and maintenance 
of personnel information are trained in the proper safeguarding and use 
of the information. Any DNA typing information obtained will be handled 
as confidential medical information.

Retention and disposal:
    Records are maintained 50 years(pending final approval of this 
reduced retention period by the National Archives and Records 
Administration), and then destroyed by shredding or incineration.
    Statistical data used for research and educational projects are 
destroyed after end of project.
    Military personnel, their civilian family members, or others may 
request early destruction of their individual remains identification 
specimen samples following the conclusion of the donor's complete 
military service or other applicable relationship to DoD. For this 
purpose, complete military service is not limited to active duty 
service; it includes all service as a member of the Selected Reserves, 
Individual Ready Reserve, Standby Reserve or Retired Reserve.
    In the case of DoD civilians and contractor personnel, early 
destruction is allowed when the donor is no longer deployed by DoD in a 
geographic area which requires the maintenance of such samples. Upon 
receipt of such requests, the samples will be destroyed within 180 
days, and notification of the destruction sent to the donor.
    Requests for early destruction may be sent to the Repository 
Administrator, Armed Forces Repository of Specimen Samples for the 
Identification of Remains, Armed Forces Institute of Pathology, 
Washington, DC 20306-6000.

System manager(s) and address:
    Chief Information Officer, Office of the Surgeon General, U.S. Army 
Medical Command, ATTN: MCIM, 2050 Worth Road, Suite 13, Fort Sam 
Houston, TX 78234-6013.

Notification procedure:
    Individuals seeking to determine whether information about 
themselves is contained in this system should address written inquiries 
to the Administrator, Repository and Research Services, ATTN: Armed 
Forces Repository of Specimen Samples for the Identification of 
Remains, Armed Forces Institute of Pathology, Walter Reed Army Medical 
Center, Washington, DC 20306-6000.
    Requesting individual must submit full name, Social Security Number 
and date of birth of military member and branch of military service, if 
applicable, or accession/reference number assigned by the Armed Forces 
Institute of Pathology, if known. For requests made in person, 
identification such as military ID card or valid driver's license is 
required.

Record access procedures:
    Individuals seeking access to information about themselves or 
deceased family members contained in this system should address written 
inquiries to the Administrator, Repository and Research Services, ATTN: 
Armed Forces Repository of Specimen Samples for the Identification of 
Remains, Armed Forces Institute of Pathology, Armed Forces Institute of 
Pathology, Walter Reed Army Medical Center, Washington, DC 20306-6000.
    Requesting individual must submit full name, Social Security Number 
and date of birth of military member and branch of military service, if 
applicable, or accession/reference number assigned by the Armed Forces 
Institute of Pathology, if known.

Contesting record 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:
    Individual, family member, diagnostic test, other available 
administrative or medical records obtained from civilian or military 
sources.

Exemptions claimed for the system:
    None.
[FR Doc. 97-26203 Filed 10-02-97; 8:45 am]
BILLING CODE 5000-04-F