Draft SORN

DEPARTMENT OF DEFENSE

Defense Threat Reduction Agency (DTRA)

Narrative Statement for a Modified System of Records

Under the Privacy Act of 1974

1. System name and number: Nuclear Test Participants, HDTRA 010.

2. Nature of proposed modifications for the system: This system is used by agency officials and employees, or authorized contractors, and other Department of Defense components in the preparation of the histories of nuclear test programs; to conduct scientific studies or medical follow-up programs and to provide data or documentation relevant to the processing of administrative claims or litigation. Records are maintained in the system for the purpose of verifying participation status and performance of dose estimates. Additionally, users may need records for performance of epidemiological studies. These records are used by DTRA to respond to over 700 annual atomic veteran radiogenic disease compensation inquiries from the Departments of Justice and Veterans Affairs. DTRA’s responses include verification of participation for presumptive claims, and radiation dose assessments for non-presumptive claims. If this system did not exist, DTRA responses would take much longer, would not be as accurate, and deserving veterans and/or their dependents would not receive service connected compensation to which they are due.

3. Authority for the maintenance of the system: Atomic Energy Act of 1954; 42 U.S.C. 2013, Purpose of chapter; 38 U.S.C. 1112, Presumptions relating to certain diseases and disabilities; 38 CFR 3.309, Disease subject to presumptive service connection; 38 CFR 3.311, Claims based on exposure to ionizing radiation; DNA OPLAN 600-77, Cleanup of Enewetak Atoll; and the Radiation Exposure Compensation Act (PL 100-426, as amended by PL 100-510); and E.O. 9397 (SSN), as amended.

4. Provide the agency’s evaluation on the probable or potential effect on the privacy of individuals: The program maintains rigorous security over its information (both in electronic and written formats) so there are minimal potential privacy risks regarding collection, use, and sharing of the information in identifiable form.

5. Routine use compatibility: In addition to those disclosures generally permitted under 5 U.S.C. 552a(b) of the Privacy Act, as amended, these 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:

1. To the Department of Veterans Affairs (VA) for the purpose of processing claims by individuals who allege service-connected disabilities as a result of participation in nuclear test programs and for litigation actions and to conduct epidemiological studies on the effect of radiation on nuclear test participants.

2. To the Department of Justice and the Department of Labor for the purpose of processing claims by individuals who allege job-related disabilities as a result of participation in nuclear test programs and for litigation actions.

3. To the Department of Energy (DOE) for the purpose of identifying DOE and DOE contractor personnel who were, or may be in the future, involved in nuclear test programs; and for use in processing claims or litigation actions.

4. To the Department of Health & Human Services and Vanderbilt University for the purpose of conducting epidemiological studies on the effects of ionizing radiation on participants of nuclear test programs. To the Veterans Board on Dose Reconstruction for the purposes of reviewing and overseeing the DoD Radiation Dose Reconstruction Program. Information may be released to individuals or their authorized representatives.

5. Congressional Inquiries Disclosure Routine Use: Disclosure from a system of records maintained by a DoD Component may be made to a congressional office from the record of an individual in response to an inquiry from the congressional office made at the request of that individual.

6. Law Enforcement Routine Use: If a system of records maintained by a DoD Component to carry out its functions indicates a violation or potential violation of law, whether civil, criminal, or regulatory in nature, and whether arising by general statute or by regulation, rule, or order issued pursuant thereto, the relevant records in the system of records may be referred, as a routine use, to the agency concerned, whether federal, state, local, or foreign, charged with the responsibility of investigating or prosecuting such violation or charged with enforcing or implementing the statute, rule, regulation, or order issued pursuant thereto.

7. Disclosure of Information to the National Archives and Records Administration Routine Use: A record from a system of records maintained by a DoD Component may be disclosed as a routine use to the National Archives and Records Administration for the purpose of records management inspections conducted under authority of 44 U.S.C. 2904 and 2906.

8. Data Breach Remediation Purposes Routine Use: A record from a system of records maintained by a Component may be disclosed to appropriate agencies, entities, and persons when (1) The Component suspects or has confirmed that the security or confidentiality of the information in the system of records has been compromised; (2) the Component has determined that as a result of the suspected or confirmed compromise there is a risk of harm to economic or property interests, identity theft or fraud, or harm to the security or integrity of this system or other systems or programs (whether maintained by the Component or another agency or entity) that rely upon the compromised information; and (3) the disclosure made to such agencies, entities, and persons is reasonably necessary to assist in connection with the Components efforts to respond to the suspected or confirmed compromise and prevent, minimize, or remedy such harm.

9. To contractors and others performing or working on a contract, service, grant, cooperative agreement, or other assignment for DTRA, when necessary to accomplish an agency function related to this system of records. Individuals provided information under this routine use is subject to the same Privacy Act requirements and limitations on disclosure as are applicable to DTRA officers and employees.

6. OMB public information collection requirements:

OMB collection required: Yes.

OMB Control Number: 0704-0447

Title of collection if other than #10: Nuclear Test Personnel Review Forms

Date Approved or Submitted: 06/24/2014

Expiration Date: 06/30/2017

Information Required by DPCLTD:

7. Name of IT system (state NONE if paper records only): Nuclear Test and Radiological Review (NTRR), DIPTR# 4257

8Is the system, in whole or in part, being maintained, (maintained, collected, used, or disseminated) by a contractor? Yes.

Billing Code:

DEPARTMENT OF DEFENSE

Office of the Secretary of Defense

[Docket ID:

Privacy Act of 1974; System of Records

AGENCY: Defense Threat Reduction Agency (DTRA)

ACTION: Notice of a Modified System of Records.

SUMMARY: The Defense Threat Reduction Agency proposes to modify a system of records, HDTRA 010, entitled “Nuclear Test Participants.” in its inventory of record systems subject to the Privacy Act of 1974 (5 U.S.C. 552a), as amended. These records are used by DTRA to respond to over 700 annual atomic veteran radiogenic disease compensation inquiries from the Departments of Justice and Veterans Affairs. DTRA’s responses include verification of participation for presumptive claims, and radiation dose assessments for non-presumptive claims. If this system did not exist, DTRA responses would take much longer, would not be as accurate, and deserving veterans and/or their dependents would not receive service connected compensation to which they are due.

The DTRA proposes to alter this system by changing the following sections: categories of individuals, categories of records, authorities, routine uses, storage, retrievability, safeguards, retention and disposal, system manager(s) and address, notification procedures, record access procedures, and contesting record procedures.

DATES: Comments will be accepted on or before [INSERT 30-DAYS FROM DATE OF PUBLICATION IN THE FEDERAL REGISTER]. This proposed action will be effective 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/Regulatory Information Number (RIN) 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, 4800 Mark Center Drive, Mailbox #24, Alexandria, VA 22350-1700.

Instructions: All submissions received must include the agency name and docket number or Regulatory Information Number (RIN) 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: Defense Threat Reduction Agency, FOIA and Privacy Office (FOIA/PA), 8725 John J. Kingman Road, MSC 6201, Fort Belvoir, VA 22060.

SUPPLEMENTARY INFORMATION: The Defense Threat Reduction Agency notices for systems of records 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 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 DATE, 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 to OMB Circular No. A-130, “Federal Agency Responsibilities for Maintaining Records About Individuals,” revised November 28, 2000 (December 12, 2000 65 FR 77677).

Dated:

Aaron Siegel

Alternate OSD Federal Register Liaison Officer, Department of Defense

System name and number:

Nuclear Test Participants (May 11, 2012, 77 FR 27739); HDTRA 010

Security classification:

Unclassified

System location:

Nuclear Test Personnel Review (NTPR) Office, Defense Threat Reduction Agency, 8725 John J. Kingman Road, Fort Belvoir, VA 22060-6201.

System manager(s):

Program Manager, Nuclear Test Personnel Review Office, Defense Threat Reduction Agency, 8725 John J. Kingman Road, Fort Belvoir, VA 22060-6201.

Changes:

Security classification:

Unclassified

* * * * *

System manager(s):

Delete entry and replace with “Program Manager, Nuclear Test Personnel Review Office, Defense Threat Reduction Agency, 8725 John J. Kingman Road, Fort Belvoir, VA 22060-6201.”

Authority for maintenance of the system:

Delete entry and replace with “Atomic Energy Act of 1954; 42 U.S.C. 2013, Purpose of chapter; 38 U.S.C. 1112, Presumptions relating to certain diseases and disabilities; 38 CFR 3.309, Disease subject to presumptive service connection; 38 CFR 3.311, Claims based on exposure to ionizing radiation; DNA OPLAN 600-77, Cleanup of Enewetak Atoll; and the Radiation Exposure Compensation Act (PL 100-426, as amended by PL 100-510); and E.O. 9397 (SSN), as amended.”

* * * * *

Categories of individuals covered by the system:

Delete entry and replace with “Veterans and Department of Defense (DoD) civilian participants of the U.S. nuclear testing programs from 1945 to 1992, military occupation forces assigned to Hiroshima or Nagasaki from August 6, 1945 to July 1, 1946, and DoD participants in the cleanup of the Pacific Proving Ground nuclear tests from 1960’s to 1980.”

Categories of records in the system:

Delete entry and replace with “Name, rank, grade, service number, Social Security Number (SSN), service affiliation, date of birth, last known or current address, dates and extent of test participation, radiation exposure data, unit of assignment, medical data, and documentation relative to administrative claims or civil litigation.”

* * * * *

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, these 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:

1. To the Department of Veterans Affairs (VA) for the purpose of processing claims by individuals who allege service-connected disabilities as a result of participation in nuclear test programs and for litigation actions and to conduct epidemiological studies on the effect of radiation on nuclear test participants.

2. To the Department of Justice and the Department of Labor for the purpose of processing claims by individuals who allege job-related disabilities as a result of participation in nuclear test programs and for litigation actions.

3. To the Department of Energy (DOE) for the purpose of identifying DOE and DOE contractor personnel who were, or may be in the future, involved in nuclear test programs; and for use in processing claims or litigation actions.

4. To the Department of Health & Human Services and Vanderbilt University for the purpose of conducting epidemiological studies on the effects of ionizing radiation on participants of nuclear test programs.

5. To the Veterans Board on Dose Reconstruction for the purposes of reviewing and overseeing the DoD Radiation Dose Reconstruction Program. Information may be released to individuals or their authorized representatives.

6. Congressional Inquiries Disclosure Routine Use: Disclosure from a system of records maintained by a DoD Component may be made to a congressional office from the record of an individual in response to an inquiry from the congressional office made at the request of that individual.

7. Law Enforcement Routine Use: If a system of records maintained by a DoD Component to carry out its functions indicates a violation or potential violation of law, whether civil, criminal, or regulatory in nature, and whether arising by general statute or by regulation, rule, or order issued pursuant thereto, the relevant records in the system of records may be referred, as a routine use, to the agency concerned, whether federal, state, local, or foreign, charged with the responsibility of investigating or prosecuting such violation or charged with enforcing or implementing the statute, rule, regulation, or order issued pursuant thereto.

8. Disclosure of Information to the National Archives and Records Administration Routine Use: A record from a system of records maintained by a DoD Component may be disclosed as a routine use to the National Archives and Records Administration for the purpose of records management inspections conducted under authority of 44 U.S.C. 2904 and 2906.

9. Data Breach Remediation Purposes Routine Use: A record from a system of records maintained by a Component may be disclosed to appropriate agencies, entities, and persons when (1) The Component suspects or has confirmed that the security or confidentiality of the information in the system of records has been compromised; (2) the Component has determined that as a result of the suspected or confirmed compromise there is a risk of harm to economic or property interests, identity theft or fraud, or harm to the security or integrity of this system or other systems or programs (whether maintained by the Component or another agency or entity) that rely upon the compromised information; and (3) the disclosure made to such agencies, entities, and persons is reasonably necessary to assist in connection with the Components efforts to respond to the suspected or confirmed compromise and prevent, minimize, or remedy such harm.”

Policies and Practices for Storage of Records:

Delete entry and replace with “Paper records, microfilm/fiche, and electronic storage media.”

Policies and Practices for Retrieval of Reords:

Delete entry and replace with “By name, SSN, service number, or any combination of the foregoing.”

* * * * *

Administrative, Technical and Physical Safeguards:

Delete entry and replace with “Records are maintained in a controlled facility. Physical entry is restricted by the use of security guards and intrusion alarm systems. Access to records is limited to person (s) responsible for servicing the record in the performance of their official duties and who are properly screened and cleared for need-to-know. Paper records, microfilm/fiche, and computer systems are accessible only by authorized personnel. Access to digital data requires user validation prior to use.”

Record access procedures:

Delete entry and replace with “Individuals seeking access to records about themselves is contained in this system of records should address written inquiries to the NTPR Program Manager, Nuclear Test Personnel Review Office, Defense Threat Reduction Agency, 8725 John J. Kingman Drive, Ft. Belvoir, VA 22060-6201.

Written requests for information should contain the full name, SSN and signature of the requester. For personal visits the individual should provide a military or civilian identification card.

For verification purposes, requestors must provide a notarized statement or an unsworn declaration made in accordance with 28 U.S.C. 1746, in the following format:

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).’

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).’”

Contesting record procedures:

Delete entry and replace with “The Defense Threat Reduction Agency rules for accessing records, for contesting contents, and appealing initial agency determinations are published in 32 CFR part 318.10 or may be obtained from the DTRA Freedom of Information/Privacy Act Office.”

Notification procedureS:

Delete entry and replace with “Individuals seeking to determine whether information about themselves is contained in this system of records should address written inquiries to the NTPR Program Manager, Nuclear Test Personnel Review Office, Defense Threat Reduction Agency, 8725 John J. Kingman Drive, Ft. Belvoir, VA 22060-6201.

Written requests for information should contain the full name, SSN and signature of the requester. For personal visits the individual should provide a military or civilian identification card.

For verification purposes, requestors must provide a notarized statement or an unsworn declaration made in accordance with 28 U.S.C. 1746, in the following format:

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).’

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).’”

* * * * *

HISTORY: December 14, 1998, 63 FR 68736; August 9, 2005, 70 FR 46154; October 26, 2009, 74 FR 54975; May 11, 2012, 77 FR 27739.

Nuclear Test Participants ; HDTRA 010

Security classification:

System location:

Nuclear Test Personnel Review (NTPR) Office, Defense Threat Reduction Agency, 8725 John J. Kingman Road, Fort Belvoir, VA 22060-6201.

SYSTEM MANAGER(S):

Program Manager, Nuclear Test Personnel Review Office, Defense Threat Reduction Agency, 8725 John J. Kingman Road, Fort Belvoir, VA 22060-6201.

Authority for maintenance of the system:

Atomic Energy Act of 1954; 42 U.S.C. 2013, Purpose of chapter; 38 U.S.C. 1112, Presumptions relating to certain diseases and disabilities; 38 CFR 3.309, Disease subject to presumptive service connection; 38 CFR 3.311, Claims based on exposure to ionizing radiation; DNA OPLAN 600-77, Cleanup of Enewetak Atoll; and the Radiation Exposure Compensation Act (PL 100-426, as amended by PL 100-510); and E.O. 9397 (SSN), as amended.

PURPOSE(S) OF THE SYSTEM:

For use by agency officials and employees, or authorized contractors, and other DoD components in the preparation of the histories of nuclear test programs; to conduct scientific studies or medical follow-up programs and to provide data or documentation relevant to the processing of administrative claims or litigation. Records are maintained in the system for the purpose of verifying participation status and performance of dose estimates. Additionally, users may need records for performance of epidemiological studies.

Categories of individuals covered by the system:

Veterans and Department of Defense (DoD) civilian participants of the U.S. nuclear testing programs from 1945 to 1992, military occupation forces assigned to Hiroshima or Nagasaki from August 6, 1945 to July 1, 1946, and DoD participants in the cleanup of the Pacific Proving Ground nuclear tests from 1960’s to 1980.

Categories of records in the system:

Name, rank, grade, service number, Social Security Number (SSN), service affiliation, date of birth, last known or current address, dates and extent of test participation, radiation exposure data, unit of assignment, medical data, and documentation relative to administrative claims or civil litigation.

Record source categories:

Retired Military Personnel records from the National Personnel Records Center, US DTRA Form 150 from individuals voluntarily contacting DTRA or other elements of DoD or other Government Agencies by phone or mail. DoD historical records, dosimetry records and records from the Department of Energy, Department of Veterans Affairs, the Social Security Administration, the Internal Revenue Service, and the Department of Health and Human Services.

Routine uses of records maintained in the system, including categories of user and the purposes of such uses:

In addition to those disclosures generally permitted under 5 U.S.C. 552a(b) of the Privacy Act of 1974, these 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:

1. To the Department of Veterans Affairs (VA) for the purpose of processing claims by individuals who allege service-connected disabilities as a result of participation in nuclear test programs and for litigation actions and to conduct epidemiological studies on the effect of radiation on nuclear test participants.

2. To the Department of Justice and the Department of Labor for the purpose of processing claims by individuals who allege job-related disabilities as a result of participation in nuclear test programs and for litigation actions.

3. To the Department of Energy (DOE) for the purpose of identifying DOE and DOE contractor personnel who were, or may be in the future, involved in nuclear test programs; and for use in processing claims or litigation actions.

4. To the Department of Health & Human Services and Vanderbilt University for the purpose of conducting epidemiological studies on the effects of ionizing radiation on participants of nuclear test programs.

5. To the Veterans Board on Dose Reconstruction for the purposes of reviewing and overseeing the DoD Radiation Dose Reconstruction Program. Information may be released to individuals or their authorized representatives.

6. Congressional Inquiries Disclosure Routine Use: Disclosure from a system of records maintained by a DoD Component may be made to a congressional office from the record of an individual in response to an inquiry from the congressional office made at the request of that individual.

7. Law Enforcement Routine Use: If a system of records maintained by a DoD Component to carry out its functions indicates a violation or potential violation of law, whether civil, criminal, or regulatory in nature, and whether arising by general statute or by regulation, rule, or order issued pursuant thereto, the relevant records in the system of records may be referred, as a routine use, to the agency concerned, whether federal, state, local, or foreign, charged with the responsibility of investigating or prosecuting such violation or charged with enforcing or implementing the statute, rule, regulation, or order issued pursuant thereto.

8. Disclosure of Information to the National Archives and Records Administration Routine Use: A record from a system of records maintained by a DoD Component may be disclosed as a routine use to the National Archives and Records Administration for the purpose of records management inspections conducted under authority of 44 U.S.C. 2904 and 2906.

9. Data Breach Remediation Purposes Routine Use: A record from a system of records maintained by a Component may be disclosed to appropriate agencies, entities, and persons when (1) The Component suspects or has confirmed that the security or confidentiality of the information in the system of records has been compromised; (2) the Component has determined that as a result of the suspected or confirmed compromise there is a risk of harm to economic or property interests, identity theft or fraud, or harm to the security or integrity of this system or other systems or programs (whether maintained by the Component or another agency or entity) that rely upon the compromised information; and (3) the disclosure made to such agencies, entities, and persons is reasonably necessary to assist in connection with the Components efforts to respond to the suspected or confirmed compromise and prevent, minimize, or remedy such harm.

Policies and Practices for Storage of Records:

Paper records, microfilm/fiche, and electronic storage media.

Policies and Practices for Retrieval of Reords:

By name, SSN, service number, or any combination of the foregoing.

Policies and practices for Retention and disposal OF RECORDS:

NTPR records are retained as per the program’s National Archives and Records Administration approved file plan. Temporary paper and microfiche records are collected for disposal in authorized containers. Digital storage devices are cleaned of all data before being processed for disposal.

Administrative, Technical, and Physical Safeguards:

Records are maintained in a controlled facility. Physical entry is restricted by the use of security guards and intrusion alarm systems. Access to records is limited to person (s) responsible for servicing the record in the performance of their official duties and who are properly screened and cleared for need-to-know. Paper records, microfilm/fiche, and computer systems are accessible only by authorized personnel. Access to digital data requires user validation prior to use.

Record access procedures:

Individuals seeking access to records about themselves is contained in this system of records should address written inquiries to the NTPR Program Manager, Nuclear Test Personnel Review Office, Defense Threat Reduction Agency, 8725 John J. Kingman Drive, Ft. Belvoir, VA 22060-6201.

Written requests for information should contain the full name, SSN and signature of the requester. For personal visits the individual should provide a military or civilian identification card.

For verification purposes, requestors must provide a notarized statement or an unsworn declaration made in accordance with 28 U.S.C. 1746, in the following format:

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).”

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).”

Contesting record procedures:

The Defense Threat Reduction Agency rules for accessing records, for contesting contents, and appealing initial agency determinations are published in 32 CFR part 318.10 or may be obtained from the DTRA Freedom of Information/Privacy Act Office

Notification procedureS:

Individuals seeking to determine whether information about themselves is contained in this system of records should address written inquiries to the NTPR Program Manager, Nuclear Test Personnel Review Office, Defense Threat Reduction Agency, 8725 John J. Kingman Drive, Ft. Belvoir, VA 22060-6201.

Written requests for information should contain the full name, SSN and signature of the requester. For personal visits the individual should provide a military or civilian identification card.

For verification purposes, requestors must provide a notarized statement or an unsworn declaration made in accordance with 28 U.S.C. 1746, in the following format:

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).”

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).”

Exemptions Promulgated for the system:

None.

history: December 14, 1998, 63 FR 68736; August 9, 2005, 70 FR 46154; October 26, 2009, 74 FR 54975; May 11, 2012, 77 FR 27739.

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