Privacy Act of 1974; System of Records, 19944-19947 [E9-9907]

Agencies

• Office of the Secretary
• DEPARTMENT OF DEFENSE

[Federal Register Volume 74, Number 82 (Thursday, April 30, 2009)]
[Notices]
[Pages 19944-19947]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-9907]


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DEPARTMENT OF DEFENSE

Office of the Secretary

[Docket ID: DOD-2009-OS-0057]


Privacy Act of 1974; System of Records

AGENCY: Defense Security Service, DoD.

ACTION: Notice to alter a System of Records.

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SUMMARY: The Defense Security Service proposes to alter a system of 
records notice in its inventory of record systems subject to the 
Privacy Act of 1974 (5 U.S.C. 552a), as amended. The alteration changes 
the name and location of the system and adds one additional purpose for 
how the records are used.

DATES: The proposed action will be effective without further notice on 
June 1, 2009 unless comments are received which would result in a 
contrary determination.

ADDRESSES: Send comments to the Privacy Act Officer, Defense Security 
Service, Office of FOIA/PA, 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 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 or online at https://www.dss.mil.
    The proposed system report, as required by 5 U.S.C. 552a (r), of 
the Privacy Act of 1974, as amended, was submitted on April 22, 2009, 
to the House Committee on Oversight and Government Reform, the Senate

[[Page 19945]]

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: April 27, 2009.
Morgan E. Frazier,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
V5-01

SYSTEM NAME:
    Personnel Security Investigative File Automation Subsystem (August 
17, 1999, 64 FR 44704).

CHANGES:
* * * * *

SYSTEM NAME:
    Delete entry and replace with ``Investigative Records Repository.''

SYSTEM LOCATION:
    Delete entry and replace with ``Defense Security Service, P.O. Box 
168, 1137 Branchton Road, Boyers, PA 16020-0168.''
* * * * *

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    Delete entry and replace with ``5 U.S.C. 301, Departmental 
Regulations; 10 U.S.C. 615, Armed Forces, Information furnished to 
selection boards; E.O. 10450, Security Requirements for Government 
Employment; DoD Directive 5105.42, Defense Security Service; DoD 
Directive 5200.2, Department of Defense Personnel Security Program; DoD 
Directive 5200.27 (Sections IV A and B), Acquisition of Information 
Concerning Persons and Organizations not Affiliated with the Department 
of Defense; DoD Directive 5220.6, Defense Industrial Personnel Security 
Clearance Program Review; DoD Directive 5220.28, Application of Special 
Eligibility and Clearance Requirements in the SIOP-ESI Program for 
Contractor Employees, and 18 U.S.C. 3056, Powers and Duties of the 
Secret Service and E.O. 9397 (SSN).''

PURPOSE(S):
    Delete entry and replace with ``To ensure that the acceptance or 
retention of persons in sensitive DoD positions or granting individuals 
including those employed in defense industry access to classified 
information is clearly consistent with national security.
    To determine the loyalty, suitability, eligibility, and general 
trustworthiness of individuals for access to defense information and 
facilities.
    To determine the eligibility and suitability of individuals for 
entry into and retention in the Armed Forces.
    To provide information pertinent to the protection of persons under 
the provisions of 18 U.S.C. 3056, Powers and Duties of the Secret 
Service.
    For use in criminal law enforcement investigations, including 
statutory violations and counterintelligence as well as 
counterespionage and other security matters.
    For use in military boards selecting military members for promotion 
to grades above 0-6.''
* * * * *

SYSTEM MANAGER(S) AND ADDRESS:
    Delete entry and replace with ``Defense Security Service, P.O. Box 
168, 1137 Branchton Road, Boyers, PA 16020-0168.''
* * * * *

NOTIFICATION PROCEDURES:
    Delete entry and replace with ``Individuals seeking to determine 
whether information about themselves is contained in this system should 
send written inquiries to the Defense Security Service, Office of FOIA 
and PA, 1340 Braddock Place, Alexandria, VA 22314-1615.
    A request for this information must contain the full name and 
Social Security Number of the subject individual, along with the 
address where the information is to be returned.''

RECORD ACCESS PROCEDURES:
    Delete entry and replace with ``Individuals seeking access to 
information about themselves contained in this system must send written 
signed inquiries to Defense Security Service, Privacy Act Branch, 938 
Elkridge Landing Road, Linthicum, MD 21090.
    A request for information must contain the full name and Social 
Security Number of the subject individual and address where the records 
are to be returned.''
* * * * *
V5-01

SYSTEM NAME:
    Investigative Records Repository.

SYSTEM LOCATION:
    Defense Security Service, P.O. Box 168, 1137 Branchton Road, 
Boyers, PA 16020-0168.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Military personnel who are active duty; applicants for enlistment 
or appointment; members of Reserve units; National guardsmen; DoD 
civilian personnel who are paid from appropriated funds; industrial or 
contractor personnel who are working in private industry in firms which 
have contracts involving access to classified DoD information or 
installations; Red Cross personnel and personnel paid from 
nonappropriated funds who have DoD affiliation; Reserve Officers' 
Training Corps (ROTC) cadets; former military personnel; and 
individuals residing on, have authorized official access to, or 
conducting or operating any business or other functions at any DoD 
installation or facility.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Official Reports of Investigation (ROIs) prepared by DSS or other 
DoD, federal, state, or local official investigative activities; 
industrial security administrative inquiries (AISs). Attachments to 
ROIs or AISs including exhibits, subject or interviewee statements, 
police records, medical records, credit bureau reports, employment 
records, education records, release statements, summaries of, or 
extracts from other similar records or reports.
    Case control and management documents which are not reports of 
investigation, but which serve as the basis for investigation, or which 
serve to guide and facilitate investigative activity, including 
documents providing the data to open and conduct the case; and 
documents initiated by the subject.
    DSS file administration and management documents accounting for the 
disclosure of, control of, and access to a file.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    5 U.S.C. 301, Departmental Regulations; 10 U.S.C. 615, Armed 
Forces, Information furnished to selection boards; E.O. 10450, Security 
Requirements for Government Employment; DoD Directive 5105.42, Defense 
Security Service; DoD Directive 5200.2, Department of Defense Personnel 
Security Program; DoD Directive 5200.27 (Sections IV A and B), 
Acquisition of Information Concerning Persons and Organizations not 
Affiliated with the Department of Defense; DoD Directive 5220.6, 
Defense Industrial Personnel Security Clearance Program Review; DoD 
Directive 5220.28, Application of Special Eligibility and Clearance 
Requirements in the SIOP-ESI Program for Contractor Employees, and 18 
U.S.C. 3056, Powers and Duties of the Secret Service and E.O. 9397 
(SSN).

[[Page 19946]]

PURPOSE(S):
    To ensure that the acceptance or retention of persons in sensitive 
DoD positions or granting individuals including those employed in 
defense industry access to classified information is clearly consistent 
with national security.
    To determine the loyalty, suitability, eligibility, and general 
trustworthiness of individuals for access to defense information and 
facilities.
    To determine the eligibility and suitability of individuals for 
entry into and retention in the Armed Forces.
    To provide information pertinent to the protection of persons under 
the provisions of 18 U.S.C. 3056, Powers and Duties of the Secret 
Service.
    For use in criminal law enforcement investigations, including 
statutory violations and counterintelligence as well as 
counterespionage and other security matters.
    For use in military boards selecting military members for promotion 
to grades above 0-6.

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 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:
    For maintenance and use by the requesting activity when collected 
during reciprocal investigations conducted for other DoD and federal 
investigative elements.
    For dissemination to federal agencies or other DoD components when 
information regarding personnel security matters is reported by 
Information Summary Report.
    The `Blanket Routine Uses' published at the beginning of DSS' 
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:
    Records are maintained on magnetic media to include disk, tape and 
microfilm. Some paper records may still exist on cases which have not 
yet been converted to magnetic media and on records containing 
classified information.

RETRIEVABILITY:
    Information is retrieved Social Security Number (SSN).

SAFEGUARDS:
    Completed investigative records are stored in secured areas 
accessible only to authorized DSS personnel who have a need-to-know. 
Paper records are maintained in safes and locked rooms and magnetic 
media records are protected from access by `fail-safe' system software. 
The entire building housing these records are controlled by guards/
visitor register.

RETENTION AND DISPOSAL:
    Retention of closed DSS investigative files is authorized for 15 
years maximum, except as follows:
    (1) Files which have resulted in final adverse action against an 
individual will be retained 25 years;
    (2) Files developed on persons who are being considered for 
affiliation with the Department of Defense will be destroyed within one 
year if the affiliation is not completed. In cases involving a pre-
appointment investigation, if the appointment is not made due to 
information developed by investigation, the file will be retained 25 
years upon notification from the requester for which the investigation 
was conducted. If the appointment is not made due to information 
developed by investigation, the file will be retained 25 years upon 
notification from the requester for which the investigation was 
conducted. If the appointment is not made for another reason not 
related to the investigation, the file will be destroyed within one 
year upon notification from the requesting agency service;
    (3) Files concerning unauthorized disclosure of classified 
information and other specialized investigation files will be retained 
for 15 years; and
    (4) Information within the purview of the Department of Defense 
Directive 5200.27, Acquisition of Information Concerning Persons and 
Organizations not Affiliated with the Department of Defense, is 
destroyed within one year after acquisition by DSS unless its retention 
is required by law or unless its retention has been specifically 
authorized by the Secretary of Defense or his designee;
    (5) Reciprocal investigations are retained for only 60 days; and
    (6) Partial duplicate records of personnel security investigations 
are retained for 60 days by DSS field elements.

SYSTEM MANAGER(S) AND ADDRESS:
    Defense Security Service, P.O. Box 168, 1137 Branchton Road, 
Boyers, PA 16020-0168.

NOTIFICATION PROCEDURES:
    Individuals seeking to determine whether information about 
themselves is contained in this system should send written inquiries to 
the Defense Security Service, Office of FOIA and PA, 1340 Braddock 
Place, Alexandria, VA 22314-1615.
    A request for this information must contain the full name and 
Social Security Number of the subject individual, along with the 
address where the information is to be returned.

RECORD ACCESS PROCEDURES:
    Individuals seeking access to information about themselves 
contained in this system must send written signed inquiries to Defense 
Security Service, Privacy Act Branch, 938 Elkridge Landing Road, 
Linthicum, MD 21090.
    A request for information must contain the full name and Social 
Security Number of the subject individual and address where the records 
are to be returned.

CONTESTING RECORD PROCEDURES:
    DSS' rules for accessing records, contesting contents, and 
appealing initial agency determinations are contained in DSS Regulation 
01-13; 32 CFR part 321; or may be obtained from the Defense Security 
Service, Office of FOI and PA, 1340 Braddock Place, Alexandria, VA 
22314-1651.

RECORD SOURCE CATEGORIES:
    Subjects of investigations, records of other DoD activities and 
components, Federal, state, county, and municipal records, employment 
records of private business and industrial firms. Educational and 
disciplinary records of schools, colleges, universities, technical and 
trade schools. Hospital, clinic, and other medical records.
    Records of commercial enterprises such as real estate agencies, 
credit bureaus, loan companies, credit unions, banks, and other 
financial institutions which maintain credit information on 
individuals.
    The interview of individuals who are thought to have knowledge of 
the subject's background and activities.
    The interview of witnesses, victims, and confidential sources.
    The interview of any individuals deemed necessary to complete the 
DSS investigation.
    Miscellaneous directories, rosters, and correspondence.
    Any other type of record deemed necessary to complete the DSS 
investigation.

EXEMPTIONS CLAIMED FOR THE SYSTEM:
    Investigatory material compiled for law enforcement purposes may be

[[Page 19947]]

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 such information except to the extent that 
disclosure would reveal the identity of a confidential source.
    Records maintained in connection with providing protective services 
to the President and other individuals under 18 U.S.C. 3506, may be 
exempt pursuant to 5 U.S.C. 552a(k)(3).
    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 record system has been promulgated in 
accordance with the requirements of 5 U.S.C. 553(b)(1), (2), and (3), 
(c) and (e) and published in 32 CFR part 321. For additional 
information contact the system manager.

[FR Doc. E9-9907 Filed 4-29-09; 8:45 am]
BILLING CODE 5001-06-P