Privacy Act of 1974; System of Records, 4020-4022 [E9-1245]

Agencies

• DEPARTMENT OF DEFENSE
• Department of the Air Force
• Air Force Department

[Federal Register Volume 74, Number 13 (Thursday, January 22, 2009)]
[Notices]
[Pages 4020-4022]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-1245]


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DEPARTMENT OF DEFENSE

Department of the Air Force

[Docket ID USAF-2009-0008]


Privacy Act of 1974; System of Records

AGENCY: Department of the Air Force, DoD.

ACTION: Notice to Alter a System of Records.

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SUMMARY: The Department of the Air Force proposes to alter a system of 
records to its inventory of record systems subject to the Privacy Act 
of 1974 (5 U.S.C. 552a), as amended.

DATES: The proposed action will be effective on February 23, 2009 
unless comments are received that would result in a contrary 
determination.

ADDRESSES: Send comments to the Air Force Privacy Act Officer, Office 
of Warfighting Integration and Chief Information Officer, SAF/XCX, 1800 
Air Force Pentagon, Suite 220, Washington, DC 20330-1800.

FOR FURTHER INFORMATION CONTACT: Mr. Kenneth Brodie at (703) 696-7557.

SUPPLEMENTARY INFORMATION: The Department of the Air Force's 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 systems reports, as required by 5 U.S.C. 552a(r) of 
the Privacy Act, were submitted on January 13, 2009, 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: January 13, 2009.
Morgan E. Frazier,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
F036 AF DP G

System name:
    Military Equal Opportunity and Treatment (January 28, 2002, 67 FR 
3883).

Changes:
* * * * *

System Name:
    Delete entry and replace with ``Equal Opportunity and Sexual 
Assault Prevention and Response Records.''
* * * * *

Categories of individuals covered by the system:
    Delete entry and replace with ``Department of Defense (DoD) 
military Component Active Duty, Reserve and Guard personnel; civilian 
employees; and members of the public involved in complaints or 
investigations relating to the Equal Opportunity and Sexual Assault 
Prevention and Response Programs.''

Categories of records in the system:
    Delete entry and replace with ``Complainant's full name, Social 
Security Number (SSN), correspondence and records concerning incidents 
or complaint data, endorsements and recommendations, formal and 
informal complaints of unlawful discrimination, sexual harassment, 
sexual assault, and clarifications/investigations concerning aspects of 
equal opportunity or sexual assault. Records/forms necessary to conduct 
background checks for Sexual Assault Response personnel/volunteers.''

Authority for maintenance of the system:
    Delete entry and replace with ``10 U.S.C. 8013, Secretary of the 
Air Force; Pub. L. 105-85, section 591; AFPD 36-27, Social Actions; Air 
Force Instruction 36-2706, Military Equal Opportunity and Treatment 
Program; For Sexual Assault: Pub L. 108-375, as amended and 
supplemented, October 28, 2004, Section 577(e); AFPD 36-60, Sexual 
Assault Prevention and Response (SAPR) Program and E.O. 9397 (SSN).''

Purpose(s):
    Delete entry and replace with ``To investigate and resolve 
complaints of unlawful discrimination and sexual harassment under the 
Equal Opportunity Program, and to maintain records created as a result 
of the filing of allegations and appeals involving

[[Page 4021]]

unlawful discrimination because of race, color, religion, sex, or 
national origin. To assist and provide victim services to victims of 
sexual assault under the Sexual Assault Prevention and Response 
Program, and to maintain records created as a result of restricted or 
unrestricted reporting of allegations of sexual assault under the 
Sexual Assault Prevention and Response Program.
    To conduct necessary background checks of Sexual Assault Prevention 
and Response Program volunteers/personnel.
    To report information as required by the FY 98 National Defense 
Authorization Act, and used as a data source for descriptive 
statistics.''

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(3) as 
follows:
    In cases of confirmed sexual harassment, identification of 
complainant and offender will be provided to congressional committees 
as required by the FY 98 National Defense Authorization Act. In cases 
of unrestricted or restricted reports, release of identification of 
complainant and offender may be provided for official purposes 
consistent with guidance from the DoD Sexual Assault Prevention and 
Response Office.
    The DoD `Blanket Routine Uses' published at the beginning of the 
Air Force's compilation of systems of records notices apply to this 
system.''
* * * * *

Storage:
    Delete entry and replace with ``Paper records in file folders and 
on computer electronic files and computer output products.''

Retrievability:
    Delete entry and replace with ``Retrieved by complainant's name, 
and/or Social Security Number.''

Safeguards:
    Delete entry and replace with ``Paper records are maintained in 
locked file cabinets, locked desk drawers or locked offices. Computer 
records are password protected and limited to personnel authorized 
access to the records in order to accomplish their official duties; 
encryption of information in the records may also be required. Records 
are also accessed by personnel responsible for servicing the records in 
performance of their official duties who are properly screened and 
cleared for need-to-know.''
* * * * *

System manager(s) and addresses:
    Delete entry and replace with ``Air Force Equal Opportunity Office 
(AF/A1Q), 1040 Air Force Pentagon, Washington DC 20330-1040.
    Air Force Sexual Assault Prevention and Response Office (AF/A1SF), 
1040 Air Force Pentagon, Washington DC 20330-1040.''

Notification procedures:
    Delete entry and replace with ``Individuals seeking to determine 
whether this system of records contains information on themselves 
should address written inquiries to Air Force Equal Opportunity (AF/
A1Q), 1040 Air Force Pentagon, Washington DC 20330-1040 or Air Force 
Sexual Assault Prevention and Response (AF/A1SF), 1040 Air Force 
Pentagon, Washington DC 20330-1040. Official mailing addresses are 
published as an appendix to the Air Force's compilation of systems of 
records notices.
    Individuals should provide their full name, Social Security Number 
(SSN) and notarized signature.''

Record access procedures:
    Delete entry and replace with ``Individuals seeking access to 
records about themselves contained in this system should address 
written requests to Air Force Equal Opportunity (AF/A1Q), 1040 Air 
Force Pentagon, Washington DC 20330-1040 or Air Force Sexual Assault 
Prevention and Response (AF/A1SF), 1040 Air Force Pentagon, Washington 
DC 20330-1040. Official mailing addresses are published as an appendix 
to the Air Force's compilation of systems of records notices.
    Individuals should provide their full name, Social Security Number 
(SSN) and notarized signature.''

Contesting record procedures:
    Delete entry and replace with ``The Air Force rules for accessing 
records, and for contesting contents and appealing initial agency 
determinations are published in Air Force Instruction 33-332; 32 CFR 
part 806b; or may be obtained from the system manager.''

Record source categories:
    Delete entry and replace with ``Information obtained from the 
complainants and alleged victims, witnesses and other individuals, 
investigative reports, DoD and Component records and reports.''
* * * * *
F036 AF DP G

System name:
    Equal Opportunity and Sexual Assault Prevention and Response 
Records.

System location:
    Headquarters United States Air Force, headquarters of major 
commands, Numbered Air Forces, field operating agencies, direct 
reporting units; headquarters of combatant commands for which Air Force 
is Executive Agent, and all Air Force installations and units. Official 
mailing addresses are published as an appendix to the Air Force's 
compilation of systems of records notices.

Categories of individuals covered by the system:
    Department of Defense (DoD) military Component Active Duty, Reserve 
and Guard personnel; civilian employees and members of the public 
involved in complaints or investigations relating to the Equal 
Opportunity and Sexual Assault Prevention and Response Programs.

Categories of records in the system:
    Complainant's full name, Social Security Number (SSN), 
correspondence and records concerning incidents or complaint data, 
endorsements and recommendations, formal and informal complaints of 
unlawful discrimination, sexual harassment, sexual assault, and 
clarifications/investigations concerning aspects of equal opportunity 
or sexual assault. Records/forms necessary to conduct background checks 
for Sexual Assault Response personnel/volunteers.

Authority for maintenance of the system:
    10 U.S.C. 8013, Secretary of the Air Force; Pub. L. 105-85, section 
591; AFPD 36-27, Social Actions; Air Force Instruction 36-2706, 
Military Equal Opportunity and Treatment Program; For Sexual Assault: 
Pub L. 108-375, as amended and supplemented, October 28, 2004, Section 
577(e); AFPD 36-60, Sexual Assault Prevention and Response (SAPR) 
Program and E.O. 9397 (SSN).

Purpose(s):
    To investigate and resolve complaints of unlawful discrimination 
and sexual harassment under the Equal Opportunity Program, and to 
maintain records created as a result of the filing of allegations and 
appeals involving unlawful discrimination because of

[[Page 4022]]

race, color, religion, sex, or national origin. To assist and provide 
victim services to victims of sexual assault under the Sexual Assault 
Prevention and Response Program, and to maintain records created as a 
result of restricted or unrestricted reporting of allegations of sexual 
assault under the Sexual Assault Prevention and Response Program.
    To conduct necessary background checks of Sexual Assault Prevention 
and Response Program volunteers/personnel.
    To report information as required by the FY 98 National Defense 
Authorization Act, and used as a data source for descriptive 
statistics.

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(3) as follows:
    In cases of confirmed sexual harassment, identification of 
complainant and offender will be provided to congressional committees 
as required by the FY 98 National Defense Authorization Act. In cases 
of unrestricted or restricted reports, release of identification of 
complainant and offender may be provided for official purposes 
consistent with guidance from the DoD Sexual Assault Prevention and 
Response Office.
    The DoD ``Blanket Routine Uses'' published at the beginning of the 
Air Force'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:
    By complainant's name and/or Social Security Number.

Safeguards:
    Paper records are maintained in locked file cabinets, locked desk 
drawers or locked offices. Computer records are password protected and 
limited to personnel authorized access to the records in order to 
accomplish their official duties; encryption of information in the 
records may also be required. Records are also accessed by personnel 
responsible for servicing the records in performance of their official 
duties who are properly screened and cleared for need-to-know.

Retention and disposal:
    Retained for two years and then destroyed.

System manager(s) and addresses:
    Air Force Equal Opportunity Office (AF/A1Q), 1040 Air Force 
Pentagon, Washington DC 20330-1040.
    Air Force Sexual Assault Prevention and Response Office (AF/A1SF), 
1040 Air Force Pentagon, Washington DC 20330-1040.

Notification procedures:
    Individuals seeking to determine whether this system of records 
contains information on themselves should address written inquiries to 
Air Force Equal Opportunity (AF/A1Q), 1040 Air Force Pentagon, 
Washington DC 20330-1040 or Air Force Sexual Assault Prevention and 
Response (AF/A1SF), 1040 Air Force Pentagon, Washington DC 20330-1040. 
Official mailing addresses are published as an appendix to the Air 
Force's compilation of systems of records notices.
    Individuals should provide their full name, Social Security Number 
(SSN) and notarized signature.

Record access procedures:
    Individuals seeking access to records about themselves contained in 
this system should address written requests to Air Force Equal 
Opportunity (AF/A1Q), 1040 Air Force Pentagon, Washington DC 20330-1040 
or Air Force Sexual Assault Prevention and Response (AF/A1SF), 1040 Air 
Force Pentagon, Washington DC 20330-1040. Official mailing addresses 
are published as an appendix to the Air Force's compilation of systems 
of records notices.
    Individuals should provide their full name, Social Security Number 
(SSN) and notarized signature.

Contesting record procedures:
    The Air Force rules for accessing records, and for contesting 
contents and appealing initial agency determinations are published in 
Air Force Instruction 33-332; 32 CFR part 806b; or may be obtained from 
the system manager.

Record source categories:
    Information obtained from the complainants and alleged victims, 
witnesses and other individuals, investigative reports, DoD and 
Component records and reports.

Exemptions claimed for the system:
    Investigatory material compiled for law enforcement purposes may be 
exempt pursuant to 5 U.S.C. 552a(k)(2). However, if an individual is 
denied any right, privilege, or benefit for which he would otherwise be 
entitled by Federal law or for which he would otherwise be eligible, as 
a result of the maintenance of such information, the individual will be 
provided access to such information except to the extent that 
disclosure would reveal the identity of a confidential source.
    An exemption rule for this record system has been promulgated in 
accordance with the requirements of 5 U.S.C. 553(b)(1), (2), and (3), 
(c) and (e) and published in 32 CFR part 806b. For additional 
information contact the system manager.

[FR Doc. E9-1245 Filed 1-21-09; 8:45 am]
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