Privacy Act of 1974; System of Records, 46228-46231 [2021-17694]

Agencies

• DEPARTMENT OF DEFENSE
• Office of the Secretary

[Federal Register Volume 86, Number 157 (Wednesday, August 18, 2021)]
[Notices]
[Pages 46228-46231]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-17694]


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DEPARTMENT OF DEFENSE

Office of the Secretary

[Docket ID: DoD-2021-OS-0085]


Privacy Act of 1974; System of Records

AGENCY: Defense Threat Reduction Agency (DTRA), Department of Defense 
(DoD).

ACTION: Notice of a modified system of records.

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SUMMARY: The DTRA is modifying a system of records, titled ``Nuclear 
Test Participants,'' HDTRA 010. Each year, the DTRA uses this system of 
records to respond to over 700 atomic veteran radiogenic disease 
compensation inquiries from the Department of Justice (DOJ) and 
Department of Veterans Affairs (VA). The DTRA's responses include 
verification of participation in nuclear testing programs or military 
operations for presumptive claims, and radiation dose assessments for 
non-presumptive claims. The intended effect of modifying this SORN is 
to make updates associated with changes being made to the underlying 
information system that maintains these records.

DATES: This system of records modification is effective upon 
publication; however, comments on the Routine Uses will be accepted on 
or before September 17, 2021. The Routine Uses are effective at the 
close of the comment period.

ADDRESSES: You may submit comments, identified by docket number and, by 
any of the following methods:
     Federal Rulemaking Portal: https://www.regulations.gov.
    Follow the instructions for submitting comments.
     Mail: DoD cannot receive written comments at this time due 
to the COVID-19 pandemic. Comments should be sent electronically to the 
docket listed above.
    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

[[Page 46229]]

personal identifiers or contact information.

FOR FURTHER INFORMATION CONTACT: Ms. Pamela Andrews, DTRA Privacy 
Officer, Officer of the General Counsel, Freedom of Information Act and 
Privacy Office (FOIA/PA), 8725 John J. Kingman Road, MSC 6201, Fort 
Belvoir, VA 22060 or by calling (703) 767-1792.

SUPPLEMENTARY INFORMATION:

I. Background

    The DTRA is modifying the existing system of records to better 
reflect changes to the database that houses these records. The 
following sections of the system of records notice are being updated: 
security classification, purpose, categories of individuals, categories 
of records, record source categories, authorities, routine uses, 
storage, retrievability, safeguards, retention and disposal, system 
manager(s), notification procedures, record access procedures, and 
contesting record procedures.
    DTRA personnel and other DoD components use these records to help 
the VA and DOJ respond to claims and to provide data to organizations 
responsible for studies concerning the health effects of ionizing 
radiation. These records are used by DTRA employees to respond to over 
700 atomic veteran radiogenic disease compensation inquiries from the 
DOJ and the VA each year. DTRA personnel verify participation in 
nuclear testing programs or military operations for presumptive claims, 
and radiation dose assessments for non-presumptive claims. These 
modifications to the information system will increase DTRA's inquiry 
response accuracy while decreasing inquiry response time and improving 
information sharing with other government agencies.
    The DoD notices for systems of records subject to the Privacy Act 
of 1974, 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, Civil Liberties, and Transparency Division website 
at https://dpcld.defense.gov/privacy.

II. Privacy Act

    Under the Privacy Act, a ``system of records'' is a group of 
records under the control of an agency from which information is 
retrieved by the name of an individual or by some identifying number, 
symbol, or other identifying particular assigned to the individual. In 
the Privacy Act, an individual is defined as a U.S. citizen or lawful 
permanent resident.
    In accordance with 5 U.S.C. 552a(r) and Office of Management and 
Budget (OMB) Circular No. A-108, the DoD has provided a report of this 
system of records to the OMB and to Congress.

    Dated: August 12, 2021.
Aaron T. Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.

SYSTEM NAME AND NUMBER:
    Nuclear Test Participants, HDTRA 010.

SECURITY CLASSIFICATION:
    Unclassified.

SYSTEM LOCATION:
    Nuclear Test Personnel Review (NTPR) Office, Defense Threat 
Reduction Agency, 8725 John J. Kingman Road, Fort Belvoir, VA 22060-
6201.

SYSTEM MANAGER(S):
    NTPR Program Manager, Nuclear Test Personnel Review Office, Defense 
Threat Reduction Agency, 8725 John J. Kingman Road, Fort Belvoir, VA 
22060-6201. Email Address: [email protected].

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    42 U.S.C. 2013, ``Atomic Energy Act of 1954''; 42 U.S.C. 2210, 
``Radiation Exposure Compensation Act''; 38 U.S.C. 1154, ``Certain 
Diseases and Disabilities; 38 CFR 3.309, ``Disease Subject to 
Presumptive Service Connection''; 38 CFR 3.311, ``Claims Based on 
Exposure to Ionizing Radiation''; and E.O. 9397 (SSN), as amended.

PURPOSE(S) OF THE SYSTEM:
    These records comprise a comprehensive database containing 
information about participation and dose information for over 500,000 
individuals involved in United States atmospheric nuclear testing 
(1945-1962), the military occupation forces of Hiroshima and Nagasaki, 
Japan, or those who were prisoners of war (POWs) in Japan at the 
conclusion of World War II. The system similarly supports an analogous 
50,000 DoD personnel associated with U.S. underground nuclear weapon 
testing (1951-1992), and 6,000 DoD personnel associated with the 
radiological clean-up of the Pacific Proving Ground (1960s-1980). The 
NTRR Program has many elements designed to assist military and civilian 
test participants, to help the Department of Veterans Affairs (VA) and 
the Department of Justice (DOJ) in responding to atomic veteran 
radiogenic disease compensation claims, and to provide information to 
organizations responsible for studies concerning the health effects of 
ionizing radiation. These elements include the following: (a) 
Researching participation and establishing a register of DoD 
participants; (b) Collecting and analyzing all known sources of 
recorded dosimetry and radiation data applicable to participants, and 
reconstructing doses in cases where recorded doses are unavailable or 
incomplete; (c) Maintaining a comprehensive database of participation 
and dose information, along with supporting archival materials and 
documents; (d) Conducting an extensive public outreach program to 
ensure maximum interface with the supported participants; (e) 
Maintaining the history of each U.S. atmospheric nuclear weapons test 
operation; (f) Supporting studies to determine whether participants 
experience adverse health effects as a result of their test activities; 
and (g) Providing accurate and timely responses to requests for 
information from incoming inquiries.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Veterans and former DoD civilian participants of the U.S. nuclear 
testing programs from 1945 to 1992; U.S. military occupation forces 
assigned to Hiroshima or Nagasaki from August 6, 1945 to July 1, 1946; 
U.S. POWs in Japan at the conclusion of World War II; and DoD 
participants involved in the cleanup of the Pacific Proving Ground 
nuclear tests from the 1960s to 1980.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Name, service number, Social Security Number (SSN), date of birth, 
place of birth, gender, last known or current address, home/cell phone 
number, DoD ID number, dates and extent of test participation, 
radiation exposure data, unit of assignment, medical data, rank, grade, 
service affiliation, and documentation relative to administrative 
claims or civil litigation.

RECORD SOURCE CATEGORIES:
    Retired Military Personnel records from the National Personnel 
Records Center, all versions of the US DTRA Form 150 from individuals 
voluntarily contacting DTRA or other elements of DoD or other 
Government Agencies by phone or mail. DoD historical records, dosimetry 
records, and records from the Department of Energy (DOE), the VA, the 
Social Security Administration, the Internal Revenue Service, and the 
Department of Health and Human Services (HHS).

[[Page 46230]]

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, as amended, all or a portion of the 
records or information contained herein may specifically be disclosed 
outside the DoD as a routine use pursuant to 5 U.S.C. 552a(b)(3):
    A. To contractors, grantees, experts, consultants, students, and 
others performing or working on a contract, service, grant, cooperative 
agreement, or other assignment for the federal government when 
necessary to accomplish an agency function related to this system of 
records.
    B. To the appropriate Federal, State, local, territorial, tribal, 
foreign, or international law enforcement authority or other 
appropriate entity where a record, either alone or in conjunction with 
other information, indicates a violation or potential violation of law, 
whether criminal, civil, or regulatory in nature.
    C. To any component of the DOJ for the purpose of representing the 
DoD, or its components, officers, employees, or members in pending or 
potential litigation to which the record is pertinent.
    D. In an appropriate proceeding before a court, grand jury, or 
administrative or adjudicative body or official, when the DoD or other 
Agency representing the DoD determines that the records are relevant 
and necessary to the proceeding; or in an appropriate proceeding before 
an administrative or adjudicative body when the adjudicator determines 
the records to be relevant to the proceeding.
    E. To the National Archives and Records Administration (NARA) for 
the purpose of records management inspections conducted under the 
authority of 44 U.S.C. 2904 and 2906.
    F. To a Member of Congress or staff acting upon the Member's behalf 
when the Member or staff requests the information on behalf of, and at 
the request of, the individual who is the subject of the record.
    G. To appropriate agencies, entities, and persons when (1) the DoD 
suspects or confirms breach of the system of records; (2) the DoD 
determines as a result of the suspected or confirmed breach there is a 
risk of harm to individuals, the DoD (including its information 
systems, programs, and operations), the Federal Government, or national 
security; and (3) the disclosure made to such agencies, entities, and 
persons is reasonably necessary to assist in connection with the DoD's 
efforts to respond to the suspected or confirmed breach or to prevent, 
minimize, or remedy such harm.
    H. To another Federal agency or Federal entity, when the DoD 
determines information from this system of records is reasonably 
necessary to assist the recipient agency or entity in (1) responding to 
a suspected or confirmed breach or (2) preventing, minimizing, or 
remedying the risk of harm to individuals, the recipient agency or 
entity (including its information systems, programs and operations), 
the Federal Government, or national security, resulting from a 
suspected or confirmed breach.
    I. To such recipients and under such circumstances and procedures 
as are mandated by Federal statute or treaty.
    J. To the VA for the purpose of processing claims by individuals 
who allege service-connected disabilities as a result of participation 
in nuclear test programs or military operations, as well as litigation 
actions.
    K. To the DOJ and the Department of Labor (DOL) for the purpose of 
processing claims by individuals alleging job-related disabilities as a 
result of participation in nuclear test programs or military 
operations, and for litigation actions.
    L. To the DOE for the purpose of identifying DOE employees and 
contractor personnel who were, or may be in the future, involved in 
nuclear test programs or military operations and for DOE's use in 
processing claims or litigation actions.
    M. To the HHS and Vanderbilt University for the purpose of 
conducting epidemiological studies on the effects of ionizing radiation 
on participants of nuclear test programs.
    N. To the Veterans Board on Dose Reconstruction for the purpose of 
aiding officials reviewing and overseeing the DoD Radiation Dose 
Reconstruction Program.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    Records may be stored electronically or on paper in secure 
facilities in a locked drawer behind a locked door. The records may be 
stored on magnetic disc, tape, or digital media; in agency-owned cloud 
environments; or in vendor Cloud Service Offerings certified under the 
Federal Risk and Authorization Management Program (FedRAMP).

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    The records may be retrieved by name, SSN, DoD Identification 
Number, or any combination of the foregoing.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    Records are permanent. DTRA retains physical and legal custody for 
75 years after case termination, then the records are transferred and 
accessioned to the NARA.

ADMINISTRATIVE, TECHNICAL AND PHYSICAL SAFEGUARDS:
    Administrative: Backups secured off-site, encryption of backups 
containing sensitive data, methods to ensure only authorized personnel 
access to PII, periodic security audits, and records are limited to 
person(s) responsible for servicing the record in the performance of 
their official duties and who are properly screened and cleared for 
need-to-know. Technical: Encryption of data at rest, firewall, role-
based access controls, Virtual Private Network (VPN), Common Access 
Card (CAC), encryption of data in transit, intrusion detection system 
(IDS), DoD public key infrastructure certificates, least privilege 
access, user identification and password. Physical safeguards: Cipher 
locks, combination locks, key card, security guards, closed circuit 
(CCTV), identification badges, safes. Security Guards and CCTV are used 
at some sites. Records are maintained in a controlled facility and 
entry is restricted by the use of security guards and intrusion alarm 
systems. Paper records, microfilm/fiche, and computer systems are 
accessible only by authorized personnel. Access to digital data 
requires user validation prior to use.

RECORD ACCESS PROCEDURES:
    Individuals seeking access to information about themselves 
contained in this system of records should address written requests to 
the Defense Threat Reduction Agency, IT-KT (FOIA/Privacy Office), 8725 
John J. Kingman Drive, Ft. Belvoir, VA 22060-6201. Signed written 
requests should include the individual's full name, telephone number, 
street address, email address, and name and number of this system of 
records notice (SORN). In addition, the requestor must provide either a 
notarized statement or a declaration made in accordance with 28 U.S.C. 
1746, using 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

[[Page 46231]]

that the foregoing is true and correct. Executed on (date). 
(Signature).''
    For personal visits to access records at DTRA, the individual will 
be required to provide a military or civilian identification card.

CONTESTING RECORD PROCEDURES:
    The DoD rules for accessing records, contesting contents, and 
appealing initial Component determinations are contained in 32 CFR part 
310, or may be obtained from the system manager.

NOTIFICATION PROCEDURES:
    Individuals seeking to determine whether information about 
themselves is contained in this system of records should follow the 
instructions for Record Access Procedures above.

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    None.

HISTORY:
    August 26, 2009, 74 FR 54975; May 11, 2012, 77 FR 27739.

[FR Doc. 2021-17694 Filed 8-17-21; 8:45 am]
BILLING CODE 5001-06-P