[Federal Register Volume 67, Number 230 (Friday, November 29, 2002)]
[Notices]
[Pages 71147-71150]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-29817]


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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 Alter Systems of Records.

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SUMMARY: The Office of the Secretary of Defense proposes to alter two 
systems of records notices in its inventory of record systems subject 
to the Privacy Act of 1974 (5 U.S.C. 552a), as amended. The alteration 
consists of adding exemptions to two existing systems of records.

DATES: The changes will be effective on December 30, 2002 unless 
comments are received that would result in a contrary determination.

ADDRESSES: Send comments to OSD Privacy Act Coordinator, Records 
Management Section, Washington Headquarters Services, 1155 Defense 
Pentagon, Washington, DC 20301-1155.

FOR FURTHER INFORMATION CONTACT: Mr. David Bosworth at (703) 601-4728.

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 systems reports, as required by 5 U.S.C. 552a(r) of 
the Privacy Act of 1974, as amended, were submitted on November 13, 
2002, to the House Committee on Government Reform, 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 (February 20, 1996, 61 FR 6427).

    Dated: November 18, 2002.
Patricia L. Toppings,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
DPA DFOI.A 05

System name:
    Freedom of Information Program Case Files (February 22, 1993, 58 FR 
10227).

Changes:
System identifier:
    Delete entry and replace with `DFOISR 05'.

System name:
    Delete entry and replace with `Freedom of Information Act Case 
Files'.
* * * * *

System location:
    Delete entry and replace with `Directorate, Freedom of Information 
and Security Review, Washington Headquarters Services, 1155 Defense 
Pentagon, Washington, DC 20301-1155.'

Categories of individuals covered by the system:
    Delete entry and replace with `All individuals who submit Freedom 
of Information Act (FOIA) requests and administrative appeals to the 
Office of the Secretary of Defense, the Joint Staff, and other 
activities receiving administrative FOIA support from Washington 
Headquarters Services (WHS); individuals whose FOIA requests and/or 
records have been referred by other Federal agencies to the WHS for 
release to the requester; attorneys representing individuals submitting 
such requests and appeals, individuals who are the subjects of such 
requests and appeals, and/or the WHS personnel assigned to handle such 
requests and appeals.'

Categories of records in the system:
    Delete entry and replace with `Records created or compiled in 
response to FOIA requests and administrative appeals, i.e., original 
requests and administrative appeals; responses to such requests and 
administrative appeals; all related memoranda, correspondence, notes, 
and other related or supporting documentation; and copies of requested 
records and records under administrative appeal.'
* * * * *

Purpose(s):
    Delete entry and replace with `Information is being collected and 
maintained for the purpose of processing FOIA requests and 
administrative appeals; for participating in litigation regarding 
agency action on such requests and appeals; and for assisting the 
Department of Defense in carrying out any other responsibilities under 
the FOIA.'
* * * * *

Retrievability:
    Delete entry and replace with `Retrieved by name, subject matter, 
date of document, and request number.'
* * * * *

Retention and disposal:
    Delete entry and replace with `Paper records that are granted are 
destroyed 2 years after the date of reply. Paper records that are 
denied in whole or part, no records responses, responses to requesters 
who do not adequately describe records being sought, do not state a 
willingness to pay fees, and records which are appealed or litigated 
are destroyed 6 years after final action. Electronic records are 
deleted when no longer needed to support Directorate business needs.'
* * * * *

Exemptions claimed for the system:
    Delete entry and replace with `During the course of a FOIA action, 
exempt materials from other systems of records may in turn become part 
of the case records in this system. To the extent that copies of exempt 
records from those `other' systems of records are entered into this 
FOIA case record, Washington Headquarters Services hereby claims the 
same exemptions for the records from those `other' systems that are 
entered into this system, as claimed for the original primary systems 
of records which they are a part.
    An exemption rule for this system has been promulgated in 
accordance with requirements of 5 U.S.C. 553(b)(1), (2), and (3), (c) 
and (e) and published in 32 CFR part 311. For additional information 
contact the system manager.'
* * * * *
DFOISR 05

System name:
    Freedom of Information Act Case Files.

[[Page 71148]]

System location:
    Directorate, Freedom of Information and Security Review, Washington 
Headquarters Services, 1155 Defense Pentagon, Washington, DC 20301-
1155.

Categories of individuals covered by the system:
    All individuals who submit Freedom of Information Act (FOIA) 
requests and administrative appeals to the Office of the Secretary of 
Defense, the Joint Staff, and other activities receiving administrative 
FOIA support from Washington Headquarters Services (WHS); individuals 
whose FOIA requests and/or records have been referred by other Federal 
agencies to the WHS for release to the requester; attorneys 
representing individuals submitting such requests and appeals, 
individuals who are the subjects of such requests and appeals, and/or 
the WHS personnel assigned to handle such requests and appeals.

Categories of records in the system:
    Records created or compiled in response to FOIA requests and 
administrative appeals, i.e., original requests and administrative 
appeals; responses to such requests and administrative appeals; all 
related memoranda, correspondence, notes, and other related or 
supporting documentation; and copies of requested records and records 
under administrative appeal.

Authority for maintenance of the system:
    5 U.S.C. 301, Departmental Regulations and 5 U.S.C. 552, The 
Freedom of Information Act, as amended; and DoD 5400.7-R, DoD Freedom 
of Information Act Program.

Purpose(s):
    Information is being collected and maintained for the purpose of 
processing FOIA requests and administrative appeals; for participating 
in litigation regarding agency action on such requests and appeals; and 
for assisting the Department of Defense in carrying out any other 
responsibilities under the FOIA.
    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:
    The DoD `Blanket Routine Uses' set forth at the beginning of OSD's 
compilation of systems of records notices apply to this system.

Policies and practices for storing, retrieving, accessing, retaining, 
and disposing of records in the system:
Storage:
    Computer magnetic disks, computer database, optical disk, and paper 
records in file folders.

Retrievability:
    Retrieved by name, subject matter, date of document, and request 
number.

Safeguards:
    Paper records are maintained in security containers with access 
only to officials whose access is based on requirements of assigned 
duties. Computer databases are password protected and accessed by 
individuals who have a need-to-know.

Retention and disposal:
    Paper records that are granted are destroyed 2 years after the date 
of reply. Paper records that are denied in whole or part, no records 
responses, responses to requesters who do not adequately describe 
records being sought, or do not state a willingness to pay fees, and 
records which are appealed or litigated are destroyed 6 years after 
final action. Electronic records are deleted when no longer needed to 
support Directorate business needs.

System manager(s) and address:
    Director, Freedom of Information and Security Review, Washington 
Headquarters Services, 1155 Defense Pentagon, Washington, DC 20301-
1155.

Notification procedure:
    Individuals seeking to determine whether information about 
themselves is contained in this system of records should address 
written inquiries to the Director, Freedom of Information and Security 
Review, Washington Headquarters Services, 1155 Defense Pentagon, 
Washington, DC 20301-1155.
    Written requests for information should include the full name of 
the individual.

Record access procedures:
    Individuals seeking access to information about themselves 
contained in this system of records should address written inquiries to 
Director, Freedom of Information and Security Review, Washington 
Headquarters Services, 1155 Defense Pentagon, Washington, DC 20301-
1155.
    Written requests for information should include the full name of 
the individual.
    For personal visits to examine records, the individual should 
provide a form of picture identification, i.e., a driver's license.

Contesting record procedures:
    The OSD 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.

Record source categories:
    Those individuals who submit initial requests and administrative 
appeals pursuant to the FOIA, the agency records searched in the 
process of responding to such requests and appeals; Department of 
Defense personnel assigned to handle such requests and appeals; other 
agencies or entities that have referred to the Department of Defense 
requests concerning Department of Defense records, or that have 
consulted with the Department of Defense regarding the handling of 
particular requests; and submitters of records or information that have 
provided assistance to the Department of Defense in making FOIA access 
determinations.

Exemptions claimed for the system:
    During the course of a FOIA action, exempt materials from other 
systems of records may in turn become part of the case records in this 
system. To the extent that copies of exempt records from those `other' 
systems of records are entered into this FOIA case record, Washington 
Headquarters Services hereby claims the same exemptions for the records 
from those `other' systems that are entered into this system, as 
claimed for the original primary systems of records which they are a 
part.
    An exemption rule for this system has been promulgated in 
accordance with requirements of 5 U.S.C. 553(b)(1), (2), and (3), (c), 
and (e) and published in 32 CFR part 311. For additional information 
contact the system manager.'
DPA DXA.D 10

System name:
    Privacy Act Request for Access Files (February 22, 1993, 58 FR 
10227).

Changes:
System identifier:
    Delete entry and replace with `DFOISR 10'.

System name:
    Delete `Request for Access' and replace with `Case'.
* * * * *

Categories of individuals covered by the system:
    Delete entry and replace with `All individuals who submit Privacy 
Act

[[Page 71149]]

requests and administrative appeals to the Washington Headquarters 
Services (WHS), the Joint Staff, and other activities receiving 
administrative support from WHS; individuals whose requests and/or 
records have been referred by other Federal agencies to WHS for release 
to the requester; attorneys representing individuals submitting such 
requests and appeals, individuals who are the subjects of such requests 
and appeals, and WHS personnel assigned to handle such requests and 
appeals.'

Categories of records in the system:
    Delete entry and replace with `Records created or compiled in 
response to Privacy Act requests and administrative appeals, i.e., 
original requests and administrative appeals; responses to such 
requests and administrative appeals; all related memoranda, 
correspondence, notes, and other related or supporting documentation; 
and copies of requested records and records under administrative 
appeal.'

Purpose(s):
    Delete entry and replace with `Information is being collected and 
maintained for the purpose of processing Privacy Act requests and 
administrative appeals; for participating in litigation regarding 
agency action on such requests and appeals; and for assisting the 
Department of Defense in carrying out any other responsibilities under 
the Privacy Act of 1974.'
* * * * *

Storage:
    Delete current entry and replace with `Computer database, optical 
disk and paper records in file folders.'

Retrievability:
    Delete entry and replace with `Retrieved by name and/or request 
number.'
* * * * *

Retention and disposal:
    Delete entry and replace with `Paper records that are granted are 
destroyed 2 years after the date of reply. Paper records that are 
denied in whole or part, no record responses, responses to requesters 
who do not adequately describe records being sought and records that 
are appealed or litigated are destroyed 6 years after final action. 
Electronic records are deleted when no longer needed to support 
Directorate business needs.'
* * * * *

Exemptions claimed for the system:
    Delete entry and replace with `During the course of a Privacy Act 
(PA) action, exempt materials from other systems of records may become 
part of the case records in this system of records. To the extent that 
copies of exempt records from those `other' systems of records are 
entered into these PA case records, Washington Headquarters Services 
hereby claims the same exemptions for the records as they have in the 
original primary systems of records which they are a part.
    An exemption rule for this system has been promulgated in 
accordance with requirements of 5 U.S.C. 553(b)(1), (2), and (3), (c) 
and (e) and published in 32 CFR part 311. For additional information 
contact the system manager.'
DFOISR 10

System name:
    Privacy Act Case Files.

System location:
    Directorate for Freedom of Information and Security Review, 
Washington Headquarters Services, 1155 Defense Pentagon, Washington, DC 
20301-1155.

Categories of individuals covered by the system:
    All individuals who submit Privacy Act requests and administrative 
appeals to the Washington Headquarters Services (WHS), the Joint Staff, 
and other activities receiving administrative support from WHS; 
individuals whose requests and/or records have been referred by other 
Federal agencies to WHS for release to the requester; attorneys 
representing individuals submitting such requests and appeals, 
individuals who are the subjects of such requests and appeals, and WHS 
personnel assigned to handle such requests and appeals.

Categories of records in the system:
    Records created or compiled in response to Privacy Act requests and 
administrative appeals, i.e., original requests and administrative 
appeals; responses to such requests and administrative appeals; all 
related memoranda, correspondence, notes, and other related or 
supporting documentation; and copies of requested records and records 
under administrative appeal.

Authority for maintenance of the system:
    5 U.S.C. 301, Departmental Regulations; 5 U.S.C. 552a, The Privacy 
Act of 1974, as amended; Administrative Instruction 81, Privacy 
Program; DoD 5400.11-R, Department of Defense Privacy Program; and E.O. 
9397 (SSN).

Purpose(s):
    Information is being collected and maintained for the purpose of 
processing Privacy Act requests and administrative appeals; for 
participating in litigation regarding agency action on such requests 
and appeals; and for assisting the Department of Defense in carrying 
out any other responsibilities under the Privacy Act of 1974

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:
    The DoD `Blanket Routine Uses' set forth at the beginning of OSD's 
compilation of systems of records notices apply to this system.

Policies and practices for storing, retrieving, accessing, retaining, 
and disposing of records in the system:
Storage:
    Computer database, optical disk and paper records in file folders.

Retrievability:
    Filed chronologically by request number and retrieved by name and/
or request number.

Safeguards:
    Records are maintained in security containers with access only to 
officials whose access is based on requirements of assigned duties. 
Computer databases are password protected and accessed by individuals 
who have a need-to-know.

Retention and disposal:
    Paper records that are granted are destroyed 2 years after the date 
of reply. Paper records that are denied in whole or part, no record 
responses, responses to requesters who do not adequately describe 
records being sought and records that are appealed or litigated are 
destroyed 6 years after final action. Electronic records are deleted 
when no longer needed to support Directorate business needs.

System manager(s) and address:
    Director, Freedom of Information and Security Review, Washington 
Headquarters Services, 1155 Defense Pentagon, Washington, DC 20301-
1155.

[[Page 71150]]

Notification procedure:
    Individuals seeking to determine whether information about 
themselves is contained in this system of records should address 
written inquiries to Director, Freedom of Information and Security 
Review, Washington Headquarters Services, 1155 Defense Pentagon, 
Washington, DC 20301-1155.
    Written requests for information should include the full name of 
the individual.

Record access procedures:
    Individuals seeking access to information about themselves in this 
system of records should address written inquiries to Director, Freedom 
of Information and Security Review, Washington Headquarters Services, 
1155 Defense Pentagon, Washington, DC 20301-1155.
    Written requests for information should include the full name of 
the individual.
    For personal visits to examine records, the individual should 
provide a form of picture identification, i.e., a driver's license.

Contesting record procedures:
    The OSD 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.

Record source categories:
    Those individuals who submit initial requests and administrative 
appeals pursuant to the Privacy Act; the agency records searched in the 
process of responding to such requests and appeals; Department of 
Defense personnel assigned to handle such requests and appeals; other 
agencies or entities that have referred to the Department of Defense 
requests concerning Department of Defense records, or that have 
consulted with the Department of Defense regarding the handling of 
particular requests; and submitters or subjects of records or 
information that have provided assistance to the Department of Defense 
in making access or amendment determinations.

Exemptions claimed for the system:
    During the course of a Privacy Act (PA) action, exempt materials 
from other systems of records may become part of the case records in 
this system of records. To the extent that copies of exempt records 
from those `other' systems of records are entered into these PA case 
records, Washington Headquarters Services hereby claims the same 
exemptions for the records as they have in the original primary systems 
of records which they are a part.
    An exemption rule for this system has been promulgated in 
accordance with requirements of 5 U.S.C. 553(b)(1), (2), and (3), (c), 
and (e) and published in 32 CFR part 311. For additional information 
contact the system manager.

[FR Doc. 02-29817 Filed 11-27-02; 8:45 am]
BILLING CODE 5001-08-P