Privacy Act of 1974; Systems of Records, 50949-50952 [E8-20058]

Agencies

• Office of the Secretary
• DEPARTMENT OF DEFENSE

[Federal Register Volume 73, Number 169 (Friday, August 29, 2008)]
[Notices]
[Pages 50949-50952]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-20058]


-----------------------------------------------------------------------

DEPARTMENT OF DEFENSE

Office of the Secretary

[Docket ID: DoD-2208-OS-0099]


Privacy Act of 1974; Systems of Records

AGENCY: Defense Logistics Agency, DoD.

ACTION: Notice to alter a system of records.

-----------------------------------------------------------------------

SUMMARY: The Defense Logistics Agency proposes to alter a system of 
records notice in its existing inventory of records 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 
September 29, 2008 unless comments are received which result in a 
contrary determination.

ADDRESSES: Send comments to the Privacy Act Officer, Headquarters, 
Defense Logistics Agency, ATTN: DP, 8725 John J. Kingman Road, Stop 
2533, Fort Belvoir, VA 22060-6221.

FOR FURTHER INFORMATION CONTACT: Ms. Jody Sinkler at (703) 767-5045.

SUPPLEMENTARY INFORMATION: The Defense Logistics Agency 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 proposed system reports, as required by 5 U.S.C. 552a(r), of 
the Privacy Act of 1974, as amended, were submitted on August 22, 2008, 
to the House Committee on Oversight and Government Reform, the Senate 
Committee on Homeland Security and 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 February 8, 1996 
(February 20, 1996, 61 FR 6427).

    Dated: August 22, 2008.
Patricia Toppings,
OSD Federal Register Liaison Officer, Department of Defense.
S400.20

System name:
    Day Care Facility Registrant and Applicant Records (April 26, 2002, 
67 FR 8012).

Changes:
* * * * *

System name:
    Delete entry and replace with ``Day Care Facility Registrant, 
Applicant and Enrollee Records.''

System location:
    Delete entry and replace with ``Headquarters, Defense Logistics 
Agency, 8725 John J. Kingman Road, Fort Belvoir, VA 22060-6221 and 
participating DLA Field Activities. Mailing addresses for the DLA Field 
Activities may be obtained from the System manager below.''
* * * * *

Categories of records in the system:
    Delete entry and replace with ``Waiting List Applicant'' records 
include the names of the sponsor and spouse (when applicable), Social 
Security Numbers; home and electronic mail addresses; work, home, cell 
and pager telephone numbers; place of employment; rank or civilian pay 
grade; child's name and birth date documentation of any special needs 
or health concerns regarding the child, to include documentation of 
food restrictions; physical abilities and limitations; physical, 
emotional, or other special care requirements (including restrictions 
or special precautions concerning diet); special services Individual 
Development Plans (IDP) when special needs have already been diagnosed.
    Enrollees records include all items listed above under ``Waiting 
List Applicant'' plus names and phone numbers of emergency points of 
contact; medical, dental and insurance provider data; medical 
examination reports, health assessments and screening results; 
immunization, allergy and medication information; documentation of 
Special Needs Resource Team (SNRT) meetings, recommendations and 
follow-up; documentation of behavioral issues; special services 
Individual Development Plans (IDP) (when applicable); child portfolios 
to include observations, anecdotal records, and developmental milestone 
checklists; parent/teacher conference data; parent complaints; 
transportation requirements and schedules; parental disabilities, 
impairments, or special needs; authorization, consent, and agreement 
forms; medical power of attorney; serious event/incident report forms; 
symptom records; escort and emergency designees' name and data to 
include physical and electronic addresses and work, home, cell, and 
pager telephone numbers; documentation of returned checks; status of 
hardship requests; family care plans to include documentation of 
guardianship and medical power of attorney in the absence of parent(s); 
and suspected/reported child abuse or neglect forms. The records may 
include child and family profiles which gather information on family 
background, cultural, and ethnic data such as religion, native 
language, and family composition for cultural and social enrichment 
activities. For fee assessment purposes, the application records also 
include family income data; documentation of disability if unemployed; 
and, for security purposes, court records with information on custody 
and visitation arrangements when applicable. Note: Any and all 
information relating to an individual's religious preference or 
religious activity is collected and maintained only if the individual 
has made an informed decision to voluntarily provide the information.
    Employee records include their name; Social Security Number and 
birth date; home address; home and cell telephone numbers; electronic 
mail address; names, telephone numbers and home

[[Page 50950]]

addresses of emergency points of contact; health assessment, 
psychological evaluations, immunization records, and documentation of 
ongoing medication; verification of background checks and suitability 
determination; training records, educational background, and other 
related employment experiences; employment references; job performance 
standards, copies of appraisals, awards, promotions and grievance 
actions; copies of personnel actions; counseling statements as 
appropriate.
    Volunteer records include their name, and birth date; home 
addresses; home, work and cell telephone numbers; electronic mail 
address; place of employment; names, telephone numbers and home 
addresses of emergency points of contact; health assessment, 
psychological evaluations, immunization records, and documentation of 
ongoing medication; verification of background checks and suitability 
determination; and training records.
* * * * *

Purpose(s):
    Delete entry and replace with ``With the exception of family income 
data, the records are available to the Child and Youth Program 
Coordinator, the CDP Director and Assistant Director, the CDP Training 
and Curriculum Specialist, and applicable administrative and care 
giving staff for the purpose of providing safe, developmentally 
appropriate day care services and to ensure proper, effective response 
in the event of an emergency. These records may also be made available 
to subject matter experts during inspections.''
    Individualized data on total family income is provided to employing 
Defense components for fiscal planning purposes, for subsidy 
computation, and to reimburse DLA for day care services rendered under 
a support agreement. Verification of family income data is also used 
for fee assessment purposes and is made available to DLA 
representatives during inspections.
    Serious Event Forms, Incident Report Forms, and monthly injury logs 
are provided to the Child and Youth Programs Coordinator, the CDP 
Director, and the installation's safety and health office for the 
purpose of tracking all accidents/incidents that occur within the CDP 
center or during sponsored activities off-site. These reports are also 
made available to safety and health professionals during inspections.
    Records pertaining to physical abilities and limitations; physical, 
emotional or other special care requirements to include restrictions or 
special precautions concerning diet; existing IDPs; and documentation 
of behavioral issues or other special needs will be provided to members 
of the SNRT for the purpose of determining staff training needs, 
appropriate classroom placement, necessity of contract modification, 
and appropriate follow-up, to include collaboration with community 
resources as needed. Based upon the severity of the special need, the 
installation's paramedic squad will be notified of the child's 
enrollment at the CDC and the specific condition that may require 
attention. Records will also be available to subject matter experts 
during inspections.

Routine uses of records maintained in the system, including categories 
of users and the purposes 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, 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:
    To physicians, dentists, medical technicians, hospitals, or health 
care providers in the course of obtaining emergency medical attention.
    To Federal, state, and local officials involved with childcare or 
health services for the purpose of reporting suspected or actual child 
abuse.
    To Federal, state, and local agencies and private sector entities 
that employ individuals who are registered to use the day care center 
for the purpose of verifying income. Note: Only name and data 
pertaining to reported total family income is disclosed to employing 
agencies and entities.
    To State Public Health Authorities and/or the Center for Disease 
Control for the purpose of reporting communicable diseases. Information 
released does not contain any personally identifiable information.
    The DOD ``Blanket Routine Uses'' apply to this system of records
    Add a new element to the notice: ``Disclosures to consumer 
reporting agencies:
    Disclosures pursuant to 5 U.S.C. 552a(b)(12) may be made from this 
system to ``consumer reporting agencies'' as defined in the Fair Credit 
Reporting Act (14 U.S.C. 1681a(f)) or the Federal Claims Collection Act 
of 1966 (31 U.S.C. 3701(a)(3)). The purpose of this disclosure is to 
aid in the collection of outstanding debts owed to the Federal 
government; typically to provide an incentive for debtors to repay 
delinquent Federal government debts by making these debts part of their 
credit records.
    ``The disclosure is limited to information necessary to establish 
the identity of the individual, including name, address, and taxpayer 
identification number (Social Security Number); the amount, status, and 
history of the claim; and the agency or program under which the claim 
arose for the sole purpose of allowing the consumer reporting agency to 
prepare a commercial credit report.''
* * * * *

Safeguards:
    Delete entry and replace with ``Records are maintained in areas 
accessible only to personnel who must use them in the performance of 
their official duties. Paper records are maintained in locked file 
cabinets, drawers, or offices in a locked building with controlled, 
monitored access. Personnel who use the records to perform their duties 
must complete Privacy Act/Personally Identifiable Information (PII) 
training prior to being granted access to records. Smart card 
technology is required to access records maintained on computer 
systems.''

Retention and disposal:
    Enrollee records (involving no serious accident or injury requiring 
emergency medical records) are sent to the Child and Youth Program 
Coordinator upon termination from the program and are destroyed 1 year 
later.
    Enrollee records (involving a serious accident or injury requiring 
emergency medical records) are sent to the Child Development Services 
Coordinator upon termination from the program and are destroyed 3 years 
after the incident or 1 year after the enrollee withdraws from the 
program, whichever is later.
    Employee and Volunteer Records are maintained at the Child 
Development Center and are destroyed 3 years after termination of 
employment or volunteer services.

System manager(s) and address:
    Delete entry and replace with ``Director, Child and Youth Programs, 
Morale, Welfare and Recreation, Headquarters Defense Logistics Agency, 
8725 John J. Kingman Road, ATTN: DES-Q, Fort Belvoir, VA 22060-6221.''
* * * * *

Record source categories:
    Delete entry and replace with ``Information is provided by the 
registrant, the registrant's sponsor, the sponsor's employer, the 
registrant's

[[Page 50951]]

physician or health care provider, and CDP employees.''
* * * * *
S400.20

System name:
    Day Care Facility Registrant, Applicant and Enrollee Records.

System location:
    Headquarters, Defense Logistics Agency, 8725 John J. Kingman Road, 
Fort Belvoir, VA 22060-6221 and the participating DLA Field Activities. 
Mailing addresses may be obtained from the System manager below.''

Categories of individuals covered by the system:
    Individuals and their sponsors who are enrolled in, or have applied 
for admission to, DLA-managed day care facilities.

Categories of records in the system:
    Waiting List Applicant records include the names of the sponsor and 
spouse (when applicable), Social Security Numbers; home and electronic 
mail addresses; work, home, cell and pager telephone numbers; place of 
employment; rank or civilian pay grade; child's name and birth date 
documentation of any special needs or health concerns regarding the 
child, to include documentation of food restrictions; physical 
abilities and limitations; physical, emotional, or other special care 
requirements (including restrictions or special precautions concerning 
diet); special services Individual Development Plans (IDP) when special 
needs have already been diagnosed.
    Enrollees records include all items listed above under ``Waiting 
List Applicant'' plus names and phone numbers of emergency points of 
contact; medical, dental and insurance provider data; medical 
examination reports, health assessments and screening results; 
immunization, allergy and medication information; documentation of 
Special Needs Resource Team (SNRT) meetings, recommendations and 
follow-up; documentation of behavioral issues; special services 
Individual Development Plans (IDP) (when applicable); child portfolios 
to include observations, anecdotal records, and developmental milestone 
checklists; parent/teacher conference data; parent complaints; 
transportation requirements and schedules; parental disabilities, 
impairments, or special needs; authorization, consent, and agreement 
forms; medical power of attorney; serious event/incident report forms; 
symptom records; escort and emergency designees' name and data to 
include physical and electronic addresses and work, home, cell, and 
pager telephone numbers; documentation of returned checks; status of 
hardship requests; family care plans to include documentation of 
guardianship and medical power of attorney in the absence of parent(s); 
and suspected/reported child abuse or neglect forms. The records may 
include child and family profiles which gather information on family 
background, cultural, and ethnic data such as religion, native 
language, and family composition for cultural and social enrichment 
activities. For fee assessment purposes, the application records also 
include family income data; documentation of disability if unemployed; 
and, for security purposes, court records with information on custody 
and visitation arrangements when applicable. Note: Any and all 
information relating to an individual's religious preference or 
religious activity is collected and maintained only if the individual 
has made an informed decision to voluntarily provide the information.
    Employee records include their name; Social Security Number (SSN) 
and birth date; home address; home and cell telephone numbers; 
electronic mail address; names, telephone numbers and home addresses of 
emergency points of contact; health assessment, psychological 
evaluations, immunization records, and documentation of ongoing 
medication; verification of background checks and suitability 
determination; training records, educational background, and other 
related employment experiences; employment references; job performance 
standards, copies of appraisals, awards, promotions and grievance 
actions; copies of personnel actions; counseling statements as 
appropriate.
    Volunteer records include their name; and birth date; home 
addresses; home, work and cell telephone numbers; electronic mail 
address; place of employment; names, telephone numbers and home 
addresses of emergency points of contact; health assessment, 
psychological evaluations, immunization records, and documentation of 
ongoing medication; verification of background checks and suitability 
determination; and training records.

Authority for maintenance of the system:
    5 U.S.C. 301, Departmental Regulations; 10 U.S.C. 133, Under 
Secretary of Defense for Acquisition, Technology, and Logistics; 10 
U.S.C. 2809 and 2812, Military construction of child care facilities; 
42 U.S.C. Chap. 127, Coordinated services for children, youth, and 
families; 40 U.S.C. 490b, Child care services for Federal employees; 42 
U.S.C. Chap 67, Child abuse programs; Pub. L. 101-189, Title XV, 
Military Child Care Act of 1989; DOD Instruction 6060.2, Child 
Development Programs; and E.O. 9397 (SSN).

Purpose(s):
    With the exception of family income data, the records are available 
to the Child and Youth Program Coordinator, the CDP Director and 
Assistant Director, the CDP Training and Curriculum Specialist, and 
applicable administrative and care giving staff for the purpose of 
providing safe, developmentally appropriate day care services and to 
ensure proper, effective response in the event of an emergency. These 
records may also be made available to subject matter experts during 
inspections. Individualized data on total family income is provided to 
employing Defense components for fiscal planning purposes, for subsidy 
computation, and to reimburse DLA for day care services rendered under 
a support agreement. Verification of family income data is also used 
for fee assessment purposes and is made available to DLA 
representatives during inspections.
    Serious Event Forms, Incident Report Forms, and monthly injury logs 
are provided to the Child and Youth Programs Coordinator, the CDP 
Director, and the installation's safety and health office for the 
purpose of tracking all accidents/incidents that occur within the CDP 
center or during sponsored activities off-site. These reports are also 
made available to safety and health professionals during inspections.
    Records pertaining to physical abilities and limitations; physical, 
emotional or other special care requirements to include restrictions or 
special precautions concerning diet; existing IDPs; and documentation 
of behavioral issues or other special needs will be provided to members 
of the SNRT for the purpose of determining staff training needs, 
appropriate classroom placement, necessity of contract modification, 
and appropriate follow-up, to include collaboration with community 
resources as needed. Based upon the severity of the special need, the 
installation's paramedic squad will be notified of the child's 
enrollment at the CDC and the specific condition that may require 
attention. Records will also be available to subject matter experts 
during inspections.

[[Page 50952]]

    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:
    To physicians, dentists, medical technicians, hospitals, or health 
care providers in the course of obtaining emergency medical attention.
    To Federal, state, and local officials involved with childcare or 
health services for the purpose of reporting suspected or actual child 
abuse.
    To Federal, state, and local agencies and private sector entities 
that employ individuals who are registered to use the day care center 
for the purpose of verifying income. Note: Only name and data 
pertaining to reported total family income is disclosed to employing 
agencies and entities.
    To State Public Health Authorities and/or the Center for Disease 
Control for the purpose of reporting communicable diseases. Information 
released does not contain any personally identifiable information.
    The DOD ``Blanket Routine Uses'' apply to this system of records.

Disclosures to consumer reporting agencies:
    Disclosures pursuant to 5 U.S.C. 552a(b)(12) may be made from this 
system to ``consumer reporting agencies'' as defined in the Fair Credit 
Reporting Act (14 U.S.C. 1681a(f)) or the Federal Claims Collection Act 
of 1966 (31 U.S.C. 3701(a)(3)). The purpose of this disclosure is to 
aid in the collection of outstanding debts owed to the Federal 
government; typically to provide an incentive for debtors to repay 
delinquent Federal government debts by making these debts part of their 
credit records.
    The disclosure is limited to information necessary to establish the 
identity of the individual, including name, address, and taxpayer 
identification number (Social Security Number); the amount, status, and 
history of the claim; and the agency or program under which the claim 
arose for the sole purpose of allowing the consumer reporting agency to 
prepare a commercial credit report.

Policies and practices for storing, retrieving, accessing, retaining 
and disposing of records in the system:
Storage:
    Records are stored on paper and in electronic storage media.

Retrievability:
    Records may be retrieved by the full name of the registrant/
applicant/sponsor and Social Security Number. Volunteer records may be 
retrieved by their full name.

Safeguards:
    Records are maintained in areas accessible only to personnel who 
must use them in the performance of their official duties. Paper 
records are maintained in locked file cabinets, drawers, or offices in 
a locked building with controlled, monitored access. Personnel who use 
the records to perform their duties must complete Privacy Act/
Personally Identifiable Information (PII) training prior to being 
granted access to records. Smart card technology is required to access 
records maintained on computer systems.

Retention and disposal:
    Enrollee records (involving no serious accident or injury requiring 
emergency medical records) are sent to the Child and Youth Program 
Coordinator upon termination from the program and are destroyed 1 year 
later.
    Enrollee records (involving a serious accident or injury requiring 
emergency medical records) are sent to the Child Development Services 
Coordinator upon termination from the program and are destroyed 3 years 
after the incident or 1 year after the enrollee withdraws from the 
program, whichever is later.
    Employee and Volunteer Records are maintained at the Child 
Development Center and are destroyed 3 years after termination of 
employment or volunteer services.

System manager(s) and address:
    Director, Child and Youth Programs, Morale, Welfare and Recreation, 
Headquarters Defense Logistics Agency, 8725 John J. Kingman Road, ATTN: 
DES-Q, Fort Belvoir, VA 22060-6221.

Notification procedure:
    Individuals seeking to determine whether information about them is 
contained in this system should address written inquiries to the 
Privacy Act Office, Headquarters, Defense Logistics Agency, ATTN: DGA, 
8725 John J. Kingman Road, Suite 1644, Fort Belvoir, VA 22060-6221.
    Inquiries from registrants/applicants/sponsors should contain their 
full name and Social Security Number. Inquiries from volunteers should 
contain their full name.

Record access procedures:
    Individuals seeking access to information about them contained in 
this system should address written inquiries to the Privacy Act Office, 
Headquarters, Defense Logistics Agency, ATTN: DGA, 8725 John J. Kingman 
Road, Suite 1644, Fort Belvoir, VA 22060-6221.
    Inquiries from registrants/applicants/sponsors should contain their 
full name and Social Security Number. Inquiries from volunteers should 
contain their full name.

Contesting record procedures:
    The DLA rules for accessing records, for contesting contents, and 
appealing initial agency determinations are contained in 32 CFR part 
323, or may be obtained from the Privacy Act Office, Headquarters, 
Defense Logistics Agency, ATTN: DGA, 8725 John J. Kingman Road, Suite 
1644, Fort Belvoir, VA 22060-6221.

Record source categories:
    Information is provided by the registrant, the registrant's 
sponsor, the sponsor's employer, the registrant's physician or health 
care provider, volunteers, and CDP employees.

Exemptions claimed for the system:
    None.
[FR Doc. E8-20058 Filed 8-28-08; 8:45 am]
BILLING CODE 5001-06-P