65186 Federal Register / Vol. 76, No. 203 / Thursday, October 20, 2011 / Notices 

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 FOIA/Privacy 

Act Office, Headquarters, Defense 

Logistics Agency, ATTN: DGA, 8725 

John J. Kingman Road, Suite 1644, Fort 

Belvoir, VA 22060–6221.’’ 

* * * * * 

S180.10 

SYSTEM NAME: 

Congressional, Executive, and 

Political Inquiry Records. 

SYSTEM LOCATION: 

Office of Legislative Affairs, 

Headquarters, Defense Logistics Agency, 

8725 John J. Kingman Road, Suite 2545, 

Fort Belvoir, VA 22060–6221, and the 

DLA Primary Level Field Activities. 

Mailing addresses for the DLA Primary 

Level Field Activities may be obtained 

from the System manager. 

CATEGORIES OF INDIVIDUALS COVERED BY THE

SYSTEM: 

Individuals, organizations, and other 

entities who have requested Members of 

State and Federal Legislative and 

Executive Branches of Government 

make inquiries on their behalf. 

CATEGORIES OF RECORDS IN THE SYSTEM: 

Records contain representative’s 

name, constituent’s name, details 

surrounding the issue being researched 

and control number. The records may 

also contain the constituent’s home 

address, home telephone number, or 

related personal information provided 

by the constituent/representative 

making the inquiry. 

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; and DOD 

Directive 5400.04, Provision of 

Information to Congress. 

PURPOSE(S): 

Information is collected to reply to 

inquiries and to determine the need for 

and course of action to be taken for 

resolution. Information may be used by 

the DLA Director, Chief of Staff, DLA 

Senior Leadership and DLA Primary 

Level Field Activity Commanders and 

decision makers as a basis to institute 

policy or procedural changes. 

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: 

Information is furnished to Members/ 

Staff of State and Federal Legislative 

and Executive Branches of Government 

who wrote to DLA on behalf of the 

constituent and who use it to respond 

to the constituent. 

To Federal and local government 

agencies having cognizance over or 

authority to act on the issues involved. 

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 are stored in paper and 

electronic form. 

RETRIEVABILITY: 

Retrieved by constituent name, 

representative name, or control number. 

SAFEGUARDS: 

Records are maintained in a secure, 

limited access, or monitored work area. 

Physical entry by unauthorized persons 

is restricted by the use of locks, guards, 

or administrative procedures. Access to 

personal information is restricted to 

those who require the records in the 

performance of their official duties. 

Access to computer records is further 

restricted to DL staff only. All personnel 

whose official duties require access to 

the information are trained in the proper 

safeguarding and use of the information. 

RETENTION AND DISPOSAL: 

Records are destroyed after eight 

years. 

SYSTEM MANAGER(S) AND ADDRESS: 

Director, Legislative Affairs, 

Headquarters, Defense Logistics Agency, 

8725 John J. Kingman Road, Suite 2533, 

Fort Belvoir, VA 22060–6221, and the 

DLA Primary Level Field Activity 

Commanders. 

NOTIFICATION PROCEDURE: 

Individuals seeking to determine 

whether information about themselves 

is contained in this system should 

address written inquiries to the DLA 

FOIA/Privacy Act Office, Headquarters, 

Defense Logistics Agency, ATTN: DGA, 

8725 John J. Kingman Road, Suite 1644, 

Fort Belvoir, VA 22060–6221. 

Individuals should provide their 

name, home address, representative’s 

name, and control number, if known. 

RECORD ACCESS PROCEDURES: 

Individuals seeking access to 

information about themselves contained 

in this system should address written 

inquiries to the DLA FOIA/Privacy Act 

Office, Headquarters, Defense Logistics 

Agency, ATTN: DGA, 8725 John J. 

Kingman Road, Suite 1644, Fort Belvoir, 

VA 22060–6221. 

Individuals should provide their 

name, home address, representative’s 

name, and control number, if known. 

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 FOIA/Privacy 

Act 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 

constituent, the constituent’s 

representative, and from agency files. 

EXEMPTIONS CLAIMED FOR THE SYSTEM: 

None. 

[FR Doc. 2011–27150 Filed 10–19–11; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF DEFENSE 

Request for Public Comments on How 

the Department of Defense Can 

Improve the Way It Procures Defense 

Items and Defense Services in Support 

of Foreign Military Sales (FMS) 

Programs 

AGENCY: Department of Defense (DoD). 

ACTION: Request for public comments. 

SUMMARY: Defense Federal Acquisition 

Regulation Supplement (DFARS) 

subpart 225.73—Acquisition for Foreign 

Military Sales (FMS) implements 22 

U.S.C. 2762 of the Arms Export Control 

Act (AECA) that authorizes DoD to enter 

into contracts for resale to foreign 

countries or international organizations. 

In a recent report signed by the 

Secretary of Defense titled ‘‘Security 

Cooperation Reform Phase 1’’, a 

requirement directs the Office of the 

Under Secretary of Defense for 

Acquisition, Technology and Logistics 

(OUSD(AT&L)) to seek information from 

industry on how to improve the FMS 

process. The report is available at http:// 

www.acq.osd.mil/dpap/cpic/ic/docs/

Signed_SCRTF_Report_Phase_1_-July%

202011.pdf. 


sroberts on DSK5SPTVN1PROD with NOTICES
Federal Register / Vol. 76, No. 203 / Thursday, October 20, 2011 / Notices 65187 

DATES: Submission of Comments: 

Submit written comments to the address 

shown below on or before December 2, 

2011. Comments received will be 

considered by DoD in the formation of 

a recommendation to the Secretary of 

Defense if a revision to the regulation or 

policy is necessary and appropriate. 

ADDRESSES: Submit comments to: 

Director, Defense Procurement and 

Acquisition Policy, 3060 Defense 

Pentagon, Washington, DC 20301–3060, 

or e-mail to jeffrey.grover@osd.mil. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Jeff Grover, telephone 703–697–9352. 

SUPPLEMENTARY INFORMATION: The 

Foreign Military Sales (FMS) Program is 

authorized under the Arms Export 

Control Act (AECA). The FMS program 

is an important instrument of U.S 

foreign policy. It allows the United 

States to provide defense articles and 

defense services to friendly countries 

and international organizations in order 

to deter and defend against aggression, 

facilitate a common defense, address 

security issues of mutual strategic 

concern, and to strengthen the security 

of the United States. The sales 

agreement between the United States 

and a foreign country or international 

organization is executed via a Letter of 

Offer and Acceptance (LOA). Security 

Assistance Management Manual, DoD 

5105.38–M, found at http:// 

www.dsca.osd.mil/samm/, provides 

guidance for the administration and 

implementation of Security Assistance 

and related activities. The articles and 

services acquired via FMS sales are 

procured through the Department of 

Defense Acquisition System. In the 

LOA, the Department of Defense (DoD) 

promises that when procuring for the 

purchaser, DoD will, in general, employ 

the same contract clauses, the same 

contract administration, and the same 

quality and audit inspection procedures 

as would be used in DoD procurements. 

Pricing for FMS contracts typically use 

the same principles used in pricing of 

other defense contracts. However, the 

application of the pricing principles in 

Federal Acquisition Regulation (FAR) 

parts 15 and 31 to an FMS contract may 

result in prices that differ from other 

defense contract prices for the same 

item. Direct costs associated with 

meeting a foreign customer’s additional 

or unique requirements are allowable 

under such contracts. Indirect burden 

rates applicable to such direct costs are 

permitted at the same rates applicable to 

acquisitions of like items purchased by 

DoD for its own use. If the foreign 

government has conducted a 

competition resulting in adequate price 

competition as identified in FAR part 

15, the contracting officer shall not 

require the submission of cost or pricing 

data. The contracting officer should 

consult with the foreign government 

through security assistance personnel to 

determine if adequate price competition 

has occurred. In accordance with the 

Presidential policy statement of April 

16, 1990, DoD does not encourage, enter 

into, or commit U.S. firms to FMS offset 

arrangements. The decision whether to 

engage in offsets, and the responsibility 

for negotiating and implementing offset 

arrangements, resides with the 

companies involved. Relating to offset 

costs, a U.S. defense contractor may 

recover all costs incurred for offset 

agreements with a foreign government 

or international organization if the LOA 

is financed wholly with customer cash 

or repayable Foreign Military Financing 

(FMF) credits. The U.S. Government 

assumes no obligation to satisfy or 

administer the offset requirement or to 

bear any of the associated costs. 

Typically, costs not authorized under 

FAR part 31 are not allowable in pricing 

FMS contracts. On November 22, 2002, 

the Defense Federal Acquisition 

Regulation Supplement (DFARS) was 

amended to increase FMS customer 

participation and acquisition 

transparency in DoD contracts awarded 

on behalf of FMS customers. DFARS 

subpart 225.73 provides authorization 

for FMS customers to participate in 

specifications development, delivery 

schedule planning, identification of 

warranties and other contractual 

requirements unique to the customer, as 

well as the review of pricing needed to 

make price-performance tradeoffs. This 

DFARS change encourages customer 

participation in both the acquisition 

process and industry discussions. 

Customers also are allowed to 

participate in the contract negotiation 

process within the limitations of DFARS 

subpart 225.73, to the degree authorized 

by the contracting officer (CO). This 

section specifically protects against 

unauthorized release of proprietary data 

and improper influence on the 

contracting process. 

Mary Overstreet, 

Editor, Defense Acquisition Regulations 

System. 

[FR Doc. 2011–27218 Filed 10–19–11; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF DEFENSE 

Department of the Air Force 

U.S. Air Force Scientific Advisory 

Board Notice of Meeting 

AGENCY: US Air Force Scientific 

Advisory Board, Department of the Air 

Force, DoD. 

ACTION: Meeting Cancellation Notice. 

SUMMARY: Due to difficulties, beyond the 

control of the U.S. Air Force Scientific 

Advisory Board or its Designated 

Federal Officer, the Board must cancel 

its October 13–14, 2011 meeting of the 

U.S. Air Force Scientific Advisory 

Board (76 FR 57026, September 15, 

2011). Since the Department of the Air 

Force is unable to file a Federal Register 

notice cancelling the meeting within the 

15-calendar day period the Advisory 

Committee Management Officer for the 

Department of Defense, pursuant to 41 

CFR 102–3.150(b), waives the 15- 

calendar day notification requirement. 

The meeting was cancelled due to lack 

of approval of the Fiscal Year 2012 

Board membership. This meeting will 

not be rescheduled. 

FOR FURTHER INFORMATION CONTACT: 

The United States Air Force Scientific 

Advisory Board Executive Director and 

Designated Federal Officer, Lt Col 

Matthew E. Zuber, 240–612–5503, 

United States Air Force Scientific 

Advisory Board, 1500 West Perimeter 

Road, Ste. #3300, Joint Base Andrews, 

MD 20762, 

matthew.zuber@pentagon.af.mil 

Bao-Anh Trinh, 

DAF, Air Force Federal Register Liaison 

Officer. 

[FR Doc. 2011–27140 Filed 10–19–11; 8:45 am] 

BILLING CODE 5001–10–P 

DEPARTMENT OF EDUCATION 

Notice of Proposed Information 

Collection Requests 

AGENCY: Department of Education. 

ACTION: Comment request. 

SUMMARY: The Department of Education 

(the Department), in accordance with 

the Paperwork Reduction Act of 1995 

(PRA) (44 U.S.C. 3506(c)(2)(A)), 

provides the general public and Federal 

agencies with an opportunity to 

comment on proposed and continuing 

collections of information. This helps 

the Department assess the impact of its 

information collection requirements and 

minimize the reporting burden on the 

public and helps the public understand 

the Department’s information collection 


sroberts on DSK5SPTVN1PROD with NOTICES