[Federal Register: June 16, 2009 (Volume 74, Number 114)]
[Notices]
[Page 28483-28486]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16jn09-23]
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DEPARTMENT OF DEFENSE
Office of the Secretary
[Docket ID: DOD-2009-OS-0079]
Privacy Act of 1974; System of Records
AGENCY: National Security Agency/Central Security Service, DoD.
ACTION: Notice to alter a System of Records.
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SUMMARY: The National Security Agency/Central Security Service is
proposing to alter an exempt system of records to its existing
inventory of record systems subject to the Privacy Act of 1974, (5
U.S.C. 552a), as amended.
DATES: This proposed action would be effective without further notice
on July 16, 2009 unless comments are received which result in a
contrary determination.
ADDRESSES: Send comments to the National Security Agency/Central
Security Service, Office of Policy, 9800 Savage Road, Suite 6248, Ft.
George G. Meade, MD 20755-6248.
FOR FURTHER INFORMATION CONTACT: Ms. Anne Hill at (301) 688-6527.
SUPPLEMENTARY INFORMATION: The National Security Agency's record system
notices for records systems 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 May 21, 2009, 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: June 4, 2009.
Morgan E. Frazier,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
GNSA 10
System name:
NSA/CSS Personnel Security File (February 22, 1993, 58 FR 10531).
Changes:
* * * * *
Categories of records in the system:
Delete entry and replace with ``Records relevant to access
classified information, assignment and reassignment, foreign official
and unofficial travel, access to NSA/CSS spaces or facilities, access
to NSA's Intranet, and other personnel actions where security
represents a relevant and valid element of the determination. Records
may consist of name, Social Security Number (SSN), home address, home
phone number, security file number, statement of personal history,
photograph, fingerprint data, agreements with respect to specific
security processing procedures, security processing forms and records,
investigative and polygraph reports, appeal records, incident and
complaint reports, unsolicited information when relevant, reports by
domestic law enforcement agencies when relevant, clearance data, access
authorization, foreign travel data, security secrecy agreements and
financial data''.
Authority for maintenance of system:
Delete entry and replace with ``50 U.S.C. Sections 831-835,
Personnel Security Procedures in the National Security Agency; E.O.
10450, as amended, Security Requirements for Government Employment;
E.O. 10865, as amended, Safeguarding Classified Information Within
Industry, E.O. 12968, Access to Classified Information; and E.O. 9397
(SSN)''.
Purpose(s):
Delete entry and replace with ``The records are used for the
purpose of determining suitability, eligibility, or qualification for
civil employment, Federal contracts, or access to classified
information and/or NSA/CSS spaces and facilities; to determine access
to NSA's Intranet, to determine and ensure continued eligibility for
access to classified information; to record adjudicative actions and
determinations; to record processing steps taken; to document due
process actions taken; to make determinations on official and
unofficial foreign travel; to make determinations on assignment and
reassignment and other actions where security represents a relevant and
valid element of the determination''.
Routine use of the records maintained in the system, including
categories of users and the purpose of such uses:
Delete entry and replace with ``In addition to those disclosures
generally permitted under 5 U.S.C. 552a(b) of the Privacy Act of 1974,
these records 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 agencies outside DoD, to include but not limited to other
clearance holder agencies or agencies charged with making clearance
determinations, government agencies involved with national security or
clearance investigations, other government agencies and private
contractors requiring clearance status information and authorized to
receive same; the Director National Intelligence (DNI) and his General
Counsel in the event of litigation or anticipated litigation with
respect to unauthorized disclosures of classified intelligence or
intelligence sources and methods and related court actions; judicial
branch elements pursuant to specific court orders or litigation.
In addition, other government agencies or private contractors may
be informed of information developed by NSA which bears on assignee's
or affiliate's status at NSA with regard to security considerations.
To local law enforcement (county and State) and other Federal,
State, or local agencies or departments for hiring purposes.
To any entity or individual under contract with NSA/CSS for the
purpose of providing security-related services.
To any party, council, representative, and/or witness in any legal
proceeding, where pertinent, to which DoD is a party before a court or
administrative body (including, but not limited to, the
[[Page 28484]]
Equal Employment Opportunity Commission and Merit System Protection
Board).
The DoD `Blanket Routine Uses' set forth at the beginning of the
NSA/CSS' 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:
Delete entry and replace with ``Paper in file folders and
electronic storage media''.
Retrievability:
Delete entry and replace with ``By name, Social Security Number
(SSN), or unique Security File Number''.
Safeguards:
Delete entry and replace with ``Buildings are secured by a series
of guarded pedestrian gates and checkpoints. Access to facilities is
limited to security-cleared personnel and escorted visitors only.
Within the facilities themselves, access to paper and computer
printouts are controlled by limited-access facilities and lockable
containers. Access to electronic means is limited and controlled by
computer password protection''.
Retention and disposal:
Delete entry and replace with ``Records containing no derogatory
information are reviewed for retention 10 years after date of last
action then destroyed; records containing derogatory information are
reviewed for retention 25 years after last action then destroyed.
Records are destroyed by pulping, burning, shredding, or erasure or
destruction of magnet media''.
System manager(s) and address:
Delete entry and replace with ``The Associate Director for Security
and Counterintelligence, National Security Agency/Central Security
Service, Ft. George G. Meade, MD 20755-6000''.
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 National Security Agency/Central
Security Service, Freedom of Information Act/Privacy Act Office, 9800
Savage Road, Suite 6248, Ft. George G. Meade, MD 20755-6248.
Written inquiries should contain the individual's full name, Social
Security Number (SSN) and mailing address''.
Record access procedures:
Delete entry and replace with ``Individuals seeking access to
information about themselves contained in this system should address
written inquiries to the National Security Agency/Central Security
Service, Freedom of Information Act/Privacy Act Office, 9800 Savage
Road, Suite 6248, Ft. George G. Meade, MD 20755-6248.
Written inquiries should contain the individual's full name, Social
Security Number (SSN) and mailing address''.
Contesting record procedures:
Delete entry and replace with ``The NSA/CSS rules for contesting
contents and appealing initial determinations are published at 32 CFR
part 322 or may be obtained by written request addressed to the
National Security Agency/Central Security Service, Freedom of
Information Act/Privacy Act Office, 9800 Savage Road, Suite 6248, Ft.
George G. Meade, MD 20755-6248''.
Record source categories:
Delete entry and replace with ``Data provided by individual during
employment and security processing; data provided by investigative
service processing individual's background; data provided by
references, educational institutions and other sources named by
individual or developed during background investigation; unsolicited
data from any source where relevant; data provided by the Office of
Personnel Management and other agencies, departments, and governmental
elements involved in the conduct of National Agency checks and Local
Agency checks; the Federal Bureau of Investigation; data developed by
appropriate governmental elements in the course of a national security
investigation or investigation into alleged violations of criminal
statutes related to unauthorized disclosure of intelligence or
protection of intelligence sources and methods; documents furnished by
agency element sponsoring individual for access to specific classified
information''.
* * * * *
GNSA 10
System name:
NSA/CSS Personnel Security File.
System location:
National Security Agency/Central Security Service, 9800 Savage
Road, Ft. George G. Meade, MD 20755-6000.
Categories of individuals covered by the system:
Applicants for employment with NSA/CSS; civilian employees;
personnel under contract; military assignees; members of advisory
groups; consultants; experts; other military personnel; Federal
employees; employees of contractors, and employees of services; other
individuals who require access to NSA/CSS facilities or information and
individuals who were formerly affiliated with NSA/CSS.
Categories of records in the system:
Records relevant to access classified information, assignment and
reassignment, foreign official and unofficial travel, access to NSA/CSS
spaces or facilities, access to NSA's Intranet, and other personnel
actions where security represents a relevant and valid element of the
determination. Records may consist of name, social security number,
home address, home phone number, security file number, statement of
personal history, photograph, fingerprint data, agreements with respect
to specific security processing procedures, security processing forms
and records, investigative and polygraph reports, appeal records,
incident and complaint reports, unsolicited information when relevant,
reports by domestic law enforcement agencies when relevant, clearance
data, access authorization, foreign travel data, security secrecy
agreements, and financial data.
Authority for maintenance of the system:
50 U.S.C. Sections 831-835, Personnel Security Procedures in the
National Security Agency; E.O.10450, as amended, Security Requirements
for Government Employment; E.O.10865, as amended, Safeguarding
Classified Information Within Industry; E.O.12968, Access to Classified
Information; and E.O 9397 (SSN).
Purpose(s):
The records are used for the purpose of determining suitability,
eligibility, or qualification for civil employment, Federal contracts,
or access to classified information and/or NSA/CSS spaces and
facilities; to determine access to NSA's Intranet, to determine and
ensure continued eligibility for access to classified information; to
record adjudicative actions and determinations; to record processing
steps taken; to document due process actions taken; to make
determinations on official and unofficial foreign travel; to make
determinations on assignment and reassignment and other actions where
security represents a relevant and valid element of the determination.
[[Page 28485]]
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 agencies outside DoD, to include but not limited to other
clearance holder agencies or agencies charged with making clearance
determinations, government agencies involved with national security or
clearance investigations, other government agencies and private
contractors requiring clearance status information and authorized to
receive same; the Director of National Intelligence and his General
Counsel in the event of litigation or anticipated litigation with
respect to unauthorized disclosures of classified intelligence or
intelligence sources and methods and related court actions; judicial
branch elements pursuant to specific court orders or litigation.
In addition, other government agencies or private contractors may
be informed of information developed by NSA which bears on an
assignee's or affiliate's status at NSA with regard to security
considerations.
To local law enforcement (county and State) and other Federal,
State, or local agencies or departments for hiring purposes.
To any entity or individual under contract with NSA/CSS for the
purpose of providing security-related services.
To any party, counsel, representative, and/or witness in any legal
proceeding, where pertinent, to which DoD is a party before a court or
administrative body (including, but not limited to, the Equal
Employment Opportunity Commission and Merit Systems Protection Board).
The DoD ``Blanket Routine Uses'' set forth at the beginning of the
NSA/CSS' 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:
By name, Social Security Number (SNN), or unique Security File
number.
Safeguards:
Buildings are secured by a series of guarded pedestrian gates and
checkpoints. Access to facilities is limited to security-cleared
personnel and escorted visitors only. Within the facilities themselves,
access to paper and computer printouts is controlled by limited-access
facilities and lockable containers. Access to electronic means is
limited and controlled by computer password protection.
Retention and disposal:
Records containing no derogatory information are reviewed for
retention 10 years after date of last action then destroyed; records
containing derogatory information are reviewed for retention 25 years
after last action then destroyed.
Records are destroyed by pulping, burning, shredding, or erasure or
destruction of magnet media.
System manager(s) and address:
The Associate Director for Security and Counterintelligence,
National Security Agency/Central Security Service, Ft. George G. Meade,
MD 20755-6000.
Notification procedure:
Individuals seeking to determine whether information about
themselves is contained in this system should address written inquiries
to the National Security Agency/Central Security Service, Freedom of
Information Act/Privacy Act Office, 9800 Savage Road, Suite 6248, Ft.
George G. Meade, MD 20755-6248.
Written inquiries should contain the individual's full name, Social
Security Number (SSN) and mailing address.
Record access procedures:
Individuals seeking access to information about themselves
contained in this system should address written inquiries to the
National Security Agency/Central Security Service, Freedom of
Information Act/Privacy Act Office, 9800 Savage Road, Suite 6248, Ft.
George G. Meade, MD 20755-6248.
Written inquiries should contain the individual's full name, Social
Security Number (SSN) and mailing address.
Contesting record procedures:
The NSA/CSS rules for contesting contents and appealing initial
determinations are published at 32 CFR part 322 or may be obtained by
written request addressed to the National Security Agency/Central
Security Service, Freedom of Information Act/Privacy Act Office, 9800
Savage Road, Suite 6248, Ft. George G. Meade, MD 20755-6248.
Record source categories:
Data provided by individual during employment and security
processing; data provided by investigative service processing
individual's background; data provided by references, educational
institutions and other sources named by individual or developed during
background investigation; unsolicited data from any source where
relevant; data provided by the Office of Personnel Management and other
agencies, departments, and governmental elements involved in the
conduct of National Agency checks and Local Agency checks; the Federal
Bureau of Investigation; data developed by appropriate governmental
elements in the course of a national security investigation or
investigation into alleged violations of criminal statutes related to
unauthorized disclosure of intelligence or protection of intelligence
sources and methods; documents furnished by agency element sponsoring
individual for access to specific classified information.
Exemptions claimed for the system:
Individual records in this file may be exempt pursuant to 5 U.S.C.
552a (k)(2), (k)(5), and (k)(6), as applicable.
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 such 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.
[[Page 28486]]
An exemption rule for this record system has been promulgated
according to the requirements of 5 U.S.C. 553(b)(1), (2), and (3), (c)
and (e) and published in 32 CFR part 322. For additional information
contact the system manager.
[FR Doc. E9-14097 Filed 6-15-09; 8:45 am]
BILLING CODE 5001-06-P