Privacy Act of 1974; System of Records, 73282-73283 [2014-28892]

Agencies

• DEPARTMENT OF DEFENSE
• Department of the Army

[Federal Register Volume 79, Number 237 (Wednesday, December 10, 2014)]
[Notices]
[Pages 73282-73283]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-28892]


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DEPARTMENT OF DEFENSE

Department of the Army

[Docket ID USA-2014-0046]


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, A0715 DAJA, entitled ``Army Procurement Fraud Branch 
Misconduct Files'', in its existing inventory of records systems 
subject to the Privacy Act of 1974, as amended. This system is used to 
determine whether criminal, administrative, or civil proceedings should 
be initiated against the contractor with the government or government 
procurement officials for criminal or other misconduct, or 
unsatisfactory performance in connection with procurement activities 
and to maintain and distribute a list of contractors determined to be 
ineligible to participate in Government procurement activities.

DATES: Comments will be accepted on or before January 9, 2015. 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: https://www.regulations.gov.
    Follow the instructions for submitting comments.
    * Mail: Federal Docket Management System Office, 4800 Mark Center 
Drive, East Tower, 2nd Floor, Suite 02G09, Alexandria, VA 22350-3100.
    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 https://www.regulations.gov as they are received without change, 
including any personal identifiers or contact information.

FOR FURTHER INFORMATION CONTACT: Mr. Leroy Jones, Jr., Department of 
the Army, Privacy Office, U.S. Army Records Management and 
Declassification Agency, 7701 Telegraph Road, Casey Building, Suite 
144, Alexandria, VA 22325-3905 or by calling (703) 428-6185.

SUPPLEMENTARY INFORMATION: The Department of the Army's 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 from 
the Defense Privacy and Civil Liberties Office Web site at https://dpclo.defense.gov/.
    The proposed systems reports, as required by 5 U.S.C. 552a(r) of 
the Privacy Act, as amended were submitted on November 24, 2014, to the 
House Committee on Oversight and Government Reform, the Senate 
Committee on Homeland Security and 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,'' dated February 8, 1996 
(February 20, 1996, 61 FR 6427).

    Dated: December 5, 2014.
Aaron Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
A0715 DAJA

System name:
    Procurement Misconduct Files (July 26, 2001, 66 FR 39027).

Changes:
* * * * *

System name:
    Delete entry and replace with ``Army Procurement Fraud Branch 
Misconduct Files.''

System location:
    Delete entry and replace with ``United States Army Legal Services 
Agency, Procurement Fraud Branch, 9275 Gunston Road, Building 1450, 
Fort Belvoir, Virginia 22060-5546.''

Categories of individuals covered by the system:
    Delete entry and replace with ``Individuals or legal entities 
investigated for alleged procurement misconduct, such as fraudulent 
activities in securing or performing a government contract, or other 
conduct indicating a lack of present responsibility within the meaning 
of the Federal Acquisition Regulations.''

Categories of records in the system:
    Delete entry and replace with ``Criminal and administrative 
investigations of fraudulent, criminal, or other misconduct or 
unsatisfactory performance in connection with government procurement 
activities; names of individuals; procurement fraud case number; and 
the list of parties excluded from procurement programs.''

Authority for maintenance of the system:
    Delete entry and replace with ``10 U.S.C. 3013, Secretary of the 
Army; 48 CFR Chapter 2, Defense Federal Acquisition Regulations; 
Federal Acquisition Regulations 9.406-3; DoD Instruction 7050.05, 
Coordination of Remedies for Fraud and Corruption Related to 
Procurement Activities; and Army Regulation 27-40, Chapter 8, 
Litigation, Remedies in Procurement Fraud and Corruption.''

Purpose(s):
    Delete entry and replace with ``To determine whether criminal, 
administrative, or civil proceedings should be initiated against the 
contractor with the government or government procurement officials for 
criminal or other misconduct, or

[[Page 73283]]

unsatisfactory performance in connection with procurement activities 
and to maintain and distribute a list of contractors determined to be 
ineligible to participate in Government procurement activities.''

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, these records contained therein may specifically be 
disclosed outside the DoD as a routine use pursuant to 5 U.S.C. 
55a(b)(3) as follows:
    Information may be disclosed to the Department of Justice, United 
States Attorneys, and Federal law enforcement agencies in the course of 
their official functions.
    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.''
* * * * *

Storage:
    Delete entry and replace with ``Electronic storage media and paper 
records.''

Retrievability:
    Delete entry and replace with ``By name and procurement fraud case 
number.''

Safeguards:
    Delete entry and replace with ``Records are maintained in file 
cabinets accessible only by authorized personnel who are properly 
instructed in the permissible use of the information in the performance 
of their duties. DoD Components and approved users ensure that 
electronic records collected and used are maintained in controlled 
areas accessible only to authorized personnel. Physical security 
differs from site to site, but the automated records must be maintained 
in controlled areas accessible only by authorized personnel. Access to 
computerized data is restricted by use of common access cards (CACs) 
and is accessible only by users with an authorized account. The system 
and electronic backups are maintained in controlled facilities that 
employ physical restrictions and safeguards such as security guards, 
identification badges, key cards, and locks.''
* * * * *

System manager(s) and address:
    Delete entry and replace with ``Chief, Procurement Fraud Branch, 
United States Army Legal Services Agency, 9275 Gunston Road, Building 
1450, Fort Belvoir, Virginia 22060-5546.''

Notification procedure:
    Delete entry and replace with ``Individuals seeking to determine 
whether information about themselves is contained in this system should 
address inquiries to the Office of the United States Army Legal 
Services Agency, Chief Procurement Fraud Branch, 9275 Gunston Road, 
Building 1450, Fort Belvoir, Virginia 22060-5546.
    Individuals should provide their full name, and current address and 
telephone number for verification purposes, any specific details that 
will enable locating the record, and signature.
    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 
inquiries to the Office of the United States Army Legal Services 
Agency, Chief Procurement Fraud Branch, 9275 Gunston Road, Building 
1450, Fort Belvoir, Virginia 22060-5546.
    Individuals should provide their full name, and current address and 
telephone number for verification purposes, any specific details that 
will enable locating the record, and signature.
    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).' ''
* * * * *
[FR Doc. 2014-28892 Filed 12-9-14; 8:45 am]
BILLING CODE 5001-06-P