[Federal Register Volume 73, Number 206 (Thursday, October 23, 2008)]
[Notices]
[Pages 63139-63140]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-25274]


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DEPARTMENT OF DEFENSE

Office of the Secretary

[Docket ID: DoD-2008-OS-0129]


Privacy Act of 1974; System of Records

AGENCY: Defense Logistics Agency, DoD.

ACTION: Notice to amend a system of records.

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SUMMARY: The Defense Logistics Agency 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 
November 24, 2008 unless comments are received which result in a 
contrary determination.

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

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 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: October 15, 2008.
Patricia L. Toppings,
OSD Federal Register Liaison Officer, Department of Defense.
S100.60 GC

System Name:
    Claims and Litigation (November 16, 2004, 69 FR 67112).

Changes:
    Change system ID to ``S170.05.''

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

Categories of Records in the System:
    Delete entry and replace with ``Records collected and maintained 
include individual's name, home or

[[Page 63140]]

business address, telephone numbers, details of the claim or 
litigation, and settlement, resolution, or disposition documents.''

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, 
Technology, and Logistics; 10 U.S.C. 2386, Copyrights, patents, 
designs, etc.; acquisition; 28 U.S.C. 514, Legal services on pending 
claims in departments and agencies; 28 U.S.C. 1498, Patents and 
Copyright Cases; 31 U.S.C., Chapter 37, Claims; 35 U.S.C., Chap. 28, 
Infringement of Patent.''

Purpose(s):
    Delete entry and replace with ``To represent DLA in claims and 
litigation.''
* * * * *

Retention and Disposal:
    Delete entry and replace with ``Claim records are destroyed 6 years 
and 3 months after final settlement. Litigation files are destroyed 6 
years after case closing except that patent infringement litigation 
files are destroyed after 26 years and copyright infringement files are 
destroyed after 56 years.''
* * * * *
S170.05

System Name:
    Claims and Litigation Files.

System Location:
    Office of the General Counsel, Headquarters Defense Logistics 
Agency, 8725 John J. Kingman Road, Suite 1644, Fort Belvoir, VA 22060-
6221, and the General Counsel Offices at the Defense Logistics Agency 
Field Activities. Addresses may be obtained from the System Manager.

Categories of Individuals Covered by the System:
    Individuals or entities who have filed claims or litigation against 
the Defense Logistics Agency (DLA) or against whom DLA has initiated 
such actions. The system may also include claims and litigation filed 
against or on behalf of other federal agencies that are serviced by or 
receive legal support from DLA.

Categories of Records in the System:
    Records collected and maintained include individual's name, home or 
business address, telephone numbers, 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, Technology, and Logistics; 10 
U.S.C. 2386, Copyrights, patents, designs, etc.; acquisition; 28 U.S.C. 
514, Legal services on pending claims in departments and agencies; 28 
U.S.C. 1498, Patents and Copyright Cases; 31 U.S.C., Chapter 37, 
Claims; 35 U.S.C., Chap. 28, Infringement of Patent.

Purpose(s):
    To represent DLA in claims and litigation.

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, state, and local agencies authorized to investigate, 
audit, act on, negotiate, adjudicate, represent, or settle claims or 
issues arising from litigation.
    To agencies, entities, or individuals who have or are expected to 
have information concerning the claims or litigation at issue.
    To the Internal Revenue Service for address verification or for 
matters under their jurisdiction.
    To Federal, state, 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 who have an identified interest in 
intellectual property at issue.
    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 on electronic storage media.

Retrievability:
    Records are retrieved by individual's name.

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 non-duty hours.

Retention and disposal:
    Claim records are destroyed 6 years and 3 months after final 
settlement. Litigation files are destroyed 6 years after case closing 
except that patent infringement litigation files are destroyed after 26 
years and copyright infringement files are destroyed after 56 years.

System Manager(s) and Address:
    General Counsel, Headquarters, Defense Logistics Agency, 8725 John 
J. Kingman Road, Suite 1644, Fort Belvoir, VA 22060-6221 and the 
General Counsel at the Defense Logistics Agency Field Activity.

Notification Procedure:
    Individuals seeking to determine whether information about them is 
contained in this system should address written inquiries to the 
Privacy Act Office, Headquarters, Defense Logistics Agency, ATTN: DGA, 
8725 John J. Kingman Road, Suite 1644, Fort Belvoir, VA 22060-6221.
    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 them contained in 
this system should address written inquiries to the Privacy Act Office, 
Headquarters, Defense Logistics Agency, ATTN: DGA, 8725 John J. Kingman 
Road, Suite 1644, Fort Belvoir, VA 22060-6221.
    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.

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

Exemptions claimed for the system:
    None.

[FR Doc. E8-25274 Filed 10-22-08; 8:45 am]
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