Privacy Act of 1974; System of Records, 14530-14534 [07-1497]

Agencies

• Office of the Secretary of Defense
• DEPARTMENT OF DEFENSE

[Federal Register Volume 72, Number 59 (Wednesday, March 28, 2007)]
[Notices]
[Pages 14530-14534]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 07-1497]


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DEPARTMENT OF DEFENSE

Office of the Secretary of Defense


Privacy Act of 1974; System of Records

AGENCY: Office of the Secretary, DoD.

ACTION: Notice to Amend Four Systems of Records.

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SUMMARY: The Office of the Secretary of Defense is amending four system 
of records notices 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 
April 27, 2007 unless comments are received which result in a contrary 
determination.

ADDRESSES: Send comments to the OSD Privacy Act Coordinator, Records 
Management Section, Washington Headquarters Services, 1155 Defense 
Pentagon, Washington, DC 20301-1155.

FOR FURTHER INFORMATION CONTACT:  Ms. Juanita Irvin at (703) 696-4940.

SUPPLEMENTARY INFORMATION : The Office of the Secretary of Defense 
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 systems 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.

L.M. Bynum
Alternative OSD Federal Register Liaison Officer, Department of 
Defense.
DFOISR 05
    Freedom of Information Act Case Files (November 29, 2002, 67 FR 
71147) .

Changes:
System identifier:
    Delete entry and replace with ``DWHS E02.''
* * * * *

System Location:
    Delete entry and replace with ``Freedom of Information Division, 
Executive Services Directorate, Washington Headquarters Services, 1155 
Defense Pentagon, Washington, DC 20301-1155.''
* * * * *

System manager(s) and address:
    Delete entry and replace with ``Chief, Freedom of Information 
Division, Executive Services Directorate, Washington Headquarters 
Services, 1155 Defense Pentagon, Washington, DC 20301-1155''.

Notification procedure:
    Delete entry and replace with ``Individuals seeking to determine 
whether information about themselves is contained in this system of 
records should address written inquiries to Chief, Freedom of 
Information Division, Executive Services Directorate, Washington 
Headquarters Services, 1155 Defense Pentagon, Washington, DC 20301-
1155.
    Written requests should include the individual's name.''

Record access procedures:
    Delete entry and replace with ``Individuals seeking access to 
information about themselves contained in this system of records should 
address written inquiries to Chief, Freedom of Information Division, 
Executive Services Directorate, Washington Headquarters Services, 1155 
Defense Pentagon, Washington, DC 20301-1155. Written requests should 
include the individual's name.
    For personal visits to examine records, the individual should 
provide a form of picture identification, i.e., a driver's license.''
* * * * *
DWHS E02

System name:
    Freedom of Information Act Case Files.

System location:
    Freedom of Information Division, Executive Services Directorate, 
Washington Headquarters Services, 1155 Defense Pentagon, Washington, DC 
20301-1155.

Categories of individuals covered by the system:
    All individuals who submit Freedom of Information Act (FOIA) 
requests and administrative appeals to the Office of the Secretary of 
Defense, the Joint Staff, and other activities receiving administrative 
FOIA support from Washington Headquarters Services (WHS); individuals 
whose FOIA requests and/or records have been referred by other Federal 
agencies to the WHS for release to the requester; attorneys 
representing individuals submitting such requests and appeals; 
individuals who are the subjects of such requests and appeals; and/or 
the WHS personnel assigned to handle such requests and appeals.

Categories of records in the system:
    Records created or compiled in response to FOIA requests and 
administrative appeals, i.e., original requests and administrative 
appeals; responses to such requests and administrative appeals; all 
related memoranda, correspondence, notes and other related or 
supporting documentation; and copies of requested records and records 
under administrative appeal.

Authority for maintenance of the system:
    5 U.S.C. 301, Departmental Regulations; 5 D.S.C. 552, The Freedom 
of Information Act, as amended; and DoD 5400.7-R, DoD Freedom of 
Information Act Program.

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

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

[[Page 14531]]

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 DoD `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 in file folder and electronic storage media.

Retrievability:
    Retrieved by name, subject matter, date of document, and request 
number.

Safeguards:
    Paper records are maintained in security containers with access 
only to officials whose access is based on requirements of assigned 
duties. Computer databases are password protected and accessed by 
individuals who have a need-to-know.

Retention and disposal:
    Paper records that are granted are destroyed 2 years after the date 
of reply. Paper records 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 6 years after 
final action. Electronic records are deleted when no longer needed to 
support Directorate business needs.

System manager(s) and address:
    Chief, Freedom of Information Division, Executive Services 
Directorate, Washington Headquarters Services, 1155 Defense Pentagon, 
Washington, DC 20301-1155.

Notification procedure:
    Individuals seeking to determine whether information about 
themselves is contained in this system of records should address 
written inquiries to Chief, Freedom of Information Division, Executive 
Services Directorate, Washington Headquarters Services, 1155 Defense 
Pentagon, Washington, DC 20301-1155.
    Written requests should include the individual's name.

Record access procedures:
    Individuals seeking access to information about themselves 
contained in this system of records should address written inquiries to 
Chief, Freedom of Information Division, Executive Services Directorate, 
Washington Headquarters Services, 1155 Defense Pentagon, Washington, DC 
20301-1155.
    Written requests should include the individual's name.
    For personal visits to examine records, the individual should 
provide a form of picture identification, i.e., a driver's license.

Contesting record 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:
    Those 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; Department of 
Defense personnel assigned to handle such requests and appeals; other 
agencies or entities that have referred to the Department of Defense 
requests concerning Department of Defense records or that have 
consulted with the Department of Defense regarding the handling of 
particular requests; submitters of records; and information that have 
provided assistance to the Department of Defense in making FOIA access 
determinations.

Exemptions claimed for the system:
    During the course of a FOIA 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 case record, Washington 
Headquarters Services 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 of 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 311. For additional information 
contact the system manager.
* * * * *
DFOISR 06

System name:
    Security Review Index File (August 7, 2002, 67 FR 51235).

Changes:
System Identifier:
    Delete entry and replace with ``DWHS E03.''
* * * * *

System Location:
    Delete entry and replace with ``Freedom of Information Division, 
Executive Services Directorate, Washington Headquarters Services, 1155 
Defense Pentagon, Washington, DC 20301-1155.''
* * * * *

Storage:
    Delete entry and replace with ``Paper records in file folders and 
electronic storage media.''
* * * * *

System manager(s) and address:
    Delete entry and replace with ``Chief, Freedom of Information 
Division, Executive Services Directorate, Washington Headquarters 
Services, 1155 Defense Pentagon, Washington, DC 20301-1155.''

Notification procedure:
    Delete entry and replace with ``Individuals seeking to determine 
whether information about themselves is contained in this system of 
records should address written inquiries to Chief, Freedom of 
Information Division, Executive Services Directorate, Washington 
Headquarters Services, 1155 Defense Pentagon, Washington, DC 20301-
1155.
    Written requests should include the individual's name and 
organizational affiliation of the individual.''

Record access procedures:
    Delete entry and replace with ``Individuals seeking access to 
information about themselves contained in this system of records should 
address written inquiries to Chief, Freedom of Information Division, 
Executive Services Directorate, Washington Headquarters Services, 1155 
Defense Pentagon, Washington, DC 20301-1155.
    Written requests should include the individual's name and 
organizational affiliation of the individual.
    For personal visits to examine records, the individual should 
provide identification such as a driver's license or other form of 
picture identification.''
* * * * *
DWHS E03

System name:
    Security Review Index File.

System location:
    Freedom of Information Division, Executive Services Directorate, 
Washington Headquarters Services, 1155 Defense Pentagon, Washington, DC 
20301-1155.

[[Page 14532]]

Categories of individuals covered by the system:
    Department of Defense officials, who present statements, testify, 
or who furnish information to the Congress of the United States. 
Department of Defense officials and citizens or organizations outside 
the Defense Department who submit documents, such as but not limited 
to, speeches and articles, for clearance prior to public release.

Categories of records in the system:
    Names, organizational affiliations, addresses, and other contact 
information of individuals submitting material for security review. The 
material submitted for review is also maintained with a database link 
to information about the submitting official and the action officer.

Authority for maintenance of the system:
    5 U.S.C. 301, Departmental Regulations.

Purpose(s):
    To manage the security review process for documents or materials 
before they are released outside of the Department of Defense. The 
documents and materials of completed security reviews are maintained 
for historical reference to ensure subsequent reviews, which may be 
similar in content, are handled consistently.

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 DoD `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 in file folders and electronic storage media.

Retrievability:
    Retrieved by submitting official or action officer's name and/or 
organization, Security Review Case Number, or subject of submitted 
material.

Safeguards:
    Paper files are maintained in security containers with access only 
to officials in accordance with assigned duties. Computer databases are 
password protected and accessed by individuals who have a need-to-know.

Retention and disposal:
    Security review initial files are destroyed 2 years after clearance 
without amendment and 6 years after record was cleared with amendment 
or denied clearance. Security review appeal files which are cleared are 
destroyed 2 years after clearance and 6 years after record was cleared 
with amendment or denied.

System manager(s) and address:
    Chief, Freedom of Information Division, Executive Services 
Directorate, Washington Headquarters Services, 1155 Defense Pentagon, 
Washington, DC 20301-1155.

Notification procedure:
    Individuals seeking to determine whether information about 
themselves is contained in this system of records should address 
written inquiries to Chief, Freedom of Information Division, Executive 
Services Directorate, Washington Headquarters Services, 1155 Defense 
Pentagon, Washington, DC 20301-1155.
    Written requests should include the individual's name and 
organizational affiliation of the individual.

Record access procedures:
    Individuals seeking access to information about themselves 
contained in this system of records should address written inquiries to 
Chief, Freedom of Information Division, Executive Services Directorate, 
Washington Headquarters Services, 1155 Defense Pentagon, Washington, DC 
20301-1155.
    Written requests should include the individual's name and 
organizational affiliation of the individual.
    For personal visits to examine records, the individual should 
provide identification such as a driver's license or other form of 
picture identification.

Contesting record 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:
    Submitted documents and materials with requests for security review 
from organizations and individuals and comments and recommendations 
returned by subject matter specialists.

Exemptions claimed for the system:
    None.
* * * * *
DFOISR 10

System name:
    Privacy Act Case Files (November 29, 2002, 67 FR 71147).

Changes:
System Identifier:
    Delete entry and replace with ``DWHS E04.''
* * * * *

System Location:
    Delete entry and replace with ``Freedom of Information Division, 
Executive Services Directorate, Washington Headquarters Services, 1155 
Defense Pentagon, Washington, DC 20301-1155.''
* * * * *

System manager(s) and address:
    Delete entry and replace with ``Chief, Freedom of Information 
Division, Executive Services Directorate, Washington Headquarters 
Services, 1155 Defense Pentagon, Washington, DC 20301-1155.''

Notification procedure:
    Delete entry and replace with ``Individuals seeking to determine 
whether information about themselves is contained in this system of 
records should address written inquiries to the Chief, Freedom of 
Information Division, Executive Services Directorate, Washington 
Headquarters Services, 1155 Defense Pentagon, Washington, DC 20301-
1155.''

Record access procedures:
    Delete entry and replace with ``Individuals seeking access to 
information about themselves contained in this system of records should 
address written inquiries to Chief, Freedom of Information Division, 
Executive Services Directorate, Washington Headquarters Services, 1155 
Defense Pentagon, Washington, DC 20301-1155.''
* * * * *
DWHS E04

System name:
    Privacy Act Case Files.

System location:
    Freedom of Information Division, Executive Services Directorate, 
Washington Headquarters Services, 1155 Defense Pentagon, Washington, DC 
20301-1155.

Categories of individuals covered by the system:
    All individuals who submit Privacy Act requests and administrative 
appeals

[[Page 14533]]

to the Washington Headquarters Services (WHS), the Joint Staff, and 
other activities receiving administrative support from WHS; individuals 
whose requests and/or records have been referred by other Federal 
agencies to WHS for release to the requester; attorneys representing 
individuals submitting such requests and appeals; individuals who are 
the subjects of such requests and appeals; and WHS personnel assigned 
to handle such requests and appeals.

Categories of records in the system:
    Records created or compiled in response to Privacy Act requests and 
administrative appeals, i.e.; original requests and administrative 
appeals; responses to such requests and administrative appeals; all 
related memoranda, correspondence, notes, and other related or 
supporting documentation; and copies of requested records and records 
under administrative appeal.

Authority for maintenance of the system:
    5 U.S.C. 301, Departmental Regulations; 5 U.S.C. 552a, The Privacy 
Act of 1974, as amended; DoD 5400.11-R, Department of Defense Privacy 
Program; Administrative Instruction 81, Privacy Program; and E.O. 9397 
(SSN) .

Purpose(s):
    Information is being collected and maintained for the purpose of 
processing Privacy Act requests and administrative appeals; for 
participating in litigation regarding agency action on such requests 
and appeals; and for assisting the Department of Defense in carrying 
out any other responsibilities under the Privacy Act of 1974.

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 DoD `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 in file folders and electronic storage media.

Retrievability:
    Filed chronologically by request number and retrieved by name and/
or request number.

Safeguards:
    Records are maintained in security containers with access only to 
officials whose access is based on requirements of assigned duties. 
Computer databases are password protected and accessed by individuals 
who have a need-to-know.

Retention and disposal:
    Paper records that are granted are destroyed 2 years after the date 
of reply. Paper records that are denied in whole or part, no record 
responses, responses to requesters who do not adequately describe 
records being sought and records that are appealed or litigated are 
destroyed 6 years after final action. Electronic records are deleted 
when no longer needed to support Directorate business needs.

System manager(s) and address:
    Chief, Freedom of Information Division, Executive Services 
Directorate, Washington Headquarters Services, 1155 Defense Pentagon, 
Washington, DC 20301-1155.

Notification procedure:
    Individuals seeking to determine whether information about 
themselves is contained in this system of records should address 
written inquiries to Director, Freedom of Information and Security 
Review, Washington Headquarters Services, 1155 Defense Pentagon, 
Washington, DC 20301-1155.
    Written requests should include the individual's name.

Record access procedures:
    Individuals seeking access to information about themselves 
contained in this system of records should address written inquiries to 
Chief, Freedom of Information Division, Executive Services Directorate, 
Washington Headquarters Services, 1155 Defense Pentagon, Washington, DC 
20301-1155.
    Written requests should include the individual's name.
    For personal visits to examine records, the individual should 
provide a form of picture identification, i.e., a driver's license.

Contesting record 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:
    Those individuals who submit initial requests and administrative 
appeals pursuant to the Privacy Act; the agency records searched in the 
process of responding to such requests and appeals; Department of 
Defense personnel assigned to handle such requests and appeals; other 
agencies or entities that have referred to the Department of Defense 
requests concerning Department of Defense records, or that have 
consulted with the Department of Defense regarding the handling of 
particular requests; and submitters or subjects of records or 
information that have provided assistance to the Department of Defense 
in making access or amendment determinations.

Exemptions claimed for the system:
    During the course of a Privacy Act (PA) action, exempt materials 
from other systems of records may become part of the case records in 
this system of records. To the extent that copies of exempt records 
from those `other' systems of records are entered into these PA case 
records, Washington Headquarters Services hereby claims the same 
exemptions for the records as they have in 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 311. For additional 
information contact the system manager.
* * * * *
DFOISR 11

System name:
    Mandator Declassification Review Files (December 30, 2003, 68 FR 
75220).

Changes:
System Identifier:
    Delete entry and replace with ``DWHS E05.''
* * * * *

System Location:
    Delete entry and replace with ``Chief, Records and Declassification 
Division, Executive Services Directorate, 1155 Defense Pentagon, 
Washington, DC 20301-1155.''
* * * * *

System manager(s) and address:
    Delete entry and replace with ``Chief, Records and Declassification 
Division, Executive Services Directorate, 1155 Defense Pentagon, 
Washington, DC 20301-1155.''

[[Page 14534]]

Notification procedure:
    Delete entry and replace with ``Individuals seeking to determine 
whether information about themselves is contained in this system of 
records should address written inquiries to Chief, Records and 
Declassification Division, Executive Services Directorate, 1155 Defense 
Pentagon, Washington, DC 20301-1155.''

Record access procedures:
    Delete entry and replace with ``Individuals seeking access to 
information about themselves contained in this system of records should 
address written inquiries to Chief, Freedom of Information Division, 
Executive Services Directorate, Washington Headquarters Services, 1155 
Defense Pentagon, Washington, DC 20301-1155.''
* * * * *
DWHS E05

System name:
    Mandatory Declassification Review Files (December 30, 2003, 68 FR 
75220).

System location:
    Chief, Records and Declassification Division, Executive Services 
Directorate, 1155 Defense Pentagon, Washington, DC 20301-1155.

Categories of ndividuals covered by the system:
    Individuals who request Mandatory Declassification Review (MDR) or 
appeal an MDR determination of a classified document for the purpose of 
releasing declassified material to the public, as provided for under 
the applicable Executive Order(s) governing classified National 
Security Information. Other individuals in the system are action 
officers.

Categories of records in the system:
    Name and address of person making MDR request or appeal, 
identification of records requested, dates and summaries of action 
taken, and documentation for establishing and processing collectable 
fees. Names, titles, and/or positions of security specialists and/or 
officials responsible for an initial or final denial on appeal of a 
request for declassification of a record.

Authority for maintenance of the system:
    E.O. 12958, Classified National Security Information, or other 
applicable Executive Order(s) governing classified National Security 
Information.

Purpose(s):
    To manage requests and/or appeals from individuals for the 
mandatory review of classified documents for the purposes of releasing 
declassified material to the public; and to provide a research resource 
of historical, data on release of records so as to facilitate 
conformity in subsequent actions. Data developed from this system is 
used for the annual report required by the applicable Executive 
Order(s) governing classified National Security Information. This data 
also serves management needs, by providing information about the number 
of requests; the type or category of records requested; and the average 
processing time.

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 DoD `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 in file folders and electronic storage media.

Retrievability:
    Retrieved by name of requester and other pertinent information, 
such as organization or address, subject material describing the MDR 
item (including date), MDR request number using computer indices, 
referring agency, or any combination of fields.

Safeguards:
    Paper records are maintained in security containers with access 
limited to officials having a need-to-know based on their assigned 
duties. Computer systems require user passwords and users are limited 
according to their assigned duties to appropriate access on a need-to-
know basis.

Retention and disposal:
    Files that grant access to records are held in current status for 
two years after the end of the calendar year in which created, then 
destroyed. Files pertaining to denials of requests are destroyed 5 
years after final determination. Appeals are retained for 3 years after 
final determination.

System manager(s) and address:
    Chief, Records and Declassification Division, Executive Services 
Directorate, 1155 Defense Pentagon, Washington, DC 20301-1155.

Notification procedure:
    Individuals seeking to determine whether information about 
themselves is contained in this system of records should address 
written inquiries to Chief, Records and Declassification Division, 
Executive Services Directorate, 1155 Defense Pentagon, Washington, DC 
20301-1155.
    Written requests should include the individual's name and 
organizational affiliation of the individual at the time the record 
would have been created.

Record access procedures:
    Individuals seeking access to information about themselves 
contained in this system of records should address written inquiries to 
Chief, Freedom of Information Division, Executive Services Directorate, 
Washington Headquarters Services, 1155 Defense Pentagon, Washington, DC 
20301-1155.
    Written requests should include the individual's name and 
organizational affiliation of the individual at the time the record 
would have been created.
    For personal visits to examine records, the individual should 
provide identification such as a driver's license or other form of 
picture identification.

Contesting record 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:
    Requests from individuals for Mandatory Declassification Review and 
subsequent release of records and information provided by form and 
memorandum by officials who hold the requested records, act upon the 
request, or who are involved in legal action stemming from the action 
taken.

Exemptions claimed for the system:
    None.

[FR Doc. 07-1497 Filed 3-27-07; 8:45 am]
BILLING CODE 5001-06-M