[Federal Register Volume 75, Number 198 (Thursday, October 14, 2010)]
[Notices]
[Pages 63161-63165]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-25871]
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DEPARTMENT OF DEFENSE
Office of the Secretary
[Docket ID DOD-2010-OS-0143]
Privacy Act of 1974; System of Records
AGENCY: Department of Defense (DoD).
ACTION: Notice to alter a system of records.
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SUMMARY: The Office of the Secretary of Defense proposes to alter a
system of records in its 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 November 15, 2010, unless comments are received which result in a
contrary determination.
ADDRESSES: You may submit comments, identified by docket number and
title, by any of the following methods:
Federal Rulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
Mail: Federal Docket Management System Office, Room 3C843
Pentagon, 1160 Defense Pentagon, Washington, DC 20301-1160.
Instructions: All submissions received must include the agency name
and
[[Page 63162]]
docket number for this Federal Register document. The general policy
for comments and other submissions from members of the public is to
make these submissions available for public viewing on the Internet at
http://www.regulations.gov as they are received without change,
including any personal identifiers or contact information.
FOR FURTHER INFORMATION CONTACT: Ms. Cindy Allard at (703) 588-6830.
SUPPLEMENTARY INFORMATION: The Office of the Secretary of Defense
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 Chief, OSD/JS Privacy Office, Freedom of
Information Directorate, Washington Headquarters Services, 1155 Defense
Pentagon, Washington DC 20301-1155.
The proposed system report, as required by 5 U.S.C. 552a(r) of the
Privacy Act of 1974, as amended, was submitted on October 1, 2010, to
the House Committee on Oversight and Government Reform, the Senate
Committee on 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: October 8, 2010.
Mitchell S. Bryman,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
V5-05
System name:
Joint Personnel Adjudication System (JPAS) (July 1, 2005; 70 FR
38120).
Changes:
System identifier:
Delete entry and replace with ``DMDC 12 DoD''.
* * * * *
System location:
Delete entry and replace with ``Defense Manpower Data Center, DoD
Center Monterey Bay, 400 Gigling Road, Seaside, CA 93955-6771.''
* * * * *
Categories of records in the system:
Delete entry and replace with ``Complete investigation packages and
documenting records conducted by Federal investigative organizations
(e.g., U.S. Office of Personnel Management (OPM), Central Intelligence
Agency, NASA, etc.) and locator references to such investigations.
Records documenting the personnel security adjudicative and management
process, to include an individual's Social Security Number (SSN); name
(both current, former and alternate names); date of birth; place 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:
Delete entry and replace with ``50 U.S.C. 401, Congressional
declaration of purpose; 50 U.S.C. 435, Purposes; DoD 5200.2R,
Department of Defense Personnel Security Program Regulation; DoD
5105.21-M-1, Sensitive Compartment Information Administrative Security
Manual; 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; E.O. 12968, Access to Classified
Information; and E.O. 9397 (SSN), as amended.''
Purpose(s):
Delete entry and replace with ``The Joint Personnel Adjudication
System (JPAS) is an enterprise automated system for personnel security
management, providing a common, comprehensive medium to record and
document personnel security actions within the Department, including
granting interim clearances and submitting investigations.
Decentralized access is authorized at the nine central adjudication
facilities and DoD Component security offices. 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:
Delete entry and replace with ``In addition to disclosures
generally permitted under 5 U.S.C. 552a(b) of the Privacy Act of 1974,
these records may specifically be disclosed outside the DoD as follows:
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 Service for use in alien
admission and naturalization inquiries.
To the Office of the Director of National Intelligence, 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 the
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; and any other related Federal agencies for the
purpose of determining access to National Security Information (NSI)
pursuant to E.O. 12968, Access to Classified Information.
To authorized industry users for the purpose of verifying
eligibility and determining access to National Security Information
(NSI) of their employees.
The DoD `Blanket Routine Uses' set forth at the beginning of the
Office of the Secretary of Defense 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:
Delete entry and replace with ``Electronic storage media.''
* * * * *
Safeguards:
Delete entry and replace with ``Electronically and optically stored
records are maintained in fail-safe system software with password-
protected access. Records are accessible 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, access to JPAS is based on a user's specific
[[Page 63163]]
functions, security eligibility and access level.''
Retention and disposal:
Delete entry and replace with ``Disposition pending. Until the
National Archives and Records Administration has approved the
disposition, treat records as permanent.''
System manager(s) and address:
Delete entry and replace with ``Director, Defense Manpower Data
Center, 1600 Wilson Boulevard, Suite 400, Arlington VA 22209-2593.
Deputy Director, Defense Manpower Data Center, DoD Center Monterey
Bay, 400 Gigling Road, Seaside, CA 93955-6771.''
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 Deputy Director, Defense Manpower Data
Center, DoD Center Monterey Bay, 400 Gigling Road, Seaside, CA 93955-
6771.
Written requests must contain the full name (and any alias and/or
alternate names used), Social Security Number (SSN), and date and place
of birth.''
Records access procedures:
Delete entry and replace with ``Individuals seeking information
about themselves contained in this system should address written
inquiries to the Office of the Secretary of Defense/Joint Staff Freedom
of Information Act Requester Service Center, 1155 Defense Pentagon,
Washington, DC 20301-1155.
Individuals should provide their full name (and any alias and/or
alternate names used), Social Security Number (SSN), 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:
Delete entry and replace with ``The Office of the Secretary of
Defense/Joint Staff rules for accessing records, and for contesting or
appealing agency determinations are published in Office of the
Secretary of Defense Administrative Instruction 81, 32 CFR part 311; or
may be obtained directly from the system manager.''
Records source categories:
Delete entry and replace with ``Information contained in this
system is derived from the appropriate DoD personnel systems;
Consolidated Adjudication Tracking System (CATS); 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:
Delete entry and replace with ``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 311. For additional information
contact the system manager.''
* * * * *
DMDC 12 DoD
System name:
Joint Personnel Adjudication System (JPAS).
System location:
Defense Manpower Data Center, DoD Center Monterey Bay, 400 Gigling
Road, Seaside, CA 93955-6771.
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:
Complete investigation packages and documenting records conducted
by Federal investigative organizations (e.g., U.S. Office of Personnel
Management (OPM), Central Intelligence Agency, NASA, etc.) and locator
references to such investigations. Records documenting the personnel
security adjudicative and management process, to include an
individual's Social Security Number (SSN); name (both, current, former
and alternate names); date of birth; place 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:
50 U.S.C. 401, Congressional declaration of purpose; 50 U.S.C. 435,
Purposes; DoD 5200.2R, Department of Defense Personnel Security Program
Regulation; DoD 5105.21-M-1, Sensitive Compartment Information
Administrative Security Manual; 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
[[Page 63164]]
Program; and E.O. 12968, Access to Classified Information; and E.O.
9397 (SSN), as amended.
Purpose(s):
The Joint Personnel Adjudication System (JPAS) is an enterprise
automated system for personnel security management, providing a common,
comprehensive medium to record and document personnel security actions
within the Department, including granting interim clearances and
submitting investigations. Decentralized access is authorized at the
nine central adjudication facilities and DoD Component security
offices. 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 of 1974, these records may specifically be
disclosed outside the DoD as follows:
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 Office of the Director of National Intelligence, 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, Access to Classified Information.
To authorized industry users for the purpose of verifying
eligibility and determining access to National Security Information
(NSI) of their employees.
The DoD ``Blanket Routine Uses'' set forth at the beginning of the
Office of the Secretary of Defense 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:
Electronic storage media.
Retrievability:
Information is retrieved by full name, Social Security Number
(SSN), date of birth, state and/or country of birth.
Safeguards:
Electronically and optically stored records are maintained in
``fail-safe'' system software with password-protected access. Records
are accessible 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,
access to JPAS is based on a user's specific functions, security
eligibility and access level.
Retention and disposal:
Disposition pending. Until the National Archives and Records
Administration has approved the disposition, treat records as
permanent.
System manager(s) and address:
Director, Defense Manpower Data Center, 1600 Wilson Boulevard,
Suite 400, Arlington VA 22209-2593.
Deputy Director, Defense Manpower Data Center, DoD Center Monterey
Bay, 400 Gigling Road, Seaside, CA 93955-6771.
Notification procedure:
Individuals seeking to determine whether information about
themselves is contained in this system should address written inquiries
to the Deputy Director, Defense Manpower Data Center, DoD Center
Monterey Bay, 400 Gigling Road, Seaside, CA 93955-6771.
Written requests must contain the full name (and any alias and/or
alternate names used), Social Security Number (SSN), and date and place
of birth.
Records access procedures:
Individuals seeking information about themselves contained in this
system should address written inquiries to the Office of the Secretary
of Defense/Joint Staff Freedom of Information Act Requester Service
Center, 1155 Defense Pentagon, Washington, DC 20301-1155.
Individuals should provide their full name (and any alias and/or
alternate names used), Social Security Number (SSN), 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 Office of the Secretary of Defense/Joint Staff rules for
accessing records, and for contesting or appealing agency
determinations are published in Office of the Secretary of Defense
Administrative Instruction 81, 32 CFR part 311; or may be obtained
directly from the system manager.
Records source categories:
Information contained in this system is derived from the
appropriate DoD personnel systems; Consolidated Adjudication Tracking
System (CATS); 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
[[Page 63165]]
requirements of 5 U.S.C. 553(b)(1), (2), and (3), (c) and (e) and
published in 32 CFR part 311. For additional information contact the
system manager.
[FR Doc. 2010-25871 Filed 10-13-10; 8:45 am]
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