[Federal Register: November 12, 2008 (Volume 73, Number 219)]
[Notices]               
[Page 66875-66877]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12no08-65]                         

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

DEPARTMENT OF DEFENSE

Department of the Air Force

[Docket ID: USAF-2008-0029]

 
Privacy Act of 1974; System of Records

AGENCY: Department of the Air Force, DoD.

ACTION: Notice to alter a system of records.

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

SUMMARY: The Department of the Air Force proposes to alter a system of 
records to its inventory of record systems subject to the Privacy Act 
of 1974 (5 U.S.C. 552a), as amended.

DATES: The proposed action will be effective on December 12, 2008 
unless comments are received that would result in a contrary 
determination.

ADDRESSES: Send comments to the Air Force Privacy Act Officer, Office 
of Warfighting Integration and Chief Information Officer, SAF/XCX, 1800 
Air Force Pentagon, Suite 220, Washington, DC 20330-1800.

FOR FURTHER INFORMATION CONTACT: Mr. Kenneth Brodie at (703) 696-7557.

SUPPLEMENTARY INFORMATION: The Department of the Air Force's 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 systems reports, as required by 5 U.S.C. 552a(r) of 
the Privacy Act, were submitted on October 24, 2008, to the House 
Committee on Oversight and Government Reform, the Senate Committee on 
Homeland Security and 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: November 3, 2008.
Morgan E. Frazier,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
F051 AFJA D

System name:
    Patent Infringement and Litigation Records (March 14, 2002, 67 FR 
11467).

Changes:
* * * * *

System location:
    Delete entry and replace with ``Department of the Air Force, 1501 
Wilson Blvd, AFLOA/JACQ, Suite 606, Arlington, VA 22209-2103. 
Department of the Air Force, 2240 B Street, AFMC LO/JAZ, Room 100, 
Wright-Patterson Air Force Base, OH 45433-7902.''

Categories of individuals covered by the system:
    Delete entry and replace with ``Individuals who have alleged 
unlicensed use of their patents, trademarks, or copyrights by the Air 
Force, or who have brought suit against the United States concerning 
patent, trademark, copyright, or other intellectual property matters.''

Categories of records in the system:
    Delete entry and replace with ``All documents necessary to 
adjudicate allegations made by individuals, to include but not limited 
to: individual's name, letters and memoranda; messages; forms; reports; 
contracts; bids; photographs; legal opinions; pleadings; infringement 
studies; validity studies; procurement information; license agreements; 
contract determinations, witness statements, and engineering and 
technical reports.''

Authority for maintenance of the system:
    Delete entry and replace with ``10 U.S.C. 8013, Secretary of the 
Air Force; 10 U.S.C. 8037, Judge Advocate General, Deputy Judge 
Advocate General: Appointment and duties; 10 U.S.C. 2386, Copyrights, 
patents, designs; 15 U.S.C. 1122, Liability of the United States for 
trademark infringement; 22 U.S.C. 2356, Foreign Assistance, 
acquisition; 28 U.S.C. 1491, Claims against the United States; 28 
U.S.C. 1498, Patent and copyright cases; 35 U.S.C. 183, Right to 
compensation for secrecy order matters; [and] Department of Defense FAR 
Supplement Subpart 227.70, Infringement claims, licenses, and 
assignments and E.O. 9397(SSN).''

Purpose(s):
    Delete entry and replace with ``To enable the United States and its 
officers and employees to investigate claims and/or defend the legal 
interests of the United States because of claims for compensation and 
litigation involving patent, trademark copyright, and other 
intellectual property matters.''

Routine uses of records maintained in the system, including categories 
of users and the purposes of such uses:
    After the first paragraph, delete entry and replace with ``To the 
U.S. Patent and Trademark Office to the extent such disclosures are 
necessary for the processing and verification of patent applications.
    To the Department of Justice for the purpose of asserting and 
defending patent infringement action.
    The DoD `Blanket Routine Uses' published at the beginning of the 
Air Force's compilation of systems of records notices apply to this 
system.''
* * * * *

Storage:
    Delete entry and replace with ``Paper records in file folders and 
electronic storage media.''

Retrievability:
    Delete entry and replace with ``Retrieved by name''.

Safeguards:
    Delete entry and replace with ``Records are accessed by authorized 
personnel as necessary to accomplish their official duties. Paper 
records are stored in locked containers and/or secured facilities. 
Computer records have access controls, to include password protection 
and encryption.''

Retention and disposal:
    Delete and replace with ``Retained in office files for up to three 
years after the case is closed, then retired to the Washington National 
Records Center, Washington, DC 20409, for retention up to twenty years. 
Paper records are destroyed by tearing into pieces, shredding, pulping, 
macerating, or burning. Computer records are destroyed by deleting, 
erasing, degaussing, or by overwriting.''

System manager(s) and address:
    Delete entry and replace with ``The Judge Advocate General, 
Headquarters United States Air Force, 1420 Air Force

[[Page 66876]]

Pentagon, Washington, DC 20330-1420, or designee.''

Notification procedure:
    Delete entry and replace with ``Individuals seeking to determine 
whether information about themselves is contained in this system should 
address written inquiries to The Judge Advocate General, Headquarters, 
United States Air Force, 1420 Air Force Pentagon, Washington, DC 20330-
1420.
    Requests should include name and proof of identity, such as 
driver's license or other government issued ID card.''

Record access procedures:
    Delete entry and replace with ``Individuals seeking access to 
information about themselves in this system should address written 
inquiries to The Judge Advocate General, Headquarters United States Air 
Force, 1420 Air Force Pentagon, Washington, DC 20330-1420.
    Requests should include name and proof of identity, such as 
driver's license or other government issued ID card.''

Contesting record procedures:
    Delete entry and replace with ``The Air Force rules for accessing 
records, and for contesting contents and appealing initial agency 
determinations are published in Air Force Instruction 33-332; 32 CFR 
part 806b; or may be obtained from the system manager.''

Record source categories:
    Delete entry and replace with ``Information received from 
individuals, government agencies, court documents, corporations (non-
contractors) and from source documents.''
* * * * *
F051 AFJA D

System name:
    Patent Infringement and Litigation Records.

System location:
    Department of the Air Force, 1501 Wilson Blvd, AFLOA/JACQ, Suite 
606, Arlington, VA 22209-2103.
    Department of the Air Force, 2240 B Street, AFMC LO/JAZ, Room 100, 
Wright-Patterson Air Force Base, OH 45433-7902.

Categories of individuals covered by the system:
    Individuals who have alleged unlicensed use of their patents, 
trademarks, or copyrights by the Air Force, or who have brought suit 
against the United States concerning patent, trademark, copyright, or 
other intellectual property matters.

Categories of records in the system:
    All documents necessary to adjudicate allegations made by 
individuals, to include but not limited to: individual's name, letters 
and memoranda; messages; forms; reports; contracts; bids; photographs; 
legal opinions; pleadings; infringement studies; validity studies; 
procurement information; license agreements; contract determinations, 
witness statements, and engineering and technical reports.

Authority for maintenance of the system:
    10 U.S.C. 8013, Secretary of the Air Force; 10 U.S.C. 8037, Judge 
Advocate General, Deputy Judge Advocate General: Appointment and 
duties; 10 U.S.C. 2386, Copyrights, patents, designs; 15 U.S.C. 1122, 
Liability of the United States for trademark infringement; 22 U.S.C. 
2356, Foreign Assistance, acquisition; 28 U.S.C. 1491, Claims against 
the United States; 28 U.S.C. 1498, Patent and copyright cases; 35 
U.S.C. 183, Right to compensation for secrecy order matters; [and] 
Department of Defense FAR Supplement Subpart 227.70, Infringement 
claims, licenses, and assignments and E.O. 9397 (SSN).

Purpose(s):
    To enable the United States and its officers and employees to 
investigate claims and/or defend the legal interests of the United 
States because of claims for compensation and litigation involving 
patent, trademark copyright, and other intellectual property matters.

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 the U.S. Patent and Trademark Office to the extent such 
disclosures are necessary for the processing and verification of patent 
applications.
    To the Department of Justice for the purpose of asserting and 
defending patent infringement action.
    The DoD `Blanket Routine Uses' published at the beginning of the 
Air Force'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:
    Paper records in file folders and electronic storage media.

Retrievability:
    Retrieved by name.

Safeguards:
    Records are accessed by authorized personnel as necessary to 
accomplish their official duties. Paper records are stored in locked 
containers and/or secured facilities. Computer records have access 
controls, to include password protection and encryption.

Retention and disposal:
    Retained in office files for up to three years after the case is 
closed, then retired to the Washington National Records Center, 
Washington, DC 20409, for retention up to twenty years. Paper records 
are destroyed by tearing into pieces, shredding, pulping, macerating, 
or burning. Computer records are destroyed by deleting, erasing, 
degaussing, or by overwriting.

System manager(s) and address:
    The Judge Advocate General, Headquarters United States Air Force, 
1420 Air Force Pentagon, Washington, DC 20330-1420, or designee.

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, United States Air Force, 
1420 Air Force Pentagon, Washington, DC 20330-1420.
    Requests should include name and proof of identity, such as 
driver's license or other government issued ID card.

Record access procedures:
    Individuals seeking access to information about themselves in this 
system should address written inquiries to The Judge Advocate General, 
Headquarters United States Air Force, 1420 Air Force Pentagon, 
Washington, DC 20330-1420.
    Requests should include name and proof of identity, such as 
driver's license or other government issued ID card.

Contesting record procedures:
    The Air Force rules for accessing records, and for contesting 
contents and appealing initial agency determinations are published in 
Air Force Instruction 33-332; 32 CFR part 806b; or may be obtained from 
the system manager.

[[Page 66877]]

Record source categories:
    Information received from individuals, government agencies, court 
documents, corporations (non-contractors) and from source documents.

Exemptions claimed for the system:
    None.

 [FR Doc. E8-26774 Filed 11-10-08; 8:45 am]

BILLING CODE 5001-06-P