[Federal Register Volume 65, Number 13 (Thursday, January 20, 2000)]
[Notices]
[Pages 3223-3225]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-1317]


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DEPARTMENT OF DEFENSE

Defense Logistics Agency


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 inventory of record systems subject to the 
Privacy Act of 1974 (5 U.S.C. 552a), as amended. The alteration 
consists of consolidating two systems of records notices (S253.40 DLA-
G, Patent Infringement, into S100.60 GC, Claims and Litigation, other 
than Contractual), and adding five routine uses to the newly 
consolidated system of records.

DATES:  This action will be effective without further notice on 
February 22, 2000, unless comments are received that would result in a 
contrary determination.

ADDRESSES:  Send comments to the Privacy Act Officer, Headquarters, 
Defense Logistics Agency, ATTN: CAAR, 8725 John J. Kingman Road, Suite 
2533, Fort Belvoir, VA 22060-6221.

FOR FURTHER INFORMATION CONTACT:  Ms. Susan Salus at (703) 767-6183.

SUPPLEMENTARY INFORMATION:  The Defense Logistics Agency notices for 
systems of records 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 January 5, 2000, to 
the House Committee on Government Reform, the Senate Committee on 
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: January 13, 2000.
L.M. Bynum,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
DELETION
S253.40 DLA-G

System name:
    Patent Infringement (February 22, 1993, 58 FR 10854).
    Reason: This system of records is being consolidated into S100.60 
GC, Claims and Litigation.
ALTERATION
S252.50 DLA-G

System name:
    Claims and Litigation, other than Contractual (February 22, 1993, 
58 FR 10854).

Changes:
System identifier:
    Delete entry and replace with ``S100.60 GC.''

System name:
    Delete entry and replace with ``Claims and Litigation''.
* * * * *

Categories of individuals covered by the system:
    Delete entry and replace with ``Individuals or entities who have 
filed claims or litigation against DLA or against whom DLA has 
initiated such actions. The system may also include claims and 
litigation filed against or on behalf of other agencies that are 
serviced by or receive legal support from DLA.''

Categories of records in the system:
    Delete entry and replace with ``The system contains name, home or 
business address, telephone numbers, Social Security Number, details of 
the claim or litigation, and settlement, resolution, or disposition 
documents.''

[[Page 3224]]

Authority for maintenance of the system:
    Delete entry and replace with ``5 U.S.C. 301, Departmental 
Regulations; 10 U.S.C. 133, Under Secretary of Defense for Acquisition 
and Technology; 10 U.S.C. Chapter 163, Military Claims; 10 U.S.C. 2386, 
Copyrights, Patents, Designs; 28 U.S.C. 514, Pending Claims; 28 U.S.C. 
1498, Patents and Copyrights; 31 U.S.C. Chapter 37, Claims; 35 U.S.C., 
Chap. 28, Patent Infringement; and E.O. 9397 (SSN).''

Purpose(s):
    Delete entry and replace with `The records are used to evaluate, 
adjudicate, defend, prosecute, or settle claims or lawsuits.'

Routine uses of records maintained in the system, including categories 
of users and the purposes of such uses:
    Delete the entire sentence beginning with ``Information is used'' 
through ``settlement of claims'' and replace with five new routine uses 
as follows: ``To federal and local agencies authorized to investigate, 
audit, act on, negotiate, adjudicate, or settle claims or issues 
arising from litigation.
    To federal agencies or other third parties who have or are expected 
to have information to verify or refute the claim at issue.
    To the Internal Revenue Service for address verification or for 
matters under their jurisdiction.
    To Federal and local government agencies or other parties involved 
in approving, licensing, auditing, or otherwise having an identified 
interest in intellectual property issues.
    To Defense contractors that have an identified interest in the 
intellectual property at issue.''
* * * * *

Retention and disposal:
    Delete entry and replace with ``Claim records are destroyed 6 years 
and 3 months after final settlement; however, claims for which the 
government's right to collect was terminated under 4 CFR part 104 are 
destroyed 10 years and 3 months after the year in which the 
government's right to collect first accrued.
    Litigation files are destroyed 6 years after case closing except 
that patent infringement litigation files are destroyed after 26 year 
and copyright infringement files are destroyed after 56 years.''
* * * * *

Record source categories:
    Delete entry and replace with ``Claimants, litigants, 
investigators, and through legal discovery under the Federal Rules of 
Civil Procedure.''
* * * * *
S100.60 GC

System name:
    Claims and Litigation.

System location:
    Office of the General Counsel, Headquarters Defense Logistics 
Agency, ATTN: GC, 8725 John J. Kingman Road, Suite 2533, Fort Belvoir, 
VA 22060-6221, and the offices of counsel of the Defense Logistics 
Agency Primary Level Field Activities (DLA PLFAs). Official mailing 
addresses are published as an appendix to DLA's compilation of systems 
of records notices.

Categories of individuals covered by the system:
    Individuals or entities who have filed claims or litigation against 
DLA or against whom DLA has initiated such actions. The system may also 
include claims and litigation filed against or on behalf of other 
agencies that are serviced by or receive legal support from DLA.

Categories of records in the system:
    The system contains name, home or business address, telephone 
numbers, Social Security Number, details of the claim or litigation, 
and settlement, resolution, or disposition documents.

Authority for maintenance of the system:
    5 U.S.C. 301, Departmental Regulations; 10 U.S.C. 133, Under 
Secretary of Defense for Acquisition and Technology; 10 U.S.C. Chapter 
163, Military Claims; 10 U.S.C. 2386, Copyrights, Patents, Designs; 28 
U.S.C. 514, Pending Claims; 28 U.S.C. 1498, Patents and Copyrights; 31 
U.S.C. Chapter 37, Claims; 35 U.S.C., Chap. 28, Patent Infringement; 
and E.O. 9397 (SSN).

Purpose(s):
    The records are used to evaluate, adjudicate, defend, prosecute, or 
settle claims or lawsuits.

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 DoD as a routine use 
pursuant to 5 U.S.C. 552a(b)(3) as follows:
    To federal and local agencies authorized to investigate, audit, act 
on, negotiate, adjudicate, or settle claims or issues arising from 
litigation.
    To federal agencies or other third parties who have or are expected 
to have information to verify or refute the claim at issue.
    To the Internal Revenue Service for address verification or for 
matters under their jurisdiction.
    To Federal and local government agencies or other parties involved 
in approving, licensing, auditing, or otherwise having an identified 
interest in intellectual property issues.
    To Defense contractors that have an identified interest in the 
intellectual property at issue.
    The ``Blanket Routine Uses'' set forth at the beginning of DLA's 
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:
    Maintained in combination of paper and automated files.

Retrievability:
    Records are retrieved by name or Social Security Number.

Safeguards:
    Records are maintained in areas accessible only to DLA personnel 
who must use the records to perform their duties. The computer files 
are password protected with access restricted to authorized users. 
Records are secured in locked or guarded buildings, locked offices, or 
locked cabinets during nonduty hours.

Retention and disposal:
    Claim records are destroyed 6 years and 3 months after final 
settlement; however, claims for which the government's right to collect 
was terminated under 4 CFR part 104 are destroyed 10 years and 3 months 
after the year in which the government's right to collect first 
accrued. Litigation files are destroyed 6 years after case closing 
except that patent infringement litigation files are destroyed after 26 
year and copyright infringement files are destroyed after 56 years.

System manager(s) and address:
    Office of General Counsel, Headquarters, Defense Logistics Agency, 
8725 John J. Kingman Road, Suite 2533, 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 Privacy Act Officer, Headquarters, Defense Logistics Agency, 
ATTN: CAAR, 8725

[[Page 3225]]

John J. Kingman Road, Suite 2533, Fort Belvoir, VA 22060-6221. Official 
mailing addresses are published as an appendix to DLA's compilation of 
systems of records notices.
    Individuals must provide name of litigant, year of incident, and 
should contain court case number in order to ensure proper retrieval in 
those situations where a single litigant has more than one case with 
the Agency.

Record access procedures:
    Individuals seeking access to information about themselves 
contained in this system should address written inquiries to the 
Privacy Act Officer, Headquarters, Defense Logistics Agency, ATTN: 
CAAR, 8725 John J. Kingman Road, Suite 2533, Fort Belvoir, VA 22060-
6221, and Privacy Act offices of the DLA PLFAs. Official mailing 
addresses are published as an appendix to DLA's compilation of systems 
of records notices.
    Written request for information should contain the full name, 
current address and telephone number of the individual.

Contesting record procedures:
    The DLA rules for accessing records, for contesting contents and 
appealing initial agency determinations are contained in DLA Regulation 
5400.21, 32 CFR part 323, or may be obtained from the Privacy Act 
Officer, Headquarters, Defense Logistics Agency, ATTN: CAAR, 8725 John 
J. Kingman Road, Suite 2533, Fort Belvoir, VA 22060-6221.

Record source categories:
    Claimants, litigants, investigators, and through legal discovery 
under the Federal Rules of Civil Procedure.

Exemptions claimed for the system:
    None.
[FR Doc. 00-1317 Filed 1-19-00; 8:45 am]
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