Privacy Act of 1974; System of Records

DEPARTMENT OF DEFENSE

Office of the Secretary

Privacy Act of 1974; System of Records

AGENCY: Office of the Secretary, DoD.

ACTION: Notice to add a system of records.

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SUMMARY: The Office of the Secretary proposes to add a system of

records notice to its existing inventory of record

[[Page 35159]]

systems subject to the Privacy Act of 1974, (5 U.S.C. 552a), as

amended. The system is identified as DFMP 26, entitled Vietnamese

Commando Compensation Files.

DATES: This proposed action will be effective without further notice on

July 30, 1997, unless comments are received which result in a contrary

determination.

ADDRESSES: Send comments to OSD Privacy Act Coordinator, Records

Section, Directives and Records Division, Washington Headquarter

Services, Correspondence and Directives, 1155 Defense Pentagon,

Washington, DC 20301-1155.

FOR FURTHER INFORMATION CONTACT: Mr. David Bosworth at (703) 695-0970

or DSN 225-0970.

SUPPLEMENTARY INFORMATION: The Office of the Secretary 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 proposed system report, as required by 5 U.S.C. 552a(r) of the

Privacy Act of 1974, as amended, was submitted on June 10, 1997, to the

House Committee on Government Reform and Oversight, 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: June 25, 1997.

L.M. Bynum,

Alternate OSD Federal Register Liaison Officer, Department of Defense.

DFMP 26

System name:

Vietnamese Commando Compensation Files.

System location:

Commission on Compensation, Office of the Secretary of Defense,

4000 Defense Pentagon, Washington, DC 20301-4000.

Categories of individuals covered by the system:

Individuals who are former Vietnamese operatives who either (1)

participated in OPLAN 34A (or its predecessor) and were captured and

incarcerated by the Democratic Republic of Vietnam (DRG) as a result of

such participation, or (2) participated in OPLAN 35, were captured and

incarcerated by North Vietnam forces as a result of such participation

in Laos or along Lao-Vietnamese border, remained in capativity after

1973 (or died in captivity), and have not previously received payment

from the United States for the period spent in capativity, provided

that neither claimant has served in the Peoples Army of Vietnam or

provided active assistance to the Government of the DRG during the

period 1958 through 1975; the surviving spouse of a deceased claimant;

the surviving children (including natural and adopted) of the deceased

claimant if there is no surviving spouse.

Categories of records in the system:

System (including documentation) is comprised of (1) names

(including aliases, former names, or other names used); (2) current

address; (3) current telephone number(s); (4) United States Social

Security Number, (if any), United States Immigration and Naturalization

Service (INS) Identification or similar number(s), (if any), and any

equivalent social security or identification number(s), (if any),

issued to applicant by the Democratic Republic of Vietnam, the Republic

of Vietnam, or the current government of Vietnam; (5) date of birth;

(6) place of birth; (7) distinguishing marks (fingerprints, scars,

etc.); (8) family identification, including (a) parents; (b) spouse;

(c) children; (d) brothers; (e) sisters; (f) others; (9) team name;

(10) place of insertion; (11) date of launch; (12) dates of captivity;

(13) name, address, and telephone number of counsel or attorney (if

any); and (14) required sworn declaration of veracity of above,

including denial of service with or collaboration with North Vietnam.

Authority for maintenance of the system:

Pub.L. 104-201, Section 657, Payments to certain persons captured

and interned by North Vietnam.

Purpose(s):

To be used by officials of the Vietnamese Commandos Compensation

Commission to (1) verify the identity of claimants; (2) ensure the

claim has been submitted in a timely manner (on or before October 1,

1998); (3) adjudicate the claim; (4) establish verified list of

claimants for disbursing agency and facilitate cash payments to

claimants; (5) provide a check list for attorney's fees limitation (as

specified in the law); (6) establish a check list of paid claimants to

preclude future claims or judicial review; and (7) prepare future

reports to the Congress.

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:

To the Department of Justice, Litigation Division, in connection

with litigation concerning Au Dong Quy et al./Lost Commandos vs. United

States for the purpose of representing the Department of Defense in

pending or potential litigation to which the record is pertinent.

To the Central Intelligence Agency and the Immigration and

Naturalization Service for the purpose of checking and verifying claim

information.

The `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:

Hard copy files are maintained in file folders; computer files are

stored on magnetic tape and disk.

Retrievability:

Records are retrieved by name, date and place of birth, and/or

Social Security Number if assigned and voluntarily furnished.

Safeguards:

Files are maintained under the direct control of office personnel

in the Commission on Compensation during duty hours. Office is locked

and alarmed during non-duty hours. Computer access requires logon and

password and computer media is stored in a controlled area.

Retention and disposal:

Records will be maintained until all requirements of Pub.L. 104-201

are met and until a records disposition is obtained from the National

Archives and Records Administration.

System manager(s) and address:

Commission on Compensation, Office of the Secretary of Defense,

4000 Defense Pentagon, Washington, DC 20301-4000.

Notification procedure:

Individuals seeking to determine whether information about

themselves is contained in this system should address written inquiries

to the Commission on Compensation, Office of

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the Secretary of Defense, 4000 Defense Pentagon, Washington, DC 20301-

4000.

Requesters should provide full name and any former names used and

date and place of birth. If a requester has a Social Security Number

and desires to furnish it, he or she may do so but failure to provide

it will not result in the request not being processed.

Record access procedures:

Individuals seeking access to information about themselves

contained in this system of records should address written inquiries to

the Commission on Compensation, Office of the Secretary of Defense,

4000 Defense Pentagon, Washington, DC 20301-4000.

Requesters should provide full name and any former names used and

date and place of birth. If a requester has a Social Security Number

and desires to furnish it, he or she may do so but failure to provide

it will not result in the request not being processed.

Contesting records procedures:

The OSD's rules for accessing records, for contesting contents and

appealing initial agency determinations are contained in OSD

Administrative Instruction No. 81; 32 CFR part 311; or may be obtained

from the system manager.

Record source categories:

Information is received from claimants, their survivors, their

attorneys and other authorized representatives; third party

individuals; the Department of Defense; and Government intelligence

agencies; the Immigration and Naturalization Service; and from the

National Archives and Records Administration.

Exemptions claimed for the system:

Information specifically authorized to be 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. 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. 97-17002 Filed 6-27-97; 8:45 am]

BILLING CODE 5000-04-F