Privacy Act of 1974; Systems of Records, 38120-38122 [05-13000]

Agencies

• Defense Security Service
• DEPARTMENT OF DEFENSE

[Federal Register Volume 70, Number 126 (Friday, July 1, 2005)]
[Notices]
[Pages 38120-38122]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-13000]


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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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