[Federal Register Volume 66, Number 106 (Friday, June 1, 2001)]
[Notices]
[Pages 29777-29779]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-13751]


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DEPARTMENT OF DEFENSE

Defense Commissary Agency


Privacy Act of 1974; System of Records

AGENCY: Defense Commissary Agency, DOD.

ACTION: Notice to add systems of records.

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SUMMARY: The Defense Commissary Agency proposes to add two systems of 
records to its inventory of record systems subject to the Privacy Act 
of 1974 (5 U.S.C. 552a), as amended.

DATES: This action will be effective without further notice on July 2, 
2001, unless comments received that would result in a contrary 
determination.

ADDRESSES: Defense Commissary Agency, 1300 E. Avenue, Fort Lee, VA 
23801-1800.

FOR FURTHER INFORMATION CONTACT: Ms. Carole Marsh, Privacy Officer, at 
(804) 734-8841.

SUPPLEMENTARY INFORMATION: The Defense Commissary 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. 522a(r) of the 
Privacy Act of 1974, as amended, was submitted on May 17, 2001, 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: May 23, 2001.
L.M. Bynum,
Alternate OSD Federal Register Liaison Officer, Department of Defense.

Defense Commissary Agency

Requesting Records

    Records are retried by name or by some other personal identifier. 
It is therefore especially important for expeditious service when 
requesting a record that particular attention be provided to the 
Notification and/or Access Procedures of the particular record system 
involved so as to furnish the required personal identifiers, or any 
other pertinent personal information as may be required to locate and 
retrieve the record.

Blanket Routine Uses

    Certain `blanket routine uses' of the records have been established 
that are applicable to every record system maintained within the 
Department of Defense unless specifically stated otherwise within a 
particular record system. These additional blanket routine uses of the 
records are published below only once in the interest of simplicity, 
economy and to avoid redundancy.

Law Enforcement Routine Use

    In the event that a system of records maintained by this component 
to carry out its functions indicates violation or potential violation 
of law, whether civil, criminal or regulatory in nature, and whether 
arising by general statute or by regulation, rule or order issued 
pursuant thereto, the relevant records in the system of records may be 
referred, as a routine use, to the appropriate agency, whether Federal, 
state, local, or foreign,charged with the responsibility of 
investigating or prosecuting such violation or charged with enforcing 
or implementing the statute, rule, regulation or order issued pursuant 
thereto.

Disclosure When Requesting Information Routine Use

    A record from a system of records maintained by this component may 
be disclosed as a routine use to a Federal, state, or local agency 
maintaining civil, criminal, or other relevant enforcement information 
or other pertinent information, such as current licenses, if necessary 
to obtain information relevant to a component decision concerning the 
hiring or retention of an employee, the issuance of a security 
clearance, the letting of a contract, or the issuance of a license, 
grant or other benefit.

Disclosure of Requested Information Routine Use

    A record from a system of records maintained by this component may 
be disclosed to a Federal agency, in response to its request, in 
connection with the hiring or retention of an employee, the issuance of 
a security clearance, the reporting of an investigation of an employee, 
the letting of a contract, or the issuance of a license, grant or other 
benefit by the requesting agency, to the extent that the information is 
relevant and necessary to the requesting agency's decision on the 
matter.

Congressional Inquiries Routine Use

    Disclosure from a system of records maintained by this component 
may be made to a Congressional office from the record of an individual 
in response to an inquiry from the Congressional office made at the 
request of that individual.

Private Relief Legislation Routine Use

    Relevant information contained in all systems of records of the 
Department of Defense published on or before August 22, 1975, may be 
disclosed to the Office of Management and Budget in connection with the 
review of private relief legislation as set forth in OMB Circular A-19 
at any stage of the legislative coordination and clearance process as 
set forth in that Circular.

Disclosures Required by International Agreements Routine Use

    A record from a system of records maintained by this component may 
be disclosed to foreign law enforcement,

[[Page 29778]]

security, investigatory, or administrative authorities in order to 
comply with requirements imposed by, or to claim rights conferred in, 
international agreements and arrangements including those regulating 
the stationing and status in foreign countries of Department of Defense 
military and civilian personnel.

Disclosure to State and Local Taxing Authorities Routine Use

    Any information normally contained in IRS Form W-2 which is 
maintained in a record from a system of records maintained by this 
component may be disclosed to state and local taxing authorities with 
which the Secretary of the Treasury has entered into agreements 
pursuant to Title 5, U.S. Code, sections 5516, 5517, 5520, and only to 
those state and local taxing authorities for which an employee or 
military member is or was subject to tax regardless of whether tax is 
or was withheld. This routine use is in accordance with Treasury Fiscal 
Requirements Manual Bulletin Number 76-07.

Disclosure to the Office of Personnel Management Routine Use

    A record from a system of records subject to the Privacy Act and 
maintained by this component may be disclosed to the Office of 
Personnel Management concerning information on pay and leave, benefits, 
retirement deductions, and any other information necessary for the 
Office of Personnel Management to carry out its legally authorized 
Government-wide personnel management functions and studies.

Disclosure to the Department of Justice for Litigation Routine Use

    A record from a system of records maintained by this component may 
be disclosed as a routine use to any component of the Department of 
Justice for the purpose of representing the Department of Defense, or 
any officer, employee or member of the Department in pending or 
potential litigation to which the record is pertinent.

Disclosure to Military Banking Facilities Overseas Routine Use

    Information as to current military addresses and assignments may be 
provided to military banking facilities who provide banking services 
overseas and who are reimbursed by the Government for certain checking 
and loan losses. For personnel separated, discharged, or retired from 
the Armed Forces, information as to last known residential or home of 
record address may be provided to the military banking facility upon 
certification by a banking facility officer that the facility has a 
returned or dishonored check negotiated for the individual or the 
individual has defaulted on a loan and that if restitution is not made 
by the individual, the U.S. Government will be liable for the losses 
the facility may incur.

Disclosure of Information to the General Services Administration 
Routine Use

    A record from a system of records maintained by this component may 
be disclosed as a routine use to the General Services Administration 
for the purpose of records management inspections conducted under 
authority of 44 U.S.C. 2904 and 2906.

Disclosure of Information to the National Archives and Records 
Administration Routine Use

    A record from a system of records maintained by this component may 
be disclosed as a routine use to the National Archives and Records 
Administration for the purpose of records management inspections 
conducted under authority of 44 U.S.C. 2904 and 2906.

Disclosure to the Merit Systems Protection Board Routine Use

    A record from a system of records maintained by this component may 
be disclosed as a routine use to the Merit Systems Protection Board, 
including the Office of the Special Counsel for the purpose of 
litigation, including administrative proceedings, appeals, special 
studies of the civil service and other merit systems, review of OPM or 
component rules and regulations, investigation of alleged or possible 
prohibited personnel practices; including administrative proceedings 
involving any individual subject of a DoD investigation, and such other 
functions, promulgated in 5 U.S.C. 1205 and 1206, or as may be 
authorized by law.

Counterintelligence Purposes Routine Use

    A record from a system of records maintained by this component may 
be disclosed as a routine use outside the DoD or the U.S. Government 
for the purposes of counterintelligence activities authorized by U.S. 
Law or Executive Order or for the purpose of enforcing laws which 
protect the national security of the United States.
ZIG 001

System Name:
    Commissary Patron Inquiry, Complaint, Comment, and Suggestion 
Files.

System Location:
    Office of the Inspector General, Defense Commissary Agency, 1300 E. 
Avenue, Fort Lee, VA 23801-1800.

Categories of Individuals Covered by the System:
    Patrons of the Commissaries who make inquiries, complaints, 
comments, or suggestions on it's operations.

Categories of Records in the System:
    Customer's name, address, telephone number, and e-mail address; 
information pertaining to the subject of inquiry, complaint, comment, 
or suggestion, and response thereto; customer opinion survey data.

Authority for Maintenance of the System:
    5 U.S.C. 301, Departmental Regulations; and 10 U.S.C. 2482, 
Commissary stores: operation.

Purpose(s):
    To aid the Defense Commissary Agency in determining needs of 
customers, responding to the customer's inquiries and comments, and 
determining action required to settle customer complaints.

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:
    The DoD ``Blanket Routine Uses'' set forth at the beginning of the 
Defense Commissary Agency'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:
    Automated and paper records stored in file folders and computerized 
database.

Retrievability:
    By customer's name, case number, e-mail address, and commissary.

Safeguards:
    Paper and automated records are stored in rooms with restricted 
access in a secure building. In addition, access is

[[Page 29779]]

limited to the Inspector General staff in performance of their official 
duties.

Retention and Disposal:
    Records are destroyed by shredding after 2 years.

System manager(s) and address:
    Your Action Line Coordinator, Office of the Inspector General, 
Defense Commissary Agency, 1300 E. Avenue, Fort Lee, VA 23801-180.

Notification Procedure:
    Individuals seeking to determine whether this system of records 
contains information about themselves should address written inquiries 
to the Freedom of Information Act/Privacy Officer, Defense Commissary 
Agency, 1300 E. Avenue, Fort Lee, VA 23801-1800.
    The request should contain the individual's full name, address, and 
telephone number. These items are necessary for the retrieval of 
information. Requests submitted on behalf of other persons must include 
their written authorization.

Record Access Procedures:
    Individuals seeking access to information about themselves 
contained in this system should address written inquiries to the 
Freedom of Information Act/Privacy Officer, Defense Commissary Agency, 
1300 E. Avenue, Fort Lee, VA 23801-1800.
    The request should contain the individual's full name, address, and 
telephone number. These items are necessary for the retrieval of 
information. Requests submitted on behalf of other persons must include 
their written authorization.

Contesting Record Procedures:
    The Defense Commissary Agency's rules for accessing records, for 
contesting contents and appealing initial agency determinations are 
contained in Defense Commissary Agency Directive 30-13; 32 CFR part 
327; or may be obtained from the Freedom Of Information Act/Privacy 
Officer at 1300 E. Avenue, Fort Lee, VA 23801-1800.

Record Source Categories:
    From the individual.

Exemption Claimed for the System:
    None.
ZGC 001

System Name:
    General Counsel Case Files.

System Location:
    Office of the General Counsel, Headquarters, Defense Commissary 
Agency (DeCa), ATTN: GC, 1300 E. Avenue, Fort Lee, VA 23801-1800.

Categories of Individuals Covered by the System:
    Any individual who may or has filed a claim, a complaint or similar 
pleading or instituted litigation against the Defense Commissary Agency 
in a court or administrative body or in an established administrative 
dispute resolution procedure in which a Defense Commissary Agency 
employee or the Defense Commissary Agency is name as a defendant 
concerning matters under the cognizance of the General Counsel, Defense 
Commissary Agency.

Categories of Records in the System:
    Name of the party bringing the action, home address, telephone 
number, location, type of case and other details including settlement 
and resolution.

Authority for Maintenance of the System:
    5 U.S.C. 301, Department Regulations and 10 U.S.C. 2482, Commissary 
stores: operation.

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:
    The DoD `Blanket Routine Uses' set forth at the beginning of the 
Defense Commissary Agency'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:
    Automated and paper records stored in file folders and computerized 
database.

Retrievability:
    Name of litigant or anticipated litigant and case number.

Safeguards:
    Paper and automated records are stored in rooms with restricted 
access in a secure building. Access is limited to the General Counsel 
staff in performance of their official duties.

Retention and disposal:
    Records retained for six years after final action, then destroyed. 
Paper records are shredded.

System Manager(s) and Address:
    Administrative Support Assistant, Office of the General Counsel, 
Headquarters, Defense Commissary Agency, 1300 E. Avenue, Fort Lee, VA 
23801-1800.

Notification Procedure:
    Individuals seeking to determine whether this system of records 
contains information about themselves should address written inquiries 
to the Freedom of Information Act/Privacy Officer, Defense Commissary 
Agency, 1300 E. Avenue, Fort Lee, VA 23801-1800.
    The request should contain the individual's full name, address, and 
telephone number. These items are necessary for the retrieval of 
information. Requests submitted on behalf of other persons must include 
their written authorization.

Record Access Procedures:
    Individuals seeking access to records about themselves contained in 
this system of records should address written inquiries to the Freedom 
of Information Act/Privacy Officer, Defense Commissary Agency, 1300 E. 
Avenue, Fort Lee, VA 23801-1800.
    The request should contain the individual's full name, address, and 
telephone number. These items are necessary for the retrieval of 
information. Requests submitted on behalf of other persons must include 
their written authorization.

Contesting Record Procedures:
    The Defense Commissary Agency's rules for accessing records, for 
contesting contents and appealing initial agency determinations are 
contained in Defense Commissary Agency Directive 30-13; 32 CFR part 
327; or may be obtained from the Freedom of Information Act/Privacy 
Officer at 1300 E. Avenue, Fort Lee, VA 23801-1800.

Record Source Categories:
    From all sources with information which may impact upon actual or 
anticipated litigation, e.g., administrative boards, other record 
systems within DeCA, DoD, and third parties who provide information 
voluntarily or in response to discovery.

Exemptions claimed for the System:
    None.
[FR Doc. 01-13751 Filed 5-31-01; 8:45 am]
BILLING CODE 5001-08-M