81 FR 12883 - Privacy Act of 1974; System of Records

DEPARTMENT OF DEFENSE
Department of the Army

Federal Register Volume 81, Issue 48 (March 11, 2016)

The Department of the Army proposes to alter a system of records, A0040-31b DASG, entitled ``Research and Experimental Case Files''. This is now a closed system; no new records may be added. Records will be used to enable follow up of volunteers who participated in Army medical research projects concerning chemical agents for the purpose of assessing risks/hazards to them, and for retrospective medical/scientific evaluation and future scientific and legal significance.

[Federal Register Volume 81, Number 48 (Friday, March 11, 2016)]
[Notices]
[Pages 12883-12885]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-05424]


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DEPARTMENT OF DEFENSE

Department of the Army

[Docket ID: USA-2016-HQ-0006]


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, A0040-31b DASG, entitled ``Research and Experimental Case 
Files''. This is now a closed system; no new records may be added. 
Records will be used to enable follow up of volunteers who participated 
in Army medical research projects concerning chemical agents for the 
purpose of assessing risks/hazards to them, and for retrospective 
medical/scientific evaluation and future scientific and legal 
significance.

DATES: Comments will be accepted on or before April 11, 2016. This 
proposed action will be effective on the day following the end of the 
comment period unless comments are received which result in a contrary 
determination.

ADDRESSES: You may submit comments, identified by docket number and 
title, by any of the following methods:
    * Federal Rulemaking Portal: http://www.regulations.gov. Follow the 
instructions for submitting comments.
    * Mail: Department of Defense, Office of the Deputy Chief 
Management Officer, Directorate of Oversight and Compliance, Regulatory 
and Audit Matters Office, 9010 Defense Pentagon, Washington, DC 20301-
9010.
    Instructions: All submissions received must include the agency name 
and docket number for this Federal Register document. The general 
policy for comments and other submissions from members of the public is 
to make these submissions available for public viewing on the Internet 
at http://www.regulations.gov as they are received without change, 
including any personal identifiers or contact information.

FOR FURTHER INFORMATION CONTACT: Ms. Tracy Rogers, Department of the 
Army, Privacy Office, U.S. Army Records Management and Declassification 
Agency, 7701 Telegraph Road, Casey Building, Suite 144, Alexandria, VA 
22315-3827 or by phone at 703-428-7499.

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 in FOR FURTHER INFORMATION CONTACT or at the Defense 
Privacy and Civil Liberties Office Web site at http://dpcld.defense.gov/.
    The proposed system report, as required by 5 U.S.C 552a(r) of the 
Privacy Act of 1974, as amended, was submitted on February 16, 2016, to 
the House Committee on Oversight and Government Reform, the Senate 
Committee on Governmental Affairs, and the Office of Management and 
Budget (OMB) pursuant to paragraph 4c of Appendix I of OMB Circular No. 
A-130, Federal Agency Responsibilities for Maintaining Records About 
Individuals,'' dated February 8, 1996 (February 20, 1996, 61 FR 6427).

    Dated: March 7, 2016.
Aaron Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
A0040-31b DASG

System name:
    Research and Experimental Case Files (April 4, 2003, 68 FR 16484)

Changes:
* * * * *

System name:
    Delete entry and replace with ``CLOSED--Research and Experimental 
Case Files.''

System location:
    Delete entry and replace with ``U.S. Army Medical Research 
Institute of Chemical Defense (USAMRICD), 2900 Ricketts Point Road, 
Aberdeen Proving Ground, MD 21010-5400.''

Categories of individuals covered by the system:
    Delete entry and replace with ``This is a closed system--no new 
records will be

[[Page 12884]]

added. Volunteers (military personnel, Federal civilian employees, 
state prisoners) who participated in Army medical research which 
included potential chemical agents and/or antidotes from the early 
1950's until the program ended in 1975.''

Categories of records in the system:
    Delete entry and replace with ``Name, Social Security Number (SSN), 
military service number, history and record of patient treatment, to 
include individual pre-test physical examination records and test 
records of performance and biomedical parameters measured during and 
after test exposure.''

Authority for maintenance of the system:
    Delete entry and replace with ``10 U.S.C. 3013, Secretary of the 
Army; Army Regulation 40-31, Armed Forces Institute of Pathology and 
Armed Forces Histopathology Centers; DoD Instruction 5154.30, Armed 
Forces Medical Examiner System (AFMES) Operations; 45 CFR part 160, 
Department of Health and Human Services General Administrative 
Requirements; 45 CFR part 164, Department of Health and Human Services 
Security and Privacy; and E.O. 9397 (SSN), as amended.''

Purpose(s):
    Delete entry and replace with ``Records were used to enable follow 
up of volunteers who participated in Army medical research projects 
concerning chemical agents for the purpose of assessing risks/hazards 
to them, and for retrospective medical/scientific evaluation and future 
scientific and legal significance.''

Routine uses of records maintained in the system, including categories 
of users and the purposes of such uses:
    Delete entry and replace with ``In addition to those disclosures 
generally permitted under 5 U.S.C. 552a(b) of the Privacy Act of 1974, 
as amended, the records contained therein may specifically be disclosed 
outside the DoD as a routine use pursuant to 5 U.S.C. 552a(b)(3) as 
follows:
    Information may be disclosed to the Department of Veterans Affairs 
in connection with benefits determinations.
    The DoD Blanket Routine Uses set forth at the beginning of the 
Army's compilation of systems of records notices may apply to this 
system. The complete list of DoD Blanket Routine Uses can be found 
online at: http://dpcld.defense.gov/Privacy/SORNsIndex/BlanketRoutineUses.aspx.

    Note:  This system of records contains individually identifiable 
health information. The DoD Health Information Privacy Regulation 
(DoD 6025.18-R) issued pursuant to the Health Insurance Portability 
and Accountability Act of 1996, applies to most such health 
information. DoD 6025.18-R may place additional procedural 
requirements on the uses and disclosures of such information beyond 
those found in the Privacy Act of 1974, as amended, or mentioned in 
this system of records notice.''

Policies and practices for storing, retrieving, accessing, retaining, 
and disposing of records in the system:
Storage:
    Delete entry and replace with ``Paper, electronic storage media, 
and microfiche.''

Retrievability:
    Delete entry and replace with ``Individual's name, military service 
number, or SSN.''

Safeguards:
    Delete entry and replace with ``Records are maintained in a 
controlled area accessible only to authorized personnel. Access to 
personally identifiable information in this system of records is 
restricted to those who require the data in the performance of the 
official duties. The USAMRICD utilizes ID badges, closed circuit 
television, and electronic key access as physical security measures 
that ensure only authorized personnel have access to the records 
storage area. The electronic files are stored on compact disk storage 
media and secured in the same location as the paper records. The disks 
are accessed on Common Access Card (CAC) login-secured computers and 
then stored when not in use. Electronic copies of the records are not 
stored on any computer.''

Retention and disposal:
    Delete entry and replace with ``Electronic records will be owned by 
the Army and maintained by the system owner at USAMRICD, 2900 Ricketts 
Point Road, Aberdeen Proving Ground, MD 21010-5400. Original hard copy 
records are now stored at the National Archives, 1 Archives Drive, St. 
Louis MO 63138-1001, for permanent retention. Records relating to 
research studies that require a signed consent form from participants 
will be retained for 75 years. Records will be destroyed by shredding 
or deleting.''

System manager(s) and address:
    Delete entry and replace with ``Chief Information Officer, US Army 
Medical Research Institute of Chemical Defense (USAMRICD), 2900 
Ricketts Point Road, Aberdeen Proving Ground, MD 21010-5400.''

Notification procedure:
    Delete entry and replace with ``Individuals seeking to determine 
whether information about themselves is contained in this system should 
address written inquiries to the FOIA/Privacy Act Officer, U.S. Army 
Medical Research Institute of Chemical Defense (USARMRICD), 2900 
Ricketts Point Road, Aberdeen Proving Ground, MD 21010-5400.
    Individual should provide full name, military service number or 
SSN, current address, and telephone number of the requester.
    In addition, the requester must provide a notarized statement or an 
unsworn declaration made in accordance with 28 U.S.C. 1746, in the 
following format:
    If executed outside the United States: `I declare (or certify, 
verify, or state) under penalty of perjury under the laws of the United 
States of America that the foregoing is true and correct. Executed on 
(date). (Signature).'
    If executed within the United States, its territories, possessions, 
or commonwealths: `I declare (or certify, verify, or state) under 
penalty of perjury that the foregoing is true and correct. Executed on 
(date). (Signature).' ''

Record access procedures:
    Delete entry and replace with ``Individuals seeking access to 
information about themselves contained in this system should address 
written inquiries to the FOIA/Privacy Act Officer, U.S. Army Medical 
Research Institute of Chemical Defense (USARMRICD), 2900 Ricketts Point 
Road, Aberdeen Proving Ground, MD 21010-5400.
    Individual should provide full name, military service number or 
SSN, current address, and telephone number of the requester.
    In addition, the requester must provide a notarized statement or an 
unsworn declaration made in accordance with 28 U.S.C. 1746, in the 
following format:
    If executed outside the United States: `I declare (or certify, 
verify, or state) under penalty of perjury under the laws of the United 
States of America that the foregoing is true and correct. Executed on 
(date). (Signature).'
    If executed within the United States, its territories, possessions, 
or commonwealths: `I declare (or certify, verify, or state) under 
penalty of perjury that the foregoing is true and correct. Executed on 
(date). (Signature).' ''

Contesting record procedures:
    Delete entry and replace with ``The Army's rules for accessing 
records, and

[[Page 12885]]

for contesting contents and appealing initial agency determinations are 
contained in 32 CFR part 505, Army Privacy Program; or may be obtained 
from the system manager.''

Record source categories:
    Delete entry and replace with ``Information was received from the 
individual through test and questionnaire forms completed at test 
location; from medical authorities and sources by evaluation of data 
collected previous to, during, and following tests while individual was 
in this research program.''
* * * * *
[FR Doc. 2016-05424 Filed 3-10-16; 8:45 am]
 BILLING CODE 5001-06-P