Notice2024-01553
Privacy Act of 1974; System of Records
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
January 26, 2024
Effective
January 26, 2024
Issuing agencies
Defense Department
Abstract
In accordance with the Privacy Act of 1974, the DoD is providing notice to rescind 23 Privacy Act SORNs. A description of these systems can be found 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to amend its regulation and remove the Privacy Act exemptions rule for four SORNs [items (i) through (k), and (t)] rescinded in this notice.
Full Text
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<title>Federal Register, Volume 89 Issue 18 (Friday, January 26, 2024)</title>
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[Federal Register Volume 89, Number 18 (Friday, January 26, 2024)]
[Notices]
[Pages 5216-5219]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-01553]
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DEPARTMENT OF DEFENSE
Office of the Secretary
[Docket ID: DoD-2024-OS-0009]
Privacy Act of 1974; System of Records
AGENCY: Department of Defense (DoD).
ACTION: Rescindment of a system of records notices.
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SUMMARY: In accordance with the Privacy Act of 1974, the DoD is
providing notice to rescind 23 Privacy Act SORNs. A description of
these systems can be found 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 exemptions rule for four SORNs
[items (i) through (k), and (t)] rescinded in this notice.
DATES: The rescindment of these SORNs is effective January 26, 2024.
FOR FURTHER INFORMATION CONTACT: Ms. Rahwa Keleta, Privacy and Civil
Liberties Directorate, 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#38776b7c167c687b746c7c785559515416555154"><span class="__cf_email__" data-cfemail="7d322e3953392d3e3129393d101c141153101411">[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
[[Page 5217]]
inventory, DoD determined it no longer needs or uses these systems of
records because the records are covered by other SORNs; therefore, DoD
is retiring the following:
These five systems of records [items (a) through (e)] are being
rescinded because the records are now maintained as 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).
(a) The Department of the Navy system of records MJA00018,
Performance File (August 3, 1993, 58 FR 41257) was established to
provide a record on individuals from the initiation of investigation or
indictment until such procedure is final, whether by conviction,
acquittal, dismissal, or by the matter being dropped, and any resultant
administrative action or proceedings for use in determining assignments
whether an individual selected for promotion should be promoted while
the matter is pending.
(b) The Department of the Navy system of records N05814-3, Courts-
Martial Information (January 8, 2001, 66 FR 1325) was established to
collect data on general and bad conduct discharge special courts-
martial 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. Files contain courts-martial information
on special courts-martial if sentence, as finally approved, includes a
punitive discharge and all general courts-martial including name,
Social Security Number, pleas, convening authority action, supervisory
authority action, and Court of Military Review action. Information is
available from 1970 through 1986 only.
(c) The Department of the Navy system of records N05814-4, Article
69(b) Petitions (January 8, 2001, 66 FR 1326) was established to
complete appellate review as required under 10 U.S.C. 869(b) and to
provide a central repository accessible to the public who may request
information concerning the appellate review or want copies of
individual public records, as well as 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. Files
contain individual service member's petition together with all
forwarding endorsements and copies of action taken by the Judge
Advocate General with supporting memorandum.
(d) The Department of the Navy system of records N05814-5, Article
73 Petitions for New Trial (January 8, 2001, 66 FR 1327) was
established to provide a record of individual petitions in order to
answer inquiries from the individual concerned and to provide
additional advice to commands involved when and if such petitions are
granted. Files contain the petition for new trial, the forwarding
endorsements if the petition was submitted via the chain of command,
and the action of the Judge Advocate General on the petition.
(e) The Department of the Navy system of records N05814-6,
Appellate Case Tracking System (ACTS) (June 8, 1999, 64 FR 30498) was
established to track the status of courts-martial cases appealed to the
Navy-Marine Corps Court of Criminal Appeals for the Armed Forces. The
system was also used by the officials and employees of the Department
of the Navy to provide management and statistical information to
governmental, public, and private organizations and individuals. Files
contain Navy appellate case records, additional Navy appellate case
information records, and historical Navy appellate case records from
1986 to present.
These four systems of records [items (f) through (i)] are being
rescinded because the records are now maintained as part of the DoD-
wide system of records titled DoD-0016, DoD Claims Management Records,
published in the Federal Register on April 26, 2023 (88 FR 25384).
(f) The Department of the Air Force system of records F051 AFJA J,
Claims Records (December 31, 2008, 73 FR 80377) was established for
claims adjudication and processing, budgeting, and management of
claims. Records are also used as necessary in civil litigation
involving the United States.
(g) The Department of the Navy system of records N05880-2,
Admiralty Claims Files (December 6, 2013, 78 FR 73512; May 9, 2003, 68
FR 24971) was established to evaluate and settle Admiralty tort claims
asserted for and against the Department of the Navy involving death,
personal injury, property damage, or salvage, and to provide litigation
support to the Department of Justice.
(h) The Department of the Navy system of records N05890-8, NAVSEA
Radiation Injury Claim Records (February 22, 1993, 58 FR 10788) was
established to provide NAVSEA Radiological Control Managers with
information necessary to evaluate radiation injury compensation claims.
(i) The Defense Intelligence Agency system of records LDIA 0900,
Accounts Receivable, Indebtedness and Claims (November 15, 2013, 78 FR
68828; May 3, 2012, 77 FR 26257; August 10, 2011, 76 FR 49457) was
established to manage records used in cases regarding claims, payments,
and indebtedness associated with the Defense Intelligence Agency.
Information is used to comply with regulatory requirements and to
facilitate collections and/or payments.
These two systems of records [items (j) through (k)] are rescinded
because the records are now maintained as a part of the DoD-wide system
of records titled DoD-0017, Privacy and Civil Liberties Complaints and
Correspondence Records published in the Federal Register on February
23, 2023 (88 FR 11412).
(j) The Office of the Inspector General system of records CIG-29,
Privacy and Civil Liberties Complaint Reporting System (May 5, 2014, 79
FR 25586) was established to support the DoD Inspector General Privacy
and Civil Liberties Programs and the requirement to report complaints
to the Defense Privacy and Civil Liberties Office for reporting to
Congress.
(k) The Defense Intelligence Agency system of records LDIA 12-0002,
Privacy and Civil Liberties Case Management Records (September 17,
2012, 77 FR 57078) was established to receive, log, and track the
processing of Privacy Act violations, inquiries, and allegations of
violations of civil liberties.
These eight systems of records [items (l) through (s)] are
rescinded because the records are now maintained as a part of the DoD-
wide system of records titled DoD-0018, DoD Patron Authorization,
Retail, and Service Activities, published in the Federal Register on
March 30, 2023 (88 FR 19103).
(l) The Department of the Army system of records AAFES 0207.02,
Exchange Retail Sales Transaction Data (March 18, 2016, 81 FR 14839;
August 28, 2006, 71 FR 50900) was established and maintained to enable
the Army and Air Force Exchange Service to carry out its mission to
enhance the quality of life for authorized patrons and to support
military readiness, recruitment, and retention by providing a world-
wide system of Exchanges with merchandise and household goods similar
to commercial stores and services.
(m) The Department of the Army system of records AAFES 0702.34,
Accounts Receivable Files (November 4, 1999, 64 FR 60179) was
established to process, monitor, and post audit accounts receivable, to
administer the
[[Page 5218]]
Federal Claims Collection Act, and to answer inquiries pertaining
thereto; to collect indebtedness.
(n) The Department of the Army system of records AAFES 1609.02,
AAFES Customer Service (August 28, 2006, 71 FR 50898) was established
to record customer transactions/payment for layaway and special orders;
to determine payment status before finalizing transactions; to identify
account delinquencies and prepare customer reminder notices; to mail
refunds on canceled layaway or special orders; to process purchase
refunds; to document receipt from customer of merchandise subsequently
returned to vendors for repair or replacement, shipping/delivery
information, and initiate follow up actions; to monitor individual
customer refunds; to perform market basket analysis; to improve
efficiency of marketing system(s); and to help detect and prevent
criminal activity and identify potential abuse of exchange privileges.
(o) The Department of the Army system of records AAFES 1609.03,
AAFES Catalog System (December 14, 2015, 80 FR 77330; August 9, 1996,
61 FR 41593) was established to locate order information; to reply to
customer inquiries and complaints; to create labels for shipment to the
proper location; to refund customer remittances or to collect monies
due; to provide claim and postal authorities with confirmation/
certification of shipment for customer claims for damage or lost
shipments.
(p) The Department of the Navy system of records N04066-1, Bad
Checks and Indebtedness Lists (September 22, 2006, 71 FR 55445) was
established to maintain an automated tracking and accounting system for
individuals indebted to the Department of the Navy and to collect
indebtedness. Records in this system are subject to use in approved
computer matching programs authorized under the Privacy Act of 1974, as
amended, for debt collection purposes. Records may also be used by the
Army and Air Force Exchange Service (AAFES) or its contractor for the
purpose of recouping fees.
(q) The Department of the Navy system of records N04066-3, NEXCOM
Layaway Sales Records (April 30, 2008, 73 FR 23446) was established to
record the selection of layaway merchandise, record payments, verify
merchandise pickup, and as a management tool to perform sales audits.
(r) The Department of the Navy system of records N04066-5, NEXCOM
Direct Mail List/Patron Profile (September 9, 1996, 61 FR 47491) was
established to maintain a database which will permit the Navy Exchange
Program to mail sales promotional, informational, and market research
materials to those authorized customers who have requested receipt of
materials.
(s) The Defense Commissary Agency system of records Z0035-01,
Commissary Retail Sales Transaction Data (January 6, 2015, 80 FR 497;
May 24, 2013, 78 FR 31528; December 28, 2007, 72 FR 73782) was
established to enable the Defense Commissary Agency to carry out its
mission to enhance the quality of life of members of the uniformed
services, retired members, and dependents of such members, and to
support military readiness, recruitment, and retention by providing a
world-wide system of commissaries similar to commercial grocery stores
and selling merchandise and household goods similar to those sold in
commercial grocery stores; to enable the authentication of authorized
patrons, record purchases and purchases prices, calculate the total
amount owed by the customer, account for and deduct coupons and other
promotional discounts, and accept payment by various media; to enable
the collection of debts due the United States in the event a patron's
medium of payment is declined or returned unpaid; to enable the
monitoring of purchases of restricted items outside the United States,
its territories, and possessions, as necessary, to prevent black
marketing in violation of treaties or agreements, and to comply with
age restrictions applicable to certain purchases by minors or those
under allowable ages; to enable authorized patrons to order commissary
retail products on-line through their home computer or mobile device
and to pay for such purchases electronically either at the time of
ordering or at the time of pick up; to enable the creation of
commissary patron profiles for the purposes of determining aggregate
patron demographic data and patron shopping preference information, and
to enable the compilation of individual patron comments, inquiries,
complaints, requests, and feedback posted to social media pages; for
use in responding to individual patron inquiries, assessing aggregate
patron satisfaction with the delivery of the commissary benefit, and in
determining appropriate product availability meeting the commissary
customers' current and future needs and wants.
The following individual system of records notices [items (t)
through (w)] are being rescinded for the reasons stated in each
paragraph below.
(t) The Defense Counterintelligence and Security Agency (DCSA)
system of records V5-04, Counterintelligence Issues Database (CII-DB)
(January 29, 2013, 78 FR 6077; August 17, 1999, 64 FR 44710) was
established to provide a centralized database to document, refer,
track, monitor, and evaluate Counterintelligence indicators/issues
uncovered through Personnel Security Investigations and Administrative
Inquiries. The DCSA is rescinding V5-04 because the records are
maintained as part of as a part of the DoD-wide system of records
titled DUSDI 02-DoD, Personnel Vetting Records System published in the
Federal Register on October 17, 2018 (83 FR 52420).
(u) The Defense Contract Audit Agency system of records RDCAA
358.3, Grievance and Appeal Files (December 31, 2012, 77 FR 77048;
November 20, 1997, 62 FR 62012) was established to record the
grievance, the nature and scope of inquiry into the matter being
grieved, and the treatment accorded the matter by management. The DCAA
is rescinding RDCAA 358.3 because the records are maintained as part of
EEOC/GOVT-1, Equal Employment Opportunity in the Federal Government
Complaint and Appeals Records, published in the Federal Register on
November 17, 2016, 81 FR 8116.
(v) The Office of the Secretary, DoD/Joint Staff system of records
DWHS D01, DoD National Capital Region Mass Transportation Benefit
Program (February 25, 2016, 81 FR 9462; October 27, 2015, 80 FR 65724;
December 9, 2011, 76 FR 76959) was established to manage the DoD
National Capital Region Mass Transportation Benefit Program for DoD
military and civilian personnel applying for and in receipt of fare
subsidies. Used as a management tool for statistical analysis,
tracking, reporting, evaluating program effectiveness, and conducting
research. The Office of the Secretary, DoD/Joint Staff is rescinding
DWHS D01 because the records are now maintained as part of the DoD-
0009, Defense Mass Transportation Benefits Records published in the
Federal Register on January 7, 2022, 87 FR 943.
(w) The Defense Intelligence Agency (DIA) system of records LDIA
0011, Student Information Files (August 5, 2013, 78 FR 47308; May 11,
2010; 75 FR 26201) was established to provide data for managing the
student population at the National Intelligence University (NIU) and
for historical documentation. The DIA is rescinding LDIA 011 because
the records are now maintained as part of the ODNI/NIU-01, NIU Program
Records published in the Federal
[[Page 5219]]
Register on October 6, 2022, 87 FR 60713.
DoD SORNs have been published in the Federal Register and are
available from the address in FOR FURTHER INFORMATION CONTACT or at the
Privacy and Civil Liberties 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 alien
lawfully admitted for permanent residence.
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.
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System name Number History
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(a) Performance File..................... MJA00018........................... August 3, 1993, 58 FR 41257.
(b) Courts-Martial Information........... N05814-3........................... January 8, 2001, 66 FR 1325.
(c) Article 69(b) Petitions.............. N05814-4........................... January 8, 2001, 66 FR 1326.
(d) Article 73 Petitions for New Trial... N05814-5........................... January 8, 2001, 66 FR 1327.
(e) Appellate Case Tracking System (ACTS) N05814-6........................... June 8, 1999, 64 FR 30498.
(f) Claims Records....................... F051 AFJA J........................ December 31, 2008, 73 FR 80377.
(g) Admiralty Claims Files............... N05880-2........................... December 6, 2013, 78 FR 73512;
May 9, 2003, 68 FR 24971.
(h) NAVSEA Radiation Injury Claim Records N05890-8........................... February 22, 1993, 58 FR 10788.
(i) Accounts Receivable, Indebtedness and LDIA 0900.......................... November 15, 2013, 78 FR 68828;
Claims. May 3, 2012, 77 FR 26257;
August 10, 2011, 76 FR 49457.
(j) Privacy and Civil Liberties Complaint CIG-29............................. May 5, 2014, 79 FR 25586.
Reporting System.
(k) Privacy and Civil Liberties Case LDIA 12-0002....................... September 17, 2012, 77 FR 57078.
Management Records.
(l) Exchange Retail Sales Transaction AAFES 0207.02...................... March 18, 2016, 81 FR 14839;
Data. August 28, 2006, 71 FR 50900.
(m) Accounts Receivable Files............ AAFES 0702.34...................... November 4, 1999, 64 FR 60179.
(n) AAFES Customer Service............... AAFES 1609.02...................... August 28, 2006, 71 FR 50898.
(o) AAFES Catalog System................. AAFES 1609.03...................... December 14, 2015, 80 FR 77330;
August 9, 1996, 61 FR 41593.
(p) Bad Checks and Indebtedness List..... N04066-1........................... September 22, 2006, 71 FR 55445.
(q) NEXCOM Layaway Sales Records......... N04066-3........................... April 30, 2008, 73 FR 23446.
(r) NEXCOM Direct Mail List/Patron N04066-5........................... September 9, 1996, 61 FR 47491.
Profile.
(s) Commissary Retail Sales Transaction Z0035-01........................... January 6, 2015, 80 FR 497; May
Data. 24, 2013, 78 FR 31528; December
28, 2007, 72 FR 73782.
(t) Counterintelligence Issues Database V5-04.............................. January 29, 2013; 78 FR 6077;
(CII-DB). August 17, 1999, 64 FR 44710.
(u) Grievance and Appeals Files.......... RDCAA 358.3........................ December 31, 2012, 77 FR 77048;
November 20, 1997, 62 FR 62012.
(v) DoD National Capital Region Mass DWHS D01........................... February 25, 2016, 81 FR 9462;
Transportation Benefit Program. October 27, 2015, 80 FR 65724;
December 9, 2011, 76 FR 76959.
(w) Student Information Files............ LDIA 011........................... August 5, 2013, 78 FR 47308; May
11, 2010; 75 FR 26201.
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Dated: January 22, 2024.
Aaron T. Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 2024-01553 Filed 1-25-24; 8:45 am]
BILLING CODE 6001-FR-P
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