Privacy Act of 1974; System of Records, 21258-21260 [2010-9390]

Agencies

• DEPARTMENT OF DEFENSE
• Department of the Army
• Army Department

[Federal Register Volume 75, Number 78 (Friday, April 23, 2010)]
[Notices]
[Pages 21258-21260]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-9390]



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DEPARTMENT OF DEFENSE

Department of the Army

[Docket ID: USA-2010-0003]


Privacy Act of 1974; System of Records

AGENCY: Department of the Army, DoD.

ACTION: Notice to alter a system of records.

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SUMMARY: Department of the Army proposes to alter a 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 
May 24, 2010 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, 1160 
Defense Pentagon, Washington, DC 20301-1160.
    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: Mr. Leroy Jones at (703) 428-6185.

SUPPLEMENTARY INFORMATION: Department of the Army 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 Department of the Army, Privacy Office, U.S. Army Records 
Management and Declassification Agency, 7701 Telegraph Road, Casey 
Building, Suite 144, Alexandria, VA 22325-3905.
    The proposed system report, as required by 5 U.S.C. 552a(r) of the 
Privacy Act of 1974, as amended, was submitted on April 9, 2010, to the 
House Committee on 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'' (February 20, 1996; 61 FR 6427).

    Dated: April 19, 2010.
Mitchell S. Bryman,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
A0351-17b USMA

System name:
    U.S. Military Academy Personnel Cadet Records (August 9, 1996; 61 
FR 41595).
* * * * *

Changes:
System name:
    Delete entry and replace with ``U.S. Military Academy Management 
System Records.''
* * * * *

Categories of individuals covered by the system:
    Delete entry and replace with ``Present and former cadets and 
faculty of the U.S. Military Academy.''

Categories of records in the system:
    Delete entry and replace with ``Name, Social Security Number (SSN), 
military status, application and evaluations of cadet for admission; 
letters of recommendation/endorsement; academic achievements, awards, 
honors, grades, and transcripts; performance counseling; health, 
physical aptitude and abilities and athletic accomplishments, peer 
appraisals; supervisory assessments; suitability data, including honor 
code infractions and disposition. Basic biographical and historical 
summary of cadet's tenure at the U.S. Military Academy is maintained on 
cards in the Archives Office or on microfiche in the Cadet Records 
Section and as part of the system electronic backup. Academic 
contribution data (courses taught, research papers published, cadet 
activities supported) of faculty members is maintained.''
* * * * *

Purpose(s):
    Delete entry and replace with ``To record cadets appointment to the 
Academy, his/her scholastic and athletic achievements, performance, 
motivation, discipline, final standing, and potential as a military 
career officer. Also used to document faculty contributions as part of 
the academic and cadet development mission.''

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 of 1974, 
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:
    Academic transcripts may be provided to educational institutions 
for the purpose of admissions to further educational degree programs.
    The DoD `Blanket Routine Uses' set forth at the beginning of the 
Army's compilation of systems of records notices also apply to this 
system.
* * * * *

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

Safeguards:
    Delete entry and replace with ``Electronically and optically stored 
records are maintained in `fail-safe' system software with password-
protected access. Records are accessible only to authorized persons 
with a need-to-know who are properly screened, cleared and trained. 
Access is controlled through role based controls leveraging active 
directory authentication. Buildings employ alarms or rooms are 
security-controlled areas accessible only to authorized persons. Paper 
and electronic records are maintained in approved security containers. 
Paper and electronic records in the U.S. Army Investigative Records 
Repository are stored in security-controlled areas accessible only to 
authorized persons. Use of Common Access Card (CAC) is used to 
authenticate and lock out unauthorized access.''

Retention and disposal:
    Delete entry and replace with ``Records of cadets who are 
commissioned become part of his/her Official Military Personnel File. 
Records of individuals not commissioned are destroyed after 5 years. 
Microfilmed and electronic records maintained by U.S. Military Academy 
are permanent; hard copy files are destroyed after being microfilmed. 
Contribution data on faculty is permanently maintained.''

System manager(s) and address:
    Delete entry and replace with ``Chief, Software Engineering Branch, 
U.S. Military Academy, West Point, NY 10996-5000.''

[[Page 21259]]

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 Superintendent, U.S. 
Military Academy, West Point, NY 10996-5000.
    Individual should provide full name, Social Security Number (SSN) 
and military status or other information verifiable from the record 
itself.
    In addition, the requester must provide a notarized statement or an 
unsworn declaration made in accordance with 28 U.S.C. 1746, in the 
following format:
    If executed outside the United States: `I declare (or certify, 
verify, or state) under penalty of perjury under the laws of the United 
States of America that the foregoing is true and correct. Executed on 
(date). (Signature)'.
    If executed within the United States, its territories, possessions, 
or commonwealths: `I declare (or certify, verify, or state) under 
penalty of perjury that the foregoing is true and correct. Executed on 
(date). (Signature)'.''

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 the Superintendent, U.S. Military Academy, 
West Point, NY 10996-5000.
    Individual should provide full name, Social Security Number (SSN) 
and military status or other information verifiable from the record 
itself.
    In addition, the requester must provide a notarized statement or an 
unsworn declaration made in accordance with 28 U.S.C. 1746, in the 
following format:
    If executed outside the United States: `I declare (or certify, 
verify, or state) under penalty of perjury under the laws of the United 
States of America that the foregoing is true and correct. Executed on 
(date). (Signature)'.
    If executed within the United States, its territories, possessions, 
or commonwealths: `I declare (or certify, verify, or state) under 
penalty of perjury that the foregoing is true and correct. Executed on 
(date). (Signature)'.''
* * * * *
A0351-17b USMA

System name:
    U.S. Military Academy Management System Records.

System location:
    U.S. Military Academy, West Point, NY 10996-5000.

Categories of individuals covered by the system:
    Present and former cadets and faculty of the U.S. Military Academy.

Categories of records in the system:
    Name, Social Security Number (SSN), military status, application 
and evaluations of cadet for admission; letters of recommendation/
endorsement; academic achievements, awards, honors, grades, and 
transcripts; performance counseling; health, physical aptitude and 
abilities and athletic accomplishments, peer appraisals; supervisory 
assessments; suitability data, including honor code infractions and 
disposition. Basic biographical and historical summary of cadet's 
tenure at the U.S. Military Academy is maintained on cards in the 
Archives Office or on microfiche in the Cadet Records Section and as 
part of the system electronic backup. Academic contribution data 
(courses taught, research papers published, cadet activities supported) 
of faculty members is maintained.

Authority for maintenance of the system:
    10 U.S.C. 3013, Secretary of the Army; 10 U.S.C. 4334, Command and 
Supervision and E.O. 9397 (SSN), as amended.

Purpose(s):
    To record cadet's appointment to the Academy, his/her scholastic 
and athletic achievements, performance, motivation, discipline, final 
standing and potential as a military career officer. Also used to 
document faculty contributions as part of the academic and cadet 
development mission.

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 of 1974, 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:
    Academic transcripts may be provided to educational institutions 
for the purpose of admissions to further educational degree programs.
    The `Blanket Routine Uses' set forth at the beginning of the Army's 
compilation of systems of records notices also apply to this system.

Policies and practices for storing, retrieving, accessing, retaining, 
and disposing of records in the system:
Storage:
    Manual records in file folders and electronic storage media.

Retrievability:
    By surname or Social Security Number (SSN).

Safeguards:
    Electronically and optically stored records are maintained in 
`fail-safe' system software with password-protected access. Records are 
accessible only to authorized persons with a need-to-know who are 
properly screened, cleared and trained. Access is controlled through 
role-based controls leveraging active directory authentication. 
Buildings employ alarms or rooms are security-controlled areas 
accessible only to authorized persons. Paper and electronic records are 
maintained in approved security containers. Paper and electronic 
records in the U.S. Army Investigative Records Repository are stored in 
security-controlled areas accessible only to authorized persons. Use of 
Common Access Card (CAC) is used to authenticate and lock out 
unauthorized access.

Retention and disposal:
    Records of cadets who are commissioned become part of his/her 
Official Military Personnel File. Records of individuals not 
commissioned are destroyed after 5 years. Microfilmed and electronic 
records maintained by USMA are permanent; hard copy files are destroyed 
after being microfilmed. Contribution data on faculty is permanently 
maintained.

System manager(s) and address:
    Chief, Software Engineering Branch, U.S. Military Academy, West 
Point, NY 10996-5000.

Notification procedure:
    Individuals seeking to determine whether information about 
themselves is contained in this system of records should address 
written inquiries to the Superintendent, U.S. Military Academy, West 
Point, NY 10996-5000.
    Individual should provide full name, Social Security Number (SSN) 
and military status or other information verifiable from the record 
itself.
    In addition, the requester must provide a notarized statement or an 
unsworn declaration made in accordance with 28 U.S.C. 1746, in the 
following format:
    If executed outside the United States: `I declare (or certify, 
verify, or state) under penalty of perjury under the laws of the United 
States of America that the foregoing is true and correct. Executed on 
(date). (Signature)'.
    If executed within the United States, its territories, possessions, 
or commonwealths: `I declare (or certify,

[[Page 21260]]

verify, or state) under penalty of perjury that the foregoing is true 
and correct. Executed on (date). (Signature)'.

Record access procedures:
    Individuals seeking access to information about themselves 
contained in this system of records should address written inquiries to 
the Superintendent, U.S. Military Academy, West Point, NY 10996-5000.
    Individual should provide full name, Social Security Number (SSN) 
and military status or other information verifiable from the record 
itself.
    In addition, the requester must provide a notarized statement or an 
unsworn declaration made in accordance with 28 U.S.C. 1746, in the 
following format:
    If executed outside the United States: `I declare (or certify, 
verify, or state) under penalty of perjury under the laws of the United 
States of America that the foregoing is true and correct. Executed on 
(date). (Signature)'.
    If executed within the United States, its territories, possessions, 
or commonwealths: `I declare (or certify, verify, or state) under 
penalty of perjury that the foregoing is true and correct. Executed on 
(date). (Signature)'.

Contesting record procedures:
    The Army's rules for accessing records, and for contesting contents 
and appealing initial agency determinations are contained in Army 
Regulation 340-21; 32 CFR part 505; or may be obtained from the system 
manager.

Record source categories:
    From the individual, his/her sponsors, peer evaluations, grades and 
reports of U.S. Military Academy academic and physical education 
department heads, transcripts from other educational institutions, 
medical examination/assessments, supervisory counseling/performance 
reports.

Exemptions claimed for the system:
    Investigatory material compiled solely for the purpose of 
determining suitability, eligibility, or qualifications for Federal 
civilian employment, military service, Federal contracts, or access to 
classified information may be exempt pursuant to 5 U.S.C. 552a(k)(5), 
but only to the extent that such material would reveal the identity of 
a confidential source.
    Evaluation material used to determine potential for promotion in 
the Military Services may be exempt pursuant to 5 U.S.C. 552a(k)(7), 
but only to the extent that the disclosure of such material 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 505. For additional 
information contact the system manager.

[FR Doc. 2010-9390 Filed 4-22-10; 8:45 am]
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