[Federal Register Volume 69, Number 184 (Thursday, September 23, 2004)]
[Notices]
[Pages 57005-57008]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-21324]


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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 amend systems of records.

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SUMMARY: The Department of the Army is proposing to amend two systems 
of records notices in its existing inventory of records systems subject 
to the Privacy Act of 1974, (5 U.S.C. 552a), as amended.

DATES: This proposed action will be effective without further notice on 
October 25, 2004 unless comments are received which result in a 
contrary determination.

ADDRESSES: Department of the Army, Freedom of Information/Privacy 
Division, U.S. Army Records

[[Page 57006]]

Management and Declassification Agency, ATTN: AHRC-PDD-FPZ, 7701 
Telegraph Road, Casey Building, Suite 144, Alexandria, VA 22325-3905.

FOR FURTHER INFORMATION CONTACT: Ms. Janice Thornton at (703) 428-6504.

SUPPLEMENTARY INFORMATION: The Department of the Army 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 specific changes to the records systems being amended are set 
forth below followed by the notices, as amended, published in their 
entirety. The proposed amendments are not within the purview of 
subsection (r) of the Privacy Act of 1974, (5 U.S.C. 552a), as amended, 
which requires the submission of a new or altered system report.

    Dated: September 17, 2004.
L.M. Bynum,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
A0025-55 AHRC

System Name:
    Freedom of Information Act Program Files (January 6, 2004, 69 FR 
790).

Changes:
* * * * *

System Manager(s) and Address:
    Delete entry and replace with `Director, U.S. Army Records 
Management and Declassification Agency, Freedom of Information/Privacy 
Division, 7701 Telegraph Road, Casey Building, Suite 144, Alexandria, 
VA 22315-3905.'

Notification Procedure:
    Delete entry and replace with `Individuals seeking to determine if 
information about themselves is contained in this record system should 
address written inquiries to the Director, U.S. Army Records Management 
and Declassification Agency, Freedom of Information/Privacy Division, 
7701 Telegraph Road, Casey Building, Suite 144, Alexandria, VA 22315-
3905.
    For verification purposes, individual should provide enough 
information to permit locating the record.'

Record Access Procedures:
    Delete entry and replace with `Individuals seeking access to 
records about themselves contained in this record system should address 
written inquiries to the Director, U.S. Army Records Management and 
Declassification Agency, Freedom of Information/Privacy Division, 7701 
Telegraph Road, Casey Building, Suite 144, Alexandria, VA 22315-3905.
    For verification purposes, individual should provide enough 
information to permit locating the record.'
* * * * *
A0025-55 AHRC

System Name:
    Freedom of Information Act Program Files.

System Location:
    Headquarters, Department of the Army, staff and field operating 
agencies, major commands, installations and activities receiving 
requests to access records pursuant to the Freedom of Information Act 
or to declassify documents pursuant to E.O. 12958, National Classified 
Security Information, as amended. Official mailing addresses are 
published as an appendix to the Army's compilation of record system 
notices.

Categories of Individuals Covered by the System:
    Any individual who requests an Army record under the Freedom of 
Information Act, or requests mandatory review of a classified document 
pursuant to E.O. 12958, National Classified Security Information, as 
amended.

Categories of Records in the System:
    Individual's request, related papers, correspondence between office 
of receipt and records custodians, Army staff offices and other 
government agencies; retained copies of classified or other exempt 
materials; and other selective documents.

Authority for Maintenance of the System:
    5 U.S.C. 552, Freedom of Information Act, as amended by Pub. L. 93-
502; 5 U.S.C. 301, Departmental Regulations, 10 U.S.C. 3013, Secretary 
of the Army; Army Regulation 25-55, The Department of the Army Freedom 
of Information Act Program; and E.O. 12958, National Classified 
Security Information, as amended.

Purpose(s):
    To control administrative processing of requests for information 
either pursuant to the Freedom of Information Act or to E.O. 12958, 
National Classified Security Information, as amended, including appeals 
from denials.
    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 the 
Army's compilation of systems of records notices also apply to this 
system.
    Policies and practices for storing, retrieving, accessing, 
retaining, and disposing of records in the system:

Storage:
    Paper records in file folders and electronic storage media.

Retrievability:
    By requester's surname.

Safeguards:
    All records are maintained in areas accessible only to authorized 
personnel who have official need in the performance of their assigned 
duties. Automated records are further protected by assignment of users 
identification and password to protect the system from unauthorized 
access. User identification and passwords are changed at random times.

Retention and Disposal:
    Records reflecting granted requests are destroyed after 2 years. 
When requests have been denied, records are retained for 6 years; and 
if appealed, records are retained 6 years after final denial by the 
Army or 3 years after final adjudication by the courts, whichever is 
later.

System Manager(s) and Address:
    Director, U.S. Army Records Management and Declassification Agency, 
Freedom of Information/Privacy Division, 7701 Telegraph Road, Casey 
Building, Suite 144, Alexandria, VA 22315-3905.

Notification Procedure:
    Individuals seeking to determine if information about themselves is 
contained in this record system should address written inquiries to the 
Director, U.S. Army Records Management and Declassification Agency, 
Freedom of Information/Privacy Division, 7701 Telegraph Road, Casey 
Building, Suite 144, Alexandria, VA 22315-3905.
    For verification purposes, individual should provide enough 
information to permit locating the record.

Record Access Procedures:
    Individuals seeking access to records about themselves contained in 
this record system should address written inquiries to the Director, 
U.S. Army Records Management and

[[Page 57007]]

Declassification Agency, Freedom of Information/Privacy Division, 7701 
Telegraph Road, Casey Building, Suite 144, Alexandria, VA 22315--3905.
    For verification purposes, individual should provide enough 
information to permit locating the record.

Contesting Record Procedures:
    The Army's rules for accessing records,and for contesting contents 
and appealing initial agency determinations are published in Army 
Regulation 340-21; 32 CFR part 505; or may be obtained from the system 
manager.

Record Source Categories:
    From the individual, Army organizations, Department of Defense 
components, and other federal, state, and local government agencies.

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 reentered into this FOIA case record, the 
Department of the Army 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 505. For additional information 
contact the system manager.
A0340-21 AHRC

System Name:
    Privacy Case Files (January 6, 2004, 69 FR 790).

Changes:
* * * * *

System Manager(s) and Address:
    Delete entry and replace with `Director, U.S. Army Records 
Management and Declassification Agency, ATTN: Freedom of Information/
Privacy Division, 7701 Telegraph Road, Casey Building, Suite 144, 
Alexandria, VA 22315-3905.'

Notification Procedure:
    Delete entry and replace with `Individuals seeking to determine 
whether information about themselves is contained in this system should 
address written inquiries to the U.S. Army Records Management and 
Declassification Agency, Freedom of Information/Privacy Division, 7701 
Telegraph Road, Casey Building, Suite 144, Alexandria, VA 22315-3905.
    For verification purposes, individual should provide full name, 
date and place of birth, current address and other personal information 
necessary to locate the record.'

Record Access Procedures:
    Delete entry and replace with `Individuals seeking access to 
information about themselves contained in this system should address 
written inquiries to the office that processed the initial inquiry, 
access request, or amendment request.
    Individual may obtain assistance from the U.S. Army Records 
Management and Declassification Agency, Freedom of Information/Privacy 
Division, 7701 Telegraph Road, Casey Building, Suite 144, Alexandria, 
VA 22315-3905.
    For verification purposes, individual should provide full name, 
date and place of birth, current address and other personal information 
necessary to locate the record.'
* * * * *
AO340-21 AHRC

System Name:
    Privacy Case Files.

System Location:
    These records exist at Headquarters, Department of the Army, staff 
and field operating agencies, major commands, installations and 
activities receiving Privacy Act requests. Official mailing addresses 
are published as an appendix to the Army's compilation of systems of 
records notices.
    Records also exist in offices of Access and Amendment Refusal 
Authorities when an individual's request to access and/or amend his/her 
record is denied. Upon appeal of that denial, record is maintained by 
the Department of the Army Privacy Review Board.

Categories of Individuals Covered by the System:
    Individuals who request information concerning themselves which is 
in the custody of the Department of the Army or who request access to 
or amendment of such records in accordance with the Privacy Act of 
1974, as amended.

Categories of Records in the System:
    Documents notifying requesters of the existence of records on them, 
providing or denying access to or amendment of records, acting on 
appeals or denials to provide access or amend records, and providing or 
developing information for use in litigation; Department of the Army 
Privacy Review Board minutes and actions; copies of the requested and 
amended or unamended records; statements of disagreement; and other 
related documents.

Authority for Maintenance of the System:
    5 U.S.C. 552a, the Privacy Act of 1974, as amended; 5 U.S.C. 301, 
Departmental Regulations, 10 U.S.C. 3013, Secretary of the Army; and 
Army Regulation 340-21, The Army Privacy Program.

Purpose(s):
    To process and coordinate individual requests for access and 
amendment of personal records; to process appeals on denials of 
requests for access or amendment to personal records by the data 
subject against agency rulings; and to ensure timely response to 
requesters.
    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 the 
Army's compilation of systems of records notices also apply to this 
system.
    Policies and practices for storing, retrieving, accessing, 
retaining, and disposing of records in the system:

Storage:
    Paper records in file folders and on electronic storage media.

Retrievability:
    By name of requester on whom the records pertain.

Safeguards:
    Records are accessed by custodian of the record system and by 
persons responsible for servicing the record system in performance of 
their official duties. Records are stored in locked cabinets or rooms.

Retention and Disposal:
    Approved requests, denials that were not appealed, denials fully 
overruled by appellate authorities and appeals adjudicated fully in 
favor of requester are destroyed after 4 years. Appeals denied in full 
or in part are destroyed after 10 years, provided legal proceedings are 
completed.

System Manager(s) and Address:
    Director, U.S. Army Records Management and Declassification Agency, 
ATTN: Freedom of Information/Privacy Division, 7701 Telegraph Road, 
Casey Building, Suite 144, Alexandria, VA 22315-3905.

[[Page 57008]]

Notification Procedure:
    Individuals seeking to determine whether information about 
themselves is contained in this system should address written inquiries 
to the U.S. Army Records Management and Declassification Agency, 
Freedom of Information/Privacy Division, 7701 Telegraph Road, Casey 
Building, Suite 144, Alexandria, VA 22315-3905.
    For verification purposes, individual should provide full name, 
date and place of birth, current address and other potential 
information necessary to locate the record.

Record Access Procedures:
    Individuals seeking access to information about themselves 
contained in this system should address written inquiries to the office 
that processed the initial inquiry, access request, or amendment 
request. Individual may obtain assistance from the U.S. Army Records 
Management and Declassification Agency, Freedom of Information/Privacy 
Division, 7701 Telegraph Road, Casey Building, Suite 144, Alexandria, 
VA 22315-3905.
    For verification purposes, individual should provide full name, 
date and place of birth, current address and other personal information 
necessary to locate the record.

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:
    From the individual, Army organizations, Department of Defense 
components, and other Federal, state, and local government agencies.

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, the Department of the Army 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) published in 32 CFR part 505. For additional information 
contact the system manager.

[FR Doc. 04-21324 Filed 9-22-04; 8:45 am]
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