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

Download as PDF 19944 Federal Register / Vol. 74, No. 82 / Thursday, April 30, 2009 / Notices installations with security force personnel performing installation access control and random patrols. Common Access Cards and personal identification numbers are used to authenticate authorized desktop and laptop computer users. Computer servers are scanned quarterly or monthly to assess system vulnerabilities. Systems security updates are accomplished daily. The computer files are password protected with access restricted to authorized users with a need for the information. Records are secured in locked or guarded buildings, locked offices, or locked cabinets during non duty hours, with access restricted during duty hours to authorized users with a need for the information. RETENTION AND DISPOSAL: Destroy 6 months after cancellation of registration or departure of the registrant from the jurisdiction of the registering activity. Security managers within the DLA field activity responsible for the operation of security forces and staff at the DLA field activity. NOTIFICATION PROCEDURE: Individuals seeking to determine whether information about themselves is contained in this system of records should address written inquiries to the Privacy Act Office, Headquarters, Defense Logistics Agency, ATTN: DGA, 8725 John J. Kingman Road, Suite 1644, Fort Belvoir, VA 22060–6221. Inquiry should contain subject individual’s full name, Social Security Number, home address, and location of DLA installation where firearm was registered. RECORD ACCESS PROCEDURES: Individuals seeking access to information about them contained in this system of records should address written inquiries to the Privacy Act Office, Headquarters, Defense Logistics Agency, ATTN: DGA, 8725 John J. Kingman Road, Suite 1644, Fort Belvoir, VA 22060–6221. Inquiry should contain subject individual’s full name, current address and telephone numbers of the individual. CONTESTING RECORD PROCEDURES: The DLA rules for accessing records, for contesting contents, and appealing initial agency determinations are contained in 32 CFR part 323, or may be obtained from the Privacy Act Office, Headquarters, Defense Logistics Agency, ATTN: DGA, 8725 John J. Kingman 15:35 Apr 29, 2009 Jkt 217001 RECORD SOURCE CATEGORIES: Dated: April 24, 2009. Morgan E. Frazier, Alternate OSD Federal Register Liaison Officer, Department of Defense. The individual, security and police force personnel. RDCAA 201.1 EXEMPTIONS CLAIMED FOR THE SYSTEM: Office of the Secretary Individual Access Files (November 20, 1997, 62 FR 62003). Reason: The Defense Contract Audit Agency no longer issues Auditor Credential Cards or Identification Cards to employees. Because these Identification Cards are no longer issued by the Agency, system notice RDCAA 201.1 is not needed and should be deleted. [Docket ID DoD–2009–OS–0060] [FR Doc. E9–9914 Filed 4–29–09; 8:45 am] None. [FR Doc. E9–9906 Filed 4–29–09; 8:45 am] BILLING CODE 5001–06–P DEPARTMENT OF DEFENSE AGENCY: Defense Contract Audit Agency, DoD. Notice to delete a System of Records. SUMMARY: The Defense Contract Audit Agency (DCAA) proposes to delete a system of records notice from its existing inventory of record systems subject to the Privacy Act of 1974 (5 U.S.C. 552a), as amended. DATES: This proposed action will be effective without further notice on June 1, 2009 unless comments are received which result in a contrary determination. Send comments to Headquarters, Defense Contract Audit Agency, Information and Records Management Branch, 8725 John J. Kingman Road, Suite 2135, Fort Belvoir, VA 22060–6219. ADDRESSES: FOR FURTHER INFORMATION CONTACT: Defense Contract Audit Agency Privacy Adviser at (703) 767–1022. The Defense Contract Audit Agency (DCAA) systems of records notices 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 Defense Contract Audit Agency proposes to delete a system of records notice from its inventory of record systems subject to the Privacy Act of 1974 (5 U.S.C. 552a), as amended. The proposed deletion is not within the purview of subsection (r) of the Privacy Act of 1974 (5 U.S.C. 552a), as amended, which requires the submission of new or altered systems reports. SUPPLEMENTARY INFORMATION: PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 SYSTEM NAME: BILLING CODE 5001–06–P Privacy Act of 1974; System of Records ACTION: SYSTEM MANAGER(S) AND ADDRESS: VerDate Nov<24>2008 Road, Suite 1644, Fort Belvoir, VA 22060–6221. DEPARTMENT OF DEFENSE Office of the Secretary [Docket ID: DOD–2009–OS–0057] Privacy Act of 1974; System of Records Defense Security Service, DoD. Notice to alter a System of Records. AGENCY: ACTION: 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 E:\FR\FM\30APN1.SGM 30APN1 Federal Register / Vol. 74, No. 82 / Thursday, April 30, 2009 / Notices 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.’’ 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.’’ * * * * * 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).’’ Delete entry and replace with ‘‘Defense Security Service, P.O. Box 168, 1137 Branchton Road, Boyers, PA 16020–0168.’’ * * * * * 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. 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 VerDate Nov<24>2008 15:35 Apr 29, 2009 Jkt 217001 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 PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 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: SYSTEM MANAGER(S) AND ADDRESS: NOTIFICATION PROCEDURES: SYSTEM LOCATION: 19945 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). E:\FR\FM\30APN1.SGM 30APN1 19946 Federal Register / Vol. 74, No. 82 / Thursday, April 30, 2009 / Notices PURPOSE(S): SAFEGUARDS: NOTIFICATION PROCEDURES: 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. 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. 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. 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). VerDate Nov<24>2008 15:35 Apr 29, 2009 Jkt 217001 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. PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 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 E:\FR\FM\30APN1.SGM 30APN1 Federal Register / Vol. 74, No. 82 / Thursday, April 30, 2009 / Notices 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 DEPARTMENT OF DEFENSE Office of the Secretary [Docket ID DoD–2009–OS–0061] U.S. Court of Appeals for the Armed Forces Proposed Rules Changes Department of Defense. Notice of Proposed Changes to the Rules of Practice and Procedure of the United States Court of Appeals for the Armed Forces and implementation of a new electronic filing program. AGENCY: ACTION: SUMMARY: This notice announces the following proposed changes to Rules 19(a)(5), 20(e), 21(c)(2), 37(a), 37(b)(2), and 40(b)(3) of the Rules of Practice and Procedure, United States Court of Appeals for the Armed Forces and implementation of a new electronic filing program for public notice and comment. New language is in bold print. Language to be removed is within brackets. DATES: Comments on the proposed changes must be received within 30 days of the date of this notice. ADDRESSES: You may submit comments, identified by docket number and/or VerDate Nov<24>2008 15:35 Apr 29, 2009 Jkt 217001 Regulatory Information Number (RIN) and title by any of the following methods: • Federal eRulemaking Portal: https:// www.regulations.gov. • Mail: Federal Docket Management System Office, 1160 Defense Pentagon, Washington, DC 20301–1160. Instructions: All submissions received must include the agency name and docket number or RIN 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 https:// www.regulations.gov as they are received without change, including personal identifiers or contact information. FOR FURTHER INFORMATION CONTACT: William A. DeCicco, Clerk of the Court, telephone (202) 761–1448. Dated: April 24, 2009. Morgan E. Frazier, Alternate OSD Federal Liaison Officer. Department of Defense Rule 19(a)(5): (A) In all cases where the petition is filed by counsel, a supplement to the petition establishing good cause in accordance with Rule 21 shall be filed contemporaneously with the petition. Motions for enlargement of time to file the supplement, while disfavored, will be granted for good cause shown. An appellee’s answer to the supplement to the petition, except for cases on appeal by the United States under Article 62, UCMJ, 10 U.S.C. § 862 (2000), may be filed no later than 20 days after the filing of the supplement. See Rule 21(e). A reply may be filed by the appellant no later than 5 days after the filing of appellee’s answer. An appellee’s answer to the supplement in a case under appeal by the United States under Article 62, UCMJ, may be filed no later than 10 days after the filing of the supplement; an appellant may file a reply no later than 5 days after the filing of appellee’s answer. (B) In all cases where the petition is filed by the appellant, a supplement to the petition shall be filed by counsel no later than 20 days after the issuance by the Clerk of a notice of docketing of the petition. See Rule 10(c). An appellee’s answer to the supplement to the petition and an appellant’s reply may be filed in accordance with the time limits contained in Rule 19(a)(5)(A). [(A) Article 62, UCMJ, appeals. In cases involving a decision by a Court of Criminal Appeals on appeal by the United States under Article 62, UCMJ, 10 USC § 862, a supplement to the PO 00000 Frm 00019 Fmt 4703 Sfmt 4703 19947 petition establishing good cause in accordance with Rule 21 shall be filed no later than 20 days after the issuance by the Clerk of a notice of docketing of such a petition for grant of review. See Rule 10(c). An appellee’s answer to the supplement to the petition for grant of review shall be filed no later than 10 days after the filing of such supplement. A reply may be filed by the appellant no later than 5 days after the filing of the appellee’s answer. (B) Other appeals. In all other appeal cases, a supplement to the petition establishing good cause in accordance with Rule 21 shall be filed no later than 30 days after the issuance by the Clerk of a notice of docketing of a petition for grant of review. See Rule 10(c). An appellee’s answer to the supplement to the petition for grant of review may be filed no later than 30 days after the filing of such supplement. See Rule 21(e). A reply may be filed by the appellant no later than 10 days after the filing of the appellee’s answer.] Comment: The changes will accelerate the case disposition process. The accelerated time limits are accompanied with a provision to obtain extensions for good cause shown to address concerns that there may be circumstances where additional time may be justified. Rule 20(e): (e) Upon issuance by the Clerk under Rule 10(c) of a notice of docketing of a petition for grant of review filed personally by an appellant, counsel for the appellant shall file a supplement to the petition in accordance with the applicable time limit set forth in Rule 19(a)(5)[(A) or](B), and the provisions of Rule 21. Comment: This change is a conforming amendment to bring Rule 20(e) into alignment with the change in Rule 19(a)(5). Rule 21(c)(2): (2) Answer/reply in other appeals. An appellee’s answer to the supplement to the petition for grant of review in all other appeal cases may be filed no later than [30] 20 days after the filing of the supplement; see Rule 21(e); (remainder of paragraph is unchanged). Comment: This change conforms Rule 21(c)(2) to the change in Rule 19(a)(5). Rules 37(a) and 37(b)(2): (a) Printing. Except for records of trial and as otherwise provided by Rules 24(f) and 27(a)(4) or any order of the Court regarding the electronic filing of pleadings, all pleadings and other papers relative to a case shall be typewritten and double-spaced, printed on one side only on white unglazed paper, 8.5 by 11 inches in size, securely fastened in the top left corner. E:\FR\FM\30APN1.SGM 30APN1

Agencies

[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]


-----------------------------------------------------------------------

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.

-----------------------------------------------------------------------

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
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.