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[Federal Register: August 26, 2010 (Volume 75, Number 165)]
[Notices]               
[Page 52515-52517]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26au10-39]                         

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DEPARTMENT OF DEFENSE

Office of the Secretary

[Docket ID DOD-2010-OS-0119]

 
Privacy Act of 1974; System 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 
September 27, 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, Room 3C843 
Pentagon, 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 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 report, as required by 5 U.S.C. 552a(r), of the 
Privacy Act of 1974, as amended, was submitted on August 16, 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: August 23, 2010.
Mitchell S. Bryman,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
S800.10 DLSC

System Name:
    Federal Property End Use Files (January 20, 2000; 73 FR 3222).

Changes:
System Identifier:
    Delete entry and replace with ``S640.45.''

System Name:
    Delete entry and replace with ``End Use Certificates.''

System Location:
    Delete entry and replace with ``Records are maintained by the 
Commander, Defense Reutilization and Marketing Service, 74 Washington 
Avenue North, Battle Creek, MI 49017-3092.''
* * * * *

Categories of Records in the System:
    Delete entry and replace with ``Applicant's name, address, date and 
place of birth, Social Security Number (SSN), citizenship, alien 
registration data, telephone number, company affiliation, identity of 
firm officials, nature of business, firm's identification/tax number, 
sales number, and Bidder Identification Number and information on the 
intended end use of the property. File may also include a copy of the 
individual's current driver's license and/or state issued ID, passport, 
and naturalization/immigration documents.''

Authority for Maintenance of the System:
    Delete entry and replace with ``10 U.S.C. 133, Under Secretary of 
Defense for Acquisition, Technology, and Logistics; 22 U.S.C. 2751-
2799, Arms Export Control; 50 App. U.S.C. 2401 et seq., Export 
Administration; E.O. 12738 and E.O. 12981, Export Controls; 22 CFR part 
122, Registration of Manufacturers and Exporters; 15 CFR part 762, 
Export Administration Regulations Recordkeeping; 41 CFR part 101, 
Federal Property Management Regulations; 41 CFR part 102, Federal 
Management Regulations; DoD Directive 2040.3, End Use Certificates 
(EUCS); DoD Instruction 2030.08, Implementation of Trade Security 
Controls (TSC) for Transfers of DoD U.S. Munitions List (USML) and 
Commerce Control List (CCL) Personal Property to Parties Outside DoD 
Control; DoD Instruction 2040.02, International Transfers of 
Technology, Articles, and Services; and DoD Instruction 4161.2, 
Management, Control and Disposal of Government Property in the 
Possession of Contractors; DoD 4160.21-M, Defense Materiel Disposition 
Manual; DoD 4160.21-M-1, Defense Demilitarization Manual and E.O. 9397 
(SSN), as amended.''
* * * * *

[[Page 52516]]

Retrievability:
    Delete entry and replace with ``Records are retrieved by subject 
individual's name, Social Security Number (SSN), company name, sales 
number, and Bidder Identification Number.''

Safeguards:
    Delete entry and replace with ``Records are maintained in areas 
accessible only to DLA personnel who must access the records to perform 
their official duties. Physical entry is restricted by the use of 
guards, locks, and administrative procedures. System is password 
controlled with system-generated, forced password-change protocols and 
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 for inactivity 
with re-entry controlled by passwords. Employees have been briefed on 
their responsibilities regarding privacy information and are required 
to take annual Privacy Act Information training.''

Retention and Disposal:
    Delete entry and replace with ``Records are destroyed 7 years after 
bid award date. Sales records involving violation of law or regulation 
are destroyed 15 years after case adjudication is completed.''

System Manager(s) and Address:
    Delete entry and replace with ``Staff Director, DLA Accountability 
Office (DA), Investigation Division, Headquarters, Defense Logistics 
Agency, 8725 John J. Kingman Road, Suite 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 HQ FOIA/Privacy Act Office, 
Defense Logistics Agency Headquarters, ATTN: DGA, 8725 John J. Kingman 
Road, Suite 1644, Fort Belvoir, VA 22060-6221.
    Inquiry should contain the subject individual's full name, Social 
Security Number (SSN), their company's name, sales number, and Bidder 
Identification Number.''

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 HQ FOIA/Privacy Act Office, Defense 
Logistics Agency Headquarters, ATTN: DGA, 8725 John J. Kingman Road, 
Suite 1644, Fort Belvoir, VA 22060-6221.
    Inquiry should contain the subject individual's full name, Social 
Security Number (SSN), their company's name, sales number, and Bidder 
Identification Number.''

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 HQ FOIA/Privacy Act Office, Defense Logistics Agency 
Headquarters, Attn: DGA, 8725 John J. Kingman Road, Suite 1644, Fort 
Belvoir, VA 22060-6221.''
* * * * *
S640.45

System Name:
    End Use Certificates.

System Location:
    Records are maintained by the Commander, Defense Reutilization and 
Marketing Service, 74 Washington Avenue North, Battle Creek, MI 49017-
3092.

Categories of Individuals Covered by the System:
    Individuals, businesses, and organizations who bid on or 
participate in the DoD surplus personal property sales program or the 
excess contractor inventory sales program.

Categories of Records in the System:
    Applicant's name, address, date and place of birth, Social Security 
Number (SSN), citizenship, alien registration data, telephone number, 
company affiliation, identity of firm officials, nature of business, 
firm's identification/tax number, sales number, and Bidder 
Identification Number and information on the intended end use of the 
property. File may also include a copy of the individual's current 
driver's license and/or state issued ID, passport, and naturalization/
immigration documents.

Authority for Maintenance of the System:
    10 U.S.C. 133, Under Secretary of Defense for Acquisition, 
Technology, and Logistics; 22 U.S.C. 2751-2799, Arms Export Control; 50 
App. U.S.C. 2401 et seq., Export Administration; E.O. 12738 and E.O. 
12981, Export Controls; 22 CFR part 122, Registration of Manufacturers 
and Exporters; 15 CFR part 762, Export Administration Regulations 
Recordkeeping; 41 CFR part 101, Federal Property Management 
Regulations; 41 CFR part 102, Federal Management Regulations; DoD 
Directive 2040.3, End Use Certificates (EUCS); DoD Instruction 2030.08, 
Implementation of Trade Security Controls (TSC) for Transfers of DoD 
U.S. Munitions List (USML) and Commerce Control List (CCL) Personal 
Property to Parties Outside DoD Control; DoD Instruction 2040.02, 
International Transfers of Technology, Articles, and Services; and DoD 
Instruction 4161.2, Management, Control and Disposal of Government 
Property in the Possession of Contractors; DoD 4160.21-M, Defense 
Materiel Disposition Manual; DoD 4160.21-M-1, Defense Demilitarization 
Manual and E.O. 9397 (SSN), as amended.

Purpose(s):
    Records are used in the management of the property disposal 
programs to determine bidder eligibility to participate in the programs 
and to ensure that property recipients comply with the terms of the 
sale regarding end use of the property.

Routine Uses of Records Maintained in the System, Including Categories 
of Users and the Purposes of Such Uses:
    In addition to the 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 the Department of the Treasury to ensure that recipients comply 
with U.S. Customs rules and regulations regarding movement of the 
property.
    To the Department of Transportation to ensure compliance with rules 
regarding Federal Aviation Administration airworthiness certificates 
for surplus military aircraft.
    To the General Services Administration to determine the presence of 
debarment proceedings against a bidder.
    To the Department of State to ensure compliance with the 
International Traffic in Arms regulations.
    To the Department of Commerce to ensure compliance with the Export 
Administration regulations.
    To the Department of Justice for asset identification, location and 
recovery; and for immigration and naturalization data verification.
    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 and/or on electronic storage media.

[[Page 52517]]

Retrievability:
    Records are retrieved by subject individual's name, Social Security 
Number (SSN), company name, sales number, and Bidder Identification 
Number.

Safeguards:
    Records are maintained in areas accessible only to DLA personnel 
who must access the records to perform their official duties. Physical 
entry is restricted by the use of guards, locks, and administrative 
procedures. System is password controlled with system-generated, forced 
password-change protocols and 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 for inactivity with re-entry controlled by passwords. 
Employees have been briefed on their responsibilities regarding privacy 
information and are required to take annual Privacy Act Information 
training.

Retention and Disposal:
    Records are destroyed 7 years after bid award date. Sales records 
involving violation of law or regulation are destroyed 15 years after 
case adjudication is completed.

System Manager(s) and Address:
    Staff Director, DLA Accountability Office (DA), Investigation 
Division, Headquarters, Defense Logistics Agency, 8725 John J. Kingman 
Road, Suite 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 HQ FOIA/Privacy Act Office, Defense Logistics Agency 
Headquarters, Attn: DGA, 8725 John J. Kingman Road, Suite 1644, Fort 
Belvoir, VA 22060-6221.
    Inquiry should contain the subject individual's full name, Social 
Security Number (SSN), their company's name, sales number, and Bidder 
Identification Number.

Record Access Procedures:
    Individuals seeking access to information about themselves 
contained in this system should address written inquiries to the DLA HQ 
FOIA/Privacy Act Office, Defense Logistics Agency Headquarters, Attn: 
DGA, 8725 John J. Kingman Road, Suite 1644, Fort Belvoir, VA 22060-
6221.
    Inquiry should contain the subject individual's full name, Social 
Security Number (SSN), their company's name, sales number, and Bidder 
Identification Number.

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 HQ FOIA/Privacy Act Office, 
Defense Logistics Agency Headquarters, Attn: DGA, 8725 John J. Kingman 
Road, Suite 1644, Fort Belvoir, VA 22060-6221.

Record Source Categories:
    Information is provided by the record subject and by Federal 
agencies investigating or monitoring arms trafficking, property 
movement, export control, or other laws and regulations.

Exemptions Claimed for the System:
    None.

[FR Doc. 2010-21273 Filed 8-25-10; 8:45 am]
BILLING CODE 5001-06-P
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