Privacy Act of 1974; Systems of Records, 4009-4012 [E9-1246]

Download as PDF Federal Register / Vol. 74, No. 13 / Thursday, January 22, 2009 / Notices ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES: Safety, and the DLA General Counsel personnel. In addition to those disclosures generally permitted under 5 U.S.C. 552a(b) of the Privacy Act, these records or information contained therein may specifically be disclosed outside the DOD as a routine use pursuant to 5 U.S.C. 552a(b)(3) as follows: To Federal, State, and local agencies having jurisdiction over or investigative interest in the substance of the investigation, for corrective action, debarment, or reporting purposes. To Government contractors employing individuals who are subjects of an investigation. To DLA contractors or vendors when the investigation pertains to a person they employ or to a product or service they provide to DOD when disclosure is necessary to accomplish or support corrective action. The DOD ‘‘Blanket Routine Uses’’ also apply to this system of records. RETENTION AND DISPOSAL: POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM: Paper records and electronic storage media. RETRIEVABILITY: Hardcopy records filed chronologically by DLA case number and cross-indexed to individual or file name. Automated records are retrievable by name of the individual or firm, DLA case number, DLA Field Activity number or activity code, or keyword. rmajette on PRODPC74 with NOTICES SAFEGUARDS: Physical entry is restricted by the use of guards, locks, and administrative procedures. Computer terminals are password controlled with systemgenerated, forced password-change protocols or also equipped with ‘‘Smart Card’’ technology that requires the insertion of an embedded identification card and entry of a personal identification number (PIN). In addition, computer screens lock after a preset period of inactivity with re-entry controlled by passwording. DCIRS is also password controlled. Access to the database is limited to those DLA personnel who require the records in the performance of their official duties. Employees are periodically briefed on their responsibilities regarding privacy information. All individuals granted access to DCIRS is to have taken Information Assurance and Privacy Act training. Records and computerized files are maintained in areas accessible only to the DLA OI, DLA Offices of Public 14:47 Jan 21, 2009 Jkt 217001 SYSTEM MANAGER(S) AND ADDRESS: Staff Director, DLA Office of Investigations, Headquarters, Defense Logistics Agency, 8725 John J. Kingman Road, Stop 2358, Fort Belvoir, VA 22060–6221. Individuals seeking to determine whether information about themselves is contained in this system of records should address written inquiries to the Privacy Act Office, Headquarters, Defense Logistics Agency, Attn: DGA, 8725 John J. Kingman Road, Stop 2533, Fort Belvoir, VA 22060–6221. Individual must provide full name, current address and telephone numbers. CONTESTING RECORD PROCEDURES: The DLA rules for accessing records, for contesting contents, and appealing initial agency determinations are contained in 32 CFR part 323, or may be obtained from the Privacy Act Office, Headquarters, Defense Logistics Agency, Attn: DGA, 8725 John J. Kingman Road, Stop 2533, Fort Belvoir, VA 22060– 6221. RECORD SOURCE CATEGORIES: Reports of Preliminary Inquiry, Criminal Information Reports, Reports of Referral, Reports of Investigation, Police Incident Reports, Trade Security Controls Assessment Records, Reports of Post Sale Investigation, Crime Vulnerability Assessments, Response to Leads, Reports of Outreach, Reports of Corrective Action, Commander or Director’s Reports of Corrective Action, invoices, sales contracts, messages, statements of witnesses, subjects, and victims, photographs, laboratory reports, data collection reports, and other related papers, by DLA Investigators, Security Officers, Federal, State, and local law enforcement and investigative agencies. Frm 00029 Fmt 4703 Sfmt 4703 Parts of this system may be exempt pursuant to 5 U.S.C. 552a(j)(2) if the information is compiled and maintained by a component of the agency that performs as its principle function any activity pertaining to the enforcement of criminal laws. An exemption rule for this system has been promulgated in accordance with the requirements of 5 U.S.C. 553(b)(1), (2), and (3)(c) and (e) and is published at 32 CFR part 323. For more information contact the system manager. [FR Doc. E9–1239 Filed 1–21–09; 8:45 am] DEPARTMENT OF DEFENSE Office of the Secretary [Docket ID DoD–2009–OS–0009] Privacy Act of 1974; Systems of Records Defense Logistics Agency, DoD. Notice To Alter a System of Records. AGENCY: ACTION: Individuals seeking access to information about themselves contained in this system of records should address written inquiries to the Privacy Act Office, Headquarters, Defense Logistics Agency, Attn: DGA, 8725 John J. Kingman Road, Stop 2533, Fort Belvoir, VA 22060–6221. Individual must provide full name, current address and telephone numbers. PO 00000 EXEMPTIONS CLAIMED FOR THE SYSTEM: BILLING CODE 5001–06–P NOTIFICATION PROCEDURE: RECORD ACCESS PROCEDURES: STORAGE: VerDate Nov<24>2008 Disposition pending. Until the National Archives and Records Administration has approved the retention and disposal of these records, treat them as permanent. 4009 SUMMARY: The Defense Logistics Agency proposes to alter a system of records notice in its existing inventory of records systems subject to the Privacy Act of 1974 (5 U.S.C. 552a), as amended. DATES: This proposed action will be effective without further notice on February 23, 2009, unless comments are received which result in a contrary determination. ADDRESSES: Send comments to the Privacy Act Officer, Headquarters, Defense Logistics Agency, Attn: DP, 8725 John J. Kingman Road, Stop 2533, Fort Belvoir, VA 22060–6221. FOR FURTHER INFORMATION CONTACT: Ms. Jody Sinkler at (703) 767–5045. SUPPLEMENTARY INFORMATION: The Defense Logistics Agency 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 above. The proposed system reports, as required by 5 U.S.C. 552a(r), of the Privacy Act of 1974, as amended, were submitted on January 13, 2009, 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 E:\FR\FM\22JAN1.SGM 22JAN1 4010 Federal Register / Vol. 74, No. 13 / Thursday, January 22, 2009 / Notices February 8, 1996 (February 20, 1996, 61 FR 6427). Dated: January 13, 2009. Morgan E. Frazier, Alternate OSD Federal Register Liaison Officer, Department of Defense. PURPOSE(S): S180.30 DSCR SYSTEM NAME: FOIA and Privacy Act Request Tracking System (November 16, 2004, 69 FR 67112). CHANGES: SYSTEM IDENTIFIER: Delete entry and replace with ‘‘S510.30.’’ SYSTEM NAME: SYSTEM LOCATION: Delete entry and replace with ‘‘Freedom of Information Act/Privacy Act Office, Headquarters, Defense Logistics Agency, Attn: DGA, 8725 John J. Kingman Road, Suite 1644, Fort Belvoir, VA 22060–6221 and the FOIA/ PA Offices of the DLA Field Activities. Mailing addresses for the DLA Field Activities may be obtained from the System manager.’’ CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: Delete entry and replace with ‘‘Individuals who submit Freedom of Information Act (FOIA) and Privacy Act (PA) requests, or FOIA/PA administrative appeals; individuals whose requests and/or records have been referred to the Defense Logistics Agency by other agencies; and in some instances includes attorneys representing individuals submitting such requests and appeals, or individuals who are the subjects of such requests and appeals.’’ rmajette on PRODPC74 with NOTICES CATEGORIES OF RECORDS IN THE SYSTEM: Delete entry and replace with ‘‘Records created or compiled in response to FOIA and Privacy Act requests and administrative appeals and includes the original requests and administrative appeals; responses to such requests and administrative appeals; all related memoranda, correspondence, notes, and other related or supporting documentation; and, in some instances, copies of requested records and records under administrative appeal.’’ AUTHORITY FOR MAINTENANCE OF THE SYSTEM: Delete entry and replace with ‘‘5 U.S.C. 301, Departmental Regulations; 5 14:47 Jan 21, 2009 Jkt 217001 Delete entry and replace with ‘‘This system is maintained for the purpose of processing access requests and administrative appeals 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.’’ ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES: Delete entry and replace with ‘‘Freedom of Information Act/Privacy Act Requests and Administrative Appeal Records.’’ VerDate Nov<24>2008 U.S.C. 552, Freedom of Information Act; and 5 U.S.C. 552a, The Privacy Act of 1974 (as amended).’’ Add a new paragraph as follows: ‘‘Information from this system may be provided to other Federal, state, and local agencies when it is necessary to coordinate responses or denials.’’ * * * * * STORAGE: Delete entry and replace with ‘‘Records may be stored on paper and/ or on electronic media.’’ RETRIEVABILITY: Delete entry and replace with ‘‘Records are retrieved by the name of the requester or appellant; the number assigned to the request or appeal; and in some instances may be retrieved by the name of the attorney representing the requester or appellant, or the name of an individual who is the subject of such a request or appeal.’’ SAFEGUARDS: Delete entry and replace with ‘‘Information in this system is safeguarded in accordance with applicable laws, rules, and policies. Access is limited to those officers and employees of the agency who have an official need for access in order to perform their duties. Access is further restricted by the use of a two-factor authentication process (common access card and registered login name). Physical entry is restricted by the use of locks, guards, and administrative procedures. Employees are periodically briefed on the consequences of improperly accessing restricted databases.’’ RETENTION AND DISPOSAL: Delete entry and replace with ‘‘Freedom of Information Act Requests—Full disclosure files are destroyed 2 years after date of reply; FOIA request denial files are destroyed PO 00000 Frm 00030 Fmt 4703 Sfmt 4703 after 6 years if not appealed; FOIA appeal files are destroyed 6 years after final determination by agency, or 6 years after the time at which a requester could file suit, or 3 years after adjudication by courts, whichever is later. Privacy Act Requests—Requests totally granted are destroyed 2 years after date of reply; requests totally or partially denied and not appealed are destroyed 5 years after date of reply; requests totally or partially denied and appealed are destroyed 4 years after final determination by agency or 3 years after final adjudication by courts, whichever is later.’’ SYSTEM MANAGER(S) AND ADDRESS: Delete entry and replace with ‘‘Chief Privacy and FOIA Officer, FOIA/Privacy Act Office, Headquarters, Defense Logistics Agency, Attn: DGA, 8725 John J. Kingman Road, Suite 1644, Fort Belvoir, VA 22060–6221.’’ 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 DLA Activity to which the initial request was addressed and/or directed or you may submit your request to the Privacy Act Office, Headquarters, Defense Logistics Agency, Attn: DGA, 8725 John J. Kingman Road, Suite 1644, Fort Belvoir, VA 22060–6221. Inquiry should contain the requester’s full name, individual’s full name who is the subject of the record if different from the requester, current address, telephone number, a description of the records sought, and correspondence tracking number, if known.’’ RECORD ACCESS PROCEDURES: Delete entry and replace with ‘‘Individuals seeking access to information about themselves under the Privacy Act contained in this system should address written inquiries to the DLA Activity to which the initial request was addressed and/or directed or you may submit your request to the Privacy Act Office, Headquarters, Defense Logistics Agency, Attn: DGA, 8725 John J. Kingman Road, Suite 1644, Fort Belvoir, VA 22060–6221. Inquiry should contain the requester’s full name, individual’s full name who is the subject of the record if different from the requester, current address, telephone number, a description of the records sought, and correspondence tracking number, if known.’’ E:\FR\FM\22JAN1.SGM 22JAN1 Federal Register / Vol. 74, No. 13 / Thursday, January 22, 2009 / Notices CONTESTING RECORD PROCEDURES: Delete entry and replace with ‘‘The DLA rules for accessing records, for contesting contents,* and appealing initial agency determinations are contained in 32 CFR part 323, or may be obtained from the Privacy Act Office, Headquarters, Defense Logistics Agency, Attn: DGA, 8725 John J. Kingman Road, Suite 1644, Fort Belvoir, VA 22060– 6221.’’ —————— * Some information may be exempt from contesting record procedures. * * * * * individuals who are the subjects of such requests and appeals. CATEGORIES OF RECORDS IN THE SYSTEM: Records created or compiled in response to FOIA and Privacy Act requests and administrative appeals and includes the original requests and administrative appeals; responses to such requests and administrative appeals; all related memoranda, correspondence, notes, and other related or supporting documentation; and, in some instances, copies of requested records and records under administrative appeal. EXEMPTIONS CLAIMED FOR THE SYSTEM: AUTHORITY FOR MAINTENANCE OF THE SYSTEM: Delete entry and replace with ‘‘During the course of a FOIA/Privacy Act action, exempt materials from other systems of records may become part of the case records in this system of records. To the extent that copies of exempt records from those ‘other’ systems of records are entered into these PA case records, Defense Logistics Agency hereby claims the same exemptions for the records as claimed in the original primary systems of records which they are a part. An exemption rule for this system has been promulgated in accordance with requirements of 5 U.S.C. 553(b)(1), (2), and (3), (c), and (e) and published in 32 CFR part 323. For additional information contact the System manager.’’ * * * * * 5 U.S.C. 301, Departmental Regulations; 5 U.S.C. 552, Freedom of Information Act; and 5 U.S.C. 552a, The Privacy Act of 1974 (as amended). S510.30 In addition to those disclosures generally permitted under 5 U.S.C. 552a(b) of the Privacy Act, these records or information 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 from this system may be provided to other Federal, state, and local agencies when it is necessary to coordinate responses or denials. The DoD ‘‘Blanket Routine Uses’’ apply to this system of records. SYSTEM NAME: Freedom of Information Act/Privacy Act Requests and Administrative Appeal Records. SYSTEM LOCATION: Freedom of Information Act/Privacy Act Office, Headquarters, Defense Logistics Agency, Attn: DGA, 8725 John J. Kingman Road, Suite 1644, Fort Belvoir, VA 22060–6221 and the FOIA/ PA Offices of the DLA Field Activities. Mailing addresses for the DLA Field Activities may be obtained from the System manager. PURPOSE(S): This system is maintained for the purpose of processing access requests and administrative appeals 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. ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES: POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING AND DISPOSING OF RECORDS IN THE SYSTEM: STORAGE: rmajette on PRODPC74 with NOTICES CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: Individuals who submit Freedom of Information Act (FOIA) and Privacy Act (PA) requests, or FOIA/PA administrative appeals; individuals whose requests and/or records have been referred to the Defense Logistics Agency by other agencies; and in some instances includes attorneys representing individuals submitting such requests and appeals, or VerDate Nov<24>2008 14:47 Jan 21, 2009 Jkt 217001 Records may be stored on paper and/ or on electronic media. RETRIEVABILITY: Records are retrieved by the name of the requester or appellant; the number assigned to the request or appeal; and in some instances may be retrieved by the name of the attorney representing the requester or appellant, or the name of an individual who is the subject of such a request or appeal. PO 00000 Frm 00031 Fmt 4703 Sfmt 4703 4011 SAFEGUARDS: Information in this system is safeguarded in accordance with applicable laws, rules, and policies. Access is limited to those officers and employees of the agency who have an official need for access in order to perform their duties. Access is further restricted by the use of a two-factor authentication process (Common Access Card and registered login name). Physical entry is restricted by the use of locks, guards, and administrative procedures. Employees are periodically briefed on the consequences of improperly accessing restricted databases. RETENTION AND DISPOSAL: Freedom of Information Act Requests—Full disclosure files are destroyed 2 years after date of reply; FOIA request denial files are destroyed after 6 years if not appealed; FOIA appeal files are destroyed 6 years after final determination by agency, or 6 years after the time at which a requester could file suit, or 3 years after adjudication by courts, whichever is later. Privacy Act Requests—Requests totally granted are destroyed 2 years after date of reply; requests totally or partially denied and not appealed are destroyed 5 years after date of reply; requests totally or partially denied and appealed are destroyed 4 years after final determination by agency or 3 years after final adjudication by courts, whichever is later. SYSTEM MANAGER(S) AND ADDRESS: Chief Privacy and FOIA Officer, FOIA/Privacy Act Office, Headquarters, Defense Logistics Agency, Attn: DGA, 8725 John J. Kingman Road, Suite 1644, Fort Belvoir, VA 22060–6221. NOTIFICATION PROCEDURE: Individuals seeking to determine whether information about them is contained in this system should address written inquiries to the DLA Activity to which the initial request was addressed and/or directed or you may submit your request to the Privacy Act Office, Headquarters, Defense Logistics Agency, Attn: DGA, 8725 John J. Kingman Road, Suite 1644, Fort Belvoir, VA 22060– 6221. Inquiry should contain the requester’s full name, individual’s full name who is the subject of the record if different from the requester, current address, telephone number, a description of the records sought, and correspondence tracking number, if known. E:\FR\FM\22JAN1.SGM 22JAN1 4012 Federal Register / Vol. 74, No. 13 / Thursday, January 22, 2009 / Notices RECORD ACCESS PROCEDURES: Individuals seeking access to information about themselves under the Privacy Act contained in this system should address written inquiries to the DLA Activity to which the initial request was addressed and/or directed or you may submit your request to the Privacy Act Office, Headquarters, Defense Logistics Agency, Attn: DGA, 8725 John J. Kingman Road, Suite 1644, Fort Belvoir, VA 22060–6221. Inquiry should contain the requester’s full name, individual’s full name who is the subject of the record if different from the requester, current address, telephone number, a description of the records sought, and correspondence tracking number, if known. CONTESTING RECORD PROCEDURES: The DLA rules for accessing records, for contesting contents,* and appealing initial agency determinations are contained in 32 CFR part 323, or may be obtained from the Privacy Act Office, Headquarters, Defense Logistics Agency, Attn: DGA, 8725 John J. Kingman Road, Suite 1644, Fort Belvoir, VA 22060– 6221. —————— * Some information may be exempt from contesting record procedures. RECORD SOURCE CATEGORIES: Data is provided by the record subject, the FOIA/Privacy Act staff, and program software. Those individuals who submit initial requests and administrative appeals pursuant to the FOIA and the Privacy Act; the agency records searched in the process of responding to such requests and appeals; other agencies or entities that have referred to the Defense Logistics Agency requests concerning Defense Logistics Agency records, or that have consulted with the Defense Logistics Agency regarding the handling of particular requests. rmajette on PRODPC74 with NOTICES EXEMPTIONS CLAIMED FOR THE SYSTEM: During the course of a FOIA/Privacy Act action, exempt materials from other systems of records may become part of the case records in this system of records. To the extent that copies of exempt records from those ‘‘other’’ systems of records are entered into these FOIA/PA case records, Defense Logistics Agency hereby claims the same exemptions for the records as claimed in the original primary systems of records which they are a part. An exemption rule for this system has been promulgated in accordance with requirements of 5 U.S.C. 553(b)(1), (2), and (3), (c), and (e) and published in 32 CFR part 323. For additional VerDate Nov<24>2008 14:47 Jan 21, 2009 Jkt 217001 information contact the System manager. SYSTEM LOCATION: DEPARTMENT OF DEFENSE Delete entry and replace with ‘‘Air Force Personnel Center, Enlisted Promotion and Military Testing Branch (HQ AFPC/DPSOE), 550 C Street West, Randolph Air Force Base, TX 78150– 4711.’’ Department of the Air Force CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: [FR Doc. E9–1246 Filed 1–21–09; 8:45 am] BILLING CODE 5001–06–P [Docket ID USAF–2009–0005] Privacy Act of 1974; System of Records AGENCY: Department of the Air Force, DoD. ACTION: Notice to amend a system of records. SUMMARY: The Department of Air Force proposes to amend a system of records to its inventory of record systems subject to the Privacy Act of 1974 (5 U.S.C. 552a), as amended. DATES: The changes will be effective on February 23, 2009 unless comments are received that would result in a contrary determination. ADDRESSES: Send comments to the Air Force Privacy Act Officer, Office of Warfighting Integration and Chief Information Officer, SAF/XCPPI, 1800 Air Force Pentagon, Washington, DC 20330–1800. FOR FURTHER INFORMATION CONTACT: Mr. Kenneth Brodie at (703) 696–6488. SUPPLEMENTARY INFORMATION: The Department of the Air Force 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 above. The specific changes to the record system being amended are set forth below followed by the notice, as amended, published in its entirety. The proposed amendments are not within the purview of subsection (r) of the Privacy Act of 1974, (5 U.S.C. 552a), as amended, which requires the submission of a new or altered system report. Dated: January 13, 2009. Morgan E. Frazier, Alternate OSD Federal Register Liaison Officer, Department of Defense. F036 AFPC N SYSTEM NAME: Air Force Personnel Test 851, Test Answer Sheets (June 11, 1997, 62 FR 31793). CHANGES: * PO 00000 * * Frm 00032 * Fmt 4703 * Sfmt 4703 Delete entry and replace with ‘‘Active duty airmen in grades E–4 through E– 8, Senior Airman to Senior Master Sergeant.’’ * * * * * AUTHORITY FOR MAINTENANCE OF THE SYSTEM: Delete entry and replace with ‘‘10 U.S.C. 8013, Secretary of the Air Force; Air Force Instruction 36–2605, Air Force Military Personnel Testing System, Chapter 1 and Attachment 9 and E.O. 9397 (SSN).’’ PURPOSE(S): Delete entry and replace with ‘‘Used by Air Force Personnel Center/Enlisted Promotions (AFPC/DPSOE) to score tests. The percent correct score on the Specialty Knowledge Test, Promotion Fitness Examination and United States Air Force Supervisory Examination, are weighted factors in the Weighted Airman Promotion System to advance airmen (E–4 to E–8) to the next higher enlisted grade. The percent correct score on the United States Air Force Supervisory Examination is used as an eligibility criterion for promotion to grade E–8 and E–9.’’ * * * * * STORAGE: Delete entry and replace with ‘‘Maintained in visible file binders/ cabinets and electronic storage media.’’ * * * * * SYSTEM MANAGER(S) AND ADDRESS: Delete entry and replace with ‘‘Chief, Air Force Personnel Center, Enlisted Promotion and Military Testing Branch (HQ AFPC/DPSOE), 550 C Street West, Randolph Air Force Base, TX 78150– 4711.’’ NOTIFICATION PROCEDURE: Delete entry and replace with ‘‘Individuals seeking to determine whether this system of records contains information on themselves should address written inquiries to Chief, Air Force Personnel Center, Enlisted Promotion and Military Testing Branch (HQ AFPC/DPSOE), 550 C Street West, Randolph Air Force Base, TX 78150– 4711. Request should contain full name, address, Social Security Number (SSN) and a notary certified signature.’’ E:\FR\FM\22JAN1.SGM 22JAN1

Agencies

[Federal Register Volume 74, Number 13 (Thursday, January 22, 2009)]
[Notices]
[Pages 4009-4012]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-1246]


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DEPARTMENT OF DEFENSE

Office of the Secretary

[Docket ID DoD-2009-OS-0009]


Privacy Act of 1974; Systems of Records

AGENCY: Defense Logistics Agency, DoD.

ACTION: Notice To Alter a System of Records.

-----------------------------------------------------------------------

SUMMARY: The Defense Logistics Agency proposes to alter a system of 
records notice in its existing inventory of records systems subject to 
the Privacy Act of 1974 (5 U.S.C. 552a), as amended.

DATES: This proposed action will be effective without further notice on 
February 23, 2009, unless comments are received which result in a 
contrary determination.

ADDRESSES: Send comments to the Privacy Act Officer, Headquarters, 
Defense Logistics Agency, Attn: DP, 8725 John J. Kingman Road, Stop 
2533, Fort Belvoir, VA 22060-6221.

FOR FURTHER INFORMATION CONTACT: Ms. Jody Sinkler at (703) 767-5045.

SUPPLEMENTARY INFORMATION: The Defense Logistics Agency 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 above.
    The proposed system reports, as required by 5 U.S.C. 552a(r), of 
the Privacy Act of 1974, as amended, were submitted on January 13, 
2009, 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

[[Page 4010]]

February 8, 1996 (February 20, 1996, 61 FR 6427).

    Dated: January 13, 2009.
Morgan E. Frazier,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
S180.30 DSCR

System name:
    FOIA and Privacy Act Request Tracking System (November 16, 2004, 69 
FR 67112).

Changes:
System identifier:
    Delete entry and replace with ``S510.30.''

System name:
    Delete entry and replace with ``Freedom of Information Act/Privacy 
Act Requests and Administrative Appeal Records.''

System location:
    Delete entry and replace with ``Freedom of Information Act/Privacy 
Act Office, Headquarters, Defense Logistics Agency, Attn: DGA, 8725 
John J. Kingman Road, Suite 1644, Fort Belvoir, VA 22060-6221 and the 
FOIA/PA Offices of the DLA Field Activities. Mailing addresses for the 
DLA Field Activities may be obtained from the System manager.''

Categories of individuals covered by the system:
    Delete entry and replace with ``Individuals who submit Freedom of 
Information Act (FOIA) and Privacy Act (PA) requests, or FOIA/PA 
administrative appeals; individuals whose requests and/or records have 
been referred to the Defense Logistics Agency by other agencies; and in 
some instances includes attorneys representing individuals submitting 
such requests and appeals, or individuals who are the subjects of such 
requests and appeals.''

Categories of records in the system:
    Delete entry and replace with ``Records created or compiled in 
response to FOIA and Privacy Act requests and administrative appeals 
and includes the original requests and administrative appeals; 
responses to such requests and administrative appeals; all related 
memoranda, correspondence, notes, and other related or supporting 
documentation; and, in some instances, copies of requested records and 
records under administrative appeal.''

Authority for maintenance of the system:
    Delete entry and replace with ``5 U.S.C. 301, Departmental 
Regulations; 5 U.S.C. 552, Freedom of Information Act; and 5 U.S.C. 
552a, The Privacy Act of 1974 (as amended).''

Purpose(s):
    Delete entry and replace with ``This system is maintained for the 
purpose of processing access requests and administrative appeals 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.''

Routine uses of records maintained in the system, including categories 
of users and the purposes of such uses:
    Add a new paragraph as follows: ``Information from this system may 
be provided to other Federal, state, and local agencies when it is 
necessary to coordinate responses or denials.''
* * * * *

Storage:
    Delete entry and replace with ``Records may be stored on paper and/
or on electronic media.''

Retrievability:
    Delete entry and replace with ``Records are retrieved by the name 
of the requester or appellant; the number assigned to the request or 
appeal; and in some instances may be retrieved by the name of the 
attorney representing the requester or appellant, or the name of an 
individual who is the subject of such a request or appeal.''

Safeguards:
    Delete entry and replace with ``Information in this system is 
safeguarded in accordance with applicable laws, rules, and policies. 
Access is limited to those officers and employees of the agency who 
have an official need for access in order to perform their duties. 
Access is further restricted by the use of a two-factor authentication 
process (common access card and registered login name). Physical entry 
is restricted by the use of locks, guards, and administrative 
procedures. Employees are periodically briefed on the consequences of 
improperly accessing restricted databases.''

Retention and disposal:
    Delete entry and replace with ``Freedom of Information Act 
Requests--Full disclosure files are destroyed 2 years after date of 
reply; FOIA request denial files are destroyed after 6 years if not 
appealed; FOIA appeal files are destroyed 6 years after final 
determination by agency, or 6 years after the time at which a requester 
could file suit, or 3 years after adjudication by courts, whichever is 
later.
    Privacy Act Requests--Requests totally granted are destroyed 2 
years after date of reply; requests totally or partially denied and not 
appealed are destroyed 5 years after date of reply; requests totally or 
partially denied and appealed are destroyed 4 years after final 
determination by agency or 3 years after final adjudication by courts, 
whichever is later.''

System manager(s) and address:
    Delete entry and replace with ``Chief Privacy and FOIA Officer, 
FOIA/Privacy Act Office, Headquarters, Defense Logistics Agency, Attn: 
DGA, 8725 John J. Kingman Road, Suite 1644, Fort Belvoir, VA 22060-
6221.''

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 DLA Activity to which the initial 
request was addressed and/or directed or you may submit your request to 
the Privacy Act Office, Headquarters, Defense Logistics Agency, Attn: 
DGA, 8725 John J. Kingman Road, Suite 1644, Fort Belvoir, VA 22060-
6221.
    Inquiry should contain the requester's full name, individual's full 
name who is the subject of the record if different from the requester, 
current address, telephone number, a description of the records sought, 
and correspondence tracking number, if known.''

Record access procedures:
    Delete entry and replace with ``Individuals seeking access to 
information about themselves under the Privacy Act contained in this 
system should address written inquiries to the DLA Activity to which 
the initial request was addressed and/or directed or you may submit 
your request to the Privacy Act Office, Headquarters, Defense Logistics 
Agency, Attn: DGA, 8725 John J. Kingman Road, Suite 1644, Fort Belvoir, 
VA 22060-6221.
    Inquiry should contain the requester's full name, individual's full 
name who is the subject of the record if different from the requester, 
current address, telephone number, a description of the records sought, 
and correspondence tracking number, if known.''

[[Page 4011]]

Contesting record procedures:
    Delete entry and replace with ``The DLA rules for accessing 
records, for contesting contents,* and appealing initial agency 
determinations are contained in 32 CFR part 323, or may be obtained 
from the Privacy Act Office, Headquarters, Defense Logistics Agency, 
Attn: DGA, 8725 John J. Kingman Road, Suite 1644, Fort Belvoir, VA 
22060-6221.''


------------
    * Some information may be exempt from contesting record 
procedures.
* * * * *

Exemptions claimed for the system:
    Delete entry and replace with ``During the course of a FOIA/Privacy 
Act action, exempt materials from other systems of records may become 
part of the case records in this system of records. To the extent that 
copies of exempt records from those `other' systems of records are 
entered into these PA case records, Defense Logistics Agency hereby 
claims the same exemptions for the records as claimed in the original 
primary systems of records which they are a part.
    An exemption rule for this system has been promulgated in 
accordance with requirements of 5 U.S.C. 553(b)(1), (2), and (3), (c), 
and (e) and published in 32 CFR part 323. For additional information 
contact the System manager.''
* * * * *
S510.30

System name:
    Freedom of Information Act/Privacy Act Requests and Administrative 
Appeal Records.

System location:
    Freedom of Information Act/Privacy Act Office, Headquarters, 
Defense Logistics Agency, Attn: DGA, 8725 John J. Kingman Road, Suite 
1644, Fort Belvoir, VA 22060-6221 and the FOIA/PA Offices of the DLA 
Field Activities. Mailing addresses for the DLA Field Activities may be 
obtained from the System manager.

Categories of individuals covered by the system:
    Individuals who submit Freedom of Information Act (FOIA) and 
Privacy Act (PA) requests, or FOIA/PA administrative appeals; 
individuals whose requests and/or records have been referred to the 
Defense Logistics Agency by other agencies; and in some instances 
includes attorneys representing individuals submitting such requests 
and appeals, or individuals who are the subjects of such requests and 
appeals.

Categories of records in the system:
    Records created or compiled in response to FOIA and Privacy Act 
requests and administrative appeals and includes the original requests 
and administrative appeals; responses to such requests and 
administrative appeals; all related memoranda, correspondence, notes, 
and other related or supporting documentation; and, in some instances, 
copies of requested records and records under administrative appeal.

Authority for maintenance of the system:
    5 U.S.C. 301, Departmental Regulations; 5 U.S.C. 552, Freedom of 
Information Act; and 5 U.S.C. 552a, The Privacy Act of 1974 (as 
amended).

Purpose(s):
    This system is maintained for the purpose of processing access 
requests and administrative appeals 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.

Routine uses of records maintained in the system, including categories 
of users and the purposes of such uses:
    In addition to those disclosures generally permitted under 5 U.S.C. 
552a(b) of the Privacy Act, these records or information 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 from this system may be provided to other Federal, 
state, and local agencies when it is necessary to coordinate responses 
or denials.
    The DoD ``Blanket Routine Uses'' apply to this system of records.

Policies and practices for storing, retrieving, accessing, retaining 
and disposing of records in the system:
Storage:
    Records may be stored on paper and/or on electronic media.

Retrievability:
    Records are retrieved by the name of the requester or appellant; 
the number assigned to the request or appeal; and in some instances may 
be retrieved by the name of the attorney representing the requester or 
appellant, or the name of an individual who is the subject of such a 
request or appeal.

Safeguards:
    Information in this system is safeguarded in accordance with 
applicable laws, rules, and policies. Access is limited to those 
officers and employees of the agency who have an official need for 
access in order to perform their duties. Access is further restricted 
by the use of a two-factor authentication process (Common Access Card 
and registered login name). Physical entry is restricted by the use of 
locks, guards, and administrative procedures. Employees are 
periodically briefed on the consequences of improperly accessing 
restricted databases.

Retention and disposal:
    Freedom of Information Act Requests--Full disclosure files are 
destroyed 2 years after date of reply; FOIA request denial files are 
destroyed after 6 years if not appealed; FOIA appeal files are 
destroyed 6 years after final determination by agency, or 6 years after 
the time at which a requester could file suit, or 3 years after 
adjudication by courts, whichever is later.
    Privacy Act Requests--Requests totally granted are destroyed 2 
years after date of reply; requests totally or partially denied and not 
appealed are destroyed 5 years after date of reply; requests totally or 
partially denied and appealed are destroyed 4 years after final 
determination by agency or 3 years after final adjudication by courts, 
whichever is later.

System manager(s) and address:
    Chief Privacy and FOIA Officer, FOIA/Privacy Act Office, 
Headquarters, Defense Logistics Agency, Attn: DGA, 8725 John J. Kingman 
Road, Suite 1644, Fort Belvoir, VA 22060-6221.

Notification procedure:
    Individuals seeking to determine whether information about them is 
contained in this system should address written inquiries to the DLA 
Activity to which the initial request was addressed and/or directed or 
you may submit your request to the Privacy Act Office, Headquarters, 
Defense Logistics Agency, Attn: DGA, 8725 John J. Kingman Road, Suite 
1644, Fort Belvoir, VA 22060-6221.
    Inquiry should contain the requester's full name, individual's full 
name who is the subject of the record if different from the requester, 
current address, telephone number, a description of the records sought, 
and correspondence tracking number, if known.

[[Page 4012]]

Record access procedures:
    Individuals seeking access to information about themselves under 
the Privacy Act contained in this system should address written 
inquiries to the DLA Activity to which the initial request was 
addressed and/or directed or you may submit your request to the Privacy 
Act Office, Headquarters, Defense Logistics Agency, Attn: DGA, 8725 
John J. Kingman Road, Suite 1644, Fort Belvoir, VA 22060-6221.
    Inquiry should contain the requester's full name, individual's full 
name who is the subject of the record if different from the requester, 
current address, telephone number, a description of the records sought, 
and correspondence tracking number, if known.

Contesting record procedures:
    The DLA rules for accessing records, for contesting contents,* and 
appealing initial agency determinations are contained in 32 CFR part 
323, or may be obtained from the Privacy Act Office, Headquarters, 
Defense Logistics Agency, Attn: DGA, 8725 John J. Kingman Road, Suite 
1644, Fort Belvoir, VA 22060-6221.

------------
* Some information may be exempt from contesting record procedures.

Record source categories:
    Data is provided by the record subject, the FOIA/Privacy Act staff, 
and program software. Those individuals who submit initial requests and 
administrative appeals pursuant to the FOIA and the Privacy Act; the 
agency records searched in the process of responding to such requests 
and appeals; other agencies or entities that have referred to the 
Defense Logistics Agency requests concerning Defense Logistics Agency 
records, or that have consulted with the Defense Logistics Agency 
regarding the handling of particular requests.

Exemptions claimed for the system:
    During the course of a FOIA/Privacy Act action, exempt materials 
from other systems of records may become part of the case records in 
this system of records. To the extent that copies of exempt records 
from those ``other'' systems of records are entered into these FOIA/PA 
case records, Defense Logistics Agency hereby claims the same 
exemptions for the records as claimed in the original primary systems 
of records which they are a part.
    An exemption rule for this system has been promulgated in 
accordance with requirements of 5 U.S.C. 553(b)(1), (2), and (3), (c), 
and (e) and published in 32 CFR part 323. For additional information 
contact the System manager.

[FR Doc. E9-1246 Filed 1-21-09; 8:45 am]
BILLING CODE 5001-06-P