[Federal Register Volume 73, Number 149 (Friday, August 1, 2008)]
[Notices]
[Pages 44974-44976]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-17604]


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DEPARTMENT OF DEFENSE

Department of the Army

[Docket ID: USA-2008-0047]


Privacy Act of 1974; System of Records

AGENCY: Department of the Army, DoD.

ACTION: Notice to amend a system of records.

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SUMMARY: The Department of the Army is amending a system of records 
notice in its existing inventory of record 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 
September 2, 2008, unless comments are received which result in a 
contrary determination.

ADDRESSES: Department of the Army, Freedom of Information/Privacy 
Division, U.S. Army Records Management and Declassification Agency, 
7701 Telegraph Road, Casey Building, Suite 144, Alexandria, VA 22325-
3905.

FOR FURTHER INFORMATION CONTACT: Ms. Vicki Short at (703) 428-6508.

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 record system being amended are set 
forth below followed by the notice, as amended, published in its 
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: July 25, 2008.
Patricia L. Toppings,
OSD Federal Register Liaison Officer, Department of Defense.
A0027-20a DAJA

SYSTEM NAME:
    U.S. Army Claims Service Management Information System (April 4, 
2003, 68 FR 16484).

CHANGES:
* * * * *

RETENTION AND DISPOSAL:
    Delete entry and replace with ``After 6 years, 3 months 
(investigative reports, except those relating to medical malpractice); 
or 10 years (medical malpractice investigative reports, claims 
files).''
* * * * *
A0027-20a DAJA

SYSTEM NAME:
    U.S. Army Claims Service Management Information System.

SYSTEM LOCATION:
    U.S. Army Claims Service, Office of the Judge Advocate General, 
ATTN: JACS-Z, 4411 Llewellyn Avenue, Fort Meade, MD 20755-5360. 
Segments exist

[[Page 44975]]

at subordinate field operating agencies and at Staff Judge Advocate 
Offices at Army installations throughout the world. Official mailing 
addresses are published as an appendix to the Army's compilation of 
systems of records notices.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Individuals, corporations, associations, countries, states, 
territories, political subdivisions presenting a claim against the 
United States.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Name of claimant, claim file number, type of claim presented, 
reports of investigation, witness statements, police reports, 
photographs, diagrams, bills, estimates, expert opinions, medical 
records and similar reports, copy of correspondence with claimant, 
potential claimants, third parties, and insurers of claimants or third 
parties, copies of finance vouchers evidencing payment of claims, and 
similar relevant information.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    10 U.S.C. 3013, Secretary of the Army; 31 U.S.C. 3711, Collection 
and Compromise; Army Regulation 27-20, Claims; and E.O. 9397 (SSN).

PURPOSE(S):
    To develop and preserve all relevant evidence about incidents, 
which generate claims against or in favor of the Army. Evidence 
developed is used as a legal basis to support the settlement of claims. 
Data are also used as a management tool to supervise claims operations 
at subordinate commands worldwide. 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 Internal Revenue Service for tax purposes.
    To the Department of Justice for assistance in deciding disposition 
of claims filed against or in favor of the Government and for 
considering criminal prosecution, civil court action or regulatory 
orders.
    To the U.S. Claims Court and the Court of Appeals for the Federal 
Circuit, to support legal actions, considerations or evidence to 
support proposed legislative or regulatory changes, for budgetary 
purposes, for quality control or assurance type studies, or to support 
action against a third party.
    To Foreign governments for use in settlements of claims under the 
North Atlantic Treaty Organization Status of Forces Agreement or 
similar international agreements.
    To the State governments for use in defending or prosecuting claim 
by the state or its representatives.
    To the Department of Labor, for consideration in determining rights 
under Federal Employees Compensation Act or similar legislation.
    To civilian and Government experts for assistance in evaluating the 
claim.
    To the Office of Management and Budget for preparation of private 
relief bills for presentation to the Congress.
    To Government contractors for use in defending or settling claims 
filed against them, including recovery actions, arising out of the 
performance of a Government contract.
    To Federal and state workmen's compensation agencies for use in 
adjudicating claims.
    To private insurers with a legal interest in the same case.
    To potential joint tort-feasors or their representatives for the 
purpose of prosecuting or defending claims for contribution or 
indemnity.
    Information from this system of records may also be disclosed to 
law students participating in a volunteer legal support program 
approved by the Judge Advocate General of the Army.
    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.

    Note: This system of records contains individually identifiable 
health information. The DoD Health Information Privacy Regulation 
(DoD 6025.18-R) issued pursuant to the Health Insurance Portability 
and Accountability Act of 1996, applies to most such health 
information. DoD 6025.18-R may place additional procedural 
requirements on the uses and disclosures of such information beyond 
those found in the Privacy Act of 1974 or mentioned in this system 
of records notice.

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 last name, Social Security Number, or claim number.

SAFEGUARDS:
    Records are accessible only by authorized personnel who are 
properly instructed in the permissible use of the information, 
buildings housing records are locked after normal business hours.

RETENTION AND DISPOSAL:
    After 6 years, 3 months (investigative reports, except those 
relating to medical malpractice); or 10 years (medical malpractice 
investigative reports, claims files).

SYSTEM MANAGER(S) AND ADDRESS:
    The Judge Advocate General, Headquarters, Department of the Army, 
2200 Army Pentagon, Washington, DC 20310-2200.

NOTIFICATION PROCEDURE:
    Individuals seeking to determine whether information about 
themselves is contained in this record system should address written 
inquiries to the Commander, U.S. Army Claims Service, 4411 Llewellyn 
Avenue, Fort Meade, MD 20755-5360.
    Individual should provide full name, current address and telephone 
number, claim number if known, date and place of incident giving rise 
to the claim, and any other personal identifying data that would assist 
in determining location of the records.

RECORD ACCESS PROCEDURES:
    Individuals seeking access to information about themselves 
contained in this system should address written inquiries to the 
Commander, U.S. Army Claims Service, 4411 Llewellyn Avenue, Fort Meade, 
MD 20755-5360.
    Individual should provide full name, current address and telephone 
number, claim number if known, date and place of incident giving rise 
to the claim, and any other personal identifying data that would assist 
in determining location of the records.

CONTESTING RECORD PROCEDURES:
    The Army's rules for accessing records 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; investigative reports originating in the 
Department of the Army, Federal Bureau of Investigation, and/or 
foreign, state, or local law enforcement agencies; medical treatment 
facilities; Armed Forces Institute of Pathology; relevant records and 
reports in the Department of Defense.

[[Page 44976]]

EXEMPTIONS CLAIMED FOR THE SYSTEM:
    None.

[FR Doc. E8-17604 Filed 7-31-08; 8:45 am]
BILLING CODE 5001-06-P