Privacy Act; Systems of Records

Federal Register: February 3, 2010 (Volume 75, Number 22)

Notices

Page 5579-5581

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

DOCID:fr03fe10-36

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.

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: 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 to 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'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

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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

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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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