Privacy Act of 1974; System of Records, 60812-60815 [2011-25175]

Agencies

• Office of the Secretary
• DEPARTMENT OF DEFENSE

[Federal Register Volume 76, Number 190 (Friday, September 30, 2011)]
[Notices]
[Pages 60812-60815]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-25175]


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DEPARTMENT OF DEFENSE

Office of the Secretary

[Docket ID: DOD-2011-OS-0105]


Privacy Act of 1974; System of Records

AGENCY: Office of the Secretary of Defense, Department of Defense 
(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 October 31, 2011, unless comments are received which 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, 4800 Mark Center 
Drive, 2nd floor, East Tower, Suite 02G09, Alexandria, VA 22350-3100.
    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. Cindy Allard, Chief, OSD/JS 
Privacy Office, Freedom of Information Directorate, Washington 
Headquarters Services, 1155 Defense Pentagon,

[[Page 60813]]

Washington, DC 20301-1155, or by phone at (703) 588-6830.

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 address in FOR FURTHER INFORMATION CONTACT. 
The proposed system report, as required by 5 U.S.C. 552a(r) of the 
Privacy Act of 1974, as amended, was submitted on September 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: September 26, 2011.
Aaron Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
V5-01

System Name:
    Investigative Records Repository (April 30, 2009, 74 FR 19944).

Changes:
    Delete entry and replace with ``DMDC 11 DoD.''
* * * * *

System location:
    Delete entry and replace with ``Defense Manpower Data Center 
(DMDC), 1137 Branchton Road, Boyers, PA 16020-0168.''

Categories of individuals covered by the system:
    Delete entry and replace with ``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 non-appropriated 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 and had an investigation initiated by the 
Defense Security Service before 3 February 2006.''

Categories of records in the system:
    Delete entry and replace with ``Name; Social Security Number (SSN); 
date of birth; gender; aliases; official reports of investigation 
(ROIs) prepared by 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, polygraph technical reports, 
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.
    Defense Manpower Data Center file administration and management 
documents accounting for the disclosure of, control of, and access to a 
file.''

Authority for maintenance of the system:
    Delete entry and replace with ``10 U.S.C. 615, Armed Forces, 
Information furnished to selection boards; E.O. 10450, Security 
Requirements for Government Employment; DoD Directive 5200.2, 
Department of Defense Personnel Security Program; DoD Directive 5200.27 
(Section 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 
Review Program; DoD Instruction 5220.28, Application of Special 
Eligibility and Clearance Requirements in the SIOP-ESI Program for 
Contractor Employees; DoD Instruction 5210.91, Polygraph and 
Credibility Assessment (PCA) Procedures; and E.O. 9397 (SSN), as 
amended.''

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.
    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.''
* * * * *

Storage:
    Delete entry and replace with ``Paper file folders, microfiche, and 
electronic storage media.''
* * * * *

Retention and disposal:
Delete entry and replace with ``Retention of closed investigative files 
is authorized for 15 years, except as follows:
    (1) Files which have resulted in final adverse action against an 
individual will be retained 25 years;
    (2) Polygraph technical reports and physiological test data are 
disposition pending. Until the National Archives and Records 
Administration approves a retention and disposal schedule, records will 
be treated as permanent.''

System manager(s) and address:
    Delete entry and replace with ``Deputy Director for Identity and 
Personnel Assurance, Defense Manpower Data Center, 1600 Wilson 
Boulevard, Suite 400, Arlington VA 22209-2593.''

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: DMDC Boyers, Privacy Act Office, P.O. Box 
168, Boyers, PA 16020-0168.
    Written requests must contain the full name and SSN of the subject 
individual, along with a return address.

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

[[Page 60814]]

individual for their representative to act on their behalf.''

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 DMDC Boyers, Privacy Act Office, P.O. Box 168, 
Boyers, PA 16020-0168.
    Written requests must contain the full name and SSN and address 
where the records are to be returned.

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.''

Contesting record procedures:
    Delete entry and replace with ``The Office of the Secretary of 
Defense/Joint Staff rules for accessing records, contesting contents, 
and appealing initial agency determinations are contained in Office of 
the Secretary of Defense Administrative Instruction 81; 32 CFR part 
311; or may be obtained from the system manager.''
* * * * *

Exemptions claimed for the system:
    Delete entry and replace with ``Investigatory material compiled for 
law enforcement purposes 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 such information 
except to the extent that disclosure would reveal the identity of a 
confidential source.
    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 311. For additional 
information contact the system manager.''
DMDC 11 DoD

System name:
    Investigative Records Repository.

System location:
    Defense Manpower Data Center (DMDC), 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 non-
appropriated 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 and had an investigation initiated by the Defense Security 
Service before 3 February 2006.

Categories of records in the system:
    Name; Social Security Number (SSN); date of birth; gender; aliases; 
official reports of investigation (ROIs) prepared by 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, polygraph technical reports, 
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.
    Defense Manpower Data Center file administration and management 
documents accounting for the disclosure of, control of, and access to a 
file.

Authority for maintenance of the system:
    10 U.S.C. 615, Armed Forces, Information furnished to selection 
boards; E.O. 10450, Security Requirements for Government Employment; 
DoD Directive 5200.2, Department of Defense Personnel Security Program; 
DoD Directive 5200.27 (Section 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 Review Program; DoD Instruction 5220.28, Application of 
Special Eligibility and Clearance Requirements in the SIOP-ESI Program 
for Contractor Employees; DoD Instruction 5210.91, Polygraph and 
Credibility Assessment (PCA) Procedures; and E.O. 9397 (SSN), as 
amended.

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.
    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

[[Page 60815]]

security matters is reported by Information Summary Report.
    The DoD `Blanket Routine Uses' published at the beginning of the 
Office of the Secretary of Defense 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:
    Paper file folders, microfiche, and electronic storage media.

Retrievability:
    Information is retrieved by SSN.

Safeguards:
    Completed investigative records are stored in secured areas 
accessible only to authorized DMDC personnel who have a need-to-know. 
Paper records and microfiche are maintained in safes and locked rooms 
and electronic records are protected from access by `fail-safe' system 
software. The entire building housing these records is protected by 
guards 24-hours a day, and all visitors must register through the site 
security office.

Retention and disposal:
Retention of closed investigative files is authorized for 15 years, 
except as follows:
    (1) Files which have resulted in final adverse action against an 
individual will be retained 25 years;
    (2) Polygraph technical reports and physiological test data are 
disposition pending. Until the National Archives and Records 
Administration approves a retention and disposal schedule, records will 
be treated as permanent.

System manager(s) and address:
    Deputy Director for Identity and Personnel Assurance, Defense 
Manpower Data Center, 1600 Wilson Boulevard, Suite 400, Arlington, VA 
22209-2593.

Notification procedures:
    Individuals seeking to determine whether information about 
themselves is contained in this system should send written inquiries 
to: DMDC Boyers, Privacy Act Office, P.O. Box 168, Boyers, PA 16020-
0168.
    Written requests must contain the full name and SSN of the subject 
individual, along with a return address.

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.

Record access procedures:
    Individuals seeking access to information about themselves 
contained in this system must send written signed inquiries to DMDC 
Boyers, Privacy Act Office, P.O. Box 168, Boyers, PA 16020-0168.
    Written requests must contain the full name and SSN and address 
where the records are to be returned.

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.

Contesting record procedures:
    The Office of the Secretary of Defense/Joint Staff rules for 
accessing records, contesting contents, and appealing initial agency 
determinations are contained in Office of the Secretary of Defense 
Administrative Instruction 81; 32 CFR part 311; or may be obtained from 
the system manager.

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 
investigation.
    Directories, rosters, and correspondence.
    Any other type of record deemed necessary to complete the 
investigation.

Exemptions claimed for the system:
    Investigatory material compiled for law enforcement purposes 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 such information except to the extent that 
disclosure would reveal the identity of a confidential source.
    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 311. For additional 
information contact the system manager.

[FR Doc. 2011-25175 Filed 9-29-11; 8:45 am]
BILLING CODE 5001-06-P