[Federal Register Volume 75, Number 71 (Wednesday, April 14, 2010)]
[Notices]
[Pages 19377-19379]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-8506]
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DEPARTMENT OF DEFENSE
Office of the Secretary
[Docket ID: DOD-2010-OS-0044]
Privacy Act of 1974; Systems of Records
AGENCY: Defense Logistics Agency, DoD.
ACTION: Notice to alter a system of records.
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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
May 14, 2010 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: http://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
of make these submissions available for public viewing on the Internet
at http://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 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 Privacy Act Officer, Headquarters, Defense Logistics Agency,
ATTN: DGA, 8725 John J. Kingman Road, Stop 16443, Fort Belvoir, VA
22060-6221.
The proposed system reports, as required by 5 U.S.C. 552a(r), of
the Privacy Act of 1974, as amended, were submitted on March 31, 2010,
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: April 9, 2010.
Mitchell S. Bryman,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
S500.20
SYSTEM NAME:
Defense Logistics Agency (DLA) Criminal Incident Reporting System
Records (DCIRS) (June 8, 2009; 74 FR 27119)
CHANGES:
* * * * *
SYSTEM LOCATION:
Add ``and 6801 Telegraph Road, Alexandria, VA 22310-3398.'' to the
end of the sentence in the first paragraph within the entry.
* * * * *
CATEGORIES OF RECORDS IN THE SYSTEM:
Add ``Reports of Inquiry, Reports of Initiatives,'' to the entry
after ``...Police Incident Reports,''.
* * * * *
EXEMPTIONS CLAIMED FOR THE SYSTEM:
Delete entry and replace with ``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. NOTE: When claimed, this
exemption allows limited protection of investigative reports maintained
in a system of records used in personnel or administrative actions.
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) published in 32 CFR part 323. For additional information
contact the system manager.''
[[Page 19378]]
S500.20
SYSTEM NAME:
Defense Logistics Agency (DLA) Criminal Incident Reporting System
Records (DCIRS).
SYSTEM LOCATION:
Enterprise Data Center East, 8180 Green Meadows Drive, Lewis
Center, OH 43035-9605 and 6801 Telegraph Road, Alexandria, VA 22310-
3398.
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 Primary Level 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. Munitions 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, Reports of Inquiry,
Reports of Initiatives, 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), as
amended.
PURPOSE(S):
Information in this system is used by Investigations Division, DLA
Accountability Office, 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 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' 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 records and/or on 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 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 records as permanent.
SYSTEM MANAGER(S) AND ADDRESS:
Staff Director, Investigations Division, DLA Accountability Office,
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, Suite 1644,
Fort Belvoir, VA 22060-6221.
[[Page 19379]]
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, Suite 1644, 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, Suite
1644, Fort Belvoir, VA 22060-6221.
RECORD SOURCE CATEGORIES:
Reports of Preliminary Inquiry, Criminal Information Reports,
Reports of Referral, Reports of Investigation, Police Incident Reports,
Reports of Inquiry, Reports of Initiatives, 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:
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. Note:
When claimed, this exemption allows limited protection of investigative
reports maintained in a system of records used in personnel or
administrative actions.
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. 2010-8506 Filed 4-13-10; 8:45 am]
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