Privacy Act of 1974; System of Records, 35191-35195 [2011-14941]

Agencies

• Office of the Secretary
• DEPARTMENT OF DEFENSE

[Federal Register Volume 76, Number 116 (Thursday, June 16, 2011)]
[Notices]
[Pages 35191-35195]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-14941]


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DEPARTMENT OF DEFENSE

Office of the Secretary

[Docket ID: DOD-2011-OS-0067]


Privacy Act of 1974; System of Records

AGENCY: Defense Intelligence Agency, DoD.

ACTION: Notice to alter a system of records.

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SUMMARY: The Defense Intelligence Agency is proposing to alter a system 
to its existing inventory of records systems subject to the Privacy Act 
of 1974, (5 U.S.C. 552a), as amended.

DATES: This proposed action will be effective further notice on July 
18, 2011 unless comments are received which in a contrary.

[[Page 35192]]


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, 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. Theresa Lowery, Defense 
Intelligence Agency, DAN 1-C, 600 McDill Blvd., Washington, DC 20340-
0001 or by phone at (202) 231-1193.

SUPPLEMENTARY INFORMATION: The Defense Intelligence Agency system 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 in FOR FURTHER INFORMATION CONTACT.
    The proposed system report, as required by 5 U.S.C. 552a of the 
Privacy Act of 1974, as amended, was submitted on June 8, 2011 to the 
House Committee on Oversight and 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 9, 2011.
Aaron Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
LDIA 0660
    Security Files (July 24, 2006, 71 FR 41784)
* * * * *

Changes:
System name:
    Delete entry and replace with ``Security and Counterintelligence 
Records''.
* * * * *

Categories of individuals covered by the system:
    Delete entry and replace with ``Current and former Defense 
Intelligence Agency (DIA) civilian, military and contractor personnel, 
nominees for employment with DIA, all persons with access to DIA 
facilities and infrastructure, all persons under the security 
cognizance of DIA. Persons about whom other U.S. government agencies 
have requested investigative assistance from DIA as part of lawful 
investigations by their agency. Individuals identified as the result of 
an administrative, security and/or investigative function who could 
pose a threat to DIA operations, data, personnel, facilities and 
systems.''

Categories of records in the system:
    Delete entry and replace with ``Personnel: Name, date and place of 
birth, Social Security Number (SSN), gender, race, home address, family 
and dependent information, biometric data, medical/psychological 
information, financial, employment, training records, test results and 
education history, statements of personal history.
    Administrative: Case control number, forms, documents and 
correspondence relating to security files, personnel security, 
investigative and employment records, personnel security functions, 
nomination notices, indoctrination/debriefing memoranda, secrecy and 
nondisclosure agreements, certificates of clearance.
    Adjudication memoranda and supporting documentation, in-house 
investigations, security violations, security threats and incidents, 
investigations and inquiries of criminal and counterintelligence 
matters, investigative referrals, counterintelligence reporting, 
foreign travel, foreign contacts, identification badge records, 
retrieval indices, clearance status records, facility and access 
control records.''

Authority for maintenance of the system:
    Delete entry and replace with ``National Security Act of 1947; 
Executive Order 12333, United States Intelligence Activities; DoDD 
5105.21, Defense Intelligence Agency; DoDI 5240.06, Counterintelligence 
Awareness, Briefing, and Reporting Programs; DoDI 5200.08, Security of 
DoD Installations and Resources; DoD 5200.2.R, Personnel Security 
Program; DIA Directive 3020.400, DIA Critical Infrastructure Program; 
Intelligence Community Directive (ICD) 704, Personnel Security 
Standards and Procedures Governing Eligibility for Access to Special 
Compartmented Information and Other Controlled Access Program 
Information; DIA Manual 50-8, Personnel Security Program; DIA Manual 
50-14, Security Investigations; DIA Regulation 50-17, Reporting Foreign 
Contact and Foreign Travel; DIA Instruction 5200.002, Credibility 
Assessment Program and E.O. 9397 (SSN), as amended.''

Purpose(s):
    Delete entry and replace with ``The system will manage records used 
to accomplish security and counterintelligence functions. Information 
is used to comply with regulatory requirements related to initial and 
continued employment, to determine eligibility for access to classified 
information, to protect the agency's operations, data, personnel, 
facilities and systems (by using administrative, security and 
investigative functions to detect actual or potential threats and 
risks) and to document training and education''.
* * * * *

Storage:
    Delete entry and replace with ``Paper and Electronic storage 
media''.

Retrievability:
    Delete entry and replace with ``By last name, Social Security 
Number (SSN), and applicable case control number''.

Safeguards:
    Delete entry and replace with ``Records are stored in office 
buildings protected by guards, controlled screenings, use of visitor 
registers, electronic access, and/or locks. Access to records is 
limited to individuals who are properly screened and cleared on a need-
to-know basis in the performance of their duties. Passwords and User 
IDs are used to control access to the system data, and procedures are 
in place to deter and detect browsing and unauthorized access. Physical 
and electronic access are limited to persons responsible for servicing 
and authorized to use the system''.

Retention and disposal:
    Delete entry and replace with ``Security Files: Personnel Security 
Records. Case files documenting the processing of investigations on 
Federal employees or applicants for Federal employment, whether or not 
a security clearance is granted, and other persons, such as those 
performing work for a Federal agency under contract, who require an 
approval before having access to Government facilities or to sensitive 
data. These files include questionnaires, summaries of reports prepared 
by the

[[Page 35193]]

investigating agency, and other records reflecting the processing of 
the investigation and the status of the clearance, exclusive of copies 
of investigative reports furnished by the investigating agency. 
Temporary-Destroy upon notification of death or 5 years after 
separation or transfer of employee or no later than 5 years after 
contract relationship expires.
    Security Files: Polygraph examinations, favorable examinations; 
Temporary-Destroy 90 days. Unfavorable Examinations; examinations 
considered as part of an investigation action necessary for security 
adjudicative purposes and includes the Medical/Psychiatric Condition 
Statement-Temporary-Destroy when 15 years old.
    Medical and Psychiatric Condition Statement (Favorable), Temporary-
Destroy when 1 year old; (Unfavorable), Temporary-Destroy when 15 years 
old.
    Examinations considered records of major significance, 
congressional interest, national security or upon which significant 
action was taken (trial, courts-martial, employment termination). 
PERMANENT--Offer to National Archives and Records Administration (NARA) 
when 25-30 years old. Final disposition determinations of individual 
cases are made by NARA.
    Security Violations: Temporary-Destroy 5 years after close of case. 
Files referred for prosecution determination; Temporary-Destroy 3 years 
after close of case.
    Orientation and Training: Temporary-Destroy when no longer required 
for current operations (documents reflecting training, security 
orientation, and compliance with security regulations).
    Non-Disclosure Agreements: Temporary-Destroy when 70 years old.
    Logs and Registers: Temporary-Destroy 2 years after final entry.''

System manager(s) and address:
    Delete entry and replace with ``Counterintelligence and Security 
Office, Defense Intelligence Agency, 200 MacDill Blvd, Washington DC 
20340-5100''.

Notification procedure:
    Delete entry and replace with ``Individuals seeking to determine 
whether information about themselves is contained in this system of 
records should address written inquiries to the DIA Freedom of 
Information Office (DAN-1A), Defense Intelligence Agency, 200 MacDill 
Blvd, Washington, DC 20340-5100.
    Request should contain the individual's full name, current address, 
and telephone number''.

Record access procedures:
    Delete entry and replace with ``Individuals seeking access to 
information about themselves, contained in this system of records, 
should address written inquiries to the DIA Freedom of Information 
Office (DAN-1A), 200 MacDill Blvd, Washington, DC 20340-5100.
    Request should contain the individual's full name, current address, 
and telephone number''.

Contesting record procedures:
    Delete entry and replace with ``DIA's rules for accessing records, 
for contesting contents and appealing initial agency determinations are 
published in DIA Instruction 5400.001 ``Defense Intelligence Agency 
Privacy Program''; or may be obtained from the system manager''.

Record source categories:
    Delete entry and replace with ``Subject individuals, agency and 
other government officials as well as open source information''.

Exemptions claimed for the system:
    Delete entry and replace with ``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 
552(k)(2). However, if an individual is denied any right, privilege, or 
benefit for which he would otherwise be entitled by Federal law or 
which he would otherwise be eligible, as a result of maintenance of the 
information, the individual will be provided access to the information 
except to the extent that disclosure would reveal the identity of a 
confidential source. This exemption provides limited protection of 
investigative reports maintained in a system of records used in 
personnel or administrative actions.
    (k)(5) Investigatory material complied solely for the purpose of 
determining suitability, eligibility, or qualifications for Federal 
civilian employment, military service, Federal contracts, or access to 
classified information but only to the extent such material would 
reveal the identity of a confidential source.
    (k)(6) Testing or examination material used to determine individual 
qualifications for appointment or promotion in the Federal or military 
service, if the disclosure of such material would compromise the 
objectivity or fairness of the test or examination process.
    An exemption rule for this 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 319''.
* * * * *
LDIA 0660

System name:
    Security and Counterintelligence Records.

System location:
    Defense Intelligence Agency, 200 MacDill Boulevard, Washington, DC 
20304-5100.

Categories of individuals covered by the system:
    Current and former Defense Intelligence Agency (DIA) civilian, 
military and contractor personnel, nominees for employment with DIA, 
all persons with access to DIA facilities and infrastructure, all 
persons under the security cognizance of DIA. Persons about whom other 
U.S. government agencies have requested investigative assistance from 
DIA as part of lawful investigations by their agency. Individuals 
identified as the result of an administrative, security and/or 
investigative function who could pose a threat to DIA operations, data, 
personnel, facilities and systems.

Categories of records in the system:
    Personnel: Name, date and place of birth, Social Security Number 
(SSN), gender, race, home address, family and dependent information, 
biometric data, medical/psychological information, financial, 
employment, training records, test results and education history, 
statements of personal history.
    Administrative: Case control number, forms, documents and 
correspondence relating to security files, personnel security, 
investigative and employment records, personnel security functions, 
nomination notices, indoctrination/debriefing memoranda, secrecy and 
nondisclosure agreements, certificates of clearance.
    Adjudication memoranda and supporting documentation, in-house 
investigations, security violations, security threats and incidents, 
investigations and inquiries of criminal and counterintelligence 
matters, investigative referrals, counterintelligence reporting, 
foreign travel, foreign contacts, identification badge records, 
retrieval indices, clearance status records, facility and access 
control records.

Authority for maintenance of the system:
    National Security Act of 1947; Executive Order 12333; United States

[[Page 35194]]

Intelligence Activities; DoDD 5105.21, Defense Intelligence Agency; 
DoDI 5240.06, Counterintelligence Awareness, Briefing, and Reporting 
Programs; DoDI 5200.08, Security of DoD Installations and Resources; 
DoD 5200.2.R, Personnel Security Program; DIA Directive 3020.400, DIA 
Critical Infrastructure Program; Intelligence Community Directive (ICD) 
704, Personnel Security Standards and Procedures Governing Eligibility 
for Access to Special Compartmented Information and Other Controlled 
Access Program Information; DIA Manual 50-8, Personnel Security 
Program; DIA Manual 50-14, Security Investigations; DIA Regulation 50-
17, Reporting Foreign Contact and Foreign Travel; DIA Instruction 
5200.002, Credibility Assessment Program and E.O. 9397 (SSN), as 
amended.

Purpose(s):
    The system will manage records used to accomplish security and 
counterintelligence functions. Information is used to comply with 
regulatory requirements related to initial and continued employment, to 
determine eligibility for access to classified information, to protect 
the agency's operations, data, personnel, facilities and systems (by 
using administrative, security and investigative functions to detect 
actual or potential threats and risks) and to document training and 
education.

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:
    Information may be disclosed to other Federal agencies, state and 
local governments, as may have an official need for such information 
and agree to apply appropriate safeguards to protect the data in a 
manner consistent with the conditions or expectations under which the 
information was provided, collected or obtained.
    The DoD `Blanket Routine Uses' set forth at the beginning of the 
Defense Intelligence Agency's compilation of systems records notices 
apply to this system.

Policies and practices for storing, retrieving, accessing, retaining, 
and disposing of records in the system:
Storage:
    Paper and Electronic storage media.

Retrievability:
    By last name, Social Security Number (SSN), and applicable case 
control number.

Safeguards:
    Records are stored in office buildings protected by guards, 
controlled screenings, use of visitor registers, electronic access, 
and/or locks. Access to records is limited to individuals who are 
properly screened and cleared on a need-to-know basis in the 
performance of their duties. Passwords and User IDs are used to control 
access to the system data, and procedures are in place to deter and 
detect browsing and unauthorized access. Physical and electronic access 
are limited to persons responsible for servicing and authorized to use 
the system.

Retention and disposal:
    Security Files: Personnel Security Records. Case files documenting 
the processing of investigations on Federal employees or applicants for 
Federal employment, whether or not a security clearance is granted, and 
other persons, such as those performing work for a Federal agency under 
contract, who require an approval before having access to Government 
facilities or to sensitive data. These files include questionnaires, 
summaries of reports prepared by the investigating agency, and other 
records reflecting the processing of the investigation and the status 
of the clearance, exclusive of copies of investigative reports 
furnished by the investigating agency; Temporary-Destroy upon 
notification of death or 5 years after separation or transfer of 
employee or no later than 5 years after contract relationship expires.
    Security Files: Polygraph examinations, favorable examinations; 
Temporary-Destroy 90 days. Unfavorable Examinations; examinations 
considered as part of an investigation action necessary for security 
adjudicative purposes and includes the Medical/Psychiatric Condition 
Statement-Temporary-Destroy when 15 years old.
    Medical and Psychiatric Condition Statement (Favorable), Temporary-
Destroy when 1 year old; (Unfavorable), Temporary-Destroy when 15 years 
old.
    Examinations considered records of major significance, 
congressional interest, national security or upon which significant 
action was taken (trial, courts-martial, employment termination). 
PERMANENT--Offer to National Archives and Records Administration (NARA) 
when 25-30 years old. Final disposition determinations of individual 
cases are made by NARA.
    Security Violations: Temporary-Destroy 5 years after close of case. 
Files referred for prosecution determination; Temporary- Destroy 3 
years after close of case.
    Orientation and Training: Temporary-Destroy when no longer required 
for current operations (documents reflecting training, security 
orientation, and compliance with security regulations).
    Non-Disclosure Agreements: Temporary--Destroy when 70 years old.
    Logs and Registers: Temporary-Destroy 2 years after final entry.

System manager(s) and address:
    Counterintelligence and Security Office, Defense Intelligence 
Agency, 200 MacDill Blvd., Washington, DC 20340-5100.

Notification procedure:
    Individuals seeking to determine whether information about 
themselves is contained in this system of records should address 
written inquiries to the DIA Freedom of Information Office (DAN-1A), 
Defense Intelligence Agency, 200 MacDill Blvd, Washington, DC 20340-
5100.
    Request should contain the individual's full name, current address, 
and telephone number.

Record access procedures:
    Individuals seeking access to information about themselves, 
contained in this system of records, should address written inquiries 
to the DIA Freedom of Information Office (DAN-1A), 200 MacDill Blvd., 
Washington, DC 20340-5100.
    Request should contain the individual's full name, current address, 
and telephone number.

Contesting record procedures:
    DIA's rules for accessing records, for contesting contents and 
appealing initial agency determinations are published in DIA 
Instruction 5400.001 ``Defense Intelligence Agency Privacy Program''; 
or may be obtained from the system manager.

Record source categories:
    Subject individuals, agency and other government officials as well 
as open source information.

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 552(k)(2). However, if an individual is 
denied any right,

[[Page 35195]]

privilege, or benefit for which he would otherwise be entitled by 
Federal law or which he would otherwise be eligible, as a result of 
maintenance of the information, the individual will be provided access 
to the information except to the extent that disclosure would reveal 
the identity of a confidential source. This exemption provides limited 
protection of investigative reports maintained in a system of records 
used in personnel or administrative actions.
    (k)(5) Investigatory material complied solely for the purpose of 
determining suitability, eligibility, or qualifications for Federal 
civilian employment, military service, Federal contracts, or access to 
classified information but only to the extent such material would 
reveal the identity of a confidential source.
    (k)(6) Testing or examination material used to determine individual 
qualifications for appointment or promotion in the Federal or military 
service, if the disclosure of such material would compromise the 
objectivity or fairness of the test or examination process.
    An exemption rule for this 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 319.

[FR Doc. 2011-14941 Filed 6-15-11; 8:45 am]
BILLING CODE 5001-06-P