Privacy Act of 1974; System of Records, 76423-76426 [2010-30715]

Download as PDF Federal Register / Vol. 75, No. 235 / Wednesday, December 8, 2010 / Notices 1 p.m. Briefing by the Defense Centers of Excellence 3 p.m. Closing Note: This agenda is subject to change. Special Accommodations: Reasonable accommodations will be made for those individuals with disabilities who request them. Requests for additional services should be directed to Joseph Jordon, (703) 325–6640, by Thursday, December 23, 2010. Dated: November 30, 2010. Morgan F. Park, Alternate OSD Federal Register Liaison Officer, Department of Defense. [FR Doc. 2010–30722 Filed 12–7–10; 8:45 am] BILLING CODE 5001–06–P DEPARTMENT OF DEFENSE Office of the Secretary Meeting of the Reserve Forces Policy Board (RFPB) Office of the Secretary of Defense Reserve Forces Policy Board, Department of Defense. ACTION: Notice of Advisory Committee Meeting. AGENCY: Pursuant to the Federal Advisory Committee Act of 1972 (5 U.S.C., Appendix, as amended), the Sunshine in the Government Act of 1976 (5 U.S.C. 552b, as amended), and 41 CFR 102–3.150, the Department of Defense announces the following Federal advisory committee meeting: Name of Committee: Reserve Forces Policy Board (RFPB). Date: Tuesday and Wednesday, January 24th and 25th, 2011. Time: 8 a.m.—4:30 p.m. (both days). Location: Meeting address is Rm 3E863, Pentagon, Arlington, VA. Mailing address is Reserve Forces Policy Board, 7300 Defense Pentagon, Washington, DC 20301–7300. Purpose of the Meeting: An open meeting of the Reserve Forces Policy Board. Agenda: The Board, acting through the Assistant Secretary of Defense for Reserve Affairs, is the principal policy advisor to the Secretary of Defense on matters relating to the Reserve Components. The Board will set forth the 2011 meeting schedule focusing on concerns regarding the future of the Reserve Components. Meeting Accessibility: Pursuant to 5 U.S.C. 552b, as amended, and 41 CFR 102–3.140 through 102–3.165, and the availability of space, this meeting is open to the public. To request a seat, contact the Designated Federal Officer jlentini on DSKJ8SOYB1PROD with NOTICES SUMMARY: VerDate Mar<15>2010 18:23 Dec 07, 2010 Jkt 223001 not later than 12/24/10 at 703–697– 4486, or by e-mail, RFPB@osd.mil. Written Statements: Pursuant to 41 CFR 102–3.105(j) and 102–3.140, the public or interested organizations may submit written statements to the membership of the Reserve Forces Policy Board at any time or in response to the stated agenda of a planned meeting. Written statements should be submitted to the Reserve Forces Policy Board’s Designated Federal Officer. The Designated Federal Officer’s contact information can be obtained from the GSA’s FACA Database—https:// www.fido.gov/facadatabase/public.asp. Written statements that do not pertain to a scheduled meeting of the Reserve Forces Policy Board may be submitted at any time. However, if individual comments pertain to a specific topic being discussed at a planned meeting then these statements must be submitted no later than five business days prior to the meeting in question. The Designated Federal Officer will review all submitted written statements and provide copies to all the committee members. FOR FURTHER INFORMATION CONTACT: Lt Col Julie A. Small, Designated Federal Officer, (703) 697–4486 (Voice), (703) 693–5371 (Facsimile), RFPB@osd.mil. Mailing address is Reserve Forces Policy Board, 7300 Defense Pentagon, Washington, DC 20301–7300. Web site: http://ra.defense.gov/rfpb/. Dated: November 30, 2010. Morgan F. Park, Alternate OSD Federal Register, Liaison Officer, Department of Defense. [FR Doc. 2010–30724 Filed 12–7–10; 8:45 am] BILLING CODE 5001–06–P DEPARTMENT OF DEFENSE Office of the Secretary Defense Intelligence Agency National Defense Intelligence College Board of Visitors Closed Meeting National Defense Intelligence College, Defense Intelligence Agency, Department of Defense. ACTION: Notice of Closed Meeting. AGENCY: Pursuant to the provisions of Subsection (d) of Section 10 of Public Law 92–463, as amended by section 5 of Public Law 94–409, notice is hereby given that a closed meeting of the Defense Intelligence Agency National Defense Intelligence College Board of Visitors has been scheduled as follows: DATES: Tuesday, January 18, 2011 (8 a.m. to 5 p.m.), and Wednesday, January 19, 2011 (8 a.m. to 12 p.m.). SUMMARY: PO 00000 Frm 00031 Fmt 4703 Sfmt 4703 76423 National Defense Intelligence College, Washington, DC 20340–5100. FOR FURTHER INFORMATION CONTACT: Dr. David R. Ellison, President, DIA National Defense Intelligence College, Washington, DC 20340–5100 (202–231– 3344). SUPPLEMENTARY INFORMATION: The entire meeting is devoted to the discussion of classified information as defined in Section 552b(c)(1), Title 5 of the U.S. Code and therefore will be closed. The Board will discuss several current critical intelligence issues and advise the Director, DIA, as to the successful accomplishment of the mission assigned to the National Defense Intelligence College. ADDRESSES: Dated: November 30, 2010. Morgan F. Park, Alternate OSD Federal Register Liaison Officer, Department of Defense. [FR Doc. 2010–30723 Filed 12–7–10; 8:45 am] BILLING CODE 5001–06–P DEPARTMENT OF DEFENSE Office of the Secretary [Docket ID: DOD–2010–OS–0157] Privacy Act of 1974; System of Records Office of the Secretary of Defense, DoD. ACTION: Notice to alter a system of records. AGENCY: The Office of the Secretary of Defense proposes to alter a system of records in its inventory of record systems subject to the Privacy Act of 1974 (5 U.S.C. 552a), as amended. DATES: This proposed action would be effective without further notice on January 7, 2011 unless comments are received which result in a contrary determination. ADDRESSES: You may submit comments, identified by docket number and/or Regulatory Information Number (RIN) and title, by any of the following methods: * Federal Rulemaking Portal: http:// www.regulations.gov. Follow the instructions for submitting comments. * Mail: Federal Docket Management System Office, Room 3C843, 1160 Defense Pentagon, Washington, DC 20301–1160. Instructions: All submissions received must include the agency name and docket number or Regulatory Information Number (RIN) for this Federal Register document. The general policy for comments and other SUMMARY: E:\FR\FM\08DEN1.SGM 08DEN1 76424 Federal Register / Vol. 75, No. 235 / Wednesday, December 8, 2010 / Notices submissions from members of the public is to make these submissions available for public viewing on the Internet at http://www.regulations.gov as they are received without change, including any personal identifiers or contact information. FOR FURTHER INFORMATION CONTACT: Chief, OSD/JS Privacy Office, Freedom of Information Directorate, Washington Headquarters Services, 1155 Defense Pentagon, Washington DC 20301–1155, Ms. Cindy Allard at (703) 588–6830. SUPPLEMENTARY INFORMATION: The Office of the Secretary of Defense 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 FOR FURTHER INFORMATION CONTACT address above. The proposed system report, as required by 5 U.S.C. 552a(r) of the Privacy Act of 1974, as amended, was submitted on November 24, 2010, 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 February 8, 1996 (February 20, 1996, 61 FR 6427). Dated: November 24, 2010. Morgan F. Park, Alternate OSD Federal Register Liaison Officer, Department of Defense. DWHS E04 SYSTEM NAME: Privacy Act Case Files (November 12, 2008 73 FR 6687. * * * * * CHANGES: jlentini on DSKJ8SOYB1PROD with NOTICES SYSTEM LOCATION: Delete entry and replace with ‘‘Washington Headquarters Services records: Freedom of Information Division, Executive Services Directorate, Washington Headquarters Services, 1155 Defense Pentagon, Washington, DC 20301–1155. DoD Educational Activity Records: Department of Defense Education Activity, Privacy Act Office, Executive Services Offices, Office of the Chief of Staff, 4040 North Fairfax Drive, Arlington, VA 22203–1634. Assistant Secretary of Defense (Health Affairs)/TRICARE Management Activity and Uniformed Services University of Health Sciences (USUHS): TRICARE Management Activity, ATTN: Freedom of Information Act Requester Service VerDate Mar<15>2010 18:23 Dec 07, 2010 Jkt 223001 Center, 16401 Centretech Parkway, Aurora, CO 80011–9066.’’ CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: Delete entry and replace with ‘‘Individuals who have requested documents and/or appeals under the provisions of the Privacy Act (PA) from the Offices of the Secretary of Defense, DoD Education Activity and the Assistant Secretary of Defense (Health Affairs)/TRICARE Management Activity; and attorneys representing individuals submitting such requests.’’ CATEGORIES OF RECORDS IN THE SYSTEM: Delete entry and replace with ‘‘Records created or compiled in response to Privacy Act requests and administrative appeals, individual’s name, request number, original and copies of requests and administrative appeals; responses to such requests and administrative appeals; all related memoranda, correspondence, notes, and other related or supporting documentation.’’ AUTHORITY FOR MAINTENANCE OF THE SYSTEM: Delete entry and replace with ‘‘5 U.S.C. 552a, The Privacy Act of 1974, as amended; 10 U.S.C. 113, Secretary of Defense, DoD Directive 5110.4, Washington Headquarters Services (WHS); DoD 5400.11–R, Department of Defense Privacy Program; Administrative Instruction 81, Privacy Program; 10 U.S.C. 2164, Department of Defense Domestic Dependent Elementary and Secondary Schools; 20 U.S.C. 921–932, Overseas Defense Dependent’s Education; DoD Directive 1342.20 Department of Defense Education Activity (DoDEA), DoD 5136.01, Assistant Secretary of Defense for Health Affairs (ASD(HA)); DoD Directive 5136.12, TRICARE Management Activity (TMA).’’ * * * * * SAFEGUARDS: Delete entry and replace with ‘‘Records are maintained in security containers with access only to officials whose access is based on requirements of assigned duties. Computer database access requires use of Common Access Card (CAC) login and role-based access by individuals who have a need-toknow.’’ * * * * * SYSTEM MANAGER(S) AND ADDRESS: Delete entry and replace with ‘‘For Washington Headquarters Services records: Office of the Secretary of Defense/Joint Staff Privacy Office, Office of Freedom of Information, Executive PO 00000 Frm 00032 Fmt 4703 Sfmt 4703 Services Directorate, Washington Headquarters Services, 1155 Defense Pentagon, Washington, DC 20301–1155. For DoD Education Activity records: Department of Defense Education Activity, Privacy Office, Executive Services Office, Office of the Chief of Staff, 4040 North Fairfax Drive, Arlington, VA 22203–1634. For Assistant Secretary of Defense (Health Affairs)/TRICARE Management Activity records: TRICARE Management Activity, Department of Defense, ATTN: TMA Privacy Officer, 5111 Leesburg Pike, Suite 810, Falls Church, VA, 22041–3206.’’ 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: For Washington Headquarters Services records: Chief, OSD/JS Privacy Office, Office of Freedom of Information, Executive Services Directorate, Washington Headquarters Services, 1155 Defense Pentagon, Washington, DC 20301–1155. Written requests should include the individual’s name. For DoD Education Activity records: Department of Defense Education Activity, Privacy Act Office, Executive Services Office, Office of the Chief of Staff, 4040 North Fairfax Drive, Arlington, VA 22203–1634. Written requests must include this system of record notice name and number, be in writing, signed, and provide evidence of the requester’s identity such as a copy of a photo ID or passport or similar document bearing the requester’s signature. For Assistant Secretary of Defense (Health Affairs)/TRICARE Management Activity records: TRICARE Management Activity, Department of Defense, ATTN: TMA Privacy Officer, 5111 Leesburg Pike, Suite 810, Falls Church, VA, 22041–3206. Written requests should include the individual’s name, mailing address and signature.’’ RECORD ACCESS PROCEDURES: Delete entry and replace with ‘‘Individuals seeking to access their record should address written inquiries to: For Washington Headquarters Services records: OSD/JS Freedom of Information Requester Service Center, Office of Freedom of Information, Executive Services Directorate, Washington, Headquarters Services, 1155 Defense Pentagon, Washington, DC 20301–1155. E:\FR\FM\08DEN1.SGM 08DEN1 Federal Register / Vol. 75, No. 235 / Wednesday, December 8, 2010 / Notices For DoD Education Activity records: Department of Defense Education Activity, Privacy Act Office, Executive Services Office, Office of the Chief of Staff, 4040 North Fairfax Drive, Arlington, VA 22203–1634. For Assistant Secretary of Defense (Health Affairs)/TRICARE Management Activity records: TRICARE Management Activity, ATTN: Freedom of Information Act Requester Service Center, 16401 Centretech Parkway, Aurora, CO 80011– 9066. Requests for access must include this system of record notice name and number, be in writing, signed, and provide evidence of the requester’s identity such as a copy of a photo ID or passport or similar document bearing the requester’s signature. Additionally for DoD Education Activity records: If a parent or legal guardian is requesting records pertaining to his or her minor child or ward, he/she must also provide evidence of that relationship. The parent may provide one of the following: A copy of the child’s school enrollment form signed by the parent, a copy of a divorce decree or travel order that includes the child’s name, an order of guardianship, or a declaration stating that he/she is the parent or legal guardian of the minor or incapacitated child.’’ Health Sciences (USUHS): TRICARE Management Activity, ATTN: Freedom of Information Act Requester Service Center, 16401 Centretech Parkway, Aurora, CO 80011–9066. CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM: CATEGORIES OF RECORDS IN THE SYSTEM: SAFEGUARDS: Records created or compiled in response to Privacy Act requests and administrative appeals, individual’s name, request number, original and copies of requests and administrative appeals; responses to such requests and administrative appeals; all related memoranda, correspondence, notes, and other related or supporting documentation. Records are maintained in security containers with access only to officials whose access is based on requirements of assigned duties. Computer database access requires use of Common Access Card (CAC) login and role-based access by individuals who have a need-toknow. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: DWHS E04 SYSTEM NAME: PURPOSE(S): Delete entry and replace with ‘‘The Office of the Secretary of Defense rules for accessing records, for contesting contents and appealing initial agency determinations are published in Office of the Secretary of Defense Administrative Instruction 81; 32 CFR part 311; or may be obtained from the system manager.’’ * * * * * Privacy Act Case Files. jlentini on DSKJ8SOYB1PROD with NOTICES SYSTEM LOCATION: Washington Headquarters Services records: Freedom of Information Division, Executive Services Directorate, Washington Headquarters Services, 1155 Defense Pentagon, Washington, DC 20301–1155. DoD Educational Activity records: Department of Defense Education Activity, Privacy Act Office, Executive Services Offices, Office of the Chief of Staff, 4040 North Fairfax Drive, Arlington, VA 22203–1634. Assistant Secretary of Defense (Health Affairs)/TRICARE Management Activity and Uniformed Services University of VerDate Mar<15>2010 18:23 Dec 07, 2010 Jkt 223001 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 the Office of the Secretary of Defense’s compilation of systems of records notices apply to this system. Individuals who have requested documents and/or appeals under the provisions of the Privacy Act (PA) from the Offices of the Secretary of Defense, DoD Education Activity and the Assistant Secretary of Defense (Health Affairs)/TRICARE Management Activity; and attorneys representing individuals submitting such requests. 5 U.S.C. 552a, The Privacy Act of 1974, as amended; 10 U.S.C. 113, Secretary of Defense, DoD Directive 5110.4, Washington Headquarters Services (WHS); DoD 5400.11–R, Department of Defense Privacy Program; Administrative Instruction 81, Privacy Program; 10 U.S.C. 2164, Department of Defense Domestic Dependent Elementary and Secondary Schools; 20 U.S.C. 921–932, Overseas Defense Dependent’s Education; DoD Directive 1342.20 Department of Defense Education Activity (DoDEA), DoD 5136.01, Assistant Secretary of Defense for Health Affairs (ASD(HA)); DoD Directive 5136.12, TRICARE Management Activity (TMA). CONTESTING RECORD PROCEDURES: 76425 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 of 1974, these records contained therein may specifically be disclosed outside the PO 00000 Frm 00033 Fmt 4703 Sfmt 4703 STORAGE: Paper records in file folders and electronic storage media. RETRIEVABILITY: By name and/or request number. RETENTION AND DISPOSAL: Responses granting access to all the requested records, destroy 2 years after the date of reply. Responding to requests for nonexistent records; to requesters who provide inadequate descriptions; and to those who fail to pay agency reproduction fees; destroy requests not appealed 2 years after date of reply; destroy appealed requests in accordance with the approved disposition instructions for related subject individual’s records or 3 years after final adjudication by the courts, whichever is later. Responses denying access to all or part of the records requested, destroy requests not appealed 5 years after date of reply. SYSTEM MANAGER(S) AND ADDRESS: For Washington Headquarters Services records: Office of the Secretary of Defense/Joint Staff Privacy Office, Office of Freedom of Information, Executive Services Directorate, Washington Headquarters Services, 1155 Defense Pentagon, Washington, DC 20301–1155. For DoD Education Activity records: Department of Defense Education Activity, Privacy Office, Executive Services Office, Office of the Chief of Staff, 4040 North Fairfax Drive, Arlington, VA 22203–1634. For Assistant Secretary of Defense (Health Affairs)/TRICARE Management Activity records: TRICARE Management Activity, Department of Defense, ATTN: TMA Privacy Officer, 5111 Leesburg Pike, Suite 810, Falls Church, VA, 22041–3206. E:\FR\FM\08DEN1.SGM 08DEN1 76426 Federal Register / Vol. 75, No. 235 / Wednesday, December 8, 2010 / Notices NOTIFICATION PROCEDURE: Individuals seeking to determine whether information about themselves is contained in this system of records should address written inquiries to: For Washington Headquarters Services records: Chief, OSD/JS Privacy Office, Office of Freedom of Information, Executive Services Directorate, Washington Headquarters Services, 1155 Defense Pentagon, Washington, DC 20301–1155. Written requests should include the individual’s name. For DoD Education Activity records: Department of Defense Education Activity, Privacy Act Office, Executive Services Office, Office of the Chief of Staff, 4040 North Fairfax Drive, Arlington, VA 22203–1634. Written requests must include this system of record notice name and number, be in writing, signed, and provide evidence of the requester’s identity such as a copy of a photo ID or passport or similar document bearing the requester’s signature. For Assistant Secretary of Defense (Health Affairs)/TRICARE Management Activity records: TRICARE Management Activity, Department of Defense, ATTN: TMA Privacy Officer, 5111 Leesburg Pike, Suite 810, Falls Church, VA, 22041–3206. Written requests should include the individual’s name, mailing address and signature. jlentini on DSKJ8SOYB1PROD with NOTICES RECORD ACCESS PROCEDURES: Individuals seeking to access their record should address written inquiries to: For Washington Headquarters Services records: OSD/JS Freedom of Information Requester Service Center, Office of Freedom of Information, Executive Services Directorate, Washington, Headquarters Services, 1155 Defense Pentagon, Washington, DC 20301–1155. For DoD Education Activity records: Department of Defense Education Activity, Privacy Act Office, Executive Services Office, Office of the Chief of Staff, 4040 North Fairfax Drive, Arlington, VA 22203–1634. For Assistant Secretary of Defense (Health Affairs)/TRICARE Management Activity records: TRICARE Management Activity, ATTN: Freedom of Information Act Requester Service Center, 16401 Centretech Parkway, Aurora, CO 80011– 9066. Requests for access must include this system of record notice name and number, be in writing, signed, and provide evidence of the requester’s identity such as a copy of a photo ID or VerDate Mar<15>2010 18:23 Dec 07, 2010 Jkt 223001 passport or similar document bearing the requester’s signature. Additionally for DoD Education Activity records: If a parent or legal guardian is requesting records pertaining to his or her minor child or ward, he/she must also provide evidence of that relationship. The parent may provide one of the following: A copy of the child’s school enrollment form signed by the parent, a copy of a divorce decree or travel order that includes the child’s name, an order of guardianship, or a declaration stating that he/she is the parent or legal guardian of the minor or incapacitated child. The Office of the Secretary of Defense rules for accessing records, for contesting contents and appealing initial agency determinations are published in Office of the Secretary of Defense 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 Frm 00034 Fmt 4703 Sfmt 4703 [FR Doc. 2010–30715 Filed 12–7–10; 8:45 am] BILLING CODE 5001–06–P DEPARTMENT OF DEFENSE Office of the Secretary [Docket ID: DOD–2010–OS–0162] Privacy Act of 1974; System of Records Defense Information Systems Agency, DoD. ACTION: Notice to alter a system of records. AGENCY: The Defense Information Systems Agency is altering 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 January 7, 2011 unless comments are received which result in a contrary determination. ADDRESSES: You may submit comments, identified by docket number and/or Regulatory Information Number (RIN) and title, by any of the following methods: • Federal Rulemaking Portal: http:// www.regulations.gov. Follow the instructions for submitting comments. • Mail: Federal Docket Management System Office, Room 3C843, 1160 Defense Pentagon, Washington, DC 20301–1160. Instructions: All submissions received must include the agency name and docket number or Regulatory Information Number (RIN) 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 http://www.regulations.gov as they are received without change, including any personal identifiers or contact information. FOR FURTHER INFORMATION CONTACT: Defense Information Systems Agency, 5600 Columbia Pike, Room 933–I, Falls Church, VA 22041–2705, or Ms. Jeanette M. Weathers-Jenkins at (703) 681–2409. SUPPLEMENTARY INFORMATION: The Defense Information Systems Agency system 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 FOR FURTHER INFORMATION CONTACT address above. SUMMARY: CONTESTING RECORD PROCEDURES: PO 00000 CFR part 311. For additional information contact the system manager. E:\FR\FM\08DEN1.SGM 08DEN1

Agencies

[Federal Register Volume 75, Number 235 (Wednesday, December 8, 2010)]
[Notices]
[Pages 76423-76426]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-30715]


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

DEPARTMENT OF DEFENSE

Office of the Secretary

[Docket ID: DOD-2010-OS-0157]


Privacy Act of 1974; System of Records

AGENCY: Office of the Secretary of Defense, DoD.

ACTION: Notice to alter a system of records.

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

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

DATES: This proposed action would be effective without further notice 
on January 7, 2011 unless comments are received which result in a 
contrary determination.

ADDRESSES: You may submit comments, identified by docket number and/or 
Regulatory Information Number (RIN) and title, by any of the following 
methods:
    * Federal Rulemaking Portal: http://www.regulations.gov. Follow the 
instructions for submitting comments.
    * Mail: Federal Docket Management System Office, Room 3C843, 1160 
Defense Pentagon, Washington, DC 20301-1160.
    Instructions: All submissions received must include the agency name 
and docket number or Regulatory Information Number (RIN) for this 
Federal Register document. The general policy for comments and other

[[Page 76424]]

submissions from members of the public is to make these submissions 
available for public viewing on the Internet at http://www.regulations.gov as they are received without change, including any 
personal identifiers or contact information.

FOR FURTHER INFORMATION CONTACT: Chief, OSD/JS Privacy Office, Freedom 
of Information Directorate, Washington Headquarters Services, 1155 
Defense Pentagon, Washington DC 20301-1155, Ms. Cindy Allard at (703) 
588-6830.

SUPPLEMENTARY INFORMATION: The Office of the Secretary of Defense 
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 FOR FURTHER INFORMATION CONTACT address 
above.
    The proposed system report, as required by 5 U.S.C. 552a(r) of the 
Privacy Act of 1974, as amended, was submitted on November 24, 2010, 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 February 8, 1996 (February 20, 1996, 61 FR 6427).

    Dated: November 24, 2010.
Morgan F. Park,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
DWHS E04

SYSTEM NAME:
    Privacy Act Case Files (November 12, 2008 73 FR 6687.
* * * * *

CHANGES:
SYSTEM LOCATION:
    Delete entry and replace with ``Washington Headquarters Services 
records: Freedom of Information Division, Executive Services 
Directorate, Washington Headquarters Services, 1155 Defense Pentagon, 
Washington, DC 20301-1155.
    DoD Educational Activity Records: Department of Defense Education 
Activity, Privacy Act Office, Executive Services Offices, Office of the 
Chief of Staff, 4040 North Fairfax Drive, Arlington, VA 22203-1634.
    Assistant Secretary of Defense (Health Affairs)/TRICARE Management 
Activity and Uniformed Services University of Health Sciences (USUHS): 
TRICARE Management Activity, ATTN: Freedom of Information Act Requester 
Service Center, 16401 Centretech Parkway, Aurora, CO 80011-9066.''

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Delete entry and replace with ``Individuals who have requested 
documents and/or appeals under the provisions of the Privacy Act (PA) 
from the Offices of the Secretary of Defense, DoD Education Activity 
and the Assistant Secretary of Defense (Health Affairs)/TRICARE 
Management Activity; and attorneys representing individuals submitting 
such requests.''

CATEGORIES OF RECORDS IN THE SYSTEM:
    Delete entry and replace with ``Records created or compiled in 
response to Privacy Act requests and administrative appeals, 
individual's name, request number, original and copies of requests and 
administrative appeals; responses to such requests and administrative 
appeals; all related memoranda, correspondence, notes, and other 
related or supporting documentation.''

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    Delete entry and replace with ``5 U.S.C. 552a, The Privacy Act of 
1974, as amended; 10 U.S.C. 113, Secretary of Defense, DoD Directive 
5110.4, Washington Headquarters Services (WHS); DoD 5400.11-R, 
Department of Defense Privacy Program; Administrative Instruction 81, 
Privacy Program; 10 U.S.C. 2164, Department of Defense Domestic 
Dependent Elementary and Secondary Schools; 20 U.S.C. 921-932, Overseas 
Defense Dependent's Education; DoD Directive 1342.20 Department of 
Defense Education Activity (DoDEA), DoD 5136.01, Assistant Secretary of 
Defense for Health Affairs (ASD(HA)); DoD Directive 5136.12, TRICARE 
Management Activity (TMA).''
* * * * *

SAFEGUARDS:
    Delete entry and replace with ``Records are maintained in security 
containers with access only to officials whose access is based on 
requirements of assigned duties. Computer database access requires use 
of Common Access Card (CAC) login and role-based access by individuals 
who have a need-to-know.''
* * * * *

SYSTEM MANAGER(S) AND ADDRESS:
    Delete entry and replace with ``For Washington Headquarters 
Services records: Office of the Secretary of Defense/Joint Staff 
Privacy Office, Office of Freedom of Information, Executive Services 
Directorate, Washington Headquarters Services, 1155 Defense Pentagon, 
Washington, DC 20301-1155.
    For DoD Education Activity records: Department of Defense Education 
Activity, Privacy Office, Executive Services Office, Office of the 
Chief of Staff, 4040 North Fairfax Drive, Arlington, VA 22203-1634.
    For Assistant Secretary of Defense (Health Affairs)/TRICARE 
Management Activity records: TRICARE Management Activity, Department of 
Defense, ATTN: TMA Privacy Officer, 5111 Leesburg Pike, Suite 810, 
Falls Church, VA, 22041-3206.''

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:
    For Washington Headquarters Services records: Chief, OSD/JS Privacy 
Office, Office of Freedom of Information, Executive Services 
Directorate, Washington Headquarters Services, 1155 Defense Pentagon, 
Washington, DC 20301-1155.
    Written requests should include the individual's name.
    For DoD Education Activity records: Department of Defense Education 
Activity, Privacy Act Office, Executive Services Office, Office of the 
Chief of Staff, 4040 North Fairfax Drive, Arlington, VA 22203-1634.
    Written requests must include this system of record notice name and 
number, be in writing, signed, and provide evidence of the requester's 
identity such as a copy of a photo ID or passport or similar document 
bearing the requester's signature.
    For Assistant Secretary of Defense (Health Affairs)/TRICARE 
Management Activity records: TRICARE Management Activity, Department of 
Defense, ATTN: TMA Privacy Officer, 5111 Leesburg Pike, Suite 810, 
Falls Church, VA, 22041-3206.
    Written requests should include the individual's name, mailing 
address and signature.''

RECORD ACCESS PROCEDURES:
    Delete entry and replace with ``Individuals seeking to access their 
record should address written inquiries to:
    For Washington Headquarters Services records: OSD/JS Freedom of 
Information Requester Service Center, Office of Freedom of Information, 
Executive Services Directorate, Washington, Headquarters Services, 1155 
Defense Pentagon, Washington, DC 20301-1155.

[[Page 76425]]

    For DoD Education Activity records: Department of Defense Education 
Activity, Privacy Act Office, Executive Services Office, Office of the 
Chief of Staff, 4040 North Fairfax Drive, Arlington, VA 22203-1634.
    For Assistant Secretary of Defense (Health Affairs)/TRICARE 
Management Activity records: TRICARE Management Activity, ATTN: Freedom 
of Information Act Requester Service Center, 16401 Centretech Parkway, 
Aurora, CO 80011-9066.
    Requests for access must include this system of record notice name 
and number, be in writing, signed, and provide evidence of the 
requester's identity such as a copy of a photo ID or passport or 
similar document bearing the requester's signature.
    Additionally for DoD Education Activity records: If a parent or 
legal guardian is requesting records pertaining to his or her minor 
child or ward, he/she must also provide evidence of that relationship. 
The parent may provide one of the following: A copy of the child's 
school enrollment form signed by the parent, a copy of a divorce decree 
or travel order that includes the child's name, an order of 
guardianship, or a declaration stating that he/she is the parent or 
legal guardian of the minor or incapacitated child.''

CONTESTING RECORD PROCEDURES:
    Delete entry and replace with ``The Office of the Secretary of 
Defense rules for accessing records, for contesting contents and 
appealing initial agency determinations are published in Office of the 
Secretary of Defense Administrative Instruction 81; 32 CFR part 311; or 
may be obtained from the system manager.''
* * * * *
DWHS E04

SYSTEM NAME:
    Privacy Act Case Files.

SYSTEM LOCATION:
    Washington Headquarters Services records: Freedom of Information 
Division, Executive Services Directorate, Washington Headquarters 
Services, 1155 Defense Pentagon, Washington, DC 20301-1155.
    DoD Educational Activity records: Department of Defense Education 
Activity, Privacy Act Office, Executive Services Offices, Office of the 
Chief of Staff, 4040 North Fairfax Drive, Arlington, VA 22203-1634.
    Assistant Secretary of Defense (Health Affairs)/TRICARE Management 
Activity and Uniformed Services University of Health Sciences (USUHS): 
TRICARE Management Activity, ATTN: Freedom of Information Act Requester 
Service Center, 16401 Centretech Parkway, Aurora, CO 80011-9066.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Individuals who have requested documents and/or appeals under the 
provisions of the Privacy Act (PA) from the Offices of the Secretary of 
Defense, DoD Education Activity and the Assistant Secretary of Defense 
(Health Affairs)/TRICARE Management Activity; and attorneys 
representing individuals submitting such requests.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Records created or compiled in response to Privacy Act requests and 
administrative appeals, individual's name, request number, original and 
copies of requests and administrative appeals; responses to such 
requests and administrative appeals; all related memoranda, 
correspondence, notes, and other related or supporting documentation.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    5 U.S.C. 552a, The Privacy Act of 1974, as amended; 10 U.S.C. 113, 
Secretary of Defense, DoD Directive 5110.4, Washington Headquarters 
Services (WHS); DoD 5400.11-R, Department of Defense Privacy Program; 
Administrative Instruction 81, Privacy Program; 10 U.S.C. 2164, 
Department of Defense Domestic Dependent Elementary and Secondary 
Schools; 20 U.S.C. 921-932, Overseas Defense Dependent's Education; DoD 
Directive 1342.20 Department of Defense Education Activity (DoDEA), DoD 
5136.01, Assistant Secretary of Defense for Health Affairs (ASD(HA)); 
DoD Directive 5136.12, TRICARE Management Activity (TMA).

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 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:
    The DoD `Blanket Routine Uses' set forth at the beginning of the 
Office of the Secretary of Defense'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 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 database access requires use of Common Access Card (CAC) login 
and role-based access by individuals who have a need-to-know.

RETENTION AND DISPOSAL:
    Responses granting access to all the requested records, destroy 2 
years after the date of reply. Responding to requests for nonexistent 
records; to requesters who provide inadequate descriptions; and to 
those who fail to pay agency reproduction fees; destroy requests not 
appealed 2 years after date of reply; destroy appealed requests in 
accordance with the approved disposition instructions for related 
subject individual's records or 3 years after final adjudication by the 
courts, whichever is later. Responses denying access to all or part of 
the records requested, destroy requests not appealed 5 years after date 
of reply.

SYSTEM MANAGER(S) AND ADDRESS:
    For Washington Headquarters Services records: Office of the 
Secretary of Defense/Joint Staff Privacy Office, Office of Freedom of 
Information, Executive Services Directorate, Washington Headquarters 
Services, 1155 Defense Pentagon, Washington, DC 20301-1155.
    For DoD Education Activity records: Department of Defense Education 
Activity, Privacy Office, Executive Services Office, Office of the 
Chief of Staff, 4040 North Fairfax Drive, Arlington, VA 22203-1634.
    For Assistant Secretary of Defense (Health Affairs)/TRICARE 
Management Activity records: TRICARE Management Activity, Department of 
Defense, ATTN: TMA Privacy Officer, 5111 Leesburg Pike, Suite 810, 
Falls Church, VA, 22041-3206.

[[Page 76426]]

NOTIFICATION PROCEDURE:
    Individuals seeking to determine whether information about 
themselves is contained in this system of records should address 
written inquiries to:
    For Washington Headquarters Services records: Chief, OSD/JS Privacy 
Office, Office of Freedom of Information, Executive Services 
Directorate, Washington Headquarters Services, 1155 Defense Pentagon, 
Washington, DC 20301-1155.
    Written requests should include the individual's name.
    For DoD Education Activity records: Department of Defense Education 
Activity, Privacy Act Office, Executive Services Office, Office of the 
Chief of Staff, 4040 North Fairfax Drive, Arlington, VA 22203-1634.
    Written requests must include this system of record notice name and 
number, be in writing, signed, and provide evidence of the requester's 
identity such as a copy of a photo ID or passport or similar document 
bearing the requester's signature.
    For Assistant Secretary of Defense (Health Affairs)/TRICARE 
Management Activity records: TRICARE Management Activity, Department of 
Defense, ATTN: TMA Privacy Officer, 5111 Leesburg Pike, Suite 810, 
Falls Church, VA, 22041-3206.
    Written requests should include the individual's name, mailing 
address and signature.

RECORD ACCESS PROCEDURES:
    Individuals seeking to access their record should address written 
inquiries to:
    For Washington Headquarters Services records: OSD/JS Freedom of 
Information Requester Service Center, Office of Freedom of Information, 
Executive Services Directorate, Washington, Headquarters Services, 1155 
Defense Pentagon, Washington, DC 20301-1155.
    For DoD Education Activity records: Department of Defense Education 
Activity, Privacy Act Office, Executive Services Office, Office of the 
Chief of Staff, 4040 North Fairfax Drive, Arlington, VA 22203-1634.
    For Assistant Secretary of Defense (Health Affairs)/TRICARE 
Management Activity records: TRICARE Management Activity, ATTN: Freedom 
of Information Act Requester Service Center, 16401 Centretech Parkway, 
Aurora, CO 80011-9066.
    Requests for access must include this system of record notice name 
and number, be in writing, signed, and provide evidence of the 
requester's identity such as a copy of a photo ID or passport or 
similar document bearing the requester's signature.
    Additionally for DoD Education Activity records: If a parent or 
legal guardian is requesting records pertaining to his or her minor 
child or ward, he/she must also provide evidence of that relationship. 
The parent may provide one of the following: A copy of the child's 
school enrollment form signed by the parent, a copy of a divorce decree 
or travel order that includes the child's name, an order of 
guardianship, or a declaration stating that he/she is the parent or 
legal guardian of the minor or incapacitated child.

CONTESTING RECORD PROCEDURES:
    The Office of the Secretary of Defense rules for accessing records, 
for contesting contents and appealing initial agency determinations are 
published in Office of the Secretary of Defense 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.

[FR Doc. 2010-30715 Filed 12-7-10; 8:45 am]
BILLING CODE 5001-06-P