[Federal Register Volume 73, Number 84 (Wednesday, April 30, 2008)]
[Notices]
[Pages 23429-23431]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-9400]


-----------------------------------------------------------------------

DEPARTMENT OF DEFENSE

Office of the Secretary

[Docket ID: DoD-2008-OS-0039]


Privacy Act of 1974; System of Records

AGENCY: National Reconnaissance Office, DoD.

ACTION: Notice to Add a System of Records.

-----------------------------------------------------------------------

SUMMARY: The National Reconnaissance Office (NRO) proposes to add a 
system of records to its inventory of system of records notice 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 
May 30, 2008 unless comments are received which result in a contrary 
determination.

ADDRESSES: Send comments to the FOIA/Privacy Official, National 
Reconnaissance Office, Information Access and Release, 14675 Lee Road, 
Chantilly, VA 20151-1715.

FOR FURTHER INFORMATION CONTACT: Ms. Theresa Lamm at (703) 227-9152.

SUPPLEMENTARY INFORMATION: The National Reconnaissance Office 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 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 April 22, 2008, to 
the House Committee on Oversight and Government Reform, the Senate 
Committee on Governmental Affairs, and the Office of Management and 
Budget (OMB) pursuant to paragraph 4c of Appendix I, `Federal Agency 
Responsibilities for Maintaining Records About Individuals', to OMB 
Circular No. A-130, dated February 8, 1996 (February 20, 1996, 61 FR 
6427).

    Dated: April 23, 2008.
Patricia Toppings,
OSD Federal Register Liaison Officer, Department of Defense.
QNRO-27

System name:
    Legal Records

System location:
    Office of General Counsel, National Reconnaissance Office (NRO), 
14675 Lee Road, Chantilly, VA 20151-175.

Categories of individuals covered by the system:
    Government and contractor employees, litigants, and claimants.

Categories of records in the system:
    Individual's name, Social Security Number (SSN), employee number, 
parent organization, company, home and work telephone number, work 
location, personal financial data, date and place of birth, home 
address, current citizenship status; procurement experience, future 
employment plans, and any other relevant information.

Authority for maintenance of the system:
    50 U.S.C. 401 et seq., Federal Tort Claims Act; 28 U.S.C. 1346; 28 
U.S.C. 535; Federal Records Act of 1950, 44 U.S.C. 3101 and 5 CFR 
Section 2634.202, National Security Act of 1947, as amended and E.O. 
9397 (SSN).

Purpose(s):
    To manage the legal files related to matters of standards of 
conduct and litigation. This will ensure legal sufficiency of NRO 
operations, policies, procedures, and personnel actions. The General 
Counsel Litigation case files are maintained for legal opinions, legal 
reviews, or other actions. In addition, the systems are maintained for 
statutory

[[Page 23430]]

compliance with the crime reporting requirements.

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 NRO as a routine use 
pursuant to 5 U.S.C. 552a(b)(3) as follows:
    To U.S. Attorneys and other parties in litigation.
    To Federal and state courts in connection with litigations 
affecting NRO interests, employees or equities.
    To a federal, state, local or foreign agency maintaining civil, 
criminal, or other relevant enforcement information or other pertinent 
information, if deemed relevant to that agency's decisions concerning 
the hiring or retention of an employee, issuance of a security 
clearance, letting of a contract, or issuance of a license or other 
benefit.
    The DoD `Blanket Routines Uses' published at the beginning of the 
NRO 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:
    Hard copy and electronic storage media.

Retrievability:
    Individual's name.

Safeguards:
    Records are stored in a secure, gated facility, guard, badge, and 
password access protected. Access to and use of these records is 
limited to legal staff whose official duties require such access.

Retention and disposal:
    Standards of Conducts files are maintained for six (6) years and 
then destroyed.
    Legal Subject Files (to include crimes reports) are maintained 
until no longer needed.
    Litigation case files that reflect distinctive NRO activities, 
attract media or congressional interest, or are otherwise historically 
significant are kept permanently.
    All other case files are kept until all appellate rights have been 
exhausted or when no longer needed, whichever is later.

System manager(s) and address:
    Director, National Reconnaissance Office, Office of General 
Counsel, 14675 Lee Road, Chantilly, VA 20151-1715.

Notification procedure:
    Individuals seeking to determine whether this system of records 
contains information about themselves should address written inquiries 
to the National Reconnaissance Office, Information Access and Release 
Center, 14675 Lee Road, Chantilly, VA 20151-1715.
    Request should include full name and any aliases or nicknames, 
address, Social Security Number (SSN), current citizenship status, date 
and place of birth, and other information identifiable from the record.
    In addition, the requester must provide a notarized statement or an 
unsworn declaration in accordance with 28 U.S.C. 1746, in the following 
format:
    If executed outside the United States: I declare (or certify, 
verify, or state) under penalty of perjury under the laws of the United 
States of America that the foregoing is true and correct. Executed on 
(date). (Signature).
    If executed within the United States, its territories, possessions, 
or commonwealths: I declare (or certify, verify, or state) under 
penalty of perjury that the foregoing is true and correct. Executed on 
(date). (Signature).

Record access procedures:
    Individuals seeking to access information about themselves 
contained in this system should address written inquiries to the 
National Reconnaissance Office, Information Access and Release Center, 
14675 Lee Road, Chantilly, VA 20151-1715.
    Request should include full name and any aliases or nicknames, 
address, Social Security Number (SSN), current citizenship status, date 
and place of birth, and other information identifiable from the record.
    In addition, the requester must provide a notarized statement or an 
unsworn declaration in accordance with 28 U.S.C. 1746, in the following 
format:
    If executed outside the United States: I declare (or certify, 
verify, or state) under penalty of perjury under the laws of the United 
States of America that the foregoing is true and correct. Executed on 
(date). (Signature).
    If executed within the United States, its territories, possessions, 
or commonwealths: I declare (or certify, verify, or state) under 
penalty of perjury that the foregoing is true and correct. Executed on 
(date). (Signature).

Contesting record procedures:
    The NRO procedure for accessing records, for contesting contents 
and appealing initial agency determinations are published in NRO 
Directive 110-3b and NRO Instruction 110-3-1; 32 CFR part 326; or may 
be obtained from the Privacy Act Coordinator, National Reconnaissance 
Office, 14675 Lee Road, Chantilly, VA 20151-1715.

Record source categories:
    Information is supplied by the individual, federal and state 
agencies, corporations, associations, partnerships, other legal 
entities; and other NRO records systems.

Exemptions claimed for the system:
    Parts of this system may be exempt pursuant to 5 U.S.C. 552a(j)(2) 
if the information is compiled and maintained by a component of the 
agency that performs as its principle function any activity pertaining 
to the enforcement of criminal laws.
    Information specifically authorized to be classified under E.O. 
12958, as implemented by DoD 5200.1-R, may be exempt pursuant to 5 
U.S.C. 552a(k)(1).
    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 exempt to the extent that disclosure 
would reveal the identity of a confidential source. NOTE: When claimed, 
this exemption allows limited protection of investigative reports 
maintained in a system of records used in personnel or administrative 
actions.
    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.
    Testing or examination material used solely to determine individual 
qualifications for appointment or promotion in the federal or military 
service, if the disclosure would compromise the objectivity or fairness 
of the test or examination process may be exempt pursuant to 5 U.S.C. 
552a(k)(6), if the disclosure would compromise the objectivity or 
fairness of the test or examination process.
    Evaluation material used to determine potential for promotion in 
the Military Services may be exempt pursuant to 5 U.S.C. 552a(k)(7), 
but only to the extent that the disclosure of such material

[[Page 23431]]

would reveal the identify of a confidential source.
    An exemption rule for this exemption has been promulgated in 
accordance with requirements of 5 U.S.C. 553(b)(1), (2), and (3), (c) 
and (e) and published in 32 CFR part 326. For additional information 
contact the system manager.

[FR Doc. E8-9400 Filed 4-29-08; 8:45 am]
BILLING CODE 5001-06-P