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 amend system of records.

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SUMMARY: The Department of the Army is amending two systems 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 actions will be effective without further notice

on April 1, 1998, unless comments are received which result in a

contrary determination.

ADDRESSES: Privacy Act Officer, Records Management Program Division,

U.S. Total Army 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 Department of the Army 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 records systems being amended are set

forth

[[Page 10206]]

below followed by the notices, as amended, published in their 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.

Dated: February 24, 1998.

L.M. Bynum,

Alternate OSD Federal Register Liaison Officer, Department of Defense.

A0001-20 SALL

System name:

Congressional Inquiry File (February 22, 1993, 58 FR 10027).

Changes:

* * * * *

Retention and disposal:

In the first sentence, change `5 years' to `2 years'.

* * * * *

A0001-20 SALL

System name:

Congressional Inquiry File.

System location:

Chief of Legislative Liaison, Office of the Secretary of the Army,

101 Army Pentagon, Washington, DC 20310-0101.

A segment of this system may exist at Department of the Army staff

agencies, field operating agencies, major commands, installations, and

activities. Official mailing addresses are published as an appendix to

the Army's compilation of systems of records notices.

Categories of individuals covered by the system:

Any citizen who writes to a Member of Congress requesting that the

Member solicit information from the Department of the Army on their

behalf.

Categories of records in the system:

Individual's request to the Member of Congress, the Member's

inquiry to the Army, the Army's response, and relevant supporting

documents.

Authority for maintenance of the system:

10 U.S.C. 1034.

Purpose(s):

To conduct necessary research and/or investigations so as to

provide information responsive to Congressional inquiries.

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 `Blanket Routine Uses' set forth at the beginning of the Army's

compilation of systems of records notices also 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 on microfilm records in an

automatic retrieval device.

Retrievability:

Retrieved by Congressmen and individual's name.

Safeguards:

Records are maintained in areas accessible only to authorized

persons having official need therefor in the performance of their

duties.

Retention and disposal:

In the Chief of Legislative Liaison, Office of the Secretary of the

Army, records are destroyed after 2 years. In other offices of

legislative coordination and control at Army Staff level and at

headquarters of major and subordinate commands, records are destroyed

after 3 years; at lower echelons, records are destroyed after 2 years.

System manager(s) and address;

Chief of Legislative Liaison, Office of the Secretary of the Army,

101 Army Pentagon, Washington, DC 20310-0101.

Notification procedure:

Individuals seeking to determine if information about themselves is

contained in this record system should address written inquiries to the

Chief of Legislative Liaison, Office of the Secretary of the Army, 101

Army Pentagon, Washington, DC 20310-0101; or to the legislative liaison

and control officer at the Army Staff or field office known to have the

record. Official mailing addresses are published as an appendix to the

Army's compilation of systems of records notices.

For verification purposes, individual should provide the full name,

current address and telephone number, and sufficient detail to permit

locating the record.

Record access procedures:

Individuals seeking access to information about themselves

contained in this system should address written inquiries to the Chief

of Legislative Liaison, Office of the Secretary of the Army, 101 Army

Pentagon, Washington, DC 20310-0101; or to the legislative liaison and

control officer at the Army Staff or field office known to have the

record. Official mailing addresses are published as an appendix to the

Army's compilation of systems of records notices.

For verification purposes, individual should provide the full name,

current address and telephone number, and sufficient detail to permit

locating the record.

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:

From the individual Member of Congress; Army records and reports.

Exemptions claimed for the system:

None.

A0040-57a DASG

System name:

DoD DNA Registry (October 3, 1997, 62 FR 51835).

Changes:

* * * * *

Retention and disposal:

Delete the parenthetical phrase in the first paragraph `(pending

final approval of this reduced retention period by the National

Archives and Records Administration)'.

* * * * *

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.

[[Page 10207]]

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; 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 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.

[[Page 10208]]

Exemptions claimed for the system:

None.

[FR Doc. 98-5192 Filed 2-27-98; 8:45 am]

BILLING CODE 5000-04-F