Privacy Act of 1974; System of Records, 26254-26256 [2012-10652]

Agencies

• DEPARTMENT OF DEFENSE
• Office of the Secretary

[Federal Register Volume 77, Number 86 (Thursday, May 3, 2012)]
[Notices]
[Pages 26254-26256]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-10652]


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

DEPARTMENT OF DEFENSE

Office of the Secretary

[Docket ID DoD-2012-OS-0031]


Privacy Act of 1974; System of Records

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

ACTION: Notice to add a new system of records.

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

SUMMARY: The National Security Agency/Central Security Service proposes 
to add a new 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 will be effective on June 4, 2012 unless

[[Page 26255]]

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, 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. Anne Hill, 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, or by phone at (301) 688-6527.

SUPPLEMENTARY INFORMATION: The National Security Agency/Central 
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 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 
March 16, 2012 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: April 18, 2012.
Patricia Toppings,
OSD Federal Register Liaison Officer, Department of Defense.
GNSA 29

System name:
    NSA/CSS Office of Inspector General Investigations and Complaints.

System location:
    National Security Agency/Central Security Service, 9800 Savage 
Road, Ft. George G. Meade, MD 20755-6000.

Categories of individuals covered by the system:
    Persons who are interviewed by or provide information to the Office 
of the Inspector General; persons who are the subjects of Inspector 
General reviews, inquiries, or investigations; persons involved with 
matters under investigation by the Office of the Inspector General, and 
persons who have filed grievances with the Office of the Inspector 
General.

Categories of records in the system:
    Individual's name, Social Security Number (SSN), employee 
identification number, date of birth, place of birth, and investigative 
case number. Investigative files, hotline complaints, inquiries, and/or 
investigative reports pertaining to complaints, allegations of fraud, 
waste, abuse, mismanagement, malfeasance, or reprisal as pertaining to 
NSA/CSS personnel, procedures, policies, or programs. Files may contain 
Reports of Investigation; testimony; rights waivers; letters; emails; 
memoranda; and working papers regarding, developed, or obtained as a 
result of investigation or complaint wherein someone has made 
allegations involving fraud, waste, abuse, mismanagement, employee 
misconduct, reprisal, or other matters involving alleged violations of 
law, rules or regulations pertaining to NSA/CSS personnel, programs, 
and/or procedures.
    Letters/transcriptions of complaints, allegations and queries, 
letters of appointment, reports of reviews, inquiries and 
investigations with supporting attachments; exhibits and photographs, 
record of interviews, witness statements, agent notes, confidential 
source documents, subpoenas, reports of legal review of case files, 
congressional responses, memoranda, letters of rebuttal from subjects 
of investigations, financial documentation, personnel information, 
administrative information, adverse information, and technical reports.

Authority for maintenance of the system:
    Public Law 95-452, The Inspector General Act of 1978, as amended; 
DoD Directive 5106.04, Combatant Command Inspectors General; NSA/CSS 
Office of the Inspector General (NSA/CSS Policy 1-60); Whistleblower 
Protection (NSA/CSS Policy 1-62); and E.O. 9397 (SSN), as amended.

Purpose(s):
    Records are used to investigate allegations of misconduct or 
wrongdoing by NSA/CSS personnel related to violations of laws, rules, 
or regulations or pertaining to mismanagement, waste of funds, fraud or 
mismanagement on the part of persons assigned or detailed to NSA/CSS 
and to provide information to NSA/CSS management regarding personnel 
matters and for evaluating current and proposed programs, policies, and 
activities, assignments, and requests for awards or promotions.
    Records are used to effect corrective personnel or other 
administrative action; to provide facts and evidence upon which to base 
prosecution; to provide information to other investigative elements of 
the Department of Defense, other Federal, State, or local agencies 
having jurisdiction over the substances of the allegations or a related 
investigative interest; to provide information upon which 
determinations may be made for individuals' suitability for various 
personnel actions including but not limited to retention, promotion, 
assignment, retirement, or selection for sensitive or critical 
positions in the Armed Forces or Federal service.

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 may specifically be 
disclosed outside the DoD as a routine use pursuant to 5 U.S.C. 
552a(b)(3) as follows:
    To appropriate officials within the Intelligence Community and 
other Federal departments, agencies, inspectors general, and elements 
thereof to the extent that the records concern NSA/CSS funds, 
personnel, property programs, operations, or contracts or when relevant 
to the official responsibilities of those organizations and entities, 
regarding personnel matters, and to evaluate current and proposed 
programs, policies and activities, selected assignments and requests 
for awards or promotions.
    To Federal, state, local, foreign or international agencies, or to 
an individual or organization, when necessary to elicit information 
relevant to an NSA/CSS Inspector General investigation, inquiry, 
decision, or recommendation.
    To the Department of Justice or any other agency responsible for 
representing NSA/CSS interests in connection with a judicial, 
administrative, or other proceeding.
    To the Department of Justice or other Intelligence Community 
Inspector General or agency to the extent necessary to obtain 
information or advice on any matter relevant to an

[[Page 26256]]

Office of the Inspector General investigation.
    To the President's Foreign Intelligence Advisory Board and the 
Intelligence Oversight Board, and any successor organizations, when 
requested by those entities, or when the Inspector General determines 
that disclosure will assist in the performance of their oversight 
functions.
    Records in the system may be disclosed to members of the 
President's Council on Integrity and Efficiency or the Executive 
Council on Integrity and Efficiency for peer review and the preparation 
of reports to the President and Congress on the activities of the 
Inspectors General.
    The DoD `Blanket Routine Uses' published at the beginning of the 
NSA/CSS's compilation of systems of records also apply to this records 
system.

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

Retrievability:
    By name, Social Security Number (SSN), employee identification 
number, or investigative case number. Information may be retrieved from 
this system of records by automated or hand searches based on existing 
indices, and by automated means utilized in the normal course of 
business.

Safeguards:
    Buildings are secured by a series of guarded pedestrian gates and 
checkpoints. Access to facilities is limited to security-cleared 
personnel and escorted visitors only. Inside the offices housing Office 
of Inspector General records, paper/hard-copy records are stored in 
locked containers with limited access, and access to electronic records 
is limited and controlled by password.

Retention and disposal:
    Formal investigations: Temporary, stored at NSA/CSS, and destroyed 
when 65 years old.

Complaints about an employee (not requiring a formal Agency 
investigation):
    Temporary, maintained at NSA/CSS and destroyed two years after 
employee separates from NSA/CSS.
    Records are destroyed by pulping, burning, shredding, or erasure or 
destruction of magnetic media.

System manager(s) and address:
    Inspector General, National Security Agency/Central Security 
Service, 9800 Savage Road, Fort George G. Meade, Maryland 20755-6000.

Notification procedures:
    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, Suite 6248, Ft. 
George G. Meade, Maryland 20755-6248.
    Written inquiries should contain the individual's full name, Social 
Security Number (SSN), mailing address, and signature.

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, Suite 6248, Ft. 
George G. Meade, Maryland 20755-6248.
    Written inquiries should contain the individual's full name, Social 
Security Number (SSN), mailing address, and signature.

Contesting record procedures:
    The NSA/CSS rules for contesting contents and appealing initial 
agency determinations are published at 32 CFR Part 322 or may be 
obtained from the system manager.

Record source categories:
    Information is supplied by the individual making the complaint; 
personnel records and documentation; subjects and suspects of NSA/CSS 
investigations; and interviews of witnesses, victims, and confidential 
sources. Record sources also include all types of records and 
information maintained by all levels of government, private industry, 
and non-profit organizations reviewed during the course of the 
investigation or furnished the NSA/CSS; and any other type of record 
deemed necessary to complete the NSA/CSS investigation.

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 any 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 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. NOTE: 
When claimed, this exemption allows limited protection of investigative 
reports maintained in a system of records used in personnel or 
administrative actions.
    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 records system has been promulgated 
according to the 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 the system manager.

[FR Doc. 2012-10652 Filed 5-2-12; 8:45 am]
BILLING CODE 5001-06-P