[Federal Register: March 28, 2007 (Volume 72, Number 59)]
[Notices]
[Page 14530-14534]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28mr07-47]
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DEPARTMENT OF DEFENSE
Office of the Secretary of Defense
Privacy Act of 1974; System of Records
AGENCY: Office of the Secretary, DoD.
ACTION: Notice to Amend Four Systems of Records.
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SUMMARY: The Office of the Secretary of Defense is amending four 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
April 27, 2007 unless comments are received which result in a contrary
determination.
ADDRESSES: Send comments to the OSD Privacy Act Coordinator, Records
Management Section, Washington Headquarters Services, 1155 Defense
Pentagon, Washington, DC 20301-1155.
FOR FURTHER INFORMATION CONTACT: Ms. Juanita Irvin at (703) 696-4940.
SUPPLEMENTARY INFORMATION : The Office of the Secretary of Defense
systems 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 address above.
The specific changes to the record systems being amended are set
forth below followed by the notice, as amended, published in its
entirety. The proposed amendments are not within the purview of
subsection (r) of the Privacy Act of 1974, (5 U.S.C. 552a), as amended,
which requires the submission of a new or altered system report.
L.M. Bynum
Alternative OSD Federal Register Liaison Officer, Department of
Defense.
DFOISR 05
Freedom of Information Act Case Files (November 29, 2002, 67 FR
71147) .
Changes:
System identifier:
Delete entry and replace with ``DWHS E02.''
* * * * *
System Location:
Delete entry and replace with ``Freedom of Information Division,
Executive Services Directorate, Washington Headquarters Services, 1155
Defense Pentagon, Washington, DC 20301-1155.''
* * * * *
System manager(s) and address:
Delete entry and replace with ``Chief, Freedom of Information
Division, Executive Services Directorate, Washington Headquarters
Services, 1155 Defense Pentagon, Washington, DC 20301-1155''.
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, Freedom of
Information Division, Executive Services Directorate, Washington
Headquarters Services, 1155 Defense Pentagon, Washington, DC 20301-
1155.
Written requests should include the individual's name.''
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 Chief, Freedom of Information Division,
Executive Services Directorate, Washington Headquarters Services, 1155
Defense Pentagon, Washington, DC 20301-1155. Written requests should
include the individual's name.
For personal visits to examine records, the individual should
provide a form of picture identification, i.e., a driver's license.''
* * * * *
DWHS E02
System name:
Freedom of Information Act Case Files.
System location:
Freedom of Information Division, Executive Services Directorate,
Washington Headquarters Services, 1155 Defense Pentagon, Washington, DC
20301-1155.
Categories of individuals covered by the system:
All individuals who submit Freedom of Information Act (FOIA)
requests and administrative appeals to the Office of the Secretary of
Defense, the Joint Staff, and other activities receiving administrative
FOIA support from Washington Headquarters Services (WHS); individuals
whose FOIA requests and/or records have been referred by other Federal
agencies to the WHS for release to the requester; attorneys
representing individuals submitting such requests and appeals;
individuals who are the subjects of such requests and appeals; and/or
the WHS personnel assigned to handle such requests and appeals.
Categories of records in the system:
Records created or compiled in response to FOIA requests and
administrative appeals, i.e., original requests and administrative
appeals; responses to such requests and administrative appeals; all
related memoranda, correspondence, notes and other related or
supporting documentation; and copies of requested records and records
under administrative appeal.
Authority for maintenance of the system:
5 U.S.C. 301, Departmental Regulations; 5 D.S.C. 552, The Freedom
of Information Act, as amended; and DoD 5400.7-R, DoD Freedom of
Information Act Program.
Purpose(s):
Information is being collected and maintained for the purpose of
processing FOIA 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 FOIA.
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
[[Page 14531]]
or information 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 OSD'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 folder and electronic storage media.
Retrievability:
Retrieved by name, subject matter, date of document, and request
number.
Safeguards:
Paper records are maintained in security containers with access
only to officials whose access is based on requirements of assigned
duties. Computer databases are password protected and accessed by
individuals who have a need-to-know.
Retention and disposal:
Paper records that are granted are destroyed 2 years after the date
of reply. Paper records that are denied in whole or part, no records
responses, responses to requesters who do not adequately describe
records being sought, or do not state a willingness to pay fees, and
records which are appealed or litigated are destroyed 6 years after
final action. Electronic records are deleted when no longer needed to
support Directorate business needs.
System manager(s) and address:
Chief, Freedom of Information Division, Executive Services
Directorate, Washington Headquarters Services, 1155 Defense Pentagon,
Washington, DC 20301-1155.
Notification procedure:
Individuals seeking to determine whether information about
themselves is contained in this system of records should address
written inquiries to Chief, Freedom of Information Division, Executive
Services Directorate, Washington Headquarters Services, 1155 Defense
Pentagon, Washington, DC 20301-1155.
Written requests should include the individual's name.
Record access procedures:
Individuals seeking access to information about themselves
contained in this system of records should address written inquiries to
Chief, Freedom of Information Division, Executive Services Directorate,
Washington Headquarters Services, 1155 Defense Pentagon, Washington, DC
20301-1155.
Written requests should include the individual's name.
For personal visits to examine records, the individual should
provide a form of picture identification, i.e., a driver's license.
Contesting record procedures:
The OSD rules for accessing records, for contesting contents and
appealing initial agency determinations are published in OSD
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 FOIA; 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; submitters of records; and information that have
provided assistance to the Department of Defense in making FOIA access
determinations.
Exemptions claimed for the system:
During the course of a FOIA action, exempt materials from other
systems of records may in turn become part of the case records in this
system. To the extent that copies of exempt records from those `other'
systems of records are entered into this FOIA case record, Washington
Headquarters Services hereby claims the same exemptions for the records
from those `other' systems that are entered into this system, as
claimed for the original primary systems of records of 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.
* * * * *
DFOISR 06
System name:
Security Review Index File (August 7, 2002, 67 FR 51235).
Changes:
System Identifier:
Delete entry and replace with ``DWHS E03.''
* * * * *
System Location:
Delete entry and replace with ``Freedom of Information Division,
Executive Services Directorate, Washington Headquarters Services, 1155
Defense Pentagon, Washington, DC 20301-1155.''
* * * * *
Storage:
Delete entry and replace with ``Paper records in file folders and
electronic storage media.''
* * * * *
System manager(s) and address:
Delete entry and replace with ``Chief, Freedom of Information
Division, Executive Services Directorate, Washington Headquarters
Services, 1155 Defense Pentagon, Washington, DC 20301-1155.''
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, Freedom of
Information Division, Executive Services Directorate, Washington
Headquarters Services, 1155 Defense Pentagon, Washington, DC 20301-
1155.
Written requests should include the individual's name and
organizational affiliation of the individual.''
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 Chief, Freedom of Information Division,
Executive Services Directorate, Washington Headquarters Services, 1155
Defense Pentagon, Washington, DC 20301-1155.
Written requests should include the individual's name and
organizational affiliation of the individual.
For personal visits to examine records, the individual should
provide identification such as a driver's license or other form of
picture identification.''
* * * * *
DWHS E03
System name:
Security Review Index File.
System location:
Freedom of Information Division, Executive Services Directorate,
Washington Headquarters Services, 1155 Defense Pentagon, Washington, DC
20301-1155.
[[Page 14532]]
Categories of individuals covered by the system:
Department of Defense officials, who present statements, testify,
or who furnish information to the Congress of the United States.
Department of Defense officials and citizens or organizations outside
the Defense Department who submit documents, such as but not limited
to, speeches and articles, for clearance prior to public release.
Categories of records in the system:
Names, organizational affiliations, addresses, and other contact
information of individuals submitting material for security review. The
material submitted for review is also maintained with a database link
to information about the submitting official and the action officer.
Authority for maintenance of the system:
5 U.S.C. 301, Departmental Regulations.
Purpose(s):
To manage the security review process for documents or materials
before they are released outside of the Department of Defense. The
documents and materials of completed security reviews are maintained
for historical reference to ensure subsequent reviews, which may be
similar in content, are handled consistently.
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(b) (3) as follows:
The DoD `Blanket Routine Uses'' set forth at the beginning of OSD'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:
Retrieved by submitting official or action officer's name and/or
organization, Security Review Case Number, or subject of submitted
material.
Safeguards:
Paper files are maintained in security containers with access only
to officials in accordance with assigned duties. Computer databases are
password protected and accessed by individuals who have a need-to-know.
Retention and disposal:
Security review initial files are destroyed 2 years after clearance
without amendment and 6 years after record was cleared with amendment
or denied clearance. Security review appeal files which are cleared are
destroyed 2 years after clearance and 6 years after record was cleared
with amendment or denied.
System manager(s) and address:
Chief, Freedom of Information Division, Executive Services
Directorate, Washington Headquarters Services, 1155 Defense Pentagon,
Washington, DC 20301-1155.
Notification procedure:
Individuals seeking to determine whether information about
themselves is contained in this system of records should address
written inquiries to Chief, Freedom of Information Division, Executive
Services Directorate, Washington Headquarters Services, 1155 Defense
Pentagon, Washington, DC 20301-1155.
Written requests should include the individual's name and
organizational affiliation of the individual.
Record access procedures:
Individuals seeking access to information about themselves
contained in this system of records should address written inquiries to
Chief, Freedom of Information Division, Executive Services Directorate,
Washington Headquarters Services, 1155 Defense Pentagon, Washington, DC
20301-1155.
Written requests should include the individual's name and
organizational affiliation of the individual.
For personal visits to examine records, the individual should
provide identification such as a driver's license or other form of
picture identification.
Contesting record procedures:
The OSD rules for accessing records, for contesting contents and
appealing initial agency determinations are published in OSD
Administrative Instruction 81; 32 CFR part 311; or may be obtained from
the system manager.
Record source categories:
Submitted documents and materials with requests for security review
from organizations and individuals and comments and recommendations
returned by subject matter specialists.
Exemptions claimed for the system:
None.
* * * * *
DFOISR 10
System name:
Privacy Act Case Files (November 29, 2002, 67 FR 71147).
Changes:
System Identifier:
Delete entry and replace with ``DWHS E04.''
* * * * *
System Location:
Delete entry and replace with ``Freedom of Information Division,
Executive Services Directorate, Washington Headquarters Services, 1155
Defense Pentagon, Washington, DC 20301-1155.''
* * * * *
System manager(s) and address:
Delete entry and replace with ``Chief, Freedom of Information
Division, Executive Services Directorate, Washington Headquarters
Services, 1155 Defense Pentagon, Washington, DC 20301-1155.''
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 Chief, Freedom of
Information Division, Executive Services Directorate, Washington
Headquarters Services, 1155 Defense Pentagon, Washington, DC 20301-
1155.''
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 Chief, Freedom of Information Division,
Executive Services Directorate, Washington Headquarters Services, 1155
Defense Pentagon, Washington, DC 20301-1155.''
* * * * *
DWHS E04
System name:
Privacy Act Case Files.
System location:
Freedom of Information Division, Executive Services Directorate,
Washington Headquarters Services, 1155 Defense Pentagon, Washington, DC
20301-1155.
Categories of individuals covered by the system:
All individuals who submit Privacy Act requests and administrative
appeals
[[Page 14533]]
to the Washington Headquarters Services (WHS), the Joint Staff, and
other activities receiving administrative support from WHS; individuals
whose requests and/or records have been referred by other Federal
agencies to WHS for release to the requester; attorneys representing
individuals submitting such requests and appeals; individuals who are
the subjects of such requests and appeals; and WHS personnel assigned
to handle such requests and appeals.
Categories of records in the system:
Records created or compiled in response to Privacy Act requests and
administrative appeals, i.e.; original requests and administrative
appeals; responses to such requests and administrative appeals; all
related memoranda, correspondence, notes, and other related or
supporting documentation; and copies of requested records and records
under administrative appeal.
Authority for maintenance of the system:
5 U.S.C. 301, Departmental Regulations; 5 U.S.C. 552a, The Privacy
Act of 1974, as amended; DoD 5400.11-R, Department of Defense Privacy
Program; Administrative Instruction 81, Privacy Program; and E.O. 9397
(SSN) .
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, these records or information 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 OSD'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:
Filed chronologically by request number and retrieved 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 databases are password protected and accessed by individuals
who have a need-to-know.
Retention and disposal:
Paper records that are granted are destroyed 2 years after the date
of reply. Paper records that are denied in whole or part, no record
responses, responses to requesters who do not adequately describe
records being sought and records that are appealed or litigated are
destroyed 6 years after final action. Electronic records are deleted
when no longer needed to support Directorate business needs.
System manager(s) and address:
Chief, Freedom of Information Division, Executive Services
Directorate, Washington Headquarters Services, 1155 Defense Pentagon,
Washington, DC 20301-1155.
Notification procedure:
Individuals seeking to determine whether information about
themselves is contained in this system of records should address
written inquiries to Director, Freedom of Information and Security
Review, Washington Headquarters Services, 1155 Defense Pentagon,
Washington, DC 20301-1155.
Written requests should include the individual's name.
Record access procedures:
Individuals seeking access to information about themselves
contained in this system of records should address written inquiries to
Chief, Freedom of Information Division, Executive Services Directorate,
Washington Headquarters Services, 1155 Defense Pentagon, Washington, DC
20301-1155.
Written requests should include the individual's name.
For personal visits to examine records, the individual should
provide a form of picture identification, i.e., a driver's license.
Contesting record procedures:
The OSD rules for accessing records, for contesting contents and
appealing initial agency determinations are published in OSD
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.
* * * * *
DFOISR 11
System name:
Mandator Declassification Review Files (December 30, 2003, 68 FR
75220).
Changes:
System Identifier:
Delete entry and replace with ``DWHS E05.''
* * * * *
System Location:
Delete entry and replace with ``Chief, Records and Declassification
Division, Executive Services Directorate, 1155 Defense Pentagon,
Washington, DC 20301-1155.''
* * * * *
System manager(s) and address:
Delete entry and replace with ``Chief, Records and Declassification
Division, Executive Services Directorate, 1155 Defense Pentagon,
Washington, DC 20301-1155.''
[[Page 14534]]
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, 1155 Defense
Pentagon, Washington, DC 20301-1155.''
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 Chief, Freedom of Information Division,
Executive Services Directorate, Washington Headquarters Services, 1155
Defense Pentagon, Washington, DC 20301-1155.''
* * * * *
DWHS E05
System name:
Mandatory Declassification Review Files (December 30, 2003, 68 FR
75220).
System location:
Chief, Records and Declassification Division, Executive Services
Directorate, 1155 Defense Pentagon, Washington, DC 20301-1155.
Categories of ndividuals covered by the system:
Individuals who request Mandatory Declassification Review (MDR) or
appeal an MDR determination of a classified document for the purpose of
releasing declassified material to the public, as provided for under
the applicable Executive Order(s) governing classified National
Security Information. Other individuals in the system are action
officers.
Categories of records in the system:
Name and address of person making MDR request or appeal,
identification of records requested, dates and summaries of action
taken, and documentation for establishing and processing collectable
fees. Names, titles, and/or positions of security specialists and/or
officials responsible for an initial or final denial on appeal of a
request for declassification of a record.
Authority for maintenance of the system:
E.O. 12958, Classified National Security Information, or other
applicable Executive Order(s) governing classified National Security
Information.
Purpose(s):
To manage 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 so as to facilitate
conformity 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 requested; and the average
processing time.
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(b)(3) as follows:
The DoD `Blanket Routine Uses' set forth at the beginning of OSD'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:
Retrieved by name of requester and other pertinent information,
such as organization or address, subject material describing the MDR
item (including date), MDR request number using computer indices,
referring agency, or any combination of fields.
Safeguards:
Paper records are maintained in security containers with access
limited to officials having a need-to-know based on their assigned
duties. Computer systems require user passwords and users are limited
according to their assigned duties to appropriate access on a need-to-
know basis.
Retention and disposal:
Files that grant access to records are held in current status for
two years after the end of the calendar year in which created, then
destroyed. Files pertaining to denials of requests are destroyed 5
years after final determination. Appeals are retained for 3 years after
final determination.
System manager(s) and address:
Chief, Records and Declassification Division, Executive Services
Directorate, 1155 Defense Pentagon, Washington, DC 20301-1155.
Notification procedure:
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, 1155 Defense Pentagon, Washington, DC
20301-1155.
Written requests should include the individual's name and
organizational affiliation of the individual at the time the record
would have been created.
Record access procedures:
Individuals seeking access to information about themselves
contained in this system of records should address written inquiries to
Chief, Freedom of Information Division, Executive Services Directorate,
Washington Headquarters Services, 1155 Defense Pentagon, Washington, DC
20301-1155.
Written requests should include the individual's name and
organizational affiliation of the individual at the time the record
would have been created.
For personal visits to examine records, the individual should
provide identification such as a driver's license or other form of
picture identification.
Contesting record procedures:
The OSD rules for accessing records, for contesting contents and
appealing initial agency determinations are published in OSD
Administrative Instruction 81; 32 CFR part 311; or may be obtained from
the system manager.
Record source categories:
Requests from individuals for Mandatory Declassification Review and
subsequent release of records and information provided by form and
memorandum by officials who hold the requested records, act upon the
request, or who are involved in legal action stemming from the action
taken.
Exemptions claimed for the system:
None.
[FR Doc. 07-1497 Filed 3-27-07; 8:45 am]
BILLING CODE 5001-06-M