Privacy Act of 1974; System of Records, 19287-19290 [2015-08220]

Agencies

• DEPARTMENT OF DEFENSE
• Office of the Secretary

[Federal Register Volume 80, Number 69 (Friday, April 10, 2015)]
[Notices]
[Pages 19287-19290]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-08220]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF DEFENSE

Office of the Secretary

[Docket ID: DoD-2015-OS-0031]


Privacy Act of 1974; System of Records

AGENCY: Office of the Secretary of Defense, DoD.

ACTION: Notice to alter a System of Records.

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

SUMMARY: The Office of the Secretary of Defense proposes to alter a 
system of records, DMDC 12 DoD, entitled ``Joint Personnel Adjudication 
System (JPAS)'' in its inventory of record systems subject to the 
Privacy Act of 1974, as amended. This system is a DoD enterprise 
automated system for personnel security, providing a common, 
comprehensive medium to record, document, and identify personnel 
security actions within the Department including submitting adverse 
information, verification of clearance status (to include grants of 
interim clearances), requesting investigations, and supporting 
Continuous Evaluation activities.

DATES: Comments will be accepted on or before May 11, 2015. This 
proposed action will be effective the date following the end of the 
comment period 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: Department of Defense, Office of the Deputy Chief 
Management Officer, Directorate of Oversight and

[[Page 19288]]

Compliance, Regulatory and Audit Matters Office, 9010 Defense Pentagon, 
Washington, DC 20301-9010.
    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 Service, 1155 Defense Pentagon, Washington, DC 20301-1155, 
or by phone at (571) 372-0461.

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 the FOR FURTHER INFORMATION 
CONTACT section or at the Defense Privacy and Civil Liberties Division 
Web site at https://dpcld.defense.gov/.
    The proposed system report, as required by U.S.C. 552a(r) of the 
Privacy Act of 1974, as amended, was submitted on April 1, 2015, 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 6, 2015.
Aaron Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
DMDC 12 DoD
    Joint Personnel Adjudication System (JPAS), (May 3, 2011, 76 FR 
24863).

Changes:
* * * * *

Categories of individuals covered by the system:
    Delete entry and replace with ``All Armed Forces personnel; DoD and 
U.S. Coast Guard civilian, contractor employees, and applicants; other 
federal personnel with authorized access to JPAS or for reciprocity 
purposes; ``affiliated'' personnel (e.g., Non-Appropriated Fund 
employees, Red Cross volunteers and staff, USO personnel, and 
congressional staff members); industry personnel requiring JPAS access 
for personnel security purposes; and foreign nationals requiring 
fitness determination, Homeland Security Presidential Directive 12 
(HSPD-12) access, access to National Security Information (NSI), 
Sensitive Compartmented Information and/or assignment to a sensitive 
position.''

Categories of records in the system:
    Delete entry and replace with ``Name (current, former and alternate 
names); Social Security Number (SSN); DoD Identification Number (DoD ID 
Number); 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 status 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 and information identified through continuous 
evaluation which may require additional adjudication; foreign travel 
and contacts; self-reported information; 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. Entries documenting the outcomes of 
investigations and adjudications conducted by Federal investigative 
organizations (e.g., U.S. Office of Personnel Management (OPM), Federal 
Bureau of Investigation (FBI), National Aeronautics and Space 
Administration (NASA), etc.) or by DoD agencies for continuous 
evaluation and locator references to such investigations. Entries 
documenting fitness determinations, HSPD-12 access, and continuous 
evaluation adverse information flags of the subject.''

Authority for maintenance of the system:
    Delete entry and replace with ``5 U.S.C. 9101, Access to Criminal 
History Information for National Security and Other Purposes; 10 U.S.C. 
137, Under Secretary of Defense for Intelligence; DoD Directive 
1145.02E, United States Military Entrance Processing Command 
(USMEPCOM); DoD 5200.2R, DoD Personnel Security Program (PSP); DoD 
5105.21, Sensitive Compartment Information Administrative Security 
Manual; DoD Instruction (DoDI) 1304.26, Qualification Standards for 
Enlistment, Appointment and Induction; DoDI 5200.02, DoD Personnel 
Security Program (PSP); DoDD 5220.6, Defense Industrial Personnel 
Security Clearance Review Program; DoDI 5220.22, National Industrial 
Security Program (NISP); Homeland Security Presidential Directive 
(HSPD) 12, Policy for Common Identification Standard for Federal 
Employees and Contractors; and E.O. 9397 (SSN), as amended.''

Purpose(s):
    Delete entry and replace with ``JPAS is a DoD enterprise automated 
system for personnel security, providing a common, comprehensive medium 
to record, document, and identify personnel security actions within the 
Department including submitting adverse information, verification of 
clearance status (to include grants of interim clearances), requesting 
investigations, and supporting Continuous Evaluation activities.
    JPAS consists of two applications, the Joint Adjudication 
Management System (JAMS) and the Joint Clearance and Access 
Verification System (JCAVS). JAMS, primarily used by the DoD 
Adjudicative Community, has the primary purpose of recording 
eligibility determinations. JCAVS, primarily used by DoD Security 
Managers and Industry Facility Security Officers, has the primary 
purpose of verifying eligibility, record access determinations, 
submitting incidents for subsequent adjudication, and visit requests 
from the field (worldwide).
    These records may also be used as a management tool for statistical 
analyses, tracking, reporting, evaluating program effectiveness and 
conducting research.''

Routine uses of records maintained in the system, including categories 
of users and the purposes of such uses:
    Delete entry and replace with ``In addition to disclosures 
generally permitted under 5 U.S.C. 552a(b) of the Privacy Act of 1974, 
as amended, the records contained herein may specifically be disclosed 
outside the DoD as follows:
    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 a Federal agency and its employees who are eligible to have a

[[Page 19289]]

security clearance and/or have access to classified national security 
information in order to ensure that the agency is informed about 
information that relates to and/or impacts its employees' eligibility 
to have a security clearance and/or access to classified national 
security information.
    To a Federal agency with contractor personnel who are eligible to 
have a security clearance and/or have access to classified national 
security information in order to ensure that the agency is informed 
about information that relates to and/or may impact the contractor's 
eligibility to have a security clearance and/or access to classified 
national security information.
    To a contractor with employees who are eligible to have a security 
clearance and/or have access to classified national security 
information in order to ensure that the employer is informed about 
information that relates to and/or may impact its employees eligibility 
to have a security clearance and/or access to classified national 
security information.

Law Enforcement Routine Use:
    If a system of records maintained by a DoD Component to carry out 
its functions indicates a violation or potential violation of law, 
whether civil, criminal, or regulatory in nature, and whether arising 
by general statute or by regulation, rule, or order issued pursuant 
thereto, the relevant records in the system of records may be referred, 
as a routine use, to the agency concerned, whether federal, state, 
local, or foreign, charged with the responsibility of investigating or 
prosecuting such violation or charged with enforcing or implementing 
the statute, rule, regulation, or order issued pursuant thereto.

Disclosure When Requesting Information Routine Use:
    A record from a system of records maintained by a DoD Component may 
be disclosed as a routine use to a federal, state, or local agency 
maintaining civil, criminal, or other relevant enforcement information 
or other pertinent information, such as current licenses, if necessary 
to obtain information relevant to a DoD Component decision concerning 
the hiring or retention of an employee, the issuance of a security 
clearance, the letting of a contract, or the issuance of a license, 
grant, or other benefit.

Disclosure of Requested Information Routine Use:
    A record from a system of records maintained by a DoD Component may 
be disclosed to a federal agency, in response to its request, in 
connection with the hiring or retention of an employee, the issuance of 
a security clearance, the reporting of an investigation of an employee, 
the letting of a contract, or the issuance of a license, grant, or 
other benefit by the requesting agency, to the extent that the 
information is relevant and necessary to the requesting agency's 
decision on the matter.

Congressional Inquiries Disclosure Routine Use:
    Disclosure from a system of records maintained by a DoD Component 
may be made to a congressional office from the record of an individual 
in response to an inquiry from the congressional office made at the 
request of that individual.

Disclosure to the Office of Personnel Management Routine Use:
    A record from a system of records subject to the Privacy Act and 
maintained by a DoD Component may be disclosed to the Office of 
Personnel Management (OPM) concerning information on pay and leave, 
benefits, retirement deduction, and any other information necessary for 
the OPM to carry out its legally authorized government-wide personnel 
management functions and studies.

Counterintelligence Purpose Routine Use:
    A record from a system of records maintained by a DoD Component may 
be disclosed as a routine use outside the DoD or the U.S. Government 
for the purpose of counterintelligence activities authorized by U.S. 
Law or Executive Order or for the purpose of enforcing laws which 
protect the national security of the United States.
    The DoD Blanket Routine Uses set forth at the beginning of the 
Office of the Secretary, DoD/Joint Staff compilation of systems of 
records notices may apply to this system. The complete list of DoD 
blanket routine uses can be found at: https://dpcld.defense.gov/Privacy/
SORNsIndex/BlanketRoutineUses.aspx''
* * * * *

Retrievability:
    Delete entry and replace with ``Information is generally retrieved 
by SSN. However, access to certain functions may require a combination 
of SSN, DoD ID number, name, date of birth, and/or state and/or country 
of birth.''

Safeguards:
    Delete entry and replace with ``Access to personal information is 
restricted to those who require the records in the performance of their 
official duties. Access to personal information is further restricted 
by the use of Personal Identity Verification (PIV) cards. Physical 
entry is restricted by the use of locks, guards, and administrative 
procedures. All individuals granted access to this system of records 
are to have taken annual Information Assurance and Privacy Act 
training; and all have been through the vetting process.''

Retention and disposal:
    Delete entry and replace with ``Records are destroyed no later than 
15 continuous years after termination of affiliation with the DoD.''

System manager(s) and address:
    Delete entry and replace with ``Director, Defense Manpower Data 
Center, 4800 Mark Center, Alexandria, VA 22350-4000.
    Deputy Director, Defense Manpower Data Center, DoD Center Monterey 
Bay, 400 Gigling Road, Seaside, CA 93955-6771.''
* * * * *

Record access procedures:
    Delete entry and replace with ``Individuals seeking information 
about themselves 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.
    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 outside 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 source categories:
    Delete entry and replace with ``Information contained in this 
system is

[[Page 19290]]

obtained from the individual; DoD personnel systems; Consolidated 
Adjudication Tracking System (CATS); Continuous Evaluation Records; DoD 
and federal adjudicative facilities/organizations; DoD and Non-DoD 
agencies; and security managers, security officers, or other officials 
requesting and/or sponsoring the security eligibility or suitability 
determination or visitation of facility. Additional information may be 
obtained from other sources such as personnel security investigations, 
security representatives, subject's personal financial records, 
military service records, medical records, and unsolicited sources.''
* * * * *
[FR Doc. 2015-08220 Filed 4-9-15; 8:45 am]
 BILLING CODE 5001-06-P