SYSTEM OF RECORDS NOTICES (SORNs)

DoD COMPONENT NOTICES

Office of the Secretary, DoD/Joint Staff

SYSTEM NAME:

Freedom of Information Act Case Files (January 28, 2013, 78 FR 5783).

SYSTEM LOCATION:

Washington Headquarters Services (WHS) records: Freedom of Information Division, Executive Services Directorate, Washington Headquarters Services, 4800 Mark Center Drive, Suite 02F09-02, Alexandria, VA 22350-3100.

DoD Education Activity (DoDEA) records: Department of Defense Education Activity, Freedom of Information Act Requester Service Center, Executive Services Office, 4800 Mark Center Drive, Suite 06D08-03, Alexandria, VA 22350-1400.

Assistant Secretary of Defense (Health Affairs)/TRICARE Management Activity (HA/TMA) records: TRICARE Management Activity, Freedom of Information Act Requester Service Center, 16401 East Centretech Parkway, Aurora, CO 80011-9066.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:

Individuals who have requested documents under the provisions of the Freedom of Information Act (FOIA) from the Office of the Secretary of Defense/Joint Staff, the DoD Education Activity, or the TRICARE Management Activity Freedom of Information Act (FOIA) Requester Service Centers; individuals whose requests and/or records have been processed under the Freedom of Information Act and referred by other Federal agencies; and attorneys representing individuals submitting such requests.

CATEGORIES OF RECORDS IN THE SYSTEM:

Records created or compiled in response to Freedom of Information Act requests and administrative appeals, i.e., original requests and administrative appeals (including requesters name, mailing address, Freedom of Information Act case number, date and subject of the request, with some requesters also voluntarily submitting additional information such as telephone numbers and e-mail addresses), 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. 552, Public information; agency rules, opinions, orders, records and proceedings; 10 U.S.C. 113, Secretary of Defense; and DoD 5400.7-R, DoD Freedom of Information Act (FOIA) Program.

PURPOSE(S):

Information is being collected and maintained for the purpose of processing Freedom of Information 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 Freedom of Information Act.

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, these records 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, Office of Government Information Services (OGIS), to the extent necessary to fulfill its responsibilities in 5 U.S.C. 552(h), to review administrative agency policies, procedures and compliance with the Freedom of Information Act (FOIA), and to facilitate OGIS' offering of mediation services to resolve disputes between persons making FOIA requests and administrative agencies.

The DoD Blanket Routine Uses set forth at the beginning of the Office of the Secretary of Defenses compilation of systems of records notices may 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, subject matter, date of request, and Freedom of Information Act request case number.

Safeguards:

Paper records are maintained in security containers with access only to officials based on requirements of assigned duties. Computer databases are password protected and accessed by individuals with a common access card (CAC) who have a need-to-know.

RETENTION AND DISPOSAL:

Paper records that are granted are destroyed two 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 six years after final action.

Electronic records are deleted when no longer needed to support Directorate business needs.

System Manager(s) and Address:

WHS records: Chief, Freedom of Information Division, Executive Services Directorate, Washington Headquarters Services, 4800 Mark Center Drive, Suite 02F09-02, Alexandria, VA 22350-3100.

DoDEA records: Chief, Department of Defense Education Activity, Freedom of Information Act Requester Service Center, Executive Services Office, 4800 Mark Center Drive, Suite 06D08-03, Alexandria, VA 22350-1400.

HA/TMA records: TRICARE Management Activity, ATTN: FOIA Chief, Freedom of Information Act Requester Service Center, 16401 East Centretech Parkway, Aurora, CO 80011-9066.

Notification Procedure:

Individuals seeking to determine whether information about themselves is contained in this system of records should address written inquiries to:

WHS records: Chief, Freedom of Information Division, Executive Services Directorate, Washington Headquarters Services, 4800 Mark Center Drive, Suite 02F09-02, Alexandria, VA 22350-3100.

DoDEA records: Chief, Department of Defense Education Activity, Freedom of Information Act Requester Service Center, Executive Services Office, 4800 Mark Center Drive, Suite 06D08-03, Alexandria, VA 22350-1400.

HA/TMA records: TRICARE Management Activity, ATTN: FOIA Chief, Freedom of Information Act Requester Service Center, 16401 East Centretech Parkway, Aurora, CO 80011-9066.

Requests should include the requesters name, mailing address, and signature.

Record Access Procedures:

Individuals seeking access to information about themselves contained in this system of records should address written inquires to:

WHS records: Office of the Secretary of Defense/Joint Staff Freedom of Information Act Requester Service Center, Office of Freedom of Information, Washington Headquarters, 4800 Mark Center Drive, Suite 02F09-02, Alexandria, VA 22350-3100.

DoDEA records: Department of Defense Education Activity, Freedom of Information Act Requester Service Center, Executive Services Office, 4800 Mark Center Drive, Suite 06D08-03, Alexandria, VA 22350-1400.

Note: For DoDEA records, a non-custodial parent or legal guardian requesting records pertaining to his or her minor child or ward must also provide evidence of that relationship. For example, such parent or legal guardian may provide a copy of a divorce decree or a child custody or guardianship order that includes the child's name.

HA/TMA records: TRICARE Management Activity, Freedom of Information Act Requester Service Center, 16401 East Centretech Parkway, Aurora, CO 80011-9066.

Requests for information should 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 requesters signature. Requests must contain the requesters name, mailing address, Freedom of Information Act case number, name and number of this system of records notice and be signed.

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:

Individuals who submit initial requests and administrative appeals pursuant to the Freedom of Information 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; submitters of records; and information from those that have provided assistance to the Department of Defense in making Freedom of Information Act access determinations.

Exemptions Claimed for the System:

During the course of a Freedom of Information Act 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 Freedom of Information Act case record, Washington Headquarters Services, the DoD Education Activity, and the TRICARE Management Activity hereby claim 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 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.

Federal Register History:

December 8, 2010, 75 FR 76432; January 28, 2013, 78 FR 5783