[Federal Register Volume 81, Number 175 (Friday, September 9, 2016)]
[Notices]
[Pages 62482-62484]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-21768]


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DEPARTMENT OF DEFENSE

Department of the Army

[Docket ID: USA-2016-HQ-0032]


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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[[Page 62483]]

SUMMARY: Pursuant to the Privacy Act of 1974, 5 U.S.C. 552a, and Office 
of Management and Budget (OMB) Circular No. A-130, notice is hereby 
given that the Department of the Army proposes to alter a system of 
records, A0001-20 SALL, entitled ``Congressional Inquiry File,'' last 
published at 66 FR 13054, March 2, 2001. The system of records exists 
to respond to inquiries from members of Congress who request 
information from the Department of Defense on behalf of their 
constituents.
    This update reflects considerable administrative changes that in 
sum warrant an alteration to the systems of records notice. The 
applicable DoD Routine Uses have been incorporated in the notice to 
provide clarity for the public. There are also modifications to the 
system location, categories of individuals, categories of records, 
authority, purpose, routine uses, storage, retrievability, safeguards, 
retention and disposal, system managers and address, notification and 
record access procedures, and contesting record procedures to improve 
readability and update the notice to meet current departmental 
standards.

DATES: Comments will be accepted on or before October 11, 2016. This 
proposed action will be effective on the day following the end of the 
comment period unless comments are received which result in a contrary 
determination.

ADDRESSES: You may submit comments, identified by docket number and 
title, by any of the following methods:
    * Federal Rulemaking Portal: http://www.regulations.gov. Follow the 
instructions for submitting comments.
    * Mail: Department of Defense, Office of the Deputy Chief 
Management Officer, Directorate of Oversight and Compliance, 4800 Mark 
Center Drive, Mailbox #24, Alexandria, VA 22350-1700.
    Instructions: All submissions received must include the agency name 
and docket number for this Federal Register document. The general 
policy for comments and other submissions from members of the public is 
to make these submissions available for public viewing on the Internet 
at http://www.regulations.gov as they are received without change, 
including any personal identifiers or contact information.

FOR FURTHER INFORMATION CONTACT: Tracy Rogers, Department of the Army, 
Privacy Office, U.S. Army Records Management and Declassification 
Agency, 7701 Telegraph Road, Casey Building, Suite 144, Alexandria, VA 
22315-3827 or by phone at 703-428-7499.

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 in FURTHER INFORMATION CONTACT or at the Defense 
Privacy, Civil Liberties, and Transparency Division Web site at http://dpcld.defense.gov/. The proposed system report, as required by 5 U.S.C 
552a(r) of the Privacy Act of 1974, as amended, was submitted on August 
19, 2016, to the House Committee on Oversight and Government Reform, 
the Senate Committee on Governmental Affairs, and the Office of 
Management and Budget (OMB) pursuant to paragraph 4 of Appendix I of 
OMB Circular No. A-130, ``Federal Agency Responsibilities for 
Maintaining Records About Individuals,'' revised November 28, 2000 
(December 12, 2000 65 FR 77677).

    Dated: September 6, 2016.
Aaron Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
A0001-20 SALL

System name:
    Congressional Inquiry File (March 2, 2001, 66 FR 13054)

Changes:
* * * * *

System location:
    Delete entry and replace with ``Chief, Congressional Inquiry 
Division, Office of the Chief of the Legislative Liaison, Office of the 
Secretary of the Army, 1600 Army Pentagon, Washington, DC 20310-1600.''

Categories of individuals covered by the system:
    Delete entry and replace with ``Individuals who write to a Member 
of Congress requesting that the Member solicit information from the 
Department of the Army on their behalf.''

Categories of records in the system:
    Delete entry and replace with ``Individual's name and 
correspondence to the Member of Congress, Congressional Member's name, 
date of the Member's correspondence or email to the Army, Department of 
the Army's correspondence in response to the inquiry, inquiry tracking 
number, and relevant supporting documentation.
    Records may include personally identifiable information (PII) as 
volunteered by the individual in correspondence or documentation 
received from the Congressional Member. Such information is not 
requested by or disclosed from the department in administration of 
these records.''

Authority for maintenance of the system:
    Delete entry and replace with ``10 U.S.C. 1034, Protected 
Communications; Prohibition of Retaliatory Personnel Actions; 10 U.S.C. 
3013, Secretary of the Army; DoD Instruction 5400.04, Provision of 
Information to Congress; Army Regulation 1-20, Legislative Liaison.''

Purpose(s):
    Delete entry and replace with ``To conduct necessary research and/
or investigations to provide information responsive to Congressional 
inquiries.''

Routine uses of records maintained in the system, including categories 
of users and the purpose of such uses:
    Delete entry and replace with ``In addition to those disclosures 
generally permitted under 5 U.S.C. 552a(b) of the Privacy Act of 1974, 
as amended, these records contained therein may specifically be 
disclosed outside the DoD as a routine use pursuant to 5 U.S.C. 
552a(b)(3) as follows:
    Congressional Inquiries Disclosure Routine Use: Disclosure from a 
system of records maintained by a DoD Component may be made to a 
congressional office from the record of an individual in response to an 
inquiry from the congressional office made at the request of that 
individual.
    Law Enforcement Routine Use: If a system of records maintained by a 
DoD Component to carry out its functions indicates a violation or 
potential violation of law, whether civil, criminal, or regulatory in 
nature, and whether arising by general statute or by regulation, rule, 
or order issued pursuant thereto, the relevant records in the system of 
records may be referred, as a routine use, to the agency concerned, 
whether federal, state, local, or foreign, charged with the 
responsibility of investigating or prosecuting such violation or 
charged with enforcing or implementing the statute, rule, regulation, 
or order issued pursuant thereto.
    Disclosure to the Department of Justice for Litigation Routine Use: 
A record from a system of records maintained by a DoD Component may be 
disclosed as a routine use to any component of the Department of 
Justice for the purpose of representing the Department of Defense, or 
any officer, employee or member of the Department

[[Page 62484]]

in pending or potential litigation to which the record is pertinent.
    Disclosure of Information to the National Archives and Records 
Administration Routine Use: A record from a system of records 
maintained by a DoD Component may be disclosed as a routine use to the 
National Archives and Records Administration for the purpose of records 
management inspections conducted under authority of 44 U.S.C. 2904 and 
2906.
    Data Breach Remediation Purposes Routine Use: A record from a 
system of records maintained by a Component may be disclosed to 
appropriate agencies, entities, and persons when (1) The Component 
suspects or has confirmed that the security or confidentiality of the 
information in the system of records has been compromised; (2) the 
Component has determined that as a result of the suspected or confirmed 
compromise there is a risk of harm to economic or property interests, 
identity theft or fraud, or harm to the security or integrity of this 
system or other systems or programs (whether maintained by the 
Component or another agency or entity) that rely upon the compromised 
information; and (3) the disclosure made to such agencies, entities, 
and persons is reasonably necessary to assist in connection with the 
Components efforts to respond to the suspected or confirmed compromise 
and prevent, minimize, or remedy such harm.
    The DoD Blanket Routine Uses set forth at the beginning of the 
Army's compilation of systems of records notices may apply to this 
system. The complete list of DoD Blanket Routine Uses can be found 
online at: http://dpcld.defense.gov/Privacy/SORNsIndex/
BlanketRoutineUses.aspx.''

Policies and practices for storing, retrieving, accessing, retaining, 
and disposing of records in the system:
Storage:
    Delete entry and replace with ``Electronic storage media.''

Retrievability:
    Delete entry and replace with ``Individual's full name, date of the 
Congressional Member's correspondence, Congressional Member's name, and 
subject of the inquiry.''

Safeguards:
    Delete entry and replace with ``Records are maintained on a 
password protected network accessible to authorized personnel only. 
Approved users ensure that electronic records used are maintained in 
controlled areas accessible only to authorized personnel. Access to 
electronic files is restricted by use of common access cards (CACs) and 
is accessible only by users with an authorized account. The systems are 
maintained in controlled facilities that employ physical restrictions 
and safeguards such as security guards, identification badges, key 
cards and locks.''

Retention and disposal:
    Delete entry and replace with ``Information on congressional 
inquiries on all matters within the scope and activity of the 
Department of the Army are maintained for two years, then purged from 
the system.''

System manager(s) and address:
    Delete entry and replace with ``Chief, Congressional Inquiry 
Division, Office of the Chief of the Legislative Liaison, Office of the 
Secretary of the Army, 1600 Army Pentagon, Washington, DC 20310-1600.''

Notification procedure:
    Delete entry and replace with ``Individuals seeking to determine if 
information about themselves is contained in this system should address 
written inquiries to the Chief, Congressional Inquiry Division, Office 
of the Chief of the Legislative Liaison, Office of the Secretary of the 
Army, 1600 Army Pentagon, Washington, DC 20310-1600.
    For verification purposes requests should include the individual's 
full name, the Congressional Member's name, and subject of the inquiry.
    In addition, the requester must provide a notarized statement or an 
unsworn declaration made in accordance with 28 U.S.C. 1746, in the 
following format:
    If executed outside the United States: `I declare (or certify, 
verify, or state) under penalty of perjury under the laws of the United 
States of America that the foregoing is true and correct. Executed on 
(date). (Signature).'
    If executed within the United States, its territories, possessions, 
or commonwealths: 'I declare (or certify, verify, or state) under 
penalty of perjury that the foregoing is true and correct. Executed on 
(date). (Signature).' ''

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 Chief, Congressional Inquiry Division, Office 
of the Chief of the Legislative Liaison, Office of the Secretary of the 
Army, 1600 Army Pentagon, Washington, DC 20310-1600.
    For verification purposes requests should include the individual's 
full name, the Congressional Member's name, and subject of the inquiry.
    In addition, the requester must provide a notarized statement or an 
unsworn declaration made in accordance with 28 U.S.C. 1746, in the 
following format:
    If executed outside the United States: `I declare (or certify, 
verify, or state) under penalty of perjury under the laws of the United 
States of America that the foregoing is true and correct. Executed on 
(date). (Signature).'
    If executed within the United States, its territories, possessions, 
or commonwealths: `I declare (or certify, verify, or state) under 
penalty of perjury that the foregoing is true and correct. Executed on 
(date). (Signature).' ''

Contesting record procedures:
    Delete entry and replace with ``The Army's rules for accessing 
records, and for contesting contents and appealing initial agency 
determinations are contained in 32 CFR part 505, Army Privacy Program 
or may be obtained from the system manager.''
* * * * *
[FR Doc. 2016-21768 Filed 9-8-16; 8:45 am]
 BILLING CODE 5001-06-P