Notice2023-13970
Privacy Act of 1974; System of Records
Primary source
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Published
June 30, 2023
Effective
June 30, 2023
Issuing agencies
Defense Department
Abstract
In accordance with the Privacy Act of 1974, the DoD is providing notice to rescind 26 Privacy Act SORNs. A description of these systems can be found in the table in the SUPPLEMENTARY INFORMATION section. Additionally, the DoD is issuing a direct final rule, published elsewhere in this issue of the Federal Register, to amend its regulation and remove the Privacy Act exemption rules for 14 SORNs (items (a) through (m), and (s) in the aforementioned table) rescinded in this notice.
Full Text
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<title>Federal Register, Volume 88 Issue 125 (Friday, June 30, 2023)</title>
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[Federal Register Volume 88, Number 125 (Friday, June 30, 2023)]
[Notices]
[Pages 42344-42346]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-13970]
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DEPARTMENT OF DEFENSE
Office of the Secretary
[Docket ID: DOD-2023-OS-0045]
Privacy Act of 1974; System of Records
AGENCY: Department of Defense (DoD).
ACTION: Notice of rescindment of multiple System of Records Notices
(SORNs).
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SUMMARY: In accordance with the Privacy Act of 1974, the DoD is
providing notice to rescind 26 Privacy Act SORNs. A description of
these systems can be found in the table in the SUPPLEMENTARY
INFORMATION section. Additionally, the DoD is issuing a direct final
rule, published elsewhere in this issue of the Federal Register, to
amend its regulation and remove the Privacy Act exemption rules for 14
SORNs (items (a) through (m), and (s) in the aforementioned table)
rescinded in this notice.
DATES: The rescindment of these SORNs is effective June 30, 2023.
FOR FURTHER INFORMATION CONTACT: Ms. Rahwa Keleta, Privacy and Civil
Liberties Division, Directorate for Privacy, Civil Liberties and
Freedom of Information, Office of the Assistant to the Secretary of
Defense for Privacy, Civil Liberties, and Transparency, Department of
Defense, 4800 Mark Center Drive, Mailbox #24, Suite 08D09, Alexandria,
VA 22350-1700, <a href="/cdn-cgi/l/email-protection#98d7cbdcb6dcc8dbd4ccdcd8f5f9f1f4b6f5f1f4"><span class="__cf_email__" data-cfemail="26697562086276656a7262664b474f4a084b4f4a">[email protected]</span></a>, (703) 571-0070.
SUPPLEMENTARY INFORMATION:
I. Background
Pursuant to the provisions of the Privacy Act of 1974, 5 U.S.C.
552a, and as part of its ongoing integration and management efforts,
the DoD is removing 26 Privacy Act SORNs from its inventory. Upon
review of its inventory, DoD determined it no longer needs or uses
these system of records because the records are covered by other SORNs;
therefore, DoD is retiring these SORNs (items (a) through (z) in the
table) for reasons listed as follows.
Items (a) through (r) in the table are rescinded because the
records are now maintained as part of the DoD-wide system of records
titled DoD-0008, Freedom of Information Act and Privacy Act Records
(FOIA/PA Records), published in the Federal Register on December 22,
2021 (86 FR 72586).
Items (s) through (w) in the table are rescinded because the
records are now maintained as a part of the DoD-wide system of records
titled DoD 0006, Military Justice and Civilian Criminal Case Records,
published in the Federal Register on May 25, 2021 (86 FR 28086).
Items (x) through (z) in the table are rescinded because the
records are now maintained as a part of the DoD-wide system of records
titled DoD-0009, Defense Mass Transportation Benefits Records (DMTBR),
published in the Federal Register on January 7, 2022 (87 FR 943).
DoD SORNs have been published in the Federal Register and are
available from the address in FOR FURTHER INFORMATION CONTACT or at the
Privacy, Civil Liberties, and Freedom of Information Directorate
website at <a href="https://dpcld.defense.gov">https://dpcld.defense.gov</a>.
II. Privacy Act
Under the Privacy Act, a ``system of records'' is a group of
records under the control of an agency from which information is
retrieved by the name of an individual or by some identifying number,
symbol, or other identifying particular assigned to the individual. In
the Privacy Act, an individual is defined as a U.S. citizen or lawful
permanent resident.
In accordance with 5 U.S.C. 552a(r) and Office of Management and
Budget (OMB) Circular No. A-108, DoD has provided a report of this SORN
bulk rescindment to OMB and Congress.
[[Page 42345]]
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System name Number Descriptions History
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(a) Information Requests-- F033 AF A............ Was established to process FOIA May 19, 2011, 76
Freedom of Information Act. requests and to assist the FR 28963.
Department of the Air Force in
carrying out responsibilities under
the FOIA.
(b) Privacy Act Request Files.. F033 AF B............ Was established to record, process April 07, 2003, 68
and coordinate individual requests FR 16788.
for access to, or amendment of,
personal records, and appeals on
denials of requests for access or
amendments to personal records; and
to compile information for reports,
and to ensure timely response to
requesters under the Privacy Act.
(c) Privacy Case Files......... A0340-21 OAA......... Was established to process and July 11, 2014, 79
coordinate requests for access to FR 40080;
and amendment of individuals' December 08,
records; to process appeals on 2005, 70 FR
denials of requests for access to 72997.
or amendment of individuals'
records by the data subject against
agency rulings; and to ensure
timely response to requesters under
the Privacy Act.
(d) FOIA Request/Appeal Files NM05720-1............ Was established to track, process, June 13, 2013, 78
and Tracking System. and coordinate requests/appeals/ FR 35610; April
litigation made under the 2, 2008, 73 FR
provisions of the FOIA; to provide 17961.
responses to requests, including
requests for access to information
regarding FOIA requests and/or what
is being requested under the
provisions of the FOIA; and to
compile data for FOIA reporting
requirements.
(e) Privacy Act Request/ NM05211-1............ Was established to track, process, June 13, 2013, 78
Amendment Files and Tracking and coordinate individual requests FR 35607; April
System. for access and amendment of 2, 2008, 73 FR
personal records; to process 17959.
appeals on denials of requests for
access or amendment to personal
records; to compile information for
reports; and to ensure timely
response to requesters under the
Privacy Act.
(f) Information Requests-- LDIA 0010............ Was established to meet regulatory May 03, 2012; 77
Freedom of Information Act requirements of the FOIA and FR 26258; July
(FOIA) and Privacy Act. Privacy Act and to provide 19, 2006, 71 FR
documentation in response to 41003.
requests from the public sector for
information, which is originated by
or contained in the files of the
Defense Intelligence Agency; and to
provide information for compiling
reports required by public
disclosure statutes and to assist
the Department of Justice in
preparation of the Agency's defense
in any lawsuit arising under these
statutes.
(g) Freedom of Information Act/ S510.30.............. Was established to process access April 18, 2011, 76
Privacy Act Requests and requests and administrative appeals FR 21706.
Administrative Appeal Records. under the FOIA, access and
amendment requests and
administrative appeals under the
Privacy Act; for the purpose of
participating in litigation
regarding agency action on such
requests and appeals; and for the
purpose of assisting the Defense
Logistics Agency in carrying out
any other responsibilities under
the FOIA and the Privacy Act.
(h) Privacy and Freedom of V1-01................ Was established to facilitate January 28, 2013,
Information Request Records. responses to individual requests 78 FR 5788; July
for information under the FOIA and 14, 1999, 64 FR
Privacy Act; to document actions 37935.
taken in subsequent requests
(including correction and amendment
actions), appeals, or litigation;
and to provide a basis for reports
and implementing directives.
(i) Freedom of Information Act HDTRA 021............ Was established to process access September 18,
and Privacy Act Case Files. requests under the FOIA and access 2012; 77 FR
and amendment requests under the 57561; August 7,
Privacy Act; to administer appeals 2006, 71 FR
and litigation arising from such 44668.
requests; and to assist DTRA in
discharging any other
responsibilities under the FOIA and
the Privacy Act.
(j) Freedom of Information Act INGB 001............. Was established to maintain FOIA and July 17, 2014; 79
(FOIA) and Privacy Act (PA) Privacy Act requests and FR 41678.
Case Files. administrative appeals; for
participating in litigation
regarding agency action on such
requests and appeals; and for
assisting the National Guard Bureau
in carrying out any other
responsibilities under the FOIA and
Privacy Act.
(k) Privacy Act and Freedom of CIG-01............... Was established to process FOIA and May 31, 2006; 71
Information Act Case Files. Privacy Act requests and FR 30883.
administrative appeals; for
participating in litigation
regarding agency action on such
requests and appeals; for amendment
to records made under the Privacy
Act and to document DoD Office of
Inspector General (DoD OIG) actions
in response to these requests; and
for assisting the DoD OIG in
carrying out any other
responsibilities under the FOIA.
(l) Freedom of Information Act DWHS E02............. Was established to process FOIA May 21, 2015, 80
(FOIA) Case Files. requests and administrative FR 29312; January
appeals; for participating in 28, 2013, 78 FR
litigation regarding agency action 5783; December 8,
on such requests and appeals; and 2010, 75 FR
for assisting the DoD in carrying 76432.
out any other responsibilities
under the FOIA.
(m) Privacy Act Case Files..... DWHS E04............. Was established to process Privacy April 10, 2015, 80
Act requests and administrative FR 19293; October
appeals; for participating in 29, 2012, 77 FR
litigation regarding agency action 65539; December
on such requests and appeals; and 8, 2010, 75 FR
for assisting the Department of 76423.
Defense in carrying out any other
responsibilities under the Privacy
Act.
(n) Freedom of Information Act T5020................ Was established to control July 12, 2013, 78
Requests. administrative processing of FR 41916;
requests for information made under December 15,
the provisions of the FOIA, and to 2008, 73 FR
record statistics for the annual 76005.
FOIA report.
(o) Privacy Act Request........ T5020a............... Was established to record, process, June 24, 2013; 78
and coordinate individual requests FR 37799;
for access to, or amendment of February 23,
personal records, and appeals of 2009, 74 FR 8064.
denials of request for access or
amendment to personal records, made
under the Privacy Act.
(p) Freedom of Information Act/ EDHA 01.............. Was established to process access August 22, 2014,
Privacy Act Requests and requests and administrative appeals 79 FR 49761.
Administrative Appeal Records. under FOIA; to process access and
amendment requests and
administrative appeals under the
Privacy Act; for litigation
regarding agency action on such
requests and administrative
appeals; and to assist the Defense
Health Agency in carrying out any
other responsibility under FOIA or
the Privacy Act.
[[Page 42346]]
(q) Freedom of Information Act K890.01.............. Was established to make available to June 11, 2012, 77
File (FOIA). the public the maximum amount of FR 34357; March
information concerning the 10, 2008, 73 FR
operations and activities of the 12711.
Defense Information Systems Agency
(DISA); to receive, process, and
respond to requests for information
under FOIA; to review and deny
requests for information under
provisions of FOIA and to forward
applicable correspondence to the
Director, DISA when the denial may
be contested or appealed; and
for review in the event of judicial
action.
(r) Privacy Act Records........ K890.20.............. Was established for the purposes of September 13,
processing access and amendment 2012, 77 FR
requests and administrative appeals 56630; February
under the Privacy Act; 22, 1993, 58 FR
participating in litigation 10562.
regarding agency action on such
requests and appeals; and assisting
the Defense Information Systems
Agency in carrying out any other
responsibilities under the Privacy
Act.
(s) Military Justice and F051 AFJA I.......... Was established to investigate, July 22, 2010, 75
Magistrate Court Records. adjudicate and prosecute adverse FR 42720.
action cases, Article 138
complaints, and other
administrative and criminal actions
related to violation of federal law
and regulations and state law
occurring on and off a military
installation; for use by appellate
authorities and federal and state
licensing authorities; for
statistical purposes and to manage
case processing; and to provide
victims and witnesses information
consistent with the requirements of
the Victim and Witness Assistance
Program, the Victims' Rights and
Restitution Act of 1990, and other
laws and regulations governing the
providing of information to victims
and witnesses related to military
justice actions and criminal cases
and their administrative
disposition.
(t) Military Justice N05810-2............. Was established to provide a record January 08, 2001;
Correspondence and Information of individual inquiries and 66 FR 1321.
File. Department of the Navy Judge
Advocate General responses
concerning military justice related
matters, to maintain background
information on military justice
matters to assist in responding to
inquiries, and to provide
information and support to victims
and witnesses in compliance with
the Victim and Witness Assistance
Program, the Sexual Assault
Prevention and Response Program,
and the Victims' Rights and
Restitution Act of 1990.
(u) Magistrate Court Case Files MJA00003............. Was established to provide a record August 17, 1999,
of summons, warrants, investigative 64 FR 44698,
reports and complaints for use by 44702.
military prosecutors in the
preparation of cases of trial.
(v) Marine Corps Command Legal MJA00009............. Was established to provide a record May 18, 1995, 60
Files. of actions for use by commanding FR 26723;
officers or officers in charge who February 8, 1995,
have authority to convene a special at 60 FR 7523.
court-martial. The records are used
as required to initiate, refer or
complete appropriate disciplinary
proceedings.
(w) JA Division, HQMC MJA00017............. Was established to provide a record August 03, 1993,
Correspondence Control Files. of action taken on all 58 FR 41254,
correspondence received by the 41257.
Judge Advocate Division,
Headquarters, Marine Corps on
individual inquiries.
(x) Transportation Incentive T4500c............... Was established to manage the mass October 27, 2015,
Program System (TIPS). transportation program for Defense 80 FR 65717.
Finance Accounting Service (DFAS)
civilian and DFAS non-appropriated
fund employees who applied for and
were in receipt of mass transit
subsidies.
(y) Transportation Incentive T4165................ Was established to support the February 10, 2009,
Program Records. Transportation Incentive Program 74 FR 6583.
for receipt and processing of
employee applications; distribution
of fare media; to reimburse
participants; to track the use of
funds used to support the program;
to evaluate employee participation
in the program; and to prevent
misuse of the funds involved for
participants outside the National
Capitol Region. Participant records
were used by the DFAS site parking
authorities for the purpose of
identifying those individuals who
receive a fare subsidy and also
make use of a DFAS site parking
sticker.
(z) Mass Transportation Benefit S400.30.............. Was established to manage the May 03, 2012, 77
Program--Outside the National Defense Logistics Agency Mass FR 26261;
Capital Region (ONCR). Transportation Benefit Program for September 22,
participants Outside the National 2009, 74 FR
Capitol Region, including receipt 48233.
and processing of employee
applications and distribution of
the fare media to employees; to
reimburse participants; to track
the use of funds used to support
the program; to evaluate employee
participation in the program; to
prevent misuse of the funds
involved; and to identify
individuals who receive a fare
subsidy and also make use of a DLA
Primary Level Field Activity
parking sticker.
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Dated: June 27, 2023.
Aaron T. Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 2023-13970 Filed 6-29-23; 8:45 am]
BILLING CODE 5001-06-P
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