Privacy Act of 1974; System of Records, 5579-5581 [2010-2222]

Agencies

• Office of the Secretary
• DEPARTMENT OF DEFENSE

[Federal Register Volume 75, Number 22 (Wednesday, February 3, 2010)]
[Notices]
[Pages 5579-5581]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-2222]


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DEPARTMENT OF DEFENSE

Office of the Secretary

[Docket ID: DOD-2010-OS-0008]


Privacy Act of 1974; System of Records

AGENCY: Defense Logistics Agency, DoD.

ACTION: Notice to amend a system of records.

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

DATES: The proposed action will be effective without further notice on 
March 5, 2010 unless comments are received which would 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, 1160 Defense 
Pentagon, Washington, DC 20301-1160.
    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: Ms. Jody Sinkler at (703) 767-5045.

SUPPLEMENTARY INFORMATION: The Defense Logistics Agency's system of 
record 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 contact under FOR FURTHER INFORMATION CONTACT.
    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 amendment is 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 new or altered systems reports.

    Dated: January 29, 2010.
Mitchell S. Bryman,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
S500.60

System name:
    Defense Logistics Agency Hotline Program Records (March 26, 2007; 
72 FR 14085).

Changes:
* * * * *

System location:
    Delete entry and replace with ``Director, DLA Accountability Office 
(DA), Headquarters, Defense Logistics Agency, ATTN: DA, 8725 John J. 
Kingman Road, Stop 2358, Fort Belvoir, VA 22060-6221, and at the 
offices of the designated Hotline Points of Contact of DLA Field 
Activities or DLA Headquarters Elements. Official mailing addresses may 
be obtained from the system manager below.''
* * * * *

Retention and disposal:
    Delete entry and replace with ``Records are destroyed/deleted 10 
years after completion of case.''

System manager(s) and address:
    Delete entry and replace with ``Director, DLA Accountability 
Office, Headquarters, Defense Logistics Agency, ATTN: DA, 8725 John J. 
Kingman Road, Stop 2358, 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 Privacy Office, Headquarters, 
Defense Logistics Agency, ATTN: DGA, 8725 John J. Kingman Road, Suite 
1644, Fort Belvoir, VA 22060-6221.
    Individuals are required to provide their full name, address, and 
either a notarized signature or a signed and dated unsworn declaration, 
in accordance with 28 U.S.C. 1746, stating under penalty of perjury 
under U.S. law that the information contained in the request, including 
their identity, is true and correct.''

Record access procedures:
    Delete entry and replace with ``Individuals seeking access to 
information about themselves contained in this system should address 
written inquiries to the DLA Privacy Office, Headquarters, Defense 
Logistics Agency, ATTN: DGA, 8725 John J. Kingman Road, Suite 1644, 
Fort Belvoir, VA 22060-6221.
    Individuals are required to provide their full name, address, and 
either a notarized signature or a signed and dated unsworn declaration, 
in accordance with 28 U.S.C. 1746, stating under penalty of perjury 
under U.S. law that the information contained in the request for 
access, including their identity, is true and correct.''

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 DLA Privacy Office, Headquarters, Defense Logistics Agency, ATTN: 
DGA, 8725 John J. Kingman Road, Suite 1644, Fort Belvoir, VA 22060-
6221.''
* * * * *
S500.60

System name:
    Defense Logistics Agency Hotline Program Records.

System location:
    Director, DLA Accountability Office (DA), Headquarters, Defense 
Logistics Agency, ATTN: DA, 8725 John J. Kingman Road, Stop 2358, Fort 
Belvoir, VA 22060-6221, and at the offices of the designated Hotline 
Points of Contact of DLA Field Activities or DLA Headquarters Elements. 
Official mailing addresses may be obtained from the system manager 
below.

Categories of individuals covered by the system:
    Individuals covered include complainants, subjects, witnesses, and 
contractor employees.

Categories of records in the system:
    Records resulting from the receipt of a DoD/DLA Hotlines and 
resulting inquiries including the date of the complaint, the Hotline 
control number; the name of the complainant(s), the name of the 
suspect(s), and the actual allegations; Hotline documents from 
components transmitting the DoD/DLA Hotline Reports, which normally 
contain the name of the examining official(s) assigned to conduct the 
inquiry; background information

[[Page 5580]]

regarding the inquiry itself, such as the scope of the inquiry, 
relevant facts discovered, information received from witnesses, and 
specific source documents reviewed; the examining official's findings, 
conclusions, and recommendations; the disposition of the inquiry; and 
internal DLA Hotline forms documenting review and analysis of Hotline 
Reports.

Authority for maintenance of the system:
    5 U.S.C. 301, Departmental Regulations; 10 U.S.C. 133, Under 
Secretary of Defense for Acquisition, Technology, and Logistics; 5 
U.S.C., Appendix 3, Inspector General Act of 1978, as amended; DOD 
Directive 5106.1, Inspector General of the Department of Defense; DOD 
Directive 7050.1, Defense Hotline Program; DOD Instruction 7050.7, 
Defense Hotline Procedures; DOD Instruction 7050.8, Defense Hotline 
Quality Assurance Review (QAR) Program; DOD Directive 5505.6, 
Investigations of Allegations Against Senior Officials of the 
Department of Defense; and DLA Enterprise Hotline Program Instruction.

Purpose(s):
    To conduct inquiries of reported instances of alleged/suspected 
fraud, waste, abuse, or mismanagement; to compile statistical 
information to disseminate on an as needed basis to DLA HQ Elements, 
DLA Field Activities, and the Defense Hotline, DoD; and to provide a 
record of hotline disposition. Hotlines appearing to involve criminal 
wrongdoing will be referred to the Defense Criminal Investigative 
Service or other criminal investigative units of DoD Components.

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 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 allegations for 
investigative, corrective action, debarment, or reporting purposes.
    To Government contractors employing individuals who are subjects of 
a hotline.
    To DLA contractors or vendors when the Hotline 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'' 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 retained in either hard copy or electronic/image 
format.

Retrievability:
    Records are retrieved by name of complainant, name of subject/
offender, hotline topic, inquiry number, witness, National Stock 
Number, Contract Number, and contractor name and contractor employee 
name.

Safeguards:
    Physical entry is restricted by the use of guards, locks, and 
administrative procedures. System is 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 PIN. In addition, computer screens 
lock after a preset period of inactivity with re-entry controlled by 
passwords. The DLA Enterprise Hotline Program Database is also password 
controlled. Access to the database is limited to those DLA Enterprise 
Hotline Program 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 this system of records are to have taken Privacy Act 
training.

Retention and disposal:
    Records are destroyed/deleted 10 years after completion of case.

System manager(s) and address:
    Director, DLA Accountability Office, Headquarters, Defense 
Logistics Agency, ATTN: DA, 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 should address written inquiries 
to the DLA Privacy Office, Headquarters, Defense Logistics Agency, 
ATTN: DGA, 8725 John J. Kingman Road, Suite 1644, Fort Belvoir, VA 
22060-6221.
    Individuals are required to provide their full name, address, and 
either a notarized signature or a signed and dated unsworn declaration, 
in accordance with 28 U.S.C. 1746, stating under penalty of perjury 
under U.S. law that the information contained in the request, including 
their identity, is true and correct.

Record access procedures:
    Individuals seeking access to information about themselves 
contained in this system should address written inquiries to the DLA 
Privacy Office, Headquarters, Defense Logistics Agency, ATTN: DGA, 8725 
John J. Kingman Road, Suite 1644, Fort Belvoir, VA 22060-6221.
    Individuals are required to provide their full name, address, and 
either a notarized signature or a signed and dated unsworn declaration, 
in accordance with 28 U.S.C. 1746, stating under penalty of perjury 
under U.S. law that the information contained in the request for 
access, including their identity, is true and correct.

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 DLA Privacy Office, Headquarters, 
Defense Logistics Agency, ATTN: DGA, 8725 John J. Kingman Road, Suite 
1644, Fort Belvoir, VA 22060-6221.

Record source categories:
    Information is provided by the Defense Hotline, subjects/offenders, 
complainants, witnesses, investigators, examining officials, personnel 
interviewed, and the Federal/State/DOD/DLA Hotline Program Offices.

Exemptions claimed for the system:
    Investigatory material compiled for law enforcement purposes, other 
than material within the scope of subsection 5 U.S.C. 552a(j)(2), may 
be exempt pursuant to 5 U.S.C. 552a(k)(2). However, if an individual is 
denied any right, privilege, or benefit for which he would otherwise be 
entitled by Federal law or for which he would otherwise be eligible, as 
a result of the maintenance of the information, the individual will be 
provided access to the information, except to the extent that 
disclosure would reveal the identity of a confidential source.
    Investigatory material compiled solely for the purpose of 
determining suitability, eligibility, or qualifications for federal 
civilian employment, military service, federal contracts, or access to 
classified information may be exempt pursuant to 5 U.S.C. 552a(k)(5), 
but only to the extent that such material would reveal the identity of 
a confidential source.
    An exemption rule for this system has been promulgated in 
accordance with

[[Page 5581]]

requirements of 5 U.S.C. 553(b)(1), (2), and 3, (c) and (e) and 
published in 32 CFR part 323. For more information, contact the DLA 
Privacy Office, Headquarters, Defense Logistics Agency, ATTN: DGA, 8725 
John J. Kingman Road, Suite 1644, Fort Belvoir, VA 22060-6221.

[FR Doc. 2010-2222 Filed 2-2-10; 8:45 am]
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