Privacy Act of 1974; System of Records, 24863-24865 [2011-10677]

Agencies

• DEPARTMENT OF DEFENSE
• Office of the Secretary

[Federal Register Volume 76, Number 85 (Tuesday, May 3, 2011)]
[Notices]
[Pages 24863-24865]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-10677]


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DEPARTMENT OF DEFENSE

Office of the Secretary

[Docket ID DOD-2011-OS-0048]


Privacy Act of 1974; System of Records

AGENCY: Office of the Secretary, 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 June 2, 2011 unless comments are received which result in a contrary 
determination.

ADDRESSES: You may submit comments, identified by docket number and/
Regulatory Information Number (RIN) 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, OSD Mailroom 3C843, Washington, DC 20301-1160.
    Instructions: All submissions received must include the agency name 
and docket number or Regulatory Information Number (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 any 
personal identifiers or contact information.

FOR FURTHER INFORMATION CONTACT: Ms. Cindy Allard at (703) 588-6830, or 
Chief, OSD/JS Privacy Office, Freedom of Information Directorate, 
Washington Headquarters Services, 1155 Defense Pentagon, Washington, DC 
20301-1155.

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 FOR FURTHER INFORMATION CONTACT 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 April 26, 2011, 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: April 27, 2011.
Morgan F. Park,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
DMDC 12 DoD
    Joint Personnel Adjudication System (JPAS), (October 14, 2010, 75 
FR 63161).
* * * * *

Retention and disposal:
    Delete entry and replace with ``Records are destroyed no later than 
one (1) year after notification of death or not later than five (5) 
years after separation or transfer of employee or no later than five 
(5) years after contract relationship expires, whichever is 
applicable.''
* * * * *

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 Defense Manpower Data Center (DMDC) 
Boyers, ATTN: Privacy Act Office, P.O. Box 168, Boyers, PA 16020-0168.
    Written requests must contain the full name (and any alias and/or 
alternate names used), 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 Defense Manpower Data Center (DMDC) 
Boyers, ATTN: Privacy Act Office, P.O. Box 168, Boyers, PA 16020-0168.
    Individuals should provide their full name (and any alias and/or 
alternate names used), 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.''
* * * * *
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.

[[Page 24864]]

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 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:
    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 (OSD) 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, 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:
    Records are destroyed no later than one (1) year after notification 
of death or not later than five (5) years after separation or transfer 
of employee or no later than five (5) years after contract relationship 
expires, whichever is applicable.

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 Defense Manpower Data Center (DMDC) Boyers, ATTN: Privacy Act 
Office, P.O. Box 168, Boyers, PA 16020-0168.
    Written requests must contain the full name (and any alias and/or 
alternate names used), 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 Defense 
Manpower Data Center (DMDC) Boyers, ATTN: Privacy Act Office, P.O. Box 
168, Boyers, PA 16020-0168.
    Individuals should provide their full name (and any alias and/or 
alternate

[[Page 24865]]

names used), 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 OSD rules for accessing records, and for contesting or 
appealing agency determinations are published in OSD 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 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. 2011-10677 Filed 5-2-11; 8:45 am]
BILLING CODE 5001-06-P