Privacy Act of 1974; Systems of Records, 21250-21252 [2010-9393]

Agencies

• Office of the Secretary
• DEPARTMENT OF DEFENSE

[Federal Register Volume 75, Number 78 (Friday, April 23, 2010)]
[Notices]
[Pages 21250-21252]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-9393]


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DEPARTMENT OF DEFENSE

Office of the Secretary

[Docket ID DOD-2010-OS-0052]


Privacy Act of 1974; Systems of Records

AGENCY: National Security Agency/Central Security Service, DoD.

ACTION: Notice to amend a system of records.

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SUMMARY: The National Security Agency/Central Security Service is 
proposing to amend a system of records notice in its existing inventory 
of records systems subject to the Privacy Act of 1974, (5 U.S.C. 552a), 
as amended.

DATES: The changes will be effective on May 24, 2010 unless comments 
are received that would 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: https://www.regulations.gov. 
Follow the instructions for submitting comments.
     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 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 any personal identifiers or contact information.

FOR FURTHER INFORMATION CONTACT: Ms. Anne Hill at (301) 688-6527.

SUPPLEMENTARY INFORMATION: The National Security Agency/Central 
Security Service 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 National Security Agency/
Central Security Service, Freedom of Information Act and Privacy Act 
Office, 9800 Savage Road, Suite 6248, Ft. George G. Meade, MD 20755-
6248.
    The specific changes to the records systems being amended are set 
forth below followed by the notices, as amended, published in their 
entirety. The proposed amendments are 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 a new or altered system report.

    Dated: April 19, 2010.
Mitchell S. Bryman,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
GNSA 20

SYSTEM NAME:
    NSA Police Operational Files (August 9, 2004; 69 FR 48183).

CHANGES:
* * * * *

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    Delete entry and replace with ``National Security Agency Act of 
1959,

[[Page 21251]]

Public Law 86-36 (50 U.S.C. 402 note); 40 U.S.C. 1315, Law enforcement 
authority of Secretary of Homeland Security for protection of public 
property; 32 CFR Part 228, Security Protective Force; E.O. 12333, as 
amended, United States Intelligence Activities, DoD-D 5100.20, National 
Security Agency/Central Security Service; DoD-I 5200.8, Security of DoD 
Installations and Resources; DoD-R 5240.1, Procedures Governing the 
Activities of DoD Intelligence Components that Affect United States 
Persons; NSA/CSS Policy 5-7, Badge Identification System; NSA/CSS 
Policy 5-8, Use and control of firearms/Use of Force; E.O. 9397(SSN), 
as amended.''
* * * * *

SYSTEM MANAGER(S) AND ADDRESS:
    Delete entry and replace with ``Associate Director for Security & 
Counterintelligence, National Security Agency/Central Security Service, 
Ft. George G. Meade, MD 20755-6000.''

NOTIFICATION PROCEDURE:
    Delete entry and replace with ``Individuals seeking to determine 
whether information about themselves is contained in this system should 
address written inquiries to the National Security Agency/Central 
Security Service, Freedom of Information Act/Privacy Act Office, 9800 
Savage Road, Ft. George G. Meade, MD 20755-6000.
    Written inquiries should contain the individual's full name, Social 
Security Number (SSN) and mailing address.''

RECORD ACCESS PROCEDURES:
    Delete entry and replace with ``Individuals seeking access to 
information about themselves contained in this system should address 
written inquiries to the National Security Agency/Central Security 
Service, Freedom of Information Act/Privacy Act Office, 9800 Savage 
Road, Ft. George G. Meade, MD 20755-6000.
    Written inquiries should contain the individual's full name, Social 
Security Number (SSN) and mailing address.''

CONTESTING RECORD PROCEDURES:
    Delete entry and replace with ``The NSA/CSS rules for contesting 
contents and appealing initial determinations are published at 32 CFR 
part 322 or may be obtained by written request addressed to the 
National Security Agency/Central Security Service, Freedom of 
Information Act/Privacy Act Office, 9800 Savage Road, Ft. George G. 
Meade, MD 20755-6000.''
* * * * *
GNSA 2

SYSTEM NAME:
    NSA Police Operational Files.

SYSTEM LOCATION:
    National Security Agency/Central Security Service, Ft. George G. 
Meade, MD 20755-6000.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    NSA Police Officers; civilian DoD employees; military assignees; 
employees of other Federal agencies or military departments; contractor 
employees, non-appropriated fund instrumentality employees; family 
members of the afore-mentioned categories; owners or operators of 
vehicles entering or attempting to enter on or near NSA occupied areas; 
individuals arrested on or near NSA occupied areas; individuals 
suspected of posing a threat to the safety of NSA persons or property; 
and individuals cited for violations of NSA security regulations.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Name, Social Security Number (SSN), address, organization (or 
affiliation), dates of visit, type of badge issued, vehicle license 
plate number, phone number, date and place of birth, work center 
assigned, case number; information from Police inventory control 
documents (to include weapon and radio serial numbers, police officer's 
name, and police officer's assigned shift), Incident Reports, Security 
Information Reports, reports of security violations, arrest reports, 
CTC vehicle registration files, accident reports, suspect data file/
reports, missing property reports, traffic/parking tickets, access 
control information, equipment inspection logs and similar documents or 
files.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    National Security Agency Act of 1959, Public Law 86-36 (50 U.S.C. 
402 note); 40 U.S.C. 1315, Law enforcement authority of Secretary of 
Homeland Security for protection of public property; 32 CFR Part 228, 
Security Protective Force; E.O. 12333, as amended, United States 
Intelligence Activities, DoD-D 5100.20, National Security Agency/
Central Security Service; DoD-I 5200.8, Security of DoD Installations 
and Resources; DoD-R 5240.1, Procedures Governing the Activities of DoD 
Intelligence Components that Affect United States Persons; NSA/CSS 
Policy 5-7, Badge Identification System; NSA/CSS Policy 5-8, Use and 
control of firearms/Use of Force; E.O. 9397(SSN), as amended.

PURPOSE(S):
    To maintain records relating to the operations of the NSA Police 
for the purpose of providing reports for and on personnel and badge 
information of the current tenants of NSA/CSS facilities; to create and 
track the status of visit requests and the issuance of visitor badges; 
to identify employees and visitors at the entrances of the gated 
facility; to track inside the NSA/CSS facility authorized NSA/CSS 
employee and visitor badges as they are used to pass through automated 
turnstile system, access office suites and other work areas; to track 
any unsolicited contacts with the NSA/CSS; to track the investigation 
and determination of any wrongdoing or criminal activities by NSA/CSS 
employees or facility visitors; and to compile such statistics and 
reports on the number of unauthorized attempts to access NSA 
facilities, the number of security violations and arrests, the number 
of visitors, and reports of a similar nature.

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:
    To Federal agencies to facilitate security, employment, detail, 
liaison, or contractual determinations as required, and in furtherance 
of, NSA police operations.
    To Federal agencies involved in the protection of intelligence 
sources and methods, such as in counterintelligence investigations, to 
facilitate such protection.
    The DoD `Blanket Routine Uses'' published at the beginning of the 
NSA/CSS's compilation of record systems also apply to this record 
system.

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, 
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
    Paper files and electronic storage media.

RETRIEVABILITY:
    By name, organization (or affiliation), dates of visit, type of 
badge issued, Social Security Number (SSN), vehicle license plate 
number, home address and phone number, date and place of birth, work 
center assigned, subject matter, and case number.

[[Page 21252]]

SAFEGUARDS:
    Secured by a series of guarded pedestrian gates and checkpoints. 
Access to facilities is limited to security-cleared personnel and 
escorted visitors only. With the facilities themselves, access to paper 
and computer printouts are controlled by limited-access facilities and 
lockable containers. Access to electronic means is controlled by 
computer password protection.

RETENTION AND DISPOSAL:
    Records are periodically reviewed for retention. Records having no 
evidential, informational, or historical value or not required to be 
permanently retained are destroyed. Visitor passes and campus access 
files are destroyed when 15 years old. Physical security compromise 
reports are destroyed 10 years from time of incident. Files relating to 
exercise of police functions are destroyed when three years old. 
Reports relating to arrests are destroyed when two years old. Routine 
police investigations and Guard Service Control files are destroyed 
when one year old. Destruction is by pulping, burning, shredding, or 
erasure or destruction of magnetic media.

SYSTEM MANAGER(S) AND ADDRESS:
    Associate Director for Security & Counterintelligence, National 
Security Agency/Central Security Service, Ft. George G. Meade, MD 
20755-6000.

NOTIFICATION PROCEDURE:
    Individuals seeking to determine whether information about 
themselves is contained in this system should address written inquiries 
to the National Security Agency/Central Security Service, Freedom of 
Information Act/Privacy Act Office, 9800 Savage Road, Ft. George G. 
Meade, MD 20755-6000.
    Written inquiries should contain the individual's full name, Social 
Security Number (SSN) and mailing address.

RECORD ACCESS PROCEDURES:
    Individuals seeking access to information about themselves 
contained in this system should address written inquiries to the 
National Security Agency/Central Security Service, Freedom of 
Information Act/Privacy Act Office, 9800 Savage Road, Ft. George G. 
Meade, MD 20755-6000.
    Written inquiries should contain the individual's full name, Social 
Security Number (SSN) and mailing address.

CONTESTING RECORD PROCEDURES:
    The NSA/CSS rules for contesting contents and appealing initial 
determinations are published at 32 CFR part 322 or may be obtained by 
written request addressed to the National Security Agency/Central 
Security Service, Freedom of Information Act/Privacy Act Office, 9800 
Savage Road, Ft. George G. Meade, MD 20755-6000.

RECORD SOURCE CATEGORIES:
    Individuals themselves; victims, witnesses, investigators, Security 
Protective Force, and other Federal or State agencies and 
organizations.

EXEMPTIONS CLAIMED FOR THE SYSTEM:
    Investigatory material compiled for law enforcement purposes, other 
than material within the scope of subsection 5 U.S.C. 552a(j)(2), may 
be exempt pursuant to 5 U.S.C. 552a(k)(2). However, if an individual is 
denied any right, privilege, or benefit for which he would otherwise be 
entitled by Federal law or for which he would otherwise be eligible, as 
a result of the maintenance of such information, the individual will be 
provided access to the information exempt to the extent that disclosure 
would reveal the identity of a confidential source. Note: When claimed, 
this exemption allows limited protection of investigative reports 
maintained in a system of records used in personnel or administrative 
actions.
    Records maintained solely for statistical research or program 
evaluation purposes and which are not used to make decisions on the 
rights, benefits, or entitlement of an individual except for census 
records which may be disclosed under 13 U.S.C. 8, may be exempt 
pursuant to 5 U.S.C. 552a(k)(4).
    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. This provision allows protection of confidential 
sources used in background investigations, employment inquiries, and 
similar inquiries that are for personnel screening to determine 
suitability, eligibility, or qualifications.
    An exemption rule for this exemption 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 322. For additional information 
contact Ms. Anne Hill, Privacy Act Officer, NSA/CSS Freedom of 
Information Act/Privacy Act Office, 9800 Savage Road, Suite 6248, Ft. 
George G. Meade, MD 20766-6248.

[FR Doc. 2010-9393 Filed 4-22-10; 8:45 am]
BILLING CODE 5001-06-P