Privacy Act of 1974; System of Records, 39032-39035 [2016-14182]

Agencies

• DEPARTMENT OF DEFENSE
• Office of the Secretary

[Federal Register Volume 81, Number 115 (Wednesday, June 15, 2016)]
[Notices]
[Pages 39032-39035]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-14182]


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DEPARTMENT OF DEFENSE

Office of the Secretary

[Docket ID: DOD-2016-OS-0064]


Privacy Act of 1974; System of Records

AGENCY: Office of the Secretary of Defense, DoD.

ACTION: Notice to add a System of Records.

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SUMMARY: The Office of the Secretary of Defense proposes to add a 
system of records, DMDC 24 DoD, entitled ``Defense Information System 
for Security (DISS).'' The Office of the Secretary of Defense proposes 
to establish a new system of records to serve as the Department of 
Defense enterprise-wide information system for personnel security, 
providing a common, comprehensive medium to request, record, document, 
and identify personnel security actions within the Department 
including: Determinations of eligibility and access to classified 
information, national security, suitability and/or fitness for 
employment, and HSPD-12 determination for Personal Identity 
Verification (PIV) to access government facilities and systems, 
submitting adverse information, verification of investigation and/or 
adjudicative status, support of continuous evaluation and insider 
threat, prevention, and mitigation activities.
    DISS consists of two applications, the Case Adjudication Tracking 
system (CATS) and the Joint Verification System (JVS). CATS is used by 
the DoD Adjudicative Community for the purpose of recording eligibility 
determinations. JVS is used by DoD Security Managers and Industry 
Facility Security Officers for the purpose of verifying eligibility, 
recording 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.

DATES: Comments will be accepted on or before July 15, 2016. This 
proposed action will be effective the day 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 for Oversight and Compliance, 4800 Mark 
Center Drive, Mailbox #24, Alexandria, VA 22350-1700.
    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: Mrs. Luz D. Ortiz, Chief, Records, 
Privacy and Declassification Division (RPD2), 1155 Defense Pentagon, 
Washington, DC 20301-1155, or by phone at (571) 372-0478.

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 
or at https://dpcld.defense.gov/. The proposed system report, as 
required by 5 U.S.C. 552a(r) of the Privacy Act of 1974, as amended, 
was submitted on May 19, 2016, 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: May 24, 2016
Aaron Siegel,
Alternate OSD Ferderal
DMDC 24 DoD

SYSTEM NAME:
    Defense Information System for Security (DISS)

SYSTEM LOCATION:
    Defense Manpower Data Center (DMDC), DoD Center Monterey Bay, 400 
Gigling Road, Seaside, CA 93955-6771.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    All Armed Forces personnel; DoD and U.S. Coast Guard civilian 
personnel, contractor employees, and applicants; other federal 
personnel with authorized access to DISS or for reciprocity purposes; 
``affiliated'' personnel (e.g.,

[[Page 39033]]

Non-Appropriated Fund employees, Red Cross volunteers and staff, USO 
personnel, and congressional staff members); industry personnel 
requiring DISS access for personnel security purposes; and individuals 
with access to National Security Information (NSI), Sensitive 
Compartmented Information and/or assignment to a sensitive position.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Name (current, former and alternate names); Social Security Number 
(SSN); DoD Identification Number (DoD ID); date of birth; place of 
birth; gender; marital status; personal cell and home telephone number; 
personal email address; country of citizenship; type of DoD 
affiliation; employing activity; current employment status; photo; 
position sensitivity; personnel security investigative basis; status of 
current adjudicative action; security clearance eligibility status and 
access status; suitability and/or fitness determination for employment 
eligibility status, HSPD-12 determination for Personnel Identity 
Verification (PIV) eligibility status; whether eligibility 
determination was based on a condition (personal, medical, or 
financial), deviation or waiver of prescribed investigative standards 
or adjudication guidelines; security-related incident reports, to 
include issue files and information identified through continuous 
evaluation which may require additional investigation or adjudication; 
foreign travel and foreign contacts; self-reported information; 
eligibility recommendations or decisions made by an appellate 
authority, Department of Hearings and Appeals (DOHA), and/or Component 
Personnel Security Appeals Boards for due process; non-disclosure 
execution dates; indoctrination date(s); level(s) of access granted; 
and debriefing date(s) and reasons for debriefing. Records documenting 
investigation status, adjudications, and outcomes conducted by Federal 
investigative organizations (e.g., U.S. Office of Personnel Management 
(OPM), Central Intelligence Agency, etc.) or DoD agencies; Continuous 
Evaluation flags and/or locator references to such investigations. 
Investigative file is available to adjudicators only.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    5 U.S.C. 9101, Access to Criminal History Records for National 
Security and Other Purposes; 10 U.S.C. 137, Under Secretary of Defense 
for Intelligence; E.O. 12333, United States Intelligence Activities; 
E.O. 12829, National Industrial Security Program; E.O. 10450, Security 
Requirements for Government Employment; E.O. 10865, Safeguarding 
Classified Information Within Industry; E.O. 13467, Reforming Processes 
Related to Suitability for Government Employment, Fitness for 
Contractor Employees, and Eligibility for Access to Classified National 
Security Information; E.O. 12968, Access to Classified Information; 
E.O. 13488, Granting Reciprocity on Excepted Service and Federal 
Contractor Employee Fitness and Reinvestigating Individuals in 
Positions of Public Trust; E.O. 13587, Structural Reforms to Improve 
the Security of Classified Networks and the Responsible Sharing and 
Safeguarding of Classified Information; DoD Instruction (DoDI) 1400.25, 
Volume 731, DoD Civilian Personnel Management System: Suitability and 
Fitness Adjudication for Civilian Employees; DoD Directive (DoDD) 
5205.16, The DoD Insider Threat Program; DoDD 1145.02E, United States 
Military Entrance Processing Command (USMEPCOM); DoD 5200.2-R, 
Department of Defense Personnel Security Program; DoD Manual 5105.21, 
Volume 1, Sensitive Compartmented Information (SCI) Administrative 
Security Manual: Administration of Information and Information Systems 
Security; 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); DoDI 5200.46, DoD Investigative and Adjudicative 
Guidance for Issuing the Common Access Card (CAC); 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):
    DISS is a DoD enterprise information system for personnel security, 
providing a common, comprehensive medium to request, record, document, 
and identify personnel security actions within the Department 
including: Determinations of eligibility and access to classified or 
national security information, suitability, and/or fitness for 
employment, and HSPD-12 determination for Personal Identity 
Verification (PIV) to access government facilities and systems, 
submitting adverse information, verification of investigation and/or 
adjudicative status, support of continuous evaluation and insider 
threat detection, prevention, and mitigation activities.
    DISS consists of two applications, the Case Adjudication Tracking 
system (CATS) and the Joint Verification System (JVS). CATS is used by 
the DoD Adjudicative Community for the purpose of recording eligibility 
determinations. JVS is used by DoD Security Managers and Industry 
Facility Security Officers for the purpose of verifying eligibility, 
recording 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:
    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, with the exception of U.S. Office of Personnel Management (OPM) 
Federal Investigative Services (FIS) records which must be requested 
directly from OPM FIS, 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 
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 an active Facility Clearance and 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

[[Page 39034]]

information that relates to and/or may impact its employees eligibility 
to have a security clearance and/or access to classified national 
security information.
    To disclose information to contractors, grantees, experts, 
consultants, or volunteers performing or working on a contract, 
service, or job for the Federal Government. Such recipients shall be 
required to comply with the Privacy Act of 1974, as amended.
    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.
    To the Department of Justice when: (a) The agency or any component 
thereof; or (b) any employee of the agency in his or her official 
capacity; or (c) any employee of the agency in his or her individual 
capacity where the Department of Justice has agreed to represent the 
employee; or (d) the United States Government, is a party to litigation 
or has interest in such litigation, and by careful review, the agency 
determines that the records are both relevant and necessary to the 
litigation and the use of such records by the Department of Justice is 
therefore deemed by the agency to be for a purpose that is compatible 
with the purpose for which the agency collected the records.
    To a court or adjudicative body in a proceeding when: (a) The 
agency or any component thereof; or (b) any employee of the agency in 
his or her official capacity; or (c) any employee of the agency in his 
or her individual capacity where the Department of Justice has agreed 
to represent the employee; or (d) the United States Government is a 
party to litigation or has interest in such litigation, and by careful 
review, the agency determines that the records are both relevant and 
necessary to the litigation and the use of such records is therefore 
deemed by the agency to be for a purpose that is compatible with the 
purpose for which the agency collected the records.
    To a Federal, State, local, foreign, tribal, or other public 
authority the fact that this system of records contains information 
relevant to the retention of an employee, or the retention of a 
security clearance, contract, license, grant, or other benefit. The 
other agency or licensing organization may then make a request 
supported by written consent of the individual for the entire record if 
it so chooses. No disclosure will be made unless the information has 
been determined to be sufficiently reliable to support a referral to 
another office within the agency or to another Federal agency for 
criminal, civil, administrative personnel, or regulatory action.
    Private Relief Legislation Routine Use: Relevant information 
contained in all systems of records of the Department of Defense 
published on or before August 22, 1975, will be disclosed to the Office 
of Management and Budget (OMB) in connection with the review of private 
relief legislation as set forth in OMB Circular A-19, at any stage of 
the legislative coordination and clearance process as set forth in that 
Circular.
    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.
    Disclosure of information to the National Archives and Records 
Administration Routine Use: A record from a system of records 
maintained by a DoD Component may be disclosed as a routine use to the 
National Archives and Records Administration for the purpose of records 
management inspections conducted under authority of 44 U.S.C. 2904 and 
2906.
    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.
    Data Breach Remediation Purposes Routine Use. A record from a 
system of records maintained by a Component may be disclosed to 
appropriate agencies, entities, and persons when (1) The Component 
suspects or has confirmed that the security or confidentiality of the 
information in the system of records has been compromised; (2) the 
Component has determined that as a result of the suspected or confirmed 
compromise there is a risk of harm to economic or property interests, 
identity theft or fraud, or harm to the security or integrity of this 
system or other systems or programs (whether maintained by the 
Component or another agency or entity) that rely upon the compromised 
information; and (3) the disclosure made to such agencies, entities, 
and persons is reasonably necessary to assist in connection with the 
Components efforts to respond to the suspected or confirmed compromise 
and prevent, minimize, or remedy such harm.
    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 may apply to this system. The complete list of DoD 
Blanket Routine Uses can be found online at: https://dpcld.defense.gov/Privacy/SORNsIndex/BlanketRoutineUses.aspx.

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, 
AND DISPOSING OF RECORDS IN THE SYSTEM:


[[Page 39035]]

STORAGE:
    Electronic storage media and paper records.

RETRIEVABILITY:
    Information is retrieved by SSN, DoD ID number, name, date of 
birth, state and/or country of birth, or some combination thereof.

SAFEGUARDS:
    Access to personal information is restricted to those who require 
the records in the performance of their official duties, who are 
appropriately screened, investigated, and determined eligible for 
access. Access to personal information is further restricted by the use 
of Personal Identity Verification (PIV) cards for JVS and CATS. Access 
to self-report information by the subject is available by the use of a 
PIV. Physical entry is restricted by the use of locks, guards, and 
administrative procedures. All individuals granted access to DISS must 
complete initial Information Assurance and Privacy Act training and 
annually thereafter; and all have been through the information 
technology and/or security clearance eligibility process.

RETENTION AND DISPOSAL:
    Records are destroyed no later than 16 years after termination of 
affiliation with the DoD, from the date of closing or the date of the 
most recent investigative activity, whichever is later except for 
investigations involving potentially actionable issue(s) which will be 
maintained for 25 years from the date of closing or the date of the 
most recent investigative activity.
    For OPM FIS investigative reports within CATS, those records will 
be maintained in accordance with General Records Schedule 18 part 22 
(a), and destroyed upon notice of death or not later than 5 years after 
the subject has separated/transferred.

SYSTEM MANAGER(S) AND ADDRESS:
    Deputy Director for Identity, Defense Manpower Data Center, 4800 
Mark Center, Alexandria, VA 22350-4000.

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.
    Signed, written requests must contain the full name (and any alias 
and/or alternate names used), SSN, DoD ID Number, and date and place of 
birth.

RECORD 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.
    Signed, written request must contain their full name (and any alias 
and/or alternate names used), SSN, DoD ID Number, 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.
    Note: Information generated, authored, or compiled by Another 
Government Agency (AGA) that is relevant to the purpose of the record 
may be incorporated into the record. In such instances that information 
will be referred to the originating entity for direct response to the 
requester, or contact information and record access procedures for the 
AGA will be provided to the requester.

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.

RECORD SOURCE CATEGORIES:
    Information contained in this system is obtained from the 
individual (e.g. SF-85, Questionnaire for Non-Sensitive Positions, SF-
85P, Questionnaire for Public Trust Positions, SF-86, Questionnaire for 
the National Security Positions, or self-reported information); DoD 
personnel systems (e.g. Defense Enrollment Eligibility Reporting 
System; Defense Civilian Personnel Data System; Electronic Military 
Personnel Record System, etc.); continuous evaluation records; DoD and 
federal adjudicative facilities/organizations; investigative agencies 
(e.g. Office of Personnel Management (OPM) Federal Investigative 
Services (FIS); 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, criminal or civil investigations, security 
representatives, subject's personal financial records, military service 
records, travel 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. 2016-14182 Filed 6-14-16; 8:45 am]
 BILLING CODE 5001-06-P