[Federal Register: July 1, 2005 (Volume 70, Number 126)]
[Notices]
[Page 38120-38122]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01jy05-69]
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DEPARTMENT OF DEFENSE
Defense Security Service
Privacy Act of 1974; Systems of Records
AGENCY: Defense Security Service.
ACTION: Notice to alter a system of records; Joint Personnel
Adjudication System (JPAS)
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SUMMARY: The Defense Security Service (DSS) is proposing to alter an
existing exempt system of records. The system of records (F031 DOD A,
entitled Joint Personnel Adjudication System (JPAS)) is being
transferred from the Department of the Air Force's inventory to the DSS
inventory of systems of records, and is being altered to expand the
category of records covered and to expand an existing routine use to
permit release to the Department of Homeland Security for purposes of
determining access to National Security information pursuant to
Executive Order 12968.
DATES: This action will be effective without further notice on August
1, 2005, unless comments are received that would result in a contrary
determination.
ADDRESSES: Defense Security Service, Chief Information Officer/Chief
Operating Officer, 1340 Braddock Place, Alexandria, VA 22314-1651.
FOR FURTHER INFORMATION CONTACT: Mr. Leslie R. Blake at (703) 325-9450.
SUPPLEMENTARY INFORMATION: The Defense Security Service 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. 552a(r) of the
Privacy Act of 1974, as amended, was submitted on June 16, 2005, to the
House Committee on 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: June 23, 2005.
Jeannette Owings-Ballard,
OSD Federal Register Liaison Officer, Department of Defense.
F031 DOD A
System name:
Joint Personnel Adjudication System (JPAS)(November 29, 2002, 67 FR
71152).
Changes:
System identifier:
Delete entry and replace with `V5-05'.
* * * * *
System location:
Delete Primary location and replace with `Defense Security Service,
1340 Braddock Place, Alexandria, VA 22314-1651'.
Under secondary locations add as the first paragraph `Department of
the Air Force, Air Force Central Adjudication Facility, 229 Brookley
Avenue, Bolling Air Force Base, Washington, DC 20332-7040'.
Delete last sentence and replace with: `A record of all registered
locations is available from the Defense Security Service, 1340 Braddock
Place, Alexandria, VA 22314-1651'.
* * * * *
Categories of records in the system:
Add as the first sentence `Records documenting investigations
conducted by DoD investigative organizations, U.S. Office of Personnel
Management (OPM), and locator references to such investigations;'.
Delete the entry `exceptions (if the eligibility determination was
based on a condition,' and replace with `whether eligibility
determination was based on a condition,'.
Authority for maintenance of the system:
Delete `10 U.S.C. 8013, Secretary of the Air Force'.
Add as the sixth authority `DoD 5105.42, Defense Security Service
(32 CFR part 156)'.
* * * * *
Routine uses of records maintained in the system including
categories of users and the purposes of such uses:
In the second paragraph, delete `Immigration and Naturalization
Service' and replace with `U.S. Citizenship and Immigration Services'.
In the fourth paragraph, delete `Bureau of Alcohol, Tobacco and
Firearms' and replace with `Bureau of Alcohol, Tobacco, Firearms and
Explosives'.
In the fourth paragraph, delete `U.S. Customs Service' and replace
with `U.S. Customs and Border Protection'.
In the fourth paragraph, add `Department of Homeland Security'.
* * * * *
System manager(s) and address:
Delete entry and replace with `Chief Information Officer/Chief
Operating Officer, Defense Security Service, 1340 Braddock Place,
Alexandria, VA 22314-1651'.
Notification procedure:
Delete the Department of Air Force address and replace with
`Defense Security Service, Office of Freedom of Information and
Privacy, 1340 Braddock Place, Alexandria, VA 22314-1651'.
Records access procedures:
In first paragraph delete the Department of Air Force address and
replace with `Defense Security Service, Privacy Act Branch, 938
Elkridge Landing Road, Linthicum, Maryland 21090.'
Add a new seventh paragraph `Because JPAS is a ``joint'' DoD
system, it may be necessary to refer specific data to the DoD Component
where it originated for a release determination'.
Contesting records procedures:
Delete entry and replace with The Defense Security Service rules
for accessing records, and for contesting or appealing agency
determinations are published in Defense Security Service Instruction 32
CFR part 321; or may be obtained directly from the DSS Office of
Freedom of Information and Privacy.
* * * * *
Exemptions claimed for the system:
Delete 32 CFR part 806b and replace with ``32 CFR part 321.13(h)''.
* * * * *
V5-05
System name:
Joint Personnel Adjudication System (JPAS).
[[Page 38121]]
System location:
Primary location: Defense Security Service, 1340 Braddock Place,
Alexandria, VA 22314-1651.
Secondary locations: The Department of Defense nine central
adjudication facilities are located as follows:
Department of the Air Force, Air Force Central Adjudication
Facility, 229 Brookley Avenue, Bolling Air Force Base, Washington, DC
20332-7040;
Department of the Army, Central Personnel Security Clearance
Facility, Fort George G. Meade, MD 20755-5250;
Department of the Navy, Naval Criminal Investigative Service,
Central Adjudication Facility, 716 Sicard Street, SE, Washington Navy
Yard, DC 20388-5329;
Office of the Secretary of Defense, Washington Headquarters
Service, Consolidated Adjudication Facility, 1777 North Kent Street,
Suite 12047, Arlington, VA 22209-2164;
Defense Intelligence Agency, 3100 Clarendon Boulevard, Arlington,
VA 22201-5320;
Defense Office of Hearing Appeals, 4015 Wilson Boulevard,
Arlington, VA 22203-0656;
National Security Agency, Fort George G. Meade, MD 20755-6000;
Joint Chiefs of Staff, Directorate for Information Management,
Joint Staff Security Office, 9300 Joint Staff, Room 1B738, Washington,
DC, 20301-9300; and
Defense Security Service, Defense Industrial Security Office, 2780
Airport Drive, Suite 400, Columbus, OH 43219-2268.
Security offices of all DoD activities, to include those located in
the continental United States (CONUS); overseas military locations and
units deployed on DoD missions; all centralized and non-centralized DoD
special security offices, and appropriately cleared DoD contractor
facilities. Additionally, duplicate portions of records are contained
in DoD automated personnel information systems, and the Defense Central
Index of Investigations (DCII). A record of all registered locations is
available from the Defense Security Service, 1340 Braddock Place,
Alexandria, VA 22314-1651.
Categories of individuals covered by the system:
All Department of Defense active and reserve military personnel;
civilian employees and applicants; DoD contractor employees and
applicants; National Guard personnel; U.S. Coast Guard military and
civilian personnel and applicants requiring access to National Security
and/or Sensitive Compartmented Information; ``affiliated'' personnel
(such as Non-Appropriated Fund employees, Red Cross volunteers and
staff; USO personnel, and congressional staff members); and foreign
nationals whose duties require access to National Security Information
(NSI) and/or assignment to a sensitive position.
Categories of records in the system:
Records documenting investigations conducted by DoD investigative
organizations, U.S. Office of Personnel Management (OPM), and locator
references to such investigations; Records documenting the personnel
security adjudicative and management process, to include an
individual's Social Security Number; name (both, current, former and
alternate names); date of birth; state of birth; country of
citizenship; type of DoD affiliation; employing activity; current
employment status; position sensitivity; personnel security
investigative basis; status of current adjudicative action; security
clearance eligibility and access status; whether eligibility
determination was based on a condition, deviation from prescribed
investigative standards or waiver of adjudication guidelines; reports
of security-related incidents, to include issue files; suspension of
eligibility and/or access; denial or revocation of eligibility and/or
access; eligibility recommendations or decisions made by an appellate
authority; non-disclosure execution dates; indoctrination date(s);
level(s) of access granted; debriefing date(s); and reasons for
debriefing.
Authority for maintenance of the system:
5 U.S.C. 301, Departmental Regulations; 50 U.S.C. 401,
Congressional declaration of purpose; 50 U.S.C. 435, Purposes; 36 CFR
part 1234, Electronic Records Management; DoD 5200.2R, Department of
Defense Personnel Security Program Regulation; DoD 5105.42, Defense
Security Service (32 CFR part 156); DoD 5105.21-M-1, Sensitive
Compartment Information Administrative Security Manual; E.O. 9397
(SSN); E.O. 10450, Security Requirements for Government Employment;
E.O. 10865, Safeguarding Classified Information Within Industry; E.O.
12333, United States Intelligence Activities; E.O. 12829, National
Industrial Security Program; and E.O. 12968, Access to Classified
Information.
Purpose(s):
The Joint Personnel Adjudication System (JPAS) is the automated
system used for personnel security management within DoD, providing a
common, comprehensive medium to record and document personnel security
actions within the Department. JPAS also compiles statistical data for
use in analyses and studies.
Routine uses of records maintained in the system including categories
of users and the purposes of such uses:
In addition to 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 follows to:
To the White House to obtain approval of the President of the
United States regarding certain military personnel office actions as
provided for in DoD Instruction 1320.4; ``Military Officer Actions
Requiring Approval of the Secretary of Defense or the President, or
Confirmation by the Senate''.
To the U.S. Citizenship and Immigration Services for use in alien
admission and naturalization inquiries.
To the Federal Bureau of Investigation; the National Aeronautics
and Space Administration; the Central Intelligence Agency; the Office
of Personnel Management; the Department of State, the Department of
Treasury; the Internal Revenue Service; the U.S. Postal Service; the
U.S. Secret Service; the Bureau of Alcohol, Tobacco, Firearms and
Explosives; the U.S. Customs and Border Protection; Department of
Homeland Security; any other related Federal agencies for the purpose
of determining access to National Security information (NSI) pursuant
to E.O. 12968.
The DoD `Blanket Routine Uses' set forth at the beginning of the
Defense Security Service's compilation of systems of records notices
also apply to this system.
Policies and practices for storing, retrieving, accessing,
safeguarding, retaining and disposing of records in the system:
Storage:
Records contained in the system are stored on electronic media
(such as CD-ROM disks, optical digital data disks, computers, and
computer output products).
Retrievability:
Information is retrieved by full name, Social Security Number, date
of birth, state and country of birth.
Safeguards:
Electronically and optically stored records are maintained in
``fail-safe'' system software with password-protected access. Records
are accessible
[[Page 38122]]
only to authorized persons with a valid need-to-know, who are
appropriately screened, investigated and determined eligible for
access. During non-duty hours, alarms systems and/or security or
military police guards secure all locations. Only authorized personnel
with a valid need-to-know are allowed access to JPAS. Additionally,
JPAS users are subject to limitations within the system, based on their
specific functions and security eligibility and access level.
Retention and disposal:
Automated records are actively retained during the entire period an
individual maintains DoD affiliation. When either (1) the affiliation
ends or (2) an applicant is not accepted for DoD affiliation, the
automated records are actively retained for two years. At the end of
the two-year period, the automated record is moved to an electronic
archive with retrieval capability. Destruction of automated records is
by erasure and/or degaussing.
System manager(s) and address:
Chief Information Officer/Chief Operating Officer, Defense Security
Service, 1340 Braddock Place, Alexandria, VA 22314-1651.
Notification procedure:
Individuals seeking to determine whether information about
themselves is contained in this system should address written inquiries
to the Defense Security Service, Office of Freedom of Information and
Privacy, 1340 Braddock Place, Alexandria, VA 22314-1651.
Individuals should provide their full name (and any alias and/or
alternate names used), Social Security Number, and date and place of
birth.
Records access procedures:
Individuals seeking information about themselves contained in this
system should address written inquiries to the Defense Security
Service, Privacy Act Branch, 938 Elkridge Landing Road, Linthicum,
Maryland 21090.
Individuals should provide their full name (and any alias and/or
alternate names used), Social Security Number, and date and place of
birth.
In addition, the requester must provide a notarized statement or an
unsworn declaration made in accordance with 28 U.S.C. 1746, in the
following format:
If executed without 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).''
Attorneys or other persons acting on behalf of an individual must
provide written authorization from that individual for their
representative to act on their behalf.
Because JPAS is a ``joint'' DoD system, it may be necessary to
refer specific data to the DoD Component where it originated for a
release determination
Contesting record procedures:
The Defense Security Service rules for accessing records, and for
contesting or appealing agency determinations are published in Defense
Security Service Instruction 32 CFR part 321; or may be obtained
directly from the DSS Office of Freedom of Information and Privacy.
Records source categories:
Information contained in this system is derived from the
appropriate DOD personnel systems; records maintained by the DOD
adjudicative agencies; and records maintained by security managers,
special security officers, or other officials requesting and/or
sponsoring the security eligibility determination for the individual.
Additional information may be obtained from other sources (such as
personnel security investigations, personal financial records, military
service records, medical records and unsolicited sources.)
Exemptions claimed for the system:
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.
An exemption rule for this system 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 321.13(h). For additional
information contact the system manager.
[FR Doc. 05-13000 Filed 6-30-05; 8:45 am]
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