[Federal Register Volume 63, Number 229 (Monday, November 30, 1998)]
[Notices]
[Pages 65760-65761]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-31768]


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DEPARTMENT OF DEFENSE

Office of the Secretary


Privacy Act of 1974; System of Records

AGENCY: Office of the Secretary, DoD.
ACTION: Notice to amend a system of records.

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SUMMARY: The Office of the Secretary of Defense proposes to amend 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.
DATES: The amendment will be effective on December 30, 1998, unless 
comments are received that would result in a contrary determination.
ADDRESSES: Send comments to OSD Privacy Act Coordinator, Records 
Section, Directives and Records Division, Washington Headquarters 
Services, Correspondence and Directives, 1155 Defense Pentagon, 
Washington, DC 20301-1155.
FOR FURTHER INFORMATION CONTACT: Mr. David Bosworth 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 (5 U.S.C. 552a), as amended, which would require 
the submission of a new or altered system report for each system. The 
specific changes to the record system being amended are set forth below 
followed by the notice, as amended, published in its entirety.

    Dated: November 20, 1998.
L. M. Bynum,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
DFMP 26

System name:
    Vietnamese Commando Compensation Files (June 30, 1997, 62 FR 
35158).

Changes
* * * * *

Categories of individuals covered:
    At the end of the paragraph add `and parents and siblings of 
deceased Commandos.'
* * * * *

Authority for maintenance of the system:
    Replace 'Section 657,' with 'Sections 657 and 658,'.
* * * * *

Purpose(s):
    In part (2) of the paragraph, delete 'October 1, 1998' and replace 
with 'November 15, 1998'.
* * * * *
DFMP 26

System name:
    Vietnamese Commando Compensation Files.

System location:
    Commission on Compensation, Office of the Secretary of Defense, 
4000 Defense Pentagon, Washington, DC 20301-4000.

Categories of individuals covered by the system:
    Individuals who are former Vietnamese operatives who either (1) 
participated in OPLAN 34A (or its predecessor) and were captured and 
incarcerated by the Democratic Republic of Vietnam (DRG) as a result of 
such participation, or (2) participated in OPLAN 35, were captured and 
incarcerated by North Vietnam forces as a result of such participation 
in Laos or along Lao-Vietnamese border, remained in captivity after 
1973 (or died in captivity), and have not previously received payment 
from the United States for the period spent in captivity, provided that 
neither claimant has served in the Peoples Army of Vietnam or provided 
active assistance to the Government of the DRG during the period 1958 
through 1975; the surviving spouse of a deceased claimant; the 
surviving children (including natural and adopted) of the deceased 
claimant if there is no surviving spouse; parents of a deceased 
claimant if there is no surviving spouse or children; and siblings of 
the deceased claimant if there is no surviving spouse, children or 
parents of the deceased claimant.

Categories of records in the system:
    System (including documentation) is comprised of (1) names 
(including aliases, former names, or other names used); (2) current 
address; (3) current telephone number(s); (4) United States Social 
Security Number, (if any), United States Immigration and Naturalization 
Service (INS) Identification or similar number(s), (if any), and any 
equivalent social security or identification number(s), (if any), 
issued to applicant by the Democratic Republic of Vietnam, the Republic 
of Vietnam, or the current government of Vietnam; (5) date of birth; 
(6) place of birth; (7) distinguishing marks (fingerprints, scars, 
etc.); (8) family identification, including (a) parents; (b) spouse; 
(c) children; (d) brothers; (e) sisters; (f) others; (9) team name; 
(10) place of insertion; (11) date of launch; (12) dates of captivity; 
(13) name, address, and telephone number of counsel or attorney (if 
any); and (14) required sworn declaration of veracity of above, 
including denial of service with or collaboration with North Vietnam.

Authority for maintenance of the system:
    Pub.L. 104-201, sections 657, as amended by Pub.L. 105-261, 658, 
payments to certain persons captured or interned by North Vietnam.

Purpose(s):
    To be used by officials of the Vietnamese Commandos Compensation 
Commission to (1) verify the identity of claimants; (2) ensure the 
claim has been submitted in a timely manner (on or before November 15, 
1998); (3) adjudicate the claim; (4) establish verified list of 
claimants for disbursing agency and facilitate cash payments to 
claimants; (5) provide a check list for attorney's fees limitation (as 
specified in the law); (6) establish a check list of paid claimants to 
preclude future claims or judicial review; and (7) prepare future 
reports to the Congress.

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 the Department of Justice, Litigation Division, in connection 
with litigation concerning Au Dong Quy et al./Lost Commandos vs. United 
States for the purpose of representing the Department of Defense in 
pending or potential litigation to which the record is pertinent.
    To the Central Intelligence Agency and the Immigration and 
Naturalization Service for the purpose of checking and verifying claim 
information.
    The `Blanket Routine Uses' set forth at the beginning of OSD's 
compilation of systems of records notices apply to this system.

[[Page 65761]]

Policies and practices for storing, retrieving, accessing, retaining, 
and disposing of records in the system:
Storage:
    Hard copy files are maintained in file folders; computer files are 
stored on magnetic tape and disk.

Retrievability:
    Records are retrieved by name, date and place of birth, and/or 
Social Security Number if assigned and voluntarily furnished.

Safeguards:
    Files are maintained under the direct control of office personnel 
in the Commission on Compensation during duty hours. Office is locked 
and alarmed during non-duty hours. Computer access requires log-on and 
password and computer media is stored in a controlled area.

Retention and disposal:
    Records will be maintained until all requirements of Pub.L. 104-201 
are met and until a records disposition is obtained from the National 
Archives and Records Administration.

System manager(s) and address:
    Commission on Compensation, Office of the Secretary of Defense, 
4000 Defense Pentagon, Washington, DC 20301-4000.

Notification procedure:
    Individuals seeking to determine whether information about 
themselves is contained in this system should address written inquiries 
to the Commission on Compensation, Office of the Secretary of Defense, 
4000 Defense Pentagon, Washington, DC 20301-4000.
    Requesters should provide full name and any former names used and 
date and place of birth. If a requester has a Social Security Number 
and desires to furnish it, he or she may do so but failure to provide 
it will not result in the request not being processed.

Record access procedures:
    Individuals seeking access to information about themselves 
contained in this system of records should address written inquiries to 
the Commission on Compensation, Office of the Secretary of Defense, 
4000 Defense Pentagon, Washington, DC 20301-4000.
    Requesters should provide full name and any former names used and 
date and place of birth. If a requester has a Social Security Number 
and desires to furnish it, he or she may do so but failure to provide 
it will not result in the request not being processed.

Contesting record procedures:
    The OSD's rules for accessing records, for contesting contents and 
appealing initial agency determinations are contained in OSD 
Administrative Instruction No. 81; 32 CFR part 311; or may be obtained 
from the system manager.

Record source categories:
    Information is received from claimants, their survivors, their 
attorneys and other authorized representatives; third party 
individuals; the Department of Defense; and Government intelligence 
agencies; the Immigration and Naturalization Service; and from the 
National Archives and Records Administration.

Exemptions claimed for the system:
    Information specifically authorized to be classified under E.O. 
12958, as implemented by DoD 5200.1-R, may be exempt pursuant to 5 
U.S.C. 552a(k)(1).
    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 311. For additional information 
contact the system manager.
[FR Doc. 98-31768 Filed 11-27-98; 8:45 am]
BILLING CODE 5000-04-F