Privacy Act of 1974; System of Records

DEPARTMENT OF DEFENSE

Department of the Army

Privacy Act of 1974; System of Records

AGENCY: Department of the Army, DOD.

ACTION: Notice to Alter a System of Records

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SUMMARY: The Department of the Army proposes to alter a system of

records notice in its inventory of record systems subject to the

Privacy Act of 1974, (5 U.S.C. 552a), as amended. The alteration adds a

new category of individuals covered and a routine use to an existing

Army system of records identified as A0040-57a DASG, Armed Forces

Repository of Specimen Samples for the Identification of Remains.

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

3, 1997, unless comments are received that would result in a contrary

determination.

ADDRESSES: Privacy Act Officer, Records Management Program Division,

U.S. Army Total Personnel Command, ATTN: TAPC-PDR-P, Stop C55, Ft.

Belvoir, VA 22060-5576.

FOR FURTHER INFORMATION CONTACT: Ms. Janice Thornton at (703) 806-4390

or DSN 656-4390.

SUPPLEMENTARY INFORMATION: The complete inventory of Department of the

Army record system 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 altered system report, as required by 5 U.S.C. 552a(r)

of the Privacy Act was submitted on September 23, 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, (61 FR 6427, February 20, 1996).

Dated: September 29, 1997.

L.M. BynumM,

Alternate OSD Federal Register Liaison Officer, Department of Defense.

A0040-57a DASG

System name:

DoD DNA Registry (June 14, 1995, 60 FR 31287).

Changes:

* * * * *

System Name:

Delete entry and replace with `Armed Forces Repository of Specimen

Samples for the Identification of Remains.'

System Location:

Delete both paragraphs and replace with `Armed Forces Repository of

Specimen Samples for the Identification of Remains, Armed Forces

Institute of Pathology, 16050 Industrial Drive, Gaithersburg, MD 20877-

1414.'

Categories of Individuals Covered by the System:

Add `and contractor' after `DoD Civilian'.

* * * * *

Authority for Maintenance of the System:

Delete entry and replace with `5 U.S.C. 301, Departmental

Regulations; 10 U.S.C. 131; 10 U.S.C. 3013, Secretary of Army; 10

U.S.C. 5013, Secretary of the Navy; 10 U.S.C. 8013, Secretary of the

Air Force; E.O. 9397 (SSN); Deputy Secretary of Defense memorandum

dated December 16, 1991; and Assistant Secretary of Defense (Health

Affairs) memoranda dated January 5, 1993, March 9, 1994, April 2, 1996,

and October 11, 1996.'

Purpose(s):

Add to entry `The data collected and stored will not be analyzed

until needed for the identification of human remains.'

Routine uses of records maintained in the system, including categories

of users and the purposes of such uses:

Add a new paragraph as follows `To proper authority, as compelled

by other applicable law, in a case in which all of the following

conditions are present:

(1) The responsible DoD official has received a proper judicial

order or judicial authorization;

(2) The specimen sample is needed for the investigation or

prosecution of a crime punishable by one year or more of confinement;

(3) No reasonable alternative means for obtaining a specimen for

DNA profile analysis is available; and

(4) The use is approved by the Assistant Secretary of Defense for

Heath Affairs.'

* * * * *

A0040-57a DASG

System name:

Armed Forces Repository of Specimen Samples for the Identification

of Remains.

System location:

Armed Forces Repository of Specimen Samples for the Identification

of Remains, Armed Forces Institute of Pathology, 16050 Industrial

Drive, Gaithersburg, MD 20877-1414.

Categories of individuals covered by the system:

Department of Defense military personnel (active and reserve).

Civilian family members of Department of Defense military personnel

(active and reserve) who voluntarily provide specimens for DNA typing

for purpose of identifying the human remains of family members.

DoD civilian and contractor personnel deploying with the armed

forces.

Other individuals may also be included in this system when the

Armed Forces Institute of Pathology (AFIP) is requested by Federal,

state, local and foreign authorities to identify human remains.

Categories of records in the system:

Specimen collections from which a DNA typing can be obtained (oral

swabs, blood and blood stains, bone, and tissue), and the DNA typing

results. Accession number, specimen locator information, collection

date, place of collection, individual's name, Social Security Number,

right index fingerprint, signature, branch of service, sex, race and

ethnic origin, address, place and date of birth, and relevant kindred

information, past and present.

Authority for maintenance of the system:

5 U.S.C. 301, Departmental Regulations; 10 U.S.C. 131; 10 U.S.C.

3013, Secretary of Army; 10 U.S.C. 5013, Secretary of the Navy; 10

U.S.C. 8013, Secretary of the Air Force; E.O. 9397 (SSN); Deputy

Secretary of Defense memorandum dated December 16, 1991;

[[Page 51836]]

and Assistant Secretary of Defense (Health Affairs) memoranda dated

January 5, 1993, March 9, 1994, April 2, 1996, and October 11, 1996.

Purpose(s):

Information in this system of records will be used for the

identification of human remains. The data collected and stored will not

be analyzed until needed for the identification of human remains.

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 Federal, state, local and foreign authorities when the Armed

Forces Institute of Pathology (AFIP) is requested to identify human

remains.

To a proper authority, as compelled by other applicable law, in a

case in which all of the following conditions are present:

(1) The responsible DoD official has received a proper judicial

order or judicial authorization;

(2) The specimen sample is needed for the investigation or

prosecution of a crime punishable by one year or more of confinement;

(3) No reasonable alternative means for obtaining a specimen for

DNA profile analysis is available; and

(4) The use is approved by the Assistant Secretary of Defense for

Heath Affairs.

The Army's `Blanket Routine Uses' do not apply to this system.

Policies and practices for storing, retrieving, accessing, retaining,

and disposing of records in the system:

Storage:

Records are stored manually and electronically.

Retrievability:

By individual's surname, sponsor's Social Security Number, date of

birth, and specimen reference or AFIP accession number.

Safeguards:

Access to the Armed Forces Institute of Pathology is controlled.

Computerized records are maintained in controlled areas accessible only

to authorized personnel. Entry to these areas is restricted to those

personnel with a valid requirement and authorization to enter. All

personnel whose duties require access to, or processing and maintenance

of personnel information are trained in the proper safeguarding and use

of the information. Any DNA typing information obtained will be handled

as confidential medical information.

Retention and disposal:

Records are maintained 50 years(pending final approval of this

reduced retention period by the National Archives and Records

Administration), and then destroyed by shredding or incineration.

Statistical data used for research and educational projects are

destroyed after end of project.

Military personnel, their civilian family members, or others may

request early destruction of their individual remains identification

specimen samples following the conclusion of the donor's complete

military service or other applicable relationship to DoD. For this

purpose, complete military service is not limited to active duty

service; it includes all service as a member of the Selected Reserves,

Individual Ready Reserve, Standby Reserve or Retired Reserve.

In the case of DoD civilians and contractor personnel, early

destruction is allowed when the donor is no longer deployed by DoD in a

geographic area which requires the maintenance of such samples. Upon

receipt of such requests, the samples will be destroyed within 180

days, and notification of the destruction sent to the donor.

Requests for early destruction may be sent to the Repository

Administrator, Armed Forces Repository of Specimen Samples for the

Identification of Remains, Armed Forces Institute of Pathology,

Washington, DC 20306-6000.

System manager(s) and address:

Chief Information Officer, Office of the Surgeon General, U.S. Army

Medical Command, ATTN: MCIM, 2050 Worth Road, Suite 13, Fort Sam

Houston, TX 78234-6013.

Notification procedure:

Individuals seeking to determine whether information about

themselves is contained in this system should address written inquiries

to the Administrator, Repository and Research Services, ATTN: Armed

Forces Repository of Specimen Samples for the Identification of

Remains, Armed Forces Institute of Pathology, Walter Reed Army Medical

Center, Washington, DC 20306-6000.

Requesting individual must submit full name, Social Security Number

and date of birth of military member and branch of military service, if

applicable, or accession/reference number assigned by the Armed Forces

Institute of Pathology, if known. For requests made in person,

identification such as military ID card or valid driver's license is

required.

Record access procedures:

Individuals seeking access to information about themselves or

deceased family members contained in this system should address written

inquiries to the Administrator, Repository and Research Services, ATTN:

Armed Forces Repository of Specimen Samples for the Identification of

Remains, Armed Forces Institute of Pathology, Armed Forces Institute of

Pathology, Walter Reed Army Medical Center, Washington, DC 20306-6000.

Requesting individual must submit full name, Social Security Number

and date of birth of military member and branch of military service, if

applicable, or accession/reference number assigned by the Armed Forces

Institute of Pathology, if known.

Contesting record procedures:

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

and appealing initial agency determinations are contained in Army

Regulation 340-21; 32 CFR part 505; or may be obtained from the system

manager.

Record source categories:

Individual, family member, diagnostic test, other available

administrative or medical records obtained from civilian or military

sources.

Exemptions claimed for the system:

None.

[FR Doc. 97-26203 Filed 10-02-97; 8:45 am]

BILLING CODE 5000-04-F