[Privacy Act Issuances (2003)]
[From the U.S. Government Publishing Office, www.gpo.gov]
ARMED FORCES RETIREMENT HOME
AFRH--1
System name: Armed Forces Retirement Home Resident Fee
Maintenance System.
System location:
U.S. Soldiers' and Airmen's Home, Fiscal Division, Resource
Management Directorate, 3700 North Capitol Street, NW, Washington, DC
20317-0002.
Categories of individuals covered by the system:
Residents of the Armed Forces Retirement Home.
Categories of records in the system:
This system contains information relating to the residents of the
Armed Forces Retirement Home, their Federal income sources, and gross
monthly entitlement/s. (Name, SSN, address, source/s of Federal
payment, gross amounts of payments, Resident Fee amount, payment
history).
Authority for maintenance of the system:
Title 24 U.S.C. 401-441, Armed Forces Retirement Home Act of
1991.
Purpose(s):
The purpose of the system of records is to provide a single
central facility within the AFRH to maintain the Federal income
sources of each resident for the purpose of billing, maintenance and
collection of the monthly Resident Fee. All records in the system are
subject to use in authorized approved computer matching programs as
regulated by the Privacy Act of 1974, (5 U.S.C. 552a) as amended.
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses:
Records in this system of records may be disclosed as indicated
below:
1. To the Defense Manpower Data Center, Department of Defense,
for the verification of retired or retainer benefit pay of the
subjects of record.
2. To the Social Security Administration for the verification of
benefit payments of the subjects of record.
3. To the Department of Veterans Affairs for the verification of
veterans compensation or pension benefits of the subjects of record.
4. To the Office of Personnel Management for the verification of
annuity benefits of the subjects of record.
5. To any other Federal agency for verification of Federal
payments of subjects of record.
6. To the Inspector General of Department of Defense or his/her
designee, while conducting inspections of the records of the AFRH.
7. To a Congressional office in response to an inquiry from that
office made at the request of, or about, a subject of a record.
8. To a Federal agency, or an organization or person contracting
with the AFRH for information needed in the performance of official
duties related to reconciling or reconstructing data files, compiling
descriptive statistics, and/or making analytical or financial studies
to support the function for which the records were collected and
maintained.
9. To a Federal agency, a court, or a party in litigation before
a court, or in an administrative proceeding being conducted by a
Federal agency, when the Government is a party to the judicial or
administrative proceeding.
Policies and practices of storing, retrieving, safeguarding,
retaining and disposing of records in the system:
Storage:
Records are maintained in a computerized electronic database,
magnetic tape, computer printouts, and on cards.
Retrievability:
These records are retrieved by the Social Security Number or name
of the individual.
Safeguards:
Records are maintained in a secured area with access limited to
authorized personnel. Confidential passwords are required for access
to automated records.
Retention and disposal:
Records are retained for 3 years. Manual records are destroyed by
shredding. Tapes and diskettes are erased.
System manager(s) and address:
Budget Officer, Fiscal Division/Resource Management Directorate,
U.S. Soldiers' and Airmen's Home, 3700 North Capitol Street, NW,
Washington, DC 20317-0002.
Notification procedure:
Individuals wishing to inquire whether the system of records
contains information about themselves should contact the System
Manager. Written requests should include full name and Social
Security Number, and be signed by the requesting individual. For
personal visits, the requesting individual must provide acceptable
identification, e.g. USSAH or USNH Identification Card, U.S.
Uniformed Services Identification Card, driver's license, etc.
Record access procedure:
Individuals wishing to request access to records about themselves
should contact the System Manager. Written requests should include
full name and Social Security Number, and be signed by the requesting
individual. For personal visits, the requesting individual must
provide acceptable identification, e.g., USSAH or USNH Identification
Card, U.S. Uniformed Services Identification Card, driver's license,
etc.
Contesting record procedure:
Individuals seeking to amend their records should contact the
System Manager. Written requests should include full name and Social
Security Number, and be signed by the requesting individual. For
personal visits, the requesting individual must provide acceptable
identification, e.g., USSAH or USNH Identification Card, U.S.
Uniformed Services Identification Card, driver's license, etc.
Record source categories:
Information in this system comes from the individual to whom it
applies or the next of kin, relative, power of attorney, conservator
and/or guardian acting on behalf of the individual. Verification of
income is necessary and is made through the Defense Manpower Data
Center, Social Security Administration, Department of Veterans
Affairs, and the Office of Personnel Management.
AMED FORCES RETIREMENT HOME
ARMED FORCES RETIREMENT HOME
5 CFR PART 2100--ARMED FORCES RETIREMENT HOME PRIVACY ACT PROCEDURES
Sec.
2100.1 Purpose.
2100.2 Definitions.
2100.3 Procedure for requesting information.
2100.4 Requirements for identification.
2100.5 Access by individuals.
2100.6 Schedule of fees.
2100.7 Request for correction or amendment.
2100.8 Review of request for amendment.
2100.9 Appeal of denial to grant access or to amend records.
2100.10 Conditions of disclosure and accounting of certain disclosures.
2100.11 Penalties.
2100.12 Accounting of disclosure.
2100.13 Specific exemptions.
Authority: Pub. L. 93-579, 88 Stat. 1896, 5 U.S.C. 552a(f).
Source: 59 FR 30669, June 15, 1994, unless otherwise noted.
Sec. 2100.1 Purpose.
Pursuant to the requirements of the Privacy Act of 1974, 5 U.S.C.
552a, as amended, the following rules of procedures are established with
respect to access and amendment of records maintained on the individual
subjects of these records by the Armed Forces Retirement Home, which
includes the continuing care retirement communities of the U.S.
Soldiers' and Airmen's Home and the U.S. Naval Home. These rules do not
apply to civilian employees' records maintained by the individual
facilities which are covered by the Office of Personnel Management
systems of records.
Sec. 2100.2 Definitions.
(a) All terms used in this part which are defined in 5 U.S.C. 552a, as
amended, shall have the same meaning herein.
(b) Agency, as used in this part, means the Armed Forces Retirement
Home (AFRH).
(c) Facility or facilities refers to the continuing care retirement
communities of the U.S. Soldiers' and Airmen's Home (USSAH) and the U.S.
Naval Home (USNH), which are incorporated within the Armed Forces
Retirement Home (AFRH).
(d) Access means providing a copy of a record to, or allowing review
of the original record by, the individual or the individual's authorized
representative, legal guardian or conservator.
Sec. 2100.3 Procedure for requesting information.
Individuals shall submit written inquiries regarding all AFRH records
to the appropriate facility at the following addresses: Associate
Director, Resource Management, U.S. Soldiers' and Airmen's Home, 3700 N.
Capitol Street, NW., Washington, DC 20317-0002; or, Administrative
Services, U.S. Naval Home, 1800 Beach Drive, Gulfport, Mississippi
39507-1597. All personal (walk-in) requests will require some form of
common identification.
Sec. 2100.4 Requirements for identification.
Only upon proper identification will any individual be granted access
to records which pertain to him/her. Identification is required both for
accurate record identification and to avoid disclosing records to
unauthorized individuals. Individuals must provide their full name and
as much information as possible in order that a proper search for
records can be accomplished. Requests made by mail shall be signed by
the individual requesting his/her records. Inclusion of a telephone
number for the requester is recommended to expedite certain matters.
Requesters applying in person must provide an identification with
photograph, such as a driver's license, military or annuitant
identification card, or any official document as acceptable
identification validation. Personal requests can only be accepted on
regularly scheduled workdays (Monday through Friday, excluding Federal
holidays) between the hours of 7:30 a.m. and 3:30 p.m.
Sec. 2100.5 Access by individuals.
(a) No individual will be allowed access to any information compiled
or maintained in reasonable anticipation of civil actions or
proceedings, or otherwise exempt under Sec. 2100.12. Requests for
pending investigations will be denied and the requester instructed to
forward another request giving adequate time for the investigation to be
completed. Requesters shall be provided the telephone number so they can
call and check on the status in order to know when to resubmit the
request.
(b) Any individual may authorize the facility to provide a copy of
his/her records to a third party. This authorization must be in writing
and shall be provided to the facility with the initial request.
(c) Access to records may be authorized to the legal guardian or
conservator acting on behalf of an individual who has been declared to
be incompetent due to physical or mental incapacity or age by a court of
competent jurisdiction.
(d) When an individual requesting access to his/her record wishes to
be accompanied by another individual during the course of the
examination of the record, the individual making the request shall
submit to the official having operational control of the record, a
signed statement authorizing that person access to the record.
(e) If medical records are requested and a USSAH or USNH practitioner
believes that access to the records by the subject could harm that
person's mental or physical health, the requester will be asked to name
a practitioner to receive the records. If this requirement poses a
hardship on the individual, he/she will be offered the service of an
USSAH or USNH practitioner other than the one who provided treatment. If
the individual refuses to name a recipient, the record will not be
released.
Sec. 2100.6 Schedule of fees.
(a) Individuals will not be charged for:
(1) The search and review of the record.
(2) Copies of the record produced as a necessary part of the process
of making the record available for access; or,
(3) Copies of the requested record when it has been determined that
access can only be accomplished by providing a copy of the record
through the mail.
(b) Waiver. The official having operational control at the appropriate
facility may at no charge, provide copies of a record if it is
determined the production of the copies is in the interest of the
Government.
(c) Fee Schedule and method of payment. With the exception of
paragraphs (a) and (b) of this section, fees will be charged as
indicated below:
(1) Records will be duplicated at a rate of $.10 per page for all
copying of 5 pages or more. There is no charge for duplication of 4 or
fewer pages.
(2) Where it is anticipated that the fees chargeable under this
section will amount to more than $30.00, the requester shall be promptly
notified of the amount of the anticipated fee or such portion thereof as
can readily be estimated. In instances where the estimated fees will
exceed $30.00, an advance deposit may be required. The notice or request
for advance deposit shall extend an offer to the requester in order to
reformulate the request in a manner which will reduce the fees, yet
still meet the needs of the requester.
(3) Fees should be paid in full prior to issuance of requested copies.
In the event the requester is in arrears for previous requested copies,
no subsequent request will be processed until the arrears have been paid
in full.
(4) Remittances shall be in the form either of a personal check, bank
draft drawn on a bank in the United States, or a postal money order.
Remittances shall be made payable to the facility to which the request
is being made, and mailed or delivered to the appropriate facility (see
Sec. 2100.3 of this part).
(5) A receipt for fees paid will be given upon request.
Sec. 2100.7 Request for correction or amendment.
(a) Requests to correct or amend a file shall be addressed to the
system manager in which the file is located. The request must reasonably
describe the record to be amended, the items to be changed as
specifically as possible, the type of amendment (e.g., deletion,
correction, amendment), and the reason for the amendment. The request
should also include the reasons why the requester believes the record is
not accurate, relevant, timely, or complete. The burden of proof will be
upon the individual to furnish sufficient facts to persuade the change
of the record of the inaccuracy, irrelevancy, timeliness, or
incompleteness of the record. Normally all documents submitted, to
include court orders, shall be certified. Amendments under this part are
limited to correcting factual matters and not matters of official
judgement or opinions.
(b) Requirements of identification as outlined in Sec. 2100.4 apply to
requests to correct or amend a file.
(c) Incomplete requests shall not be honored, but the requester shall
be contacted for the additional information needed to process the
request.
(d) The amendment process is not intended to permit the alteration of
evidence presented in the course of judicial or quasi-judicial
proceedings. Any amendments or changes to these records normally are
made through the specific procedures established for the amendment of
such records.
(e) When records sought to be amended are actually covered by another
issuance, the administrative procedures under that issuance must be
exhausted before using the procedures under the Privacy Act.
Sec. 2100.8 Review of request for amendment.
(a) A written acknowledgement of the receipt of a request for
amendment of a record will be provided to the requester within 10
working days, unless final action regarding approval or denial will
constitute acknowledgment.
(b) Where there is a determination to grant all or a portion of a
request to amend a record, the record shall be promptly amended and the
requesting individual notified. Individuals, agencies or components
shown by disclosure accounting records to have received copies of the
record, or to whom disclosure has been made, will be notified of the
amendment by the system manager in which the file is located.
(c) Where there is a determination to deny all or a portion of a
request to amend a record, a designated official will promptly advise
the requesting individual of the specifics of the refusal and the
reasons; and inform the individual that he/she may request a review of
the denial(s).
Sec. 2100.9 Appeal of denial to grant access or to amend records.
(a) All appeals of denial to grant access or to amend records should
be addressed to the appropriate facility at the following addresses:
Associate Director, Resource Management, U.S. Soldiers' and Airmen's
Home, 3700 N. Capitol Street, NW., Washington, DC 20317-0002; or,
Administrative Services, U.S. Naval Home, 1800 Beach Drive, Gulfport,
Mississippi 39507-1597. The appeal should be concise and should specify
the reasons the requester believes that the initial action was not
satisfactory. If an appeal is denied, the designated official will
notify the requester of the reason for denial and of the right to
judicial review pursuant to 5 U.S.C. 552a(g). If an initial denial of a
request to amend records is upheld, the requestor will also be advised
of his or her right to file a statement of dispute disagreeing with the
denial and such statement will be provided to all future users of the
file.
(b) If the designated official decides to amend the record, the
requester and all previous recipients of the disputed information will
be notified of the amendment. If the appeal is denied, the designated
official will notify the requester of the reason of the denial, of the
requester's right to file a statement of dispute disagreeing with the
denial, that such statement of dispute will be retained in the file,
that the statement will be provided to all future users of the file, and
that the requester may file suit in a Federal district court to contest
the decision not to amend the record.
(c) The designated official will respond to all appeals within 30
working days or will notify the requester of an estimated date of
completion if the 30 day limit cannot be met.
Sec. 2100.10 Conditions of disclosure and accounting of certain
disclosures.
No record containing personally identifiable information within an
AFRH system of records shall be disclosed by any means to any person or
agency outside the AFRH, except by written request or prior written
consent of the individual subject of the record, or as provided for in
the Privacy Act of 1974, as amended, unless when such disclosure is:
(a) To those officers and employees of the agency which maintains the
record and who have a need for the record in the performance of their
duties;
(b) Required under 5 U.S.C. 552;
(c) For a routine use of the record compatible with the purpose for
which it was collected;
(d) To the Bureau of the Census for purposes of planning or carrying
out a census or survey or related activity pursuant to 13 U.S.C.;
(e) To a recipient who has provided the AFRH with advance adequate
written assurance that the record will be used solely as a statistical
research or reporting record, and the record is to be transferred in a
form that is not individually identifiable;
(f) To the National Archives of the United States as a record which
has sufficient historical or other value to warrant its continued
preservation by the U.S. Government or for evaluation by the Archivist
of the United States, or his/her designee, to determine whether the
record has such value;
(g) To another agency or to an instrumentality of any governmental
jurisdiction within or under the control of the United States for a
civil or criminal law enforcement activity if the activity is authorized
by law, and if the head of the agency or instrumentality, has made a
written request to the agency which maintains the record specifying the
particular portion desired and the law enforcement activity for which
the record is sought;
(h) To a person pursuant to a showing of compelling circumstances
affecting the health or safety of an individual if upon such disclosure
notification is transmitted to the last known address of such
individual;
(i) To either House of Congress, or, to the extent of matter within
its jurisdiction, any committee or subcommittee thereof, any joint
committee of Congress or subcommittee of any such joint committee;
(j) To the Comptroller General, or any authorized representatives, in
the course of the performance of the duties of the General Accounting
Office;
(k) Pursuant to the order of a court of competent jurisdiction; or
(l) To a consumer reporting agency in accordance with 31 U.S.C.
3711(f).
Sec. 2100.11 Penalties.
(a) An individual may bring a civil action against the AFRH to correct
or amend the record, or where there is a refusal to comply with an
individual request or failure to maintain any record with accuracy,
relevance, timeliness and completeness, so as to guarantee fairness, or
failure to comply with any other provision of the Privacy Act. The court
may order correction or amendment of records. The court may enjoin the
AFRH from withholding the records and order the production of the
record.
(b) Where it is determined that the action was willful or intentional
with respect to 5 U.S.C. 552a(g)(1)(C) or (D), the United States may be
liable for the actual damages sustained.
(c) Criminal penalties may be imposed against an officer or employee
of the USSAH or USNH who discloses material, which he/she knows is
prohibited from disclosure, or who willfully maintains a system of
records without compliance with the notice requirements.
(d) Criminal penalties may be imposed against any person who knowingly
and willfully requests or obtains any record concerning another
individual from an agency under false pretenses.
(e) All of these offenses are misdemeanors with a fine not to exceed
$5,000.
Sec. 2100.12 Accounting of disclosure.
(a) The AFRH or agency will maintain a record of disclosures in cases
where records about the individual are disclosed from a system of
records except--
(1) When the disclosure is made pursuant to the Freedom of Information
Act, 5 U.S.C. 552, as amended; or
(2) When the disclosure is made to those officers and employees of the
AFRH who have a need for the record in the performance of their duties.
(b) This accounting of the disclosures will be retained for a least 5
years or for the life of the record, whichever is longer, and will
contain the following information:
(1) A brief description of the record disclosed;
(2) The date, nature, and purpose for the disclosure; and,
(3) The name and address of the person, agency, or other entity to
whom the disclosure is made.
(c) Except for the accounting of disclosure made to agencies,
individuals, or entities in law enforcement activities or disclosures
made from the AFRH exempt systems of records, the accounting of
disclosures will be made available to the data subject upon request in
accordance with the access procedures of this part.
Sec. 2100.13 Specific exemptions.
Subsection (k) of 5 U.S.C. 552a authorizes the AFRH to adopt rules
designating eligible system of records as exempt from certain
requirements of 5 U.S.C. 552a. To be eligible for a specific exemption
under the authority of 5 U.S.C. 552a(k), the pertinent records within a
designated system must contain one or more of the following:
(a) Investigative records compiled for law enforcement purposes. If
this information has been used to deny someone a right however, the AFRH
must release it unless doing so would reveal the identify of a
confidential source ((k)(2) exemption).
(b) Records used only for statistical, research, or other evaluation
purposes, and which are not used to make decisions on the rights,
benefits, or privileges of individuals, except as permitted by 13 U.S.C.
8 (Use of census data) ((k)(4) exemption).
(c) Data compiled to determine suitability, eligibility, or
qualifications for Federal service, Federal contracts, or access to
classified information. This information may be withheld only if
disclosure would reveal the identity of a confidential source ((k)(5)
exemption).
(d) Test or examination material used solely to determine individual
qualifications for appointment or promotion in the Federal service, the
disclosure of which would compromise the objectivity or fairness of the
testing or examination process ((k)(6) exemption).