[Federal Register Volume 73, Number 191 (Wednesday, October 1, 2008)]
[Notices]
[Pages 57084-57085]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-23019]


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DEPARTMENT OF DEFENSE

Department of the Army

[Docket ID USA-2008-0061]


Privacy Act of 1974; System of Records

AGENCY: Department of the Army, DoD.

ACTION: Notice to Amend a System of Records.

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SUMMARY: The Department of the Army is amending a system of records 
notice in its existing inventory of record 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 
October 31, 2008 unless comments are received which result in a 
contrary determination.

ADDRESSES: Department of the Army, Freedom of Information/ Privacy 
Division, U.S. Army Records Management and Declassification Agency, 
7701 Telegraph Road, Casey Building, Suite 144, Alexandria, VA 22325-
3905.

FOR FURTHER INFORMATION CONTACT: Ms. Vicki Short at (703) 428-6508.

SUPPLEMENTARY INFORMATION: The Department of the Army 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 specific changes to the record system being amended are set 
forth below followed by the notice, as amended, published in its 
entirety. The proposed amendments are not within the purview of 
subsection (r) of the Privacy Act of 1974 (5 U.S.C. 552a), as amended, 
which requires the submission of a new or altered system report.

    Dated: September 23, 2008.
Patricia L. Toppings,
OSD Federal Register Liaison Officer, Department of Defense.
A0027-60b DAJA

System name:
    Patent, Copyright, and Data License Proffers, Infringement Claims, 
and Litigation Files (February 15, 2002, 67 FR 7140).

Changes:
* * * * *

System location:
    Delete entry and replace with ``Office of the Judge Advocate 
General, Department of the Army, Intellectual Property Office, 
Regulatory Law and Intellectual Property Division, 901 North Stuart 
Street, Arlington, VA 22203-1837.
    Segments of this system may exist at the Office, Chief of 
Engineers, Headquarters, U.S. Army Materiel Command, and/or its major 
subordinate field commands.''
* * * * *
A0027-60b DAJA

System name:
    Patent, Copyright, and Data License Proffers, Infringement Claims, 
and Litigation Files.

System location:
    Office of the Judge Advocate General, Department of the Army, 
Intellectual Property Office, Regulatory Law and Intellectual Property 
Division, 901 North Stuart Street, Arlington, VA 22203-1837.
    Segments of this system may exist at the Office, Chief of 
Engineers, Headquarters, U.S. Army Materiel Command, and/or its major 
subordinate field commands.

Categories of individuals covered by the system:
    Claimants or defendants in administrative proceedings or litigation 
with the government for improper use, infringement, enforcement of 
agreements, or comparable claims concerning patents or copyrights; 
individuals having copyrights in material in which the Department of 
the Army is interested; individuals who own patents which they offer to 
license to Department of the Army; individuals seeking private relief 
before the Congress because of right in inventions, patents, 
copyrights, or data licenses.

[[Page 57085]]

Categories of records in the system:
    Documents relating to the administrative assertion of claims by and 
against the government and to litigation with the government for 
alleged misuse of patents, copyrights, trademarks, and data, including 
inquiries, investigations, settlements, communications with claimants 
or defendants, and related correspondence; documents relating to advice 
and assistance provided in obtaining licenses for Department of the 
Army use of copyright material; documents relating to the investigation 
and disposition of patent license offers; documents relating to 
investigations in connection with processing proposed legislation or 
bills for private relief of individuals because of rights of 
individuals in inventions, patents, copyrights, or data, including 
reports of investigations, comments or recommendations, and related 
correspondence.

Authority for maintenance of the system:
    10 U.S.C. 3013, Secretary of the Army; 17 U.S.C., Copyrights; 15 
U.S.C. Chapter 22, Trademarks; 15 U.S.C. Chapter 63, Technology 
Innovation; Army Regulation, 27-40, Litigation; Army Regulation 27-60, 
Intellectual Property; Army Regulation 70-57, Military-Civilian 
Technology Transfer; DA PAM 27-11, Army Patents; and E.O. 9397 (SSN).

Purpose(s):
    To maintain evidence and record of claims and litigation involving 
Department of the Army concerning patents, trademarks, copyrights, and 
data; to maintain evidence and record of Department of the Army 
attempts to use copyrighted material and to receive the copyright 
owner's permission for such use; to maintain record and evidence of 
patent license offers received and investigations and reports pursuant 
thereto; and to maintain record and evidence of investigations of 
proposed legislation or bills for private relief.

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 non-DoD government agencies involved in claims or litigation to 
determine the validity of allegations for the purposes of properly 
prosecuting or defending the case.
    To Department of the Justice Civil Division to determine the 
validity of allegations for proper prosecution or defense of 
allegations in claims or litigation.
    To Congress to receive reports for the purpose of determining the 
Department of the Army's position on particular bills for private 
relief.
    To law students to permit them to provide legal support for the 
purposes of participating in a volunteer legal support program approved 
by the Judge Advocate General of the Army.
    The DoD `Blanket Routine Uses' set forth at the beginning of the 
Army's compilation of systems of records notices also apply to this 
system.

Policies and practices for storing, retrieving, accessing, retaining, 
and disposing of records in the system:
Storage:
    Paper records in file folders and on electronic storage media.

Retrievability:
    By individual's surname and/or case number.

Safeguards:
    Records are maintained in buildings which employ security guards 
and are accessed only by authorized personnel having official need-to-
know. Automated segments are protected by controlled system passwords 
governing access to data.

Retention and disposal:
    Infringement allegations, patent license proffers, patent 
infringement and administrative litigations, data licensing and 
litigation, copyright infringement and litigation claims are destroyed 
after 30 years. Request for greater rights, royalty records and 
intellectual property private litigations are destroyed after 20 years; 
government asserted claims are destroyed after 25 years, infringement 
legislative claims are destroyed after 35 years; proffer and 
infringement claims dockets are maintained in current file area then 
destroyed after 40 years.

System manager(s) and address:
    The Judge Advocate General, Headquarters, Department of the Army, 
1777 North Kent Street, Arlington, VA 22209-2194.

Notification procedure:
    Individuals seeking to determine whether information about 
themselves is contained in this system should address written inquiries 
to the Judge Advocate General, Headquarters, Department of the Army, 
1777 North Kent Street, Arlington, VA 22209-2194.
    Individual should provide full name, current address and telephone 
number, case number that appeared on documentation, any other 
information that will assist in locating pertinent records, and 
signature.

Record access procedures:
    Individuals seeking access to information about themselves 
contained in this system should address written inquiries to the Judge 
Advocate General, Headquarters, Department of the Army, 1777 North Kent 
Street, Arlington, VA 22209-2194.
    Individual should provide full name, current address and telephone 
number, case number that appeared on documentation, any other 
information that will assist in locating pertinent records, and 
signature.

Contesting record procedures:
    The Army's rules for accessing records, and for contesting contents 
and appealing initial agency determinations are contained in Army 
Regulation 340-21; 32 CFR part 505; or may be obtained from the system 
manager.

Record source categories:
    From the individual, the Army organizational element interested in 
the copyrighted material or offered license, employment records, 
pertinent government patent files, Department of Justice and/or the 
government agencies involved in the claims or litigation.

Exemptions claimed for the system:
    None.

[FR Doc. E8-23019 Filed 9-30-08; 8:45 am]
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