[Federal Register Volume 61, Number 139 (Thursday, July 18, 1996)]
[Notices]
[Pages 37447-37451]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-18182]
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DEPARTMENT OF DEFENSE
Privacy Act of 1974; Notice to Delete and Amend Record Systems
AGENCY: Office of the Secretary, DOD.
ACTION: Notice to delete and amend record systems.
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SUMMARY: The Office of the Secretary of Defense proposes to delete one
and amend three systems of records notices in its inventory of record
systems subject to the Privacy Act of 1974 (5 U.S.C. 552a), as amended.
DATES: The deletion is effective July 18, 1996. The amendments will be
effective on August 19, 1996, unless comments are received that would
result in a contrary determination.
ADDRESSES: Send comments to Chief, Records Management and Privacy Act
Branch, Washington Headquarter Services, Correspondence and Directives,
Records Management Division, 1155 Defense Pentagon, Washington, DC
20301091155.
FOR FURTHER INFORMATION CONTACT: Mr. Dan Cragg at (703) 695090970 or
DSN 225090970.
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 amendments are not within the purview of subsection
(r) of the Privacy Act (5 U.S.C. 552a), as amended, which would require
the submission of a new or altered system report for each system. The
specific changes to the record systems being amended are set forth
below followed by the notices, as amended, published in their entirety.
Dated: July 11, 1996.
Patricia L. Toppings,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
DELETION
DODDS 17
System name:
Teacher Back Pay Project (February 22, 1993, 58 FR 10244).
Reason: The Back Pay Project has been completed, therefore the
system is being deleted. The records have been subsumed in the
individuals' official personnel folders which are maintained in system
of records OPM/GOVT-1.
AMENDMENTS
DGC 04
System name:
Personnel Security Clearance Adjudication Files (November 1, 1995,
60 FR 55547).
CHANGES:
* * * * *
System location:
Delete the second paragraph and replace with 'Defense Office of
Hearings and Appeals, Western Hearing Office, Second Floor, Building A,
21820 Burbank Boulevard, Suite 250, Woodland Hills, CA 91367096484.'
Insert the following as the third paragraph 'Defense Office of
Hearings and Appeals, Western Department Counsel, Second Floor,
Building A, 21820 Burbank Boulevard, Suite 235, Woodland Hills, CA
91367096484.'
Insert new fifth paragraph 'Defense Office of Hearings and Appeals,
Boston Hearing Office, Room D-017A, Kansas Street, Natick, MA
01760095055.'
* * * * *
DGC 04
System name:
Personnel Security Clearance Adjudication Files.
System Location:
Defense Office of Hearings and Appeals, Defense Legal Services
Agency, Department of Defense, 4015 Wilson Boulevard, Suite 300,
Arlington, VA 22203091995;
Defense Office of Hearings and Appeals, Western Hearing Office,
Second Floor, Building A, 21820 Burbank Boulevard, Suite 250, Woodland
Hills, CA 91367096484; and
Defense Office of Hearings and Appeals, Western Department Counsel,
Second Floor, Building A, 21820 Burbank Boulevard, Suite 235, Woodland
Hills, CA 91367096484.
Decentralized inactive segments are held at the Washington National
Records Center, and at the U.S. Army Investigative Records Depository,
Fort Meade, MD 20755. Automated Joint Adjudicative Clearance System
records are maintained on a system V50902, Defense Central Index of
Investigations, at Defense Investigative Service, Personnel
Investigations Center, Baltimore, MD, with access by computer terminals
at Defense Office of Hearings and Appeals locations.
Defense Office of Hearing and Appeals, Boston Hearing Office, Room
D-017A, Kansas Street, Natick, MA 01760095055.
Categories of individuals covered by the system:
Current and former Federal Government, contractor, state and local
government employees, military personnel, and other persons whose
security clearance or trustworthiness cases are referred to the Defense
Office of Hearings and Appeals.
Categories of records in the system:
System includes automated case status records for current cases and
inactive cases, an alphabetical card index file for records of cases
prior to 1984 used for recording actions taken and for identification
and location of case files within the system, and individual case
files.
Case files include requests for investigation, clearance, and
adjudication; general correspondence relating to cases; personnel
security questionnaires; investigative reports
[[Page 37448]]
prepared by various investigative agencies, which may include
information obtained from interviews, court documents, law enforcement
records, business records, and other sources; medical and psychiatric
records and evaluations; adjudicator's case summaries; Defense
Industrial Security Clearance Office (DISCO) referral recommendations;
correspondence between or concerning applicants for clearance and
Defense Office of Hearings and Appeals (DOHA) elements, DISCO, medical
facilities, DoD Psychiatric Consultants, investigative agencies,
Military Departments, other DoD Components and Federal agencies,
Personnel Security Specialists, Department Counsel, Administrative
Judges, Appeal Board, and elements of the Office of the Secretary of
Defense and Defense Investigative Service; written interrogatories and
Statements of Reasons (SIR) to applicants, with replies, pleadings or
correspondence filed and served on all parties, recommendations,
summaries, and records of adjudicative actions; transcripts of
hearings; exhibits admitted into evidence; decisions of Administrative
Judges and Appeal Boards; and such other matter as may be included in
the record.
Authority for maintenance of the system:
10 U.S.C. 140; 31 U.S.C. 1535; Executive Orders 10865, as amended,
10450, as amended, 12829, 9397, and 12698.
Purpose(s):
These records are collected and maintained to determine whether the
granting or retention of a security clearance to or affirmative
trustworthiness decision for an individual is clearly consistent with
the national interest; to record adjudicative actions and
determinations; to record processing steps taken and processing time;
to prepare statistical listings and summaries; to document due process
actions taken; to assist authorized DoD Consulting Psychiatrists to
compile evaluations and reports; to respond to inquiries from within
the executive and legislative branches when the inquiry is made at the
request of the individual or for official purposes; to monitor and
control adjudicative actions and processes.
Automated case status system and card files are used to record
statistics, provide location and status and internal identification of
cases, to prepare listings and statistical reports and summaries, and
to monitor work flow and actions.
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:
Case files referred by Federal Emergency Management Agency (FEMA)
for adjudication by DOHA are provided to FEMA when action is completed,
along with recommended clearance decisions.
The `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:
Paper records are maintained in file folders, and on file cards;
electronic records are stored on magnetic or optical media; certain
automated records are maintained on magnetic tapes and disks at Defense
Investigative Service, Personnel Investigations Center, Baltimore, MD.
Retrievability:
Filed alphabetically by name, or by case number. Access to computer
data may be made by name and Social Security Number and a combination
of name and other personal identifying data.
Safeguards:
Records are stored in a secure area accessible only to DOHA
authorized personnel. Except for a small number of records that are
classified and need to be safeguarded as classified materials, all
other records are stored, processed, transmitted and protected as the
equivalent of For Official Use Only information. Records are accessed
by the custodian of the record system and by persons responsible for
servicing the system, who are properly screened and have a need-to-
know. Computer hardware is located in controlled areas with access
limited to authorized personnel. Computer access is via dedicated data
circuits with password control. Individual passwords are changed
periodically and upon departure of personnel. The dedicated data
feature prevents access from standard dial-up telephones. Automated
systems are operated by DOHA and by the Defense Investigative Service,
Personnel Investigations Center, Information Systems Division. Only
DOHA personnel are given the security level on the computer system
needed to amend, add, alter, change or delete DOHA records. Other
authorized contributors and users of the Defense Central Index of
Investigations have read-only access to DOHA case status records in the
system.
Retention and disposal:
Completed case files are returned to non-DoD agencies and are
subject to records retention schedules of the owning agency after
completion of DOHA action. Case files for military and DoD civilian
personnel security clearance cases will be returned to the appropriate
DoD Component after DOHA completes its processing of those cases.
Copies of case summaries and recommended adjudication decisions and
ancillary documents for all cases are retained for internal reference
purposes by DOHA personnel. Industrial security and trustworthiness
cases are retained at DOHA for two years after annual cut-offs, then
are retired for twenty years at the Washington National Records Center
and then destroyed.
Inactive Department of Defense case files prior to 1982 are
maintained at the U.S. Army Investigative Records Repository, Ft.
Meade, MD 20755. Automated case tracking records and alphabetical card
index files are retained as locator for active and inactive cases and
for statistical purposes.
System manager(s) and address:
Director, Defense Office of Hearings and Appeals, PO Box 3656,
Arlington, VA 22203091995.
Notification procedure:
Individuals seeking to determine whether information about
themselves is contained in this system should address written inquiries
to the Director, Defense Office of Hearings and Appeals, PO Box 3656,
Arlington, VA 22203091995.
Individual should provide their full name and Social Security
Number.
Record access procedures:
Individuals seeking access to information about themselves
contained in this system of records should address written requests to
the Director, Defense Office of Hearings and Appeals, PO Box 3656,
Arlington, VA 22203-1995.
Individuals should provide their full name, and any former names
used, date and place of birth, Social Security Number.
Requests must be signed and notarized or, if the individual does
not
[[Page 37449]]
have access to notary services, preceded by a signed and dated
declaration verifying the identity of the requester, in substantially
the following form: `I certify that the information provided by me is
true, complete, and accurate to the best of my knowledge and belief and
this request is made in good faith. I understand that a knowing and
willful false, fictitious or fraudulent statement or representation can
be punished by fine or imprisonment or both.' (Signature).
Some records may be made available for review at DOHA Headquarters,
upon appointment made with Director. Individual must present picture
identification, such as a valid driver's license.
Contesting record procedures:
The OSD's rules for accessing records, for contesting contents and
appealing initial agency determinations are published in OSD
Administrative Instruction No. 81; 32 CFR part 311; or may be obtained
from the system manager.
Record source categories:
Information is received from investigative reports from Federal
investigative agencies; personnel security records and correspondence;
medical and personnel records, reports and evaluations; correspondence
from contractors, employers, organizations of assignment and Federal
agencies, DoD organizations, agencies and offices; from individuals,
their attorneys or authorized representatives; from witnesses at
hearings or documentary evidence made part of the hearing record.
Exemptions claimed for the system:
Parts of this record system may be exempt under 5 U.S.C.
552a(k)(5), as applicable.
An exemption rule for this record system has been promulgated
according to the 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.
DGC 17
System name:
Hearings and Appeals Case Files (November 1, 1995, 60 FR 55548).
CHANGES:
* * * * *
System location:
Delete the second paragraph and replace with 'Defense Office of
Hearings and Appeals, Western Hearing Office, Second Floor, Building A,
21820 Burbank Boulevard, Suite 250, Woodland Hills, CA 91367096484.'
Delete the third paragraph and replace with 'Defense Office of
Hearings and Appeals, Western Department Counsel, Second Floor,
Building A, 21820 Burbank Boulevard, Suite 235, Woodland Hills, CA
91367096484.'
Delete the fourth paragraph, and replace the fifth paragraph with
'Defense Office of Hearings and Appeals, Boston Hearing Office, Room D-
017A, Kansas Street, Natick, MA 01760095055.'
* * * * *
DGC 17
System name:
Hearings and Appeals Case Files.
System Location:
Defense Office of Hearings and Appeals, Defense Legal Services
Agency, Department of Defense, 4015 Wilson Boulevard, Suite 300,
Arlington, VA 22203091995;
Defense Office of Hearings and Appeals, Western Hearing Office,
Second Floor, Building A, 21820 Burbank Boulevard, Suite 250, Woodland
Hills, CA 91367096484;
Defense Office of Hearings and Appeals, Western DepartmentCounsel,
Second Floor, Building A, 21820 Burbank Boulevard, Suite235, Woodland
Hills, CA 91367-6484; and
Defense Office of Hearings and Appeals, Boston Hearing Office, Room
D-017A, Kansas Street, Natick, MA 01760-5055.
Categories of individuals covered by the system:
(1) Beneficiaries and providers under the Civilian Health and
Medical Program of the Uniformed Services (CHAMPUS) that have
unresolved disputes with the Office of CHAMPUS (OCHAMPUS);
(2) Students in the Department of Defense Education Activity
(DODEA).
Categories of records in the system:
CHAMPUS-related categories include: Appointment memoranda and
transmittal correspondence; case files; petitions and answers to
petitions; exhibits admitted into evidence; written transcripts or
electronic records of hearings; pleadings or correspondence properly
filed and served on all parties; claims and all other pertinent
materials relating to a claim; billings, applications or approval
forms; medical records, family history files; such other matter as the
hearing officer may include in the record, rulings or orders issued by
the hearing office, and the hearing officer's written decision.
Education-related categories include: Records pertaining to
students attending DoD-operated dependent schools in case files
pertaining to hearings and appeals conducted pursuant to Appendix C to
32 CFR part 80, Special Education Children with Disabilities Within the
Section 6 School Arrangements; 32 CFR part 57, Education of Handicapped
Children in DoD Dependent Schools; or 32 CFR part 56, Nondiscrimination
on the basis of Handicap in Programs and Activities Assisted or
conducted by the Department of Defense, to afford impartial due process
hearings and administrative appeals on the early intervention services
or identification, evaluation, and educational placement of, and free
appropriate public education provided to a disabled child; documents
associated with such hearing, including: Appointment memoranda and
transmittal correspondence; petitions and answers to petitions, the
written transcript or the electronic record of the hearing, exhibits
admitted into evidence; pleadings, written submissions or
correspondence properly filed and served on all parties, such other
matter as the hearing officer may include in the record, rulings or
orders issued by the hearing office, the hearing officer's written
decision; documents associated with administrative appeals from the
hearing officer's written decision; including the administrative record
on appeal, pleadings, written submissions or correspondence properly
filed and served on all parties, rulings or orders issued by the appeal
board, and the appeal board's written decision.
Common to both categories, automated case status records for
current cases and inactive cases are used to provide location and
status and internal identification of cases, to prepare listings and
internal statistical reports, and to monitor workflow and case handling
actions.
Authority for maintenance of the system:
10 U.S.C. 140 and E.O. 9397.
Purpose(s):
Records are collected and maintained to support claims resolution
and impartial due process hearings/and or ancillary proceedings to
parties requesting them and to provide decisions to those parties
involved in the hearings; to record processing steps taken and
processing time; to prepare statistical listings and summaries; to
document due process actions taken; to respond to inquiries from
offices within the executive and legislative branches
[[Page 37450]]
when the inquiry is made at the request of the individual, or for
official purposes; to monitor and control adjudicative actions and
processes.
The automated case tracking system is used to record statistics,
provide location and status and internal identification of cases, to
prepare listings and internal statistical reports, and to monitor work
flow and case handling actions.
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 `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:
Paper records are maintained in file folders, and on file cards;
electronic records are stored on magnetic or optical media.
Retrievability:
Filed alphabetically by beneficiary, provider, child's or sponsor's
name, Social Security Number, or by case number. Access to computer
data may be made by name, Social Security Number, or a combination of
other personal identifying data.
Safeguards:
Records are stored in a secure area accessible only to DOHA
authorized personnel. All records are stored, processed, transmitted
and protected as the equivalent of For Official Use Only information.
Records are accessed by the custodian of the record system and by
persons responsible for using or servicing the system, who are properly
screened and have a need-to-know. Computer hardware is located in
controlled areas with access limited to authorized personnel. Computer
access is via dedicated data circuits with password control. Individual
passwords are changed periodically and upon departure of personnel. The
dedicated data feature prevents access from standard dial-up
telephones.
Retention and disposal:
Along with decisions and other materials develoed during DOHA
processing of cases, the original case files, tapes, exhibit files, and
associated documentation are returned to OCHAMPUS and the DoD Education
Activity and are subject to records retention schedules of the owning
agency after completion of DOHA action. Copies of decisions and audio
tapes are destroyed when no longer needed for reference purposes but
not later than 6 years after rendering a decision.
System manager(s) and address:
Director, Defense Office of Hearings and Appeals, PO Box 3656,
Arlington, VA 22203-1995.
Notification procedure:
Individuals seeking to determine whether information about
themselves is contained in this system should address written inquiries
to the Director, Defense Office of Hearings and Appeals, PO Box 3656,
Arlington, VA 22203-1995.
Record access procedures:
Individuals seeking access to information about themselves
contained in this system of records should address written inquiries to
the Director, Defense Office of Hearings and Appeals, PO Box 3656,
Arlington, VA 22203-1995.
Individual should provide full name and any former names used, date
and place of birth, and Social Security Number.
Some records may be made available for review at DOHA Headquarters
upon appointment made with the Director. Individual must be able to
provide picture identification or a valid driver's license.
Requests must be signed and notarized or, if the individual does
not have access to notary services, preceded by a signed and dated
declaration verifying the identity of the requester, in substantially
the following form: `I certify that the information provided by me is
true, complete, and accurate to the best of my knowledge and belief and
this request is made in good faith. I understand that a knowing and
willful false, fictitious or fraudulent statement or representation can
be punished by fine or imprisonment or both. (Signature).'
Contesting record procedures:
The OSD's rules for accessing records, for contesting contents and
appealing initial agency determinations are published in OSD
Administrative Instruction No. 81; 32 CFR part 311; or may be obtained
from the system manager.
Record source categories:
For OCHAMPUS Cases: Case files referred by OCHAMPUS to DOHA
Administrative Judges; correspondence and supplementary material from
DOHA to the parties in connection with the handling of the case;
correspondence, pleadings, written submissions and evidence associated
with hearings from parties to such proceedings; DoD correspondence
associated with receipt and transmittal of case files.
For DoD Education Activity Cases: Case files assigned to DOHA
Administrative Judges for hearing and/or administrative appeals;
correspondence and supplementary material from DOHA to the parties in
connection with the handling of the case; correspondence, pleadings,
written submissions and evidence associated with hearings or appeals
from parties to such proceedings; rulings, orders, and written
decisions from hearing officers or appeal board; correspondence from
individuals, their attorneys, or authorized representatives; and DoD
correspondence associated with receipt and transmittal of case files.
Exemptions claimed for the system:
None.
DOSIA 01
System name:
OSIA Treaty Inspection Manpower Management System (February 22,
1993, 58 FR 10255)
Changes:
* * * * *
System location:
Change '300 West Service Road' to '201 West Service Road'.
* * * * *
Purposes:
Delete entry and replace with 'To manage OSIA Treaty Monitoring and
Inspection activities, including personnel resources, manpower/billet
management, passport status, mission scheduling and planning,
inspection team composition, inspector and transport list management,
inspector training, and inspection notification generation.'
* * * * *
System manager and address:
Delete entry and replace with 'TIIMS System Administrator, 201 West
Service Road, Dulles International Airport, Post Office Box 17498,
Washington, DC 20041-0498.'
* * * * *
[[Page 37451]]
DOSIA 01
System name:
OSIA Treaty Inspection Manpower Management System.
System location:
Records in the system are located at the On-Site Inspection Agency,
201 West Service Road, Dulles International Airport, Washington, DC
20041-0498.
Categories of individuals covered by the system:
Individuals affiliated with the On-Site Inspection Agency, either
by military assignment, civilian employment, or contractual support
agreement. Individuals are weapons inspectors, linguists, mission
schedulers/planners, personnel assistants/specialists, portal rotation
specialists, operation technicians, passport managers, clerical staff,
and database management specialists.
Categories of records in the system:
Information includes individual's name, Social Security Number,
date of birth, city/state/country of birth, education, marital status,
gender, race, civilian or military member, rank (if military), security
clearance, years of federal service, occupational category, job
organization and location, and emergency locator information.
Authority for maintenance of the system:
10 U.S.C. 125 and Executive Order 9397.
Purposes:
To manage OSIA Treaty Monitoring and Inspection activities,
including personnel resources, manpower/billet management, passport
status, mission scheduling and planning, inspection team composition,
inspector and transport list management, inspector training, and
inspection notification generation.
Routine uses of records maintained in the system, includingcategories
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 `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, retaining, and
disposing of records in the system:
Storage:
Maintained on computer and computer output products.
Retrievability:
Records may be retrieved by name or Social Security Number.
Safeguards:
Records are stored in a computer system with extensive intrusion
safeguards.
Retention and disposal:
Records are maintained for as long as the individual isassigned to
OSIA. Upon departure from OSIA, records concerning that individual are
removed from the active file and retained in an inactive file for ten
years. Information that has been held in the inactive file for ten
years is deleted.
System managers and address:
TIIMS System Administrator, 201 West Service Road, Dulles
International Airport, Post Office Box 17498, Washington DC 20041-0498.
Notification procedures:
Individuals seeking to determine whether information about
themselves is contained in this system should address written inquiries
to the TIIMS System Administrator, 201 West Service Road, Dulles
International Airport, Post Office Box 17498, Washington DC 20041-0498.
The inquiry should include full name and Social SecurityNumber.
Record access procedures:
Individuals seeking access to information about themselves
contained in this system should address written inquiries to the TIIMS
System Administrator, 201 West Service Road, Dulles International
Airport, Post Office Box 17498, Washington, DC 20041-0498.
The inquiry must include full name and Social SecurityNumber.
Contesting records 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:
Information is provided by the individual, obtained from other
personnel record sources, and from the individual's superiors and
assignment personnel.
Exemptions claimed for the system:
None.
[FR Doc. 96-18182 Filed 7-17-92; 8:45 am]
BILLING CODE 5000-04-F
