[Federal Register: April 30, 2008 (Volume 73, Number 84)]
[Notices]
[Page 23429-23431]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30ap08-54]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Office of the Secretary
[Docket ID: DoD-2008-OS-0039]
Privacy Act of 1974; System of Records
AGENCY: National Reconnaissance Office, DoD.
ACTION: Notice to Add a System of Records.
-----------------------------------------------------------------------
SUMMARY: The National Reconnaissance Office (NRO) proposes to add a
system of records to its inventory of system of records notice 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
May 30, 2008 unless comments are received which result in a contrary
determination.
ADDRESSES: Send comments to the FOIA/Privacy Official, National
Reconnaissance Office, Information Access and Release, 14675 Lee Road,
Chantilly, VA 20151-1715.
FOR FURTHER INFORMATION CONTACT: Ms. Theresa Lamm at (703) 227-9152.
SUPPLEMENTARY INFORMATION: The National Reconnaissance Office 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 report, as required by 5 U.S.C. 552a(r) of the
Privacy Act of 1974, as amended, was submitted on April 22, 2008, 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, `Federal Agency
Responsibilities for Maintaining Records About Individuals', to OMB
Circular No. A-130, dated February 8, 1996 (February 20, 1996, 61 FR
6427).
Dated: April 23, 2008.
Patricia Toppings,
OSD Federal Register Liaison Officer, Department of Defense.
QNRO-27
System name:
Legal Records
System location:
Office of General Counsel, National Reconnaissance Office (NRO),
14675 Lee Road, Chantilly, VA 20151-175.
Categories of individuals covered by the system:
Government and contractor employees, litigants, and claimants.
Categories of records in the system:
Individual's name, Social Security Number (SSN), employee number,
parent organization, company, home and work telephone number, work
location, personal financial data, date and place of birth, home
address, current citizenship status; procurement experience, future
employment plans, and any other relevant information.
Authority for maintenance of the system:
50 U.S.C. 401 et seq., Federal Tort Claims Act; 28 U.S.C. 1346; 28
U.S.C. 535; Federal Records Act of 1950, 44 U.S.C. 3101 and 5 CFR
Section 2634.202, National Security Act of 1947, as amended and E.O.
9397 (SSN).
Purpose(s):
To manage the legal files related to matters of standards of
conduct and litigation. This will ensure legal sufficiency of NRO
operations, policies, procedures, and personnel actions. The General
Counsel Litigation case files are maintained for legal opinions, legal
reviews, or other actions. In addition, the systems are maintained for
statutory
[[Page 23430]]
compliance with the crime reporting requirements.
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 NRO as a routine use
pursuant to 5 U.S.C. 552a(b)(3) as follows:
To U.S. Attorneys and other parties in litigation.
To Federal and state courts in connection with litigations
affecting NRO interests, employees or equities.
To a federal, state, local or foreign agency maintaining civil,
criminal, or other relevant enforcement information or other pertinent
information, if deemed relevant to that agency's decisions concerning
the hiring or retention of an employee, issuance of a security
clearance, letting of a contract, or issuance of a license or other
benefit.
The DoD `Blanket Routines Uses' published at the beginning of the
NRO compilation of systems of records notices apply to this system.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Hard copy and electronic storage media.
Retrievability:
Individual's name.
Safeguards:
Records are stored in a secure, gated facility, guard, badge, and
password access protected. Access to and use of these records is
limited to legal staff whose official duties require such access.
Retention and disposal:
Standards of Conducts files are maintained for six (6) years and
then destroyed.
Legal Subject Files (to include crimes reports) are maintained
until no longer needed.
Litigation case files that reflect distinctive NRO activities,
attract media or congressional interest, or are otherwise historically
significant are kept permanently.
All other case files are kept until all appellate rights have been
exhausted or when no longer needed, whichever is later.
System manager(s) and address:
Director, National Reconnaissance Office, Office of General
Counsel, 14675 Lee Road, Chantilly, VA 20151-1715.
Notification procedure:
Individuals seeking to determine whether this system of records
contains information about themselves should address written inquiries
to the National Reconnaissance Office, Information Access and Release
Center, 14675 Lee Road, Chantilly, VA 20151-1715.
Request should include full name and any aliases or nicknames,
address, Social Security Number (SSN), current citizenship status, date
and place of birth, and other information identifiable from the record.
In addition, the requester must provide a notarized statement or an
unsworn declaration 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:
Individuals seeking to access information about themselves
contained in this system should address written inquiries to the
National Reconnaissance Office, Information Access and Release Center,
14675 Lee Road, Chantilly, VA 20151-1715.
Request should include full name and any aliases or nicknames,
address, Social Security Number (SSN), current citizenship status, date
and place of birth, and other information identifiable from the record.
In addition, the requester must provide a notarized statement or an
unsworn declaration 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).
Contesting record procedures:
The NRO procedure for accessing records, for contesting contents
and appealing initial agency determinations are published in NRO
Directive 110-3b and NRO Instruction 110-3-1; 32 CFR part 326; or may
be obtained from the Privacy Act Coordinator, National Reconnaissance
Office, 14675 Lee Road, Chantilly, VA 20151-1715.
Record source categories:
Information is supplied by the individual, federal and state
agencies, corporations, associations, partnerships, other legal
entities; and other NRO records systems.
Exemptions claimed for the system:
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.
Information specifically authorized to be classified under E.O.
12958, as implemented by DoD 5200.1-R, may be exempt pursuant to 5
U.S.C. 552a(k)(1).
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 exempt to the extent that disclosure
would reveal the identity of a confidential source. NOTE: When claimed,
this exemption allows limited protection of investigative reports
maintained in a system of records used in personnel or administrative
actions.
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.
Testing or examination material used solely to determine individual
qualifications for appointment or promotion in the federal or military
service, if the disclosure would compromise the objectivity or fairness
of the test or examination process may be exempt pursuant to 5 U.S.C.
552a(k)(6), if the disclosure would compromise the objectivity or
fairness of the test or examination process.
Evaluation material used to determine potential for promotion in
the Military Services may be exempt pursuant to 5 U.S.C. 552a(k)(7),
but only to the extent that the disclosure of such material
[[Page 23431]]
would reveal the identify of a confidential source.
An exemption rule for this exemption 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 326. For additional information
contact the system manager.
[FR Doc. E8-9400 Filed 4-29-08; 8:45 am]
BILLING CODE 5001-06-P