Privacy Act of 1974; System of Records, 41678-41679 [2014-16766]

Agencies

• DEPARTMENT OF DEFENSE
• Office of the Secretary

[Federal Register Volume 79, Number 137 (Thursday, July 17, 2014)]
[Notices]
[Pages 41678-41679]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-16766]


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DEPARTMENT OF DEFENSE

Office of the Secretary

[Docket ID DoD-2014-OS-0110]


Privacy Act of 1974; System of Records

AGENCY: National Guard Bureau, DoD.

ACTION: Notice to add a new System of Records.

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SUMMARY: The National Guard Bureau proposes to add a new system of 
records, INGB 001, entitled ``Freedom of Information Act (FOIA) and 
Privacy Act (PA) Case Files'' to its inventory of record systems 
subject to the Privacy Act of 1974, as amended. The information in this 
system will be used for processing FOIA and PA requests and 
administrative appeals; for participating in litigation regarding 
agency action on such requests and appeals; and for assisting the NGB 
in carrying out any other responsibilities under the FOIA and PA.

DATES: Comments will be accepted on or before August 18, 2014. This 
proposed action will be effective the date 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: https://www.regulations.gov. Follow the 
instructions for submitting comments.
    * Mail: Federal Docket Management System Office, 4800 Mark Center 
Drive, East Tower, 2nd Floor, Suite 02G09, Alexandria, VA 22350-3100.
    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 https://www.regulations.gov as they are received without change, 
including any personal identifiers or contact information.

FOR FURTHER INFORMATION CONTACT: Ms. Jennifer Nikolaisen, 111 South 
George Mason Drive, AH2, Arlington, VA 22204-1373 or telephone: (571) 
256-7838.

SUPPLEMENTARY INFORMATION: The National Guard Bureau 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 in FOR FURTHER INFORMATION CONTACT or from 
the Defense Privacy and Civil Liberties Web site at https://dpclo.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 June 
13, 2014, 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 4c of Appendix I to 
OMB Circular No. A-130, ``Federal Agency Responsibilities for 
Maintaining Records About Individuals,'' dated

[[Page 41679]]

February 8, 1996 (February 20, 1996, 61 FR 6427).

    Dated: July 11, 2014.
Aaron Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
INGB 001

System Name:
    Freedom of Information Act (FOIA) and Privacy Act (PA) Case Files.

System Location:
    National Guard Bureau (NGB) Office of Information and Privacy 
(OIP), Office of the Chief Counsel, 111 South George Mason Drive, 
Arlington Hall 2, Arlington, VA 22204-1373.

Categories of Individuals Covered by the System:
    Individuals who have requested documents under the provisions of 
the Freedom of Information Act or Privacy Act from the NGB FOIA 
Requester Service Center; individuals whose requests and/or records 
have been processed under the FOIA or PA and referred by other Federal 
agencies; and attorneys representing individuals submitting such 
requests.

Categories of Records in the System:
    Original records created or compiled in response to FOIA or PA 
requests and administrative appeals. Requests include requesters' name, 
mailing address, FOIA or PA case number, subject of the request, 
telephone numbers and email addresses. Responses to such requests and 
administrative appeals include all related memoranda, correspondence, 
notes and other related or supporting documentation.

Authority for Maintenance of the System:
    10 U.S.C. 113, Secretary of Defense; 5 U.S.C. 552, Public 
Information; Agency Rules, Opinions, Orders, Records, and Proceedings; 
5 U.S.C. 552a, Records Maintained on Individuals; 32 CFR 329, NGB 
Privacy Program; DoD 5400.7-R, DoD FOIA Program; DoD 5400.11-R, DoD 
Privacy Program; and DoDD 5105.77, National Guard Bureau.

Purpose:
    Information is being collected and maintained for the purpose of 
processing FOIA and PA requests and administrative appeals; for 
participating in litigation regarding agency action on such requests 
and appeals; and for assisting the NGB in carrying out any other 
responsibilities under the FOIA and PA.

Routine uses of records maintained in the system including categories 
of users and the purpose of such uses:
    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:
    The DoD Blanket Routine Uses may 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:
    Retrieved by name of requester, subject matter, date of request, 
and FOIA or PA request case number.

Safeguards:
    Paper records are maintained in locked file cabinets with access 
only to officials based on requirements of assigned duties. Computer 
databases are restricted to personnel working only within the Office of 
Information and Privacy that have a need-to know and are accessed with 
a common access card (CAC).

Retention and disposal:
    Records of requests that are granted are destroyed two years after 
the date of reply. Records of requests that are denied in whole or 
part, no records responses, responses to requesters who do not 
adequately describe records being sought, or do not state a willingness 
to pay fees, and records which are appealed or litigated are destroyed 
six years after final action.

System manager(s) and address:
    NGB/OIP Office of the Chief Counsel, 111 South George Mason Drive, 
Arlington Hall 2, Arlington, VA 22204-1373.

Notification procedure:
    Individuals seeking to determine whether information about 
themselves is contained in this system of records should address 
written inquiries to NGB/OIP Office of the Chief Counsel, 111 South 
George Mason Drive, Arlington Hall 2, Arlington, VA 22204-1373.
    Written requests must include a signed declaration and include the 
first and last name of the individual, the timeframe for which records 
are being requested and FOIA/PA Case number if possible, and a full 
mailing address in order to receive a response.

Record access procedures:
    Individuals seeking access to information about themselves 
contained in this system should address written inquiries to NGB/OIP 
Office of the Chief Counsel, 111 South George Mason Drive, Arlington 
Hall 2, Arlington, VA 22204-1373.
    Written requests must include a signed declaration and include the 
first and last name of the individual, the timeframe for which records 
are being requested and FOIA/PA Case number if possible, and a full 
mailing address in order to receive a response.

Contesting records procedures:
    The NGB rules for accessing records and for contesting contents and 
appealing initial agency determinations are published at 32 CFR Part 
329 or may be obtained from the system manager.

Record source categories:
    Individuals who submit initial requests and administrative appeals 
pursuant to the FOIA; the agency records searched in the process of 
responding to such requests and appeals; DoD personnel assigned to 
handle such requests and appeals; other agencies or entities that have 
referred to the NGB requests concerning National Guard records or that 
have consulted with the NGB regarding the handling of particular 
requests; submitters of records; and information from those that have 
provided assistance to the NGB in making FOIA and PA access 
determinations.

Exemptions claimed for the system:
    During the course of a FOIA or PA 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 entered into this FOIA or PA case record, 
the NGB 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 329. For additional information 
contact the system manager.

[FR Doc. 2014-16766 Filed 7-16-14; 8:45 am]
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