Privacy Act of 1974; Systems of Records, 27119-27121 [E9-13270]

Agencies

• Office of the Secretary
• DEPARTMENT OF DEFENSE

[Federal Register Volume 74, Number 108 (Monday, June 8, 2009)]
[Notices]
[Pages 27119-27121]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-13270]


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

DEPARTMENT OF DEFENSE

Office of the Secretary

[Docket ID DOD-2009-OS-0076]


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 
July 8, 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: Mr. Lewis Oleinick at (703) 767-6194.

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 June 1, 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 February 8, 1996 
(February 20, 1996, 61 FR 6427).


[[Page 27120]]


    Dated: June 1, 2009.
Morgan E. Frazier,
Alternate OSD Federal Register Liaison Officer, DoD.
S500.20

System name:
    Defense Logistics Agency Criminal Incident Reporting System Records 
(January 22, 2009, 74 FR 4006).

Changes:
* * * * *

Exemptions claimed for the system:
    Delete entry and replace with ``Parts of this system may be exempt 
pursuant to 5 U.S.C. 552a(k)(2) if the information is compiled and 
maintained by a component of the agency that performs as its principal 
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.''
* * * * *
S500.20

System name:
    Defense Logistics Agency Criminal Incident Reporting System 
Records.

System location:
    Enterprise Data Center East, 8180 Green Meadows Drive, Lewis 
Center, OH 43035-9605. Records may also be maintained within the DLA 
Offices that use these records in the performance of their official 
duties located at Headquarters, Defense Logistics Agency, 8725 John J. 
Kingman Road, Fort Belvoir, VA 22060-6221 and the DLA Field Activities.

Categories of individuals covered by the system:
    Civilian and military personnel of DLA, contractor employees, and 
other persons who have committed or are suspected of having committed, 
any criminal act (felony or misdemeanor) or any violations of laws, 
regulations, or ethical standards on DLA controlled activities or 
facilities; or outside of those areas in cases where DLA is or may be a 
party of interest. Individuals or companies who purchase or seek to 
purchase excess or surplus personal property from the Department of 
Defense (DOD) where that property is either U.S. Mention List or 
Commerce Control List property.

Categories of records in the system:
    Individual's name, address and telephone number, 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.

Authority for maintenance of the system:
    The Omnibus Crime Control Act of 1994; Section 21, Internal 
Security Act of 1950 (Pub. L. 831, 81st Congress); DOD Directive 
5105.22, Defense Logistics Agency (32 CFR part 359); DOD Directive 
5105.42, Defense Security Service (32 CFR part 361); DOD Directive 
7730.47, Defense Incident-Based Reporting System; DOD Instruction 
2030.8, Trade Security Controls on DOD Excess and Surplus Personal 
Property; DOD Instruction 5240.4, Reporting of Counterintelligence and 
Criminal Violations; DOD Instruction 5505.2, Criminal Investigations of 
Fraud Offenses; 28 U.S.C. 534, Uniform Federal Crime Reporting Act; 18 
U.S.C. 922, Brady Handgun Violence Prevention Act of 1994; 42 U.S.C. 
10601,Victim Rights and Restitution Act of 1990; 10 U.S.C. 1562, 
Database on Domestic Violence Incidents and E.O. 9397 (SSN).

Purpose(s):
    Information in this system is used by DLA Office of Investigations, 
DLA Offices of Public Safety, and the DLA Office of General Counsel 
personnel to monitor progress of cases and to develop non-personal 
statistical data on crime and criminal investigative support for the 
future. DLA General Counsel also uses data to review cases, determine 
proper legal action, and coordinate on all available remedies. 
Information is released to DLA managers who use the information to 
determine actions required to correct the causes of loss and to take 
appropriate action against DLA employees or contractors in cases of 
their involvement. Records are also used by DLA to monitor the progress 
of investigations, identify crime conducive conditions, and prepare 
crime vulnerability assessments/statistics.

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 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:
    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.

Policies and practices for storing, retrieving, accessing, retaining, 
and disposing of records in the system:
Storage:
    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.

Safeguards:
    Physical entry is restricted by the use of guards, locks, and 
administrative procedures. Computer terminals are password controlled 
with system-generated, 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

[[Page 27121]]

Safety, and the DLA General Counsel personnel.

Retention and disposal:
    Disposition pending. Until the National Archives and Records 
Administration has approved the retention and disposal of these 
records, treat them as permanent.

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.

Notification procedure:
    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.

Record access procedures:
    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.

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.

Exemptions claimed for the system:
    Parts of this system may be exempt pursuant to 5 U.S.C. 552a(k)(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. E9-13270 Filed 6-5-09; 8:45 am]
BILLING CODE 5001-06-P