Privacy Act of 1974; System of Records, 64584-64585 [2014-25820]

Agencies

• DEPARTMENT OF DEFENSE
• Office of the Secretary

[Federal Register Volume 79, Number 210 (Thursday, October 30, 2014)]
[Notices]
[Pages 64584-64585]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-25820]


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DEPARTMENT OF DEFENSE

Office of the Secretary

[Docket ID: DoD-2014-OS-0092]


Privacy Act of 1974; System of Records

AGENCY: Office of the Secretary of Defense, DoD.

ACTION: Notice to alter a System of Records.

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SUMMARY: The Office of the Secretary of Defense proposes to alter a 
system of records, DWHS E05, entitled ``Mandatory Declassification 
Review Files'', in its inventory of record systems subject to the 
Privacy Act of 1974, as amended. This system is used to process 
requests and/or appeals from individuals for the mandatory review of 
classified documents for the purposes of releasing declassified 
material to the public; and to provide a research resource of 
historical data on release of records to ensure consistency in 
subsequent actions. Data developed from this system is used for the 
annual report required by the applicable Executive Order(s) governing 
classified National Security Information. This data also serves 
management needs, by providing information about the number of 
requests; the type or category of records required; and the average 
processing time.

DATES: Comments will be accepted on or before December 1, 2014. This 
proposed action will be effective the date following the end of the 
comment period 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, 4800 Mark Center 
Drive, East Tower, 2nd Floor, Suite 02G09, Alexandria, VA 22350-3100.
    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: Ms. Cindy Allard, Chief, OSD/JS 
Privacy Office, Freedom of Information Directorate, Washington 
Headquarters Service, 1155 Defense Pentagon, Washington, DC 20301-1155, 
or by phone at (571) 372-0461.

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 address in FOR FURTHER INFORMATION CONTACT 
or at the Defense Privacy and Civil Liberties Office Web site at https://dpclo.defense .gov/.
    The proposed system report, as required by U.S.C. 552a(r) of the 
Privacy Act of 1974, as amended, was submitted on June 9, 2014, 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

[[Page 64585]]

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: October 27, 2014.
Aaron Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
DWHS E05

System name:
    Mandatory Declassification Review Files (October 28, 2011, 76 FR 
66916).

Changes:
* * * * *

System location:
    Delete entry and replace with ``Records and Declassification 
Division, Executive Services Directorate, 6564 Loisdale Court, 
Springfield, VA 22150-1827.''

Categories of individuals covered by the system:
    Delete entry and replace with ``Individuals requesting Mandatory 
Declassification Review (MDR) or appealing a MDR determination for 
access to records and information within the scope of the Offices of 
the Secretary of Defense (OSD).''

Categories of records in the system:
    Delete entry and replace with ``Requester's name, address, level of 
security clearance, source (organization of requester), source case 
number (if applicable), classification, received date, page numbers, 
OSD MDR case number and subject of the request.''

Authority for maintenance of the system:
    Delete entry and replace with ``E.O. 13526, Classified National 
Security Information; 32 CFR 2001.33, Mandatory Review for 
Declassification; and DoD Instruction 5200.01, DoD Information Security 
Program and Protection of Sensitive Compartmented Information.''

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

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, 
as amended, the records contained herein may specifically be disclosed 
outside the DoD as a routine use pursuant to 5 U.S.C. 552a(b)(3) as 
follows:
    To the National Archives and Records Administration, Interagency 
Security Classification Appeals Panel (ISCAP) for the purpose of 
complying with Executive Order 13526, to review administrative agency 
policies, procedures and to facilitate ISCAP offering of mediation 
services to resolve disputes between persons making Mandatory 
Declassification Review requests and administrative agencies.
    The DoD Blanket Routine Uses set forth at the beginning of the 
OSD's compilation of systems of records notices may apply to this 
system.''
* * * * *

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

Safeguards:
    Delete entry and replace with ``All classified material is stored 
in a Defense Security Service approved closed area which has a spin 
dial combination-lock, and requires badge and pin access. Paper records 
are maintained in security containers with access limited to officials 
having a need-to-know based on their assigned duties. All records are 
protected in accordance with the National Industrial Security Program 
Operating Manual and only accessed by individuals that have a need-to-
know based on their clearance and assigned duties.''

Retention and disposal:
    Delete entry and replace with ``Case files documenting requests for 
declassification are destroyed 10 years after resolution of request.''

System manager(s) and address:
    Delete entry and replace with ``Chief, Records and Declassification 
Division, Executive Services Directorate, 4800 Mark Center Drive, 
Alexandria, VA 20350-3200.''

Notification procedure:
    Delete entry and replace with ``Individuals seeking to determine 
whether information about themselves is contained in this system of 
records should address written inquiries to Chief, Records and 
Declassification Division, Executive Services Directorate, 4800 Mark 
Center Drive, Alexandria, VA 20350-3200.
    Written requests should include the individual's name and address 
of the individual at the time the record would have been created.''

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 Office of the Secretary of Defense/
Joint Staff, Freedom of Information Act Requester Service Center, 
Office of Freedom of Information, 1155 Defense Pentagon, Washington, DC 
20301-1155.
    Signed, written requests should include the name and number of this 
system of records notice along with the individual's name and address 
of the individual at the time the record would have been created.''
* * * * *

Record source categories:
    Delete entry and replace with ``Individual.''

Exemptions claimed for the system:
    Delete entry and replace with ``Information classified under E.O. 
12958, as implemented by DoD 5200.1-R, may be exempt pursuant to 5 
U.S.C. 552a(k)(1).
    An exemption rule for this system has been promulgated in 
accordance with requirements of 5 U.S.C. 552(d), and published in 32 
CFR part 311.8. For additional information contact the system 
manager.''

[FR Doc. 2014-25820 Filed 10-29-14; 8:45 am]
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