Privacy Act of 1974; System of Records, 53176-53180 [2024-13825]
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53176
Federal Register / Vol. 89, No. 122 / Tuesday, June 25, 2024 / Notices
The PRG was established pursuant to
the requirements of the National
Historic Preservation Act (NHPA) and
its implementing regulations to plan for
the decommissioning and disposition of
the Nuclear Ship Savannah (NSS). PRG
membership is comprised of officials
from the U.S. Department of
Transportation, MARAD, the U.S.
Nuclear Regulatory Commission (NRC),
the Advisory Council on Historic
Preservation (ACHP), and the Maryland
State Historic Preservation Officer
(SHPO) and other consulting parties.
FOR FURTHER INFORMATION CONTACT:
Erhard W. Koehler, (202) 680–2066 or
via email at marad.history@dot.gov. You
may send mail to N.S. Savannah/
Savannah Technical Staff, Pier 13
Canton Marine Terminal, 4601 Newgate
Avenue, Baltimore, MD 21224, ATTN:
Erhard Koehler.
SUPPLEMENTARY INFORMATION:
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I. Background
The decommissioning and disposition
of the NSS is an Undertaking under
Section 106 of the NHPA. Section 106
requires that federal agencies consider
views of the public regarding their
Undertakings; therefore, in 2020,
MARAD established a Federal docket at
https://www.regulations.gov/docket/
MARAD-2020-0133 to provide public
notice about the NSS Undertaking. The
federal docket was also used in 2021 to
solicit public comments on the future
uses of the NSS. MARAD is continuing
to use this same docket to take in public
comment, share information, and post
agency actions.
The NHPA Programmatic Agreement
(PA) for the Decommissioning and
Disposition of the NSS is available on
the MARAD docket located at
www.regulations.gov under docket id
‘‘MARAD-2020-0133.’’ The PA
stipulates a deliberative process by
which MARAD will consider the
disposition of the NSS. This process
requires MARAD to make an
affirmative, good-faith effort to preserve
the NSS. The PA also establishes the
PRG in Stipulation II. The PRG is the
mechanism for continuing consultation
during the effective period of the PA
and its members consist of the
signatories and concurring parties to the
PA, as well as other consulting parties.
The PRG members will provide
individual input and guidance to
MARAD regarding the implementation
of stipulations in the PA.
PRG members and members of the
public are invited to provide input by
attending bi-monthly meetings and
reviewing and commenting on
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deliverables developed as part of the
PA.
(Authority: 49 CFR 1.81 and 1.93; 36 CFR
part 800; 5 U.S.C. 552b.)
By Order of the Maritime Administrator.
T. Mitchell Hudson, Jr.,
Secretary, Maritime Administration.
[FR Doc. 2024–13899 Filed 6–24–24; 8:45 am]
BILLING CODE 4910–81–P
DEPARTMENT OF TRANSPORTATION
Office of the Secretary
[Docket No. DOT–OST–2024–0015]
Privacy Act of 1974; System of
Records
Office of the Departmental
Chief Information Officer, Office of the
Secretary of Transportation, Department
of Transportation (DOT).
ACTION: Notice of a modified system of
records.
AGENCY:
In accordance with the
Privacy Act of 1974, the United States
Department of Transportation (DOT),
Office of the Secretary (OST), proposes
to modify and reissue an existing system
of records notice titled ‘‘Department of
Transportation, Office of the Secretary;
DOT/OST 035 Personnel Security
Record System.’’ The system collects
information on DOT employees,
contractors, and members of the public
to track and manage the information and
records necessary to conduct employee
suitability background investigations
and determine eligibility for clearances.
It is also used to maintain
documentation for DOT employees who
attend classified briefings outside of
DOT, and non-DOT individuals
attending meetings at DOT.
DATES: Submit comments on or before
July 25, 2024. The Department may
publish an amended Systems of Records
Notice (hereafter ‘‘Notice’’) in light of
any comments received. This modified
system will be effective immediately
and the modified routine uses will be
effective July 25, 2024.
ADDRESSES: You may submit comments,
identified by docket number DOT–OST–
2024–0015 by one of the following
methods:
• Federal e-Rulemaking Portal:
https://www.regulations.gov. Follow the
instructions for submitting comments.
• Mail: Department of Transportation
Docket Management, Room W12–140,
1200 New Jersey Ave. SE, Washington,
DC 20590.
• Hand Delivery or Courier: West
Building Ground Floor, Room W12–140,
1200 New Jersey Ave. SE, between 9
SUMMARY:
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a.m. and 5 p.m. ET, Monday through
Friday, except Federal holidays.
Instructions: You must include the
agency name and docket number DOT–
OST–2024–0015. All comments
received will be posted without change
to https://www.regulations.gov,
including any personal information
provided.
Privacy Act: Anyone is able to search
the electronic form of all comments
received in any of our dockets by the
name of the individual submitting the
comment (or signing the comment, if
submitted on behalf of an association,
business, labor union, etc.).
Docket: For access to the docket to
read background documents or
comments received, go to https://
www.regulations.gov or to the street
address listed above. Follow the online
instructions for accessing the docket.
FOR FURTHER INFORMATION CONTACT: For
general and privacy questions, please
contact: Karyn Gorman, Departmental
Chief Privacy Officer, Department of
Transportation, S–83, Washington, DC
20590, Email: privacy@dot.gov, Tel.
(202) 366–3140.
SUPPLEMENTARY INFORMATION:
Notice Updates
This Notice includes both substantive
changes and non-substantive changes to
the previously published Notice.
Substantive changes have been made to
the system location, system manager,
authority for maintenance of the system,
purposes, categories of individuals,
categories of records, the record source
categories, the routine uses of records
maintained in the system, policies and
practices for storage of records, policies
and practices for retrieval of records,
policies and practices for retention and
disposal of records, administrative,
technical and physical safeguards.
Non-substantive changes have been
made to record access procedures,
contesting record procedures,
notification procedures, as well as
revisions to align with the requirements
of Office of Management and Budget
Memoranda (OMB) A–108 and to ensure
consistency with other Notices issued
by the Department of Transportation.
Background
In accordance with the Privacy Act of
1974, the Department of Transportation
proposes to update and reissue an
existing system of records titled ‘‘DOT/
OST 35 Personnel Security Record
System.’’ This Notice covers
information required for conducting and
managing investigations for all federal
and contract employees to obtain a
badge, credential, or a national security
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clearance as mandated by Executive
Order 12968, as amended, ‘‘Access to
Classified Information’’. Records in this
system are collected, maintained, and
used to track and manage the
information and records necessary to
conduct employee suitability
background investigations and
determine eligibility for clearances. In
addition, records in this system are also
used to maintain documentation for
DOT employees who attend classified
briefings outside of DOT, and non-DOT
individuals attending classified
meetings at DOT. The following
substantive changes have been made to
the Notice:
1. System Location: This Notice
updates the system location to reflect
the current location where individual
records are submitted and processed to
determine eligibility for clearances,
conduct suitability background
investigations and maintain
documentation for DOT and non-DOT
employees who attend classified
briefings at DOT and outside of DOT.
The previously published SORN
identified a location that is no longer
valid. All records covered in this Notice
are maintained at the Department of
Transportation, Office of the Secretary,
1200 New Jersey Ave SE, Suite W12–
180, Washington DC 20590.
2. System Manager: This Notice
updates the system manager to reflect to
reflect current system Manager and
inform the public the previous System
Manager address is no longer valid. The
new address is Principal, Office of
Security, M–40, 1200 New Jersey Ave
SE, Suite W12–180, Washington DC
20590.
3. Authority: This Notice updates the
authorities to include additional
authorities that cover the system of
records and align with the requirements.
The additional authorities include E.O.
12829; E.O. 12968, E.O. 13467; E.O.
13764; E.O. 9397, as amended by E.O.
13478; Security Executive Agent
Directive 3; Security Executive Agent
Directive 6; Security Executive Agent
Directive 7; Homeland Security
Presidential Directive 12; and National
Industrial Security Program Operating
Manual DoD 5220.22–M. These
authorities establish the requirements
for federal agencies to conduct initial
and ongoing background suitability
investigations of individuals seeking
employment with or access to federal
facilities and information systems.
Investigations have been conducted
under these authorities and they are
consistent with the purposes of the
published SORN.
4. Purpose: This Notice updates the
purpose to better clarify purpose of the
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system, identify additional data
captured in the system, how the data is
used, and maintained.
5. Categories of Individuals: This
Notice updates the categories of
individuals to reflect that information is
collected from the members of the
public, citizens and legal permanent
residents, visitors to DOT for official
business, detailees to DOT, current and
former federal employees, and members
of DOT contract workforce.
6. Categories of Records: This Notice
updates categories of records collected
in the system. The categories of records
have been updated to include
specifically individuals’ names, date of
birth, Social Security Numbers (SSNs),
home address, and additional records
that may assist in conducting employee
suitability background investigations to
determine eligibility for clearances.
7. Records Source: This Notice
updates records source category and
includes additional information
collected directly from individuals and
from other sources that are maintained
in this system of records.
8. Routine Uses: This Notice updates
routine uses to include the Department
of Transportation’s specific and general
routine uses that specifically apply to
this system and align with the purpose
of the collection and maintenance of the
data in the system. Also included are
the routine uses that require agencies to
share information in the event of an
incident or breach in accordance with
the OMB Memorandum M–17–12. OMB
directed agencies to include routine
uses that will permit sharing of
information when needed to investigate,
respond to, and mitigate a breach of a
Federal information system.
9. Records Storage: This Notice
updates the policies and practices for
storage of records to reflect that records
previously completed on forms and
typed pages and placed in a manual
filing system and manual system control
cards are now stored on paper and
electronic storage media and maintained
in a secure access control location.
10. Records Retrieval: This Notice
updates and expands on how records
are retrieved in the system. The
previous SORN identified one method
of retrieval of records. This Notice
updates and expands the policies and
practices for the retrieval of records to
include retrievability by date of birth,
Social Security Number (SSN), home
address, and additional data elements
that will assist in the background
clearance of individuals.
11. Retention and Disposal: This
Notice updates the retention and
disposal policy to include the specific
National Archives and Records
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Administration (NARA) records
retention and disposition schedule for
all the records maintained in the
system.
12. Administrative, Technical, and
Physical Safeguards: This Notice is
updated and expanded to ensure the
public records in this system are
protected in accordance with DOT and
the National Institutes of Standards and
Technology (NIST) applicable rules,
policies and federal regulations.
The following non-substantive
changes have been made to the Notice:
13. Records Access: This Notice
updates the record access procedures to
reflect the requirement for signed
requests for records to be notarized or
accompanied by a statement made
under penalty of perjury in compliance
with 28 U.S.C. 1746. The address to
request access has also been updated to
make certain the public’s requests are
sent to the appropriate address.
14. Contesting Records and
Notification Procedures: This Notice is
updated to direct individuals requesting
a copy of their records who they should
contact.
Privacy Act
The Privacy Act (5 U.S.C. 552a)
governs the means by which the Federal
Government collects, maintains, and
uses personally identifiable information
(PII) in a system of records. A ‘‘system
of records’’ is a group of any records
under the control of a Federal agency
from which information about
individuals is retrieved by name or
other personal identifier. The Privacy
Act requires each agency to publish in
the Federal Register a SORN identifying
and describing each system of records
the agency maintains, including the
purposes for which the agency uses PII
in the system, the routine uses for
which the agency discloses such
information outside the agency, and
how individuals to whom a Privacy Act
record pertains can exercise their rights
under the Privacy Act (e.g., to determine
if the system contains information about
them and to contest inaccurate
information). In accordance with 5
U.S.C. 552a(r), DOT has provided a
report of this system of records to the
Office of Management and Budget and
to Congress.
SYSTEM NAME AND NUMBER:
DOT/OST 035—Personnel Security
Enterprise System.
SECURITY CLASSIFICATION:
Unclassified, sensitive.
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SYSTEM LOCATION:
Department of Transportation, Office
of Security, 1200 New Jersey Ave SE,
Suite W12–180, Washington, DC 20590.
SYSTEM MANAGER(S):
Principal, Office of Security, M–40
1200 New Jersey Ave SE, Suite W12–
180, Washington DC 20590
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
49 U.S.C. 322; E.O. 12829; E.O. 12968,
E.O. 13467; E.O. 13764; E.O. 9397,(SSN)
as amended by E.O. 13478; Security
Executive Agent Directive 3; Security
Executive Agent Directive 6; Security
Executive Agent Directive 7; Homeland
Security Presidential Directive 12; and
DoD 5220.22–M, National Industrial
Security Program Operating Manual.
PURPOSE(S) OF THE SYSTEM:
The system is used to track and
manage the information and records
necessary to conduct employee
suitability background investigations
and determine eligibility for clearances.
The system captures data related to all
aspects of pre-appointments, suitability
and fitness determinations, security
clearance processing, briefings, foreign
travel, foreign contacts, procurement
processes for classified contracts. It is
also used to maintain documentation for
DOT employees who attend classified
briefings outside of DOT, and non-DOT
individuals attending classified
meetings at DOT. Additionally, the
system allows the Department to collect
metrics and report on operational
performance.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
Members of the public, citizens and
legal permanent residents, visitors to
DOT for official business, current and
former federal employees, detailees to
DOT from other federal agencies, and
members of the DOT contract workforce.
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CATEGORIES OF RECORDS IN THE SYSTEM:
Name, date of birth, Social Security
Number (SSN), home address, home
phone number, personal data on
investigative and employment provided
by the individual. Reports of
investigations, records of security and
suitability determinations, records of
access authorizations granted,
documentation of security briefings/
debriefings received, individual
notifications of foreign travel for
business or personal, records of security
violations are also included.
Records of personnel security
processing, personal data on
investigative and employment forms
completed by the individual.
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Documented events of any classified
national security violations.
RECORD SOURCE CATEGORIES:
Information provided by the subject of
the DOT form, electronic background
investigative request form and other
related documents. Investigative sources
contacted in personnel security
investigations, baseline investigation for
the issuance of Personal Identification
Verification card (PIV card) and similar
investigations for public trust and
national security clearance eligibility;
digital investigative reports reviewed at
other Government agencies; personal
history statements, employment
applications and other data provided by
the individual and/or other agencies.
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
PURPOSES OF SUCH USES:
In addition to those disclosures
generally permitted under 5 U.S.C.
552a(b) of the Privacy Act, all or portion
of the records or information contained
in this system may be disclosed outside
of DOT as a routine use pursuant to 5
U.S.C. 552a(b)(3) as follows:
System Specific Routine Use:
1. To the Department of Defense and
other federal government agencies
responsible for conducting background
investigations, continuous evaluation,
and continuous vetting in order to
provide DOT with information relevant
to their inquiries and investigations to
evaluate, or make a determination
regarding qualifications, suitability, or
fitness for government employment to
physically access federally-controlled
facilities or information systems;
eligibility for access to classified
information or to hold a sensitive
position; qualification or fitness to
perform work for or on behalf of the
government under contract, grant, or
other agreement; or access to restricted
areas.
Departmental Routine Uses:
2. In the event that a system of records
maintained by DOT 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
particular program pursuant thereto, the
relevant records in the system of records
may be referred, as a routine use, to the
appropriate agency, whether Federal,
State, local or foreign, charged with the
responsibility of investigating or
prosecuting such violation or charged
with enforcing or implementing the
statute, or rule, regulation, or order
issued pursuant thereto.
3. A record from this system of
records may be disclosed, as a routine
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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 DOT 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.
4. A record from this system of
records may be disclosed, as a routine
use, 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.
5a. Routine Use for Disclosure for Use
in Litigation. It shall be a routine use of
the records in this system of records to
disclose them to the Department of
Justice or other Federal agency
conducting litigation when: (a) DOT, or
any agency thereof, or (b) Any employee
of DOT or any agency thereof, in his/her
official capacity, or (c) Any employee of
DOT or any agency thereof, in his/her
individual capacity where the
Department of Justice has agreed to
represent the employee, or (d) The
United States or any agency thereof,
where DOT determines that litigation is
likely to affect the United States, is a
party to litigation or has an interest in
such litigation, and the use of such
records by the Department of Justice or
other Federal agency conducting the
litigation is deemed by DOT to be
relevant and necessary in the litigation,
provided, however, that in each case,
DOT determines that disclosure of the
records in the litigation is a use of the
information contained in the records
that is compatible with the purpose for
which the records were collected.
5b. Routine Use for Agency Disclosure
in Other Proceedings. It shall be a
routine use of records in this system to
disclose them in proceedings before any
court or adjudicative or administrative
body before which DOT or any agency
thereof, appears, when: (a) DOT, or any
agency thereof, or (b) Any employee of
DOT or any agency thereof in his/her
official capacity, or (c) Any employee of
DOT or any agency thereof in his/her
individual capacity where DOT has
agreed to represent the employee, or (d)
The United States or any agency thereof,
where DOT determines that the
proceeding is likely to affect the United
States, is a party to the proceeding or
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has an interest in such proceeding, and
DOT determines that use of such
records is relevant and necessary in the
proceeding, provided, however, that in
each case, DOT determines that
disclosure of the records in the
proceeding is a use of the information
contained in the records that is
compatible with the purpose for which
the records were collected.
6. The information contained in this
system of records 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 No. A–19 at any stage of
the legislative coordination and
clearance process as set forth in that
Circular.
7. Disclosure 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. In such
cases, however, the Congressional office
does not have greater rights to records
than the individual. Thus, the
disclosure may be withheld from
delivery to the individual where the file
contains investigative or actual
information or other materials, which
are being used, or are expected to be
used, to support prosecution or fines
against the individual for violations of
a statute, or of regulations of the
Department based on statutory
authority. No such limitations apply to
records requested for Congressional
oversight or legislative purposes; release
is authorized under 49 CFR 10.35(a)(9).
8. One or more records from a system
of records may be disclosed routinely to
the National Archives and Records
Administration in records management
inspections being conducted under the
authority of 44 U.S.C. 2904 and 2906.
9. DOT may make available to another
agency or instrumentality of any
government jurisdiction, including State
and local governments, listings of names
from any system of records in DOT for
use in law enforcement activities, either
civil or criminal, or to expose fraudulent
claims, regardless of the stated purpose
for the collection of the information in
the system of records. These
enforcement activities are generally
referred to as matching programs
because two lists of names are checked
for match using automated assistance.
This routine use is advisory in nature
and does not offer unrestricted access to
systems of records for such law
enforcement and related antifraud
activities. Each request will be
considered on the basis of its purpose,
merits, cost effectiveness and
alternatives using Instructions on
reporting computer matching programs
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to the Office of Management and
Budget, OMB, Congress and the public,
published by the Director, OMB, dated
September 20, 1989.
10. It shall be a routine use of the
information in any DOT system of
records to provide to the Attorney
General of the United States, or his/her
designee, information indicating that a
person meets any of the
disqualifications for receipt, possession,
shipment, or transport of a firearm
under the Brady Handgun Violence
Prevention Act. In case of a dispute
concerning the validity of the
information provided by DOT to the
Attorney General, or his/her designee, it
shall be a routine use of the information
in any DOT system of records to make
any disclosures of such information to
the National Background Information
Check System, established by the Brady
Handgun Violence Prevention Act, as
may be necessary to resolve such
dispute.
11. DOT may disclose records from
this system, as a routine use to
appropriate agencies, entities and
persons when (a) DOT suspects or has
confirmed that the security or
confidentiality of information in the
system of records has been
compromised; (b) DOT 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 DOT or another agency
or entity) that rely upon the,
compromised information; and (c) the
disclosure made to such agencies,
entities, and persons is reasonably
necessary to assist in connection with
DOT’s efforts to respond to the
suspected or confirmed compromise
and prevent, minimize, or remedy such
harm.
12. DOT may disclose records from
this system, as a routine use, to the
Office of Government Information
Services for the purpose of (a) resolving
disputes between Freedom of
Information Act requesters and Federal
agencies and (b) reviewing agencies’
policies, procedures, and compliance in
order to recommend policy changes to
Congress and the President.
13. DOT may disclose records from
this system, as a routine use, to
contractors and their agents, experts,
consultants, and others performing or
working on a contract, service,
cooperative agreement, or other
assignment for DOT, when necessary to
accomplish an agency function related
to this system of records.
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14. DOT may disclose records to
another Federal agency or Federal
entity, when DOT determines that
information from this system of records
is reasonably necessary to assist the
recipient agency or entity in (1)
responding to a suspected or confirmed
breach or (2) preventing, minimizing, or
remedying the risk of harm to
individuals, the recipient agency or
entity (including its information
systems, programs, and operations), the
Federal Government, or national
security, resulting from a suspected or
confirmed breach.
15. DOT may disclose records from
this system, to an agency, organization,
or individual for the purpose of
performing audit or oversight operations
related to this system of records, but
only such records as are necessary and
relevant to the audit or oversight
activity. This routine use does not apply
to intra-agency sharing authorized
under Section (b)(1), of the Privacy Act.
16. DOT may disclose from this
system, as a routine use, records
consisting of, or relating to, terrorism
information (6 U.S.C. 485(a)(5)),
homeland security information (6 U.S.C.
482(f)(1)), or Law enforcement
information (Guideline 2 Report
attached to White House Memorandum,
‘‘Information Sharing Environment,
November 22, 2006) to a Federal, State,
local, tribal, territorial, foreign
government and/or multinational
agency, either in response to its request
or upon the initiative of the Component,
for purposes of sharing such
information as is necessary and relevant
for the agencies to detect, prevent,
disrupt, preempt, and mitigate the
effects of terrorist activities against the
territory, people, and interests of the
United States of America, as
contemplated by the Intelligence Reform
and Terrorism Prevention Act of 2004,
(Pub. L. 108–458) and Executive Order,
13388 (October 25, 2005).
POLICIES AND PRACTICES FOR STORAGE OF
RECORDS:
Records are maintained in paper and
electronic storage media in accordance
with the safeguards below.
POLICIES AND PRACTICES FOR RETRIEVAL OF
RECORDS:
Records may be retrieved by name,
date of birth, SSN, home address, home
phone number, or other personal data
elements on individuals who are subject
of the investigation.
POLICIES AND PRACTICES FOR RETENTION AND
DISPOSAL OF RECORDS:
Records in the system are maintained
in accordance with the following NARA
records retention and schedules:
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GRS 5.6—Item 120: Personal
identification credentials and cards—
Application and activation record:
Destroy 6 years after the end of an
employee or contractor’s tenure (DAA–
GRS–2021–0001–0005).
GRS 5.6—Item 130: Temporary and
local facility identification and card
access records: Destroy upon immediate
collection once the temporary credential
or card is returned for potential
reissuance due to nearing expiration or
not to exceed 6 months from time of
issuance or when individual no longer
requires access, whichever is sooner
(DAA–GRS–2021–0001–0006).
GRS 5.6—Item 170: Personnel
suitability and eligibility investigative
reports: Temporary. Destroy in
accordance with the investigating
agency instruction (DAA–GRS–2017–
0006–0022).
GRS 5.6—Item 180: Personnel
security and access clearance records.
Records of people not issued clearances.
Includes case files of applicants not
hired: Destroy 1 year after consideration
of the candidate ends, but longer
retention is authorized if required for
business use (DAA–GRS–2017–0006–
0024).
GRS 5.6—Item 181: Records of people
issued clearances: Temporary. Destroy 5
years after employee or contractor
relationship ends, but longer retention
is authorized if required for business
use (DAA–GRS–2017–0006–0025).
khammond on DSKJM1Z7X2PROD with NOTICES
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL
SAFEGUARDS:
17:03 Jun 24, 2024
Jkt 262001
Individuals seeking notification of
whether this system of records contains
information about them may contact the
System Manger at the address provided
in the section ‘‘System Manager.’’
Information compiled solely for the
purpose of determining suitability,
contractor fitness, eligibility, or
qualification for Federal civilian
employment or access to classified
information may be exempted from the
access provisions pursuant to 5 U.S.C.
552a(k)(5).
When seeking records about yourself
from this system of records or any other
Departmental system of records your
request must conform with the Privacy
Act regulations set forth in 49 CFR part
10. You must sign your request, and
your signature must either be notarized
or submitted under 28 U.S.C. 1746, a
law that permits statements to be made
under penalty of perjury as a substitute
for notarization. Department policy
requires the inquiry to include the name
of the individual, mailing address,
phone number or email address, a
description of the records sought, and if
possible, the location of the records. If
your request is seeking records
pertaining to another living individual,
you must include a statement from that
individual certifying his/her agreement
for you to access his/her records.
See ‘‘Records Access Procedures’’
above.
NOTIFICATION PROCEDURES:
See ‘‘Records Access Procedures’’
above.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
Information compiled solely for the
purpose of determining suitability,
eligibility, or qualification for federal
civilian employment or access to
classified information may be exempted
from the access provisions pursuant to
5 U.S.C. 552a(k)(1) and/or (5). See 80 FR
32039.
HISTORY:
A full notice of this system of records,
DOT/OST 035—DOT OST 035—
Personnel Security Enterprise System,
was published in the Federal Register
on April 11, 2000 (65 FR 19553).
Issued in Washington, DC.
Karyn Gorman,
Departmental Chief Privacy Officer.
[FR Doc. 2024–13825 Filed 6–24–24; 8:45 am]
BILLING CODE 4910–9X–P
PO 00000
Frm 00143
Fmt 4703
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DEPARTMENT OF THE TREASURY
Office of Foreign Assets Control
RECORD ACCESS PROCEDURES:
CONTESTING RECORD PROCEDURES:
Administrative safeguards: Access to
data is role based and limited to those
that have a need to know for the
performance of their official duty.
Personnel and contract support are
required to attend and complete security
and privacy awareness training.
Controls are implemented to minimize
the risk of information being
compromised. Data in the system is
protected in accordance with applicable
rules and policies including all
applicable Department automated
systems security and access policies. All
users must sign a non-disclosure
agreement before granted role in system.
Technical safeguards: An auditing
function tracks all user activities in
relation to data including access and
modification. Controls include firewalls,
intrusion detection, only role-based
access and ‘‘need-to-know’’ specific to
performance of their duties, can access
control lists and other security methods.
Physical Safeguards: Records are stored
in an access-controlled office. Access is
limited to authorized staff and visitors
are only allowed escorted access if there
VerDate Sep<11>2014
is a specific need for them to be in the
space.
Notice of OFAC Sanctions Actions
Office of Foreign Assets
Control, Treasury.
ACTION: Notice.
AGENCY:
The U.S. Department of the
Treasury’s Office of Foreign Assets
Control (OFAC) is publishing the names
of one or more persons that have been
placed on OFAC’s Specially Designated
Nationals and Blocked Persons List
(SDN List) based on OFAC’s
determination that one or more
applicable legal criteria were satisfied.
All property and interests in property
subject to U.S. jurisdiction of these
persons are blocked, and U.S. persons
are generally prohibited from engaging
in transactions with them.
DATES: See SUPPLEMENTARY INFORMATION
section for applicable date(s).
FOR FURTHER INFORMATION CONTACT:
OFAC: Bradley T. Smith, Director, tel.:
202–622–2490; Associate Director for
Global Targeting, tel.: 202–622–2420;
Assistant Director for Licensing, tel.:
202–622–2480; Assistant Director for
Regulatory Affairs, tel.: 202–622–4855;
or the Assistant Director for Sanctions
Compliance & Evaluation, tel.: 202–622–
2490.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Electronic Availability
The SDN List and additional
information concerning OFAC sanctions
programs are available on OFAC’s
website (https://www.treasury.gov/ofac).
Notice of OFAC Actions
On June 20, 2024, OFAC determined
that the property and interests in
property subject to U.S. jurisdiction of
the following persons are blocked under
the relevant sanctions authority listed
below.
Individuals
1. ARZATE GOMEZ, Kevin, Mexico; DOB
23 Jun 1992; POB Guerrero, Mexico;
nationality Mexico; Gender Male; C.U.R.P.
AAGK920623MGRRMV09 (Mexico)
(individual) [ILLICIT–DRUGS–EO14059].
Designated pursuant to section 1(a)(i) of
Executive Order 14059 of December 15, 2021,
‘‘Imposing Sanctions on Foreign Persons
Involved in the Global Illicit Drug Trade,’’ 86
FR 71549 (December 17, 2021) (E.O. 14059)
for having engaged in, or attempted to engage
in, activities or transactions that have
materially contributed to, or pose a
significant risk of materially contributing to,
the international proliferation of illicit drugs
or their means of production.
2. CAMACHO GOICOCHEA, Euclides
(a.k.a. ‘‘Quilles’’), Mexico; DOB 08 Aug 1972;
E:\FR\FM\25JNN1.SGM
25JNN1
Agencies
[Federal Register Volume 89, Number 122 (Tuesday, June 25, 2024)]
[Notices]
[Pages 53176-53180]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-13825]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Office of the Secretary
[Docket No. DOT-OST-2024-0015]
Privacy Act of 1974; System of Records
AGENCY: Office of the Departmental Chief Information Officer, Office of
the Secretary of Transportation, Department of Transportation (DOT).
ACTION: Notice of a modified system of records.
-----------------------------------------------------------------------
SUMMARY: In accordance with the Privacy Act of 1974, the United States
Department of Transportation (DOT), Office of the Secretary (OST),
proposes to modify and reissue an existing system of records notice
titled ``Department of Transportation, Office of the Secretary; DOT/OST
035 Personnel Security Record System.'' The system collects information
on DOT employees, contractors, and members of the public to track and
manage the information and records necessary to conduct employee
suitability background investigations and determine eligibility for
clearances. It is also used to maintain documentation for DOT employees
who attend classified briefings outside of DOT, and non-DOT individuals
attending meetings at DOT.
DATES: Submit comments on or before July 25, 2024. The Department may
publish an amended Systems of Records Notice (hereafter ``Notice'') in
light of any comments received. This modified system will be effective
immediately and the modified routine uses will be effective July 25,
2024.
ADDRESSES: You may submit comments, identified by docket number DOT-
OST-2024-0015 by one of the following methods:
Federal e-Rulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
Mail: Department of Transportation Docket Management, Room
W12-140, 1200 New Jersey Ave. SE, Washington, DC 20590.
Hand Delivery or Courier: West Building Ground Floor, Room
W12-140, 1200 New Jersey Ave. SE, between 9 a.m. and 5 p.m. ET, Monday
through Friday, except Federal holidays.
Instructions: You must include the agency name and docket number
DOT-OST-2024-0015. All comments received will be posted without change
to https://www.regulations.gov, including any personal information
provided.
Privacy Act: Anyone is able to search the electronic form of all
comments received in any of our dockets by the name of the individual
submitting the comment (or signing the comment, if submitted on behalf
of an association, business, labor union, etc.).
Docket: For access to the docket to read background documents or
comments received, go to https://www.regulations.gov or to the street
address listed above. Follow the online instructions for accessing the
docket.
FOR FURTHER INFORMATION CONTACT: For general and privacy questions,
please contact: Karyn Gorman, Departmental Chief Privacy Officer,
Department of Transportation, S-83, Washington, DC 20590, Email:
[email protected], Tel. (202) 366-3140.
SUPPLEMENTARY INFORMATION:
Notice Updates
This Notice includes both substantive changes and non-substantive
changes to the previously published Notice. Substantive changes have
been made to the system location, system manager, authority for
maintenance of the system, purposes, categories of individuals,
categories of records, the record source categories, the routine uses
of records maintained in the system, policies and practices for storage
of records, policies and practices for retrieval of records, policies
and practices for retention and disposal of records, administrative,
technical and physical safeguards.
Non-substantive changes have been made to record access procedures,
contesting record procedures, notification procedures, as well as
revisions to align with the requirements of Office of Management and
Budget Memoranda (OMB) A-108 and to ensure consistency with other
Notices issued by the Department of Transportation.
Background
In accordance with the Privacy Act of 1974, the Department of
Transportation proposes to update and reissue an existing system of
records titled ``DOT/OST 35 Personnel Security Record System.'' This
Notice covers information required for conducting and managing
investigations for all federal and contract employees to obtain a
badge, credential, or a national security
[[Page 53177]]
clearance as mandated by Executive Order 12968, as amended, ``Access to
Classified Information''. Records in this system are collected,
maintained, and used to track and manage the information and records
necessary to conduct employee suitability background investigations and
determine eligibility for clearances. In addition, records in this
system are also used to maintain documentation for DOT employees who
attend classified briefings outside of DOT, and non-DOT individuals
attending classified meetings at DOT. The following substantive changes
have been made to the Notice:
1. System Location: This Notice updates the system location to
reflect the current location where individual records are submitted and
processed to determine eligibility for clearances, conduct suitability
background investigations and maintain documentation for DOT and non-
DOT employees who attend classified briefings at DOT and outside of
DOT. The previously published SORN identified a location that is no
longer valid. All records covered in this Notice are maintained at the
Department of Transportation, Office of the Secretary, 1200 New Jersey
Ave SE, Suite W12-180, Washington DC 20590.
2. System Manager: This Notice updates the system manager to
reflect to reflect current system Manager and inform the public the
previous System Manager address is no longer valid. The new address is
Principal, Office of Security, M-40, 1200 New Jersey Ave SE, Suite W12-
180, Washington DC 20590.
3. Authority: This Notice updates the authorities to include
additional authorities that cover the system of records and align with
the requirements. The additional authorities include E.O. 12829; E.O.
12968, E.O. 13467; E.O. 13764; E.O. 9397, as amended by E.O. 13478;
Security Executive Agent Directive 3; Security Executive Agent
Directive 6; Security Executive Agent Directive 7; Homeland Security
Presidential Directive 12; and National Industrial Security Program
Operating Manual DoD 5220.22-M. These authorities establish the
requirements for federal agencies to conduct initial and ongoing
background suitability investigations of individuals seeking employment
with or access to federal facilities and information systems.
Investigations have been conducted under these authorities and they are
consistent with the purposes of the published SORN.
4. Purpose: This Notice updates the purpose to better clarify
purpose of the system, identify additional data captured in the system,
how the data is used, and maintained.
5. Categories of Individuals: This Notice updates the categories of
individuals to reflect that information is collected from the members
of the public, citizens and legal permanent residents, visitors to DOT
for official business, detailees to DOT, current and former federal
employees, and members of DOT contract workforce.
6. Categories of Records: This Notice updates categories of records
collected in the system. The categories of records have been updated to
include specifically individuals' names, date of birth, Social Security
Numbers (SSNs), home address, and additional records that may assist in
conducting employee suitability background investigations to determine
eligibility for clearances.
7. Records Source: This Notice updates records source category and
includes additional information collected directly from individuals and
from other sources that are maintained in this system of records.
8. Routine Uses: This Notice updates routine uses to include the
Department of Transportation's specific and general routine uses that
specifically apply to this system and align with the purpose of the
collection and maintenance of the data in the system. Also included are
the routine uses that require agencies to share information in the
event of an incident or breach in accordance with the OMB Memorandum M-
17-12. OMB directed agencies to include routine uses that will permit
sharing of information when needed to investigate, respond to, and
mitigate a breach of a Federal information system.
9. Records Storage: This Notice updates the policies and practices
for storage of records to reflect that records previously completed on
forms and typed pages and placed in a manual filing system and manual
system control cards are now stored on paper and electronic storage
media and maintained in a secure access control location.
10. Records Retrieval: This Notice updates and expands on how
records are retrieved in the system. The previous SORN identified one
method of retrieval of records. This Notice updates and expands the
policies and practices for the retrieval of records to include
retrievability by date of birth, Social Security Number (SSN), home
address, and additional data elements that will assist in the
background clearance of individuals.
11. Retention and Disposal: This Notice updates the retention and
disposal policy to include the specific National Archives and Records
Administration (NARA) records retention and disposition schedule for
all the records maintained in the system.
12. Administrative, Technical, and Physical Safeguards: This Notice
is updated and expanded to ensure the public records in this system are
protected in accordance with DOT and the National Institutes of
Standards and Technology (NIST) applicable rules, policies and federal
regulations.
The following non-substantive changes have been made to the Notice:
13. Records Access: This Notice updates the record access
procedures to reflect the requirement for signed requests for records
to be notarized or accompanied by a statement made under penalty of
perjury in compliance with 28 U.S.C. 1746. The address to request
access has also been updated to make certain the public's requests are
sent to the appropriate address.
14. Contesting Records and Notification Procedures: This Notice is
updated to direct individuals requesting a copy of their records who
they should contact.
Privacy Act
The Privacy Act (5 U.S.C. 552a) governs the means by which the
Federal Government collects, maintains, and uses personally
identifiable information (PII) in a system of records. A ``system of
records'' is a group of any records under the control of a Federal
agency from which information about individuals is retrieved by name or
other personal identifier. The Privacy Act requires each agency to
publish in the Federal Register a SORN identifying and describing each
system of records the agency maintains, including the purposes for
which the agency uses PII in the system, the routine uses for which the
agency discloses such information outside the agency, and how
individuals to whom a Privacy Act record pertains can exercise their
rights under the Privacy Act (e.g., to determine if the system contains
information about them and to contest inaccurate information). In
accordance with 5 U.S.C. 552a(r), DOT has provided a report of this
system of records to the Office of Management and Budget and to
Congress.
SYSTEM NAME AND NUMBER:
DOT/OST 035--Personnel Security Enterprise System.
SECURITY CLASSIFICATION:
Unclassified, sensitive.
[[Page 53178]]
SYSTEM LOCATION:
Department of Transportation, Office of Security, 1200 New Jersey
Ave SE, Suite W12-180, Washington, DC 20590.
SYSTEM MANAGER(S):
Principal, Office of Security, M-40 1200 New Jersey Ave SE, Suite
W12-180, Washington DC 20590
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
49 U.S.C. 322; E.O. 12829; E.O. 12968, E.O. 13467; E.O. 13764; E.O.
9397,(SSN) as amended by E.O. 13478; Security Executive Agent Directive
3; Security Executive Agent Directive 6; Security Executive Agent
Directive 7; Homeland Security Presidential Directive 12; and DoD
5220.22-M, National Industrial Security Program Operating Manual.
PURPOSE(S) OF THE SYSTEM:
The system is used to track and manage the information and records
necessary to conduct employee suitability background investigations and
determine eligibility for clearances. The system captures data related
to all aspects of pre-appointments, suitability and fitness
determinations, security clearance processing, briefings, foreign
travel, foreign contacts, procurement processes for classified
contracts. It is also used to maintain documentation for DOT employees
who attend classified briefings outside of DOT, and non-DOT individuals
attending classified meetings at DOT. Additionally, the system allows
the Department to collect metrics and report on operational
performance.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Members of the public, citizens and legal permanent residents,
visitors to DOT for official business, current and former federal
employees, detailees to DOT from other federal agencies, and members of
the DOT contract workforce.
CATEGORIES OF RECORDS IN THE SYSTEM:
Name, date of birth, Social Security Number (SSN), home address,
home phone number, personal data on investigative and employment
provided by the individual. Reports of investigations, records of
security and suitability determinations, records of access
authorizations granted, documentation of security briefings/debriefings
received, individual notifications of foreign travel for business or
personal, records of security violations are also included.
Records of personnel security processing, personal data on
investigative and employment forms completed by the individual.
Documented events of any classified national security violations.
RECORD SOURCE CATEGORIES:
Information provided by the subject of the DOT form, electronic
background investigative request form and other related documents.
Investigative sources contacted in personnel security investigations,
baseline investigation for the issuance of Personal Identification
Verification card (PIV card) and similar investigations for public
trust and national security clearance eligibility; digital
investigative reports reviewed at other Government agencies; personal
history statements, employment applications and other data provided by
the individual and/or other agencies.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND PURPOSES OF SUCH USES:
In addition to those disclosures generally permitted under 5 U.S.C.
552a(b) of the Privacy Act, all or portion of the records or
information contained in this system may be disclosed outside of DOT as
a routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:
System Specific Routine Use:
1. To the Department of Defense and other federal government
agencies responsible for conducting background investigations,
continuous evaluation, and continuous vetting in order to provide DOT
with information relevant to their inquiries and investigations to
evaluate, or make a determination regarding qualifications,
suitability, or fitness for government employment to physically access
federally-controlled facilities or information systems; eligibility for
access to classified information or to hold a sensitive position;
qualification or fitness to perform work for or on behalf of the
government under contract, grant, or other agreement; or access to
restricted areas.
Departmental Routine Uses:
2. In the event that a system of records maintained by DOT 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 particular program pursuant thereto, the relevant
records in the system of records may be referred, as a routine use, to
the appropriate agency, whether Federal, State, local or foreign,
charged with the responsibility of investigating or prosecuting such
violation or charged with enforcing or implementing the statute, or
rule, regulation, or order issued pursuant thereto.
3. A record from this system of records 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 DOT 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.
4. A record from this system of records may be disclosed, as a
routine use, 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.
5a. Routine Use for Disclosure for Use in Litigation. It shall be a
routine use of the records in this system of records to disclose them
to the Department of Justice or other Federal agency conducting
litigation when: (a) DOT, or any agency thereof, or (b) Any employee of
DOT or any agency thereof, in his/her official capacity, or (c) Any
employee of DOT or any agency thereof, in his/her individual capacity
where the Department of Justice has agreed to represent the employee,
or (d) The United States or any agency thereof, where DOT determines
that litigation is likely to affect the United States, is a party to
litigation or has an interest in such litigation, and the use of such
records by the Department of Justice or other Federal agency conducting
the litigation is deemed by DOT to be relevant and necessary in the
litigation, provided, however, that in each case, DOT determines that
disclosure of the records in the litigation is a use of the information
contained in the records that is compatible with the purpose for which
the records were collected.
5b. Routine Use for Agency Disclosure in Other Proceedings. It
shall be a routine use of records in this system to disclose them in
proceedings before any court or adjudicative or administrative body
before which DOT or any agency thereof, appears, when: (a) DOT, or any
agency thereof, or (b) Any employee of DOT or any agency thereof in
his/her official capacity, or (c) Any employee of DOT or any agency
thereof in his/her individual capacity where DOT has agreed to
represent the employee, or (d) The United States or any agency thereof,
where DOT determines that the proceeding is likely to affect the United
States, is a party to the proceeding or
[[Page 53179]]
has an interest in such proceeding, and DOT determines that use of such
records is relevant and necessary in the proceeding, provided, however,
that in each case, DOT determines that disclosure of the records in the
proceeding is a use of the information contained in the records that is
compatible with the purpose for which the records were collected.
6. The information contained in this system of records 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 No. A-19 at any stage of the legislative coordination and
clearance process as set forth in that Circular.
7. Disclosure 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. In such cases, however,
the Congressional office does not have greater rights to records than
the individual. Thus, the disclosure may be withheld from delivery to
the individual where the file contains investigative or actual
information or other materials, which are being used, or are expected
to be used, to support prosecution or fines against the individual for
violations of a statute, or of regulations of the Department based on
statutory authority. No such limitations apply to records requested for
Congressional oversight or legislative purposes; release is authorized
under 49 CFR 10.35(a)(9).
8. One or more records from a system of records may be disclosed
routinely to the National Archives and Records Administration in
records management inspections being conducted under the authority of
44 U.S.C. 2904 and 2906.
9. DOT may make available to another agency or instrumentality of
any government jurisdiction, including State and local governments,
listings of names from any system of records in DOT for use in law
enforcement activities, either civil or criminal, or to expose
fraudulent claims, regardless of the stated purpose for the collection
of the information in the system of records. These enforcement
activities are generally referred to as matching programs because two
lists of names are checked for match using automated assistance. This
routine use is advisory in nature and does not offer unrestricted
access to systems of records for such law enforcement and related
antifraud activities. Each request will be considered on the basis of
its purpose, merits, cost effectiveness and alternatives using
Instructions on reporting computer matching programs to the Office of
Management and Budget, OMB, Congress and the public, published by the
Director, OMB, dated September 20, 1989.
10. It shall be a routine use of the information in any DOT system
of records to provide to the Attorney General of the United States, or
his/her designee, information indicating that a person meets any of the
disqualifications for receipt, possession, shipment, or transport of a
firearm under the Brady Handgun Violence Prevention Act. In case of a
dispute concerning the validity of the information provided by DOT to
the Attorney General, or his/her designee, it shall be a routine use of
the information in any DOT system of records to make any disclosures of
such information to the National Background Information Check System,
established by the Brady Handgun Violence Prevention Act, as may be
necessary to resolve such dispute.
11. DOT may disclose records from this system, as a routine use to
appropriate agencies, entities and persons when (a) DOT suspects or has
confirmed that the security or confidentiality of information in the
system of records has been compromised; (b) DOT 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 DOT or another agency or entity) that
rely upon the, compromised information; and (c) the disclosure made to
such agencies, entities, and persons is reasonably necessary to assist
in connection with DOT's efforts to respond to the suspected or
confirmed compromise and prevent, minimize, or remedy such harm.
12. DOT may disclose records from this system, as a routine use, to
the Office of Government Information Services for the purpose of (a)
resolving disputes between Freedom of Information Act requesters and
Federal agencies and (b) reviewing agencies' policies, procedures, and
compliance in order to recommend policy changes to Congress and the
President.
13. DOT may disclose records from this system, as a routine use, to
contractors and their agents, experts, consultants, and others
performing or working on a contract, service, cooperative agreement, or
other assignment for DOT, when necessary to accomplish an agency
function related to this system of records.
14. DOT may disclose records to another Federal agency or Federal
entity, when DOT determines that information from this system of
records is reasonably necessary to assist the recipient agency or
entity in (1) responding to a suspected or confirmed breach or (2)
preventing, minimizing, or remedying the risk of harm to individuals,
the recipient agency or entity (including its information systems,
programs, and operations), the Federal Government, or national
security, resulting from a suspected or confirmed breach.
15. DOT may disclose records from this system, to an agency,
organization, or individual for the purpose of performing audit or
oversight operations related to this system of records, but only such
records as are necessary and relevant to the audit or oversight
activity. This routine use does not apply to intra-agency sharing
authorized under Section (b)(1), of the Privacy Act.
16. DOT may disclose from this system, as a routine use, records
consisting of, or relating to, terrorism information (6 U.S.C.
485(a)(5)), homeland security information (6 U.S.C. 482(f)(1)), or Law
enforcement information (Guideline 2 Report attached to White House
Memorandum, ``Information Sharing Environment, November 22, 2006) to a
Federal, State, local, tribal, territorial, foreign government and/or
multinational agency, either in response to its request or upon the
initiative of the Component, for purposes of sharing such information
as is necessary and relevant for the agencies to detect, prevent,
disrupt, preempt, and mitigate the effects of terrorist activities
against the territory, people, and interests of the United States of
America, as contemplated by the Intelligence Reform and Terrorism
Prevention Act of 2004, (Pub. L. 108-458) and Executive Order, 13388
(October 25, 2005).
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
Records are maintained in paper and electronic storage media in
accordance with the safeguards below.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Records may be retrieved by name, date of birth, SSN, home address,
home phone number, or other personal data elements on individuals who
are subject of the investigation.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
Records in the system are maintained in accordance with the
following NARA records retention and schedules:
[[Page 53180]]
GRS 5.6--Item 120: Personal identification credentials and cards--
Application and activation record: Destroy 6 years after the end of an
employee or contractor's tenure (DAA-GRS-2021-0001-0005).
GRS 5.6--Item 130: Temporary and local facility identification and
card access records: Destroy upon immediate collection once the
temporary credential or card is returned for potential reissuance due
to nearing expiration or not to exceed 6 months from time of issuance
or when individual no longer requires access, whichever is sooner (DAA-
GRS-2021-0001-0006).
GRS 5.6--Item 170: Personnel suitability and eligibility
investigative reports: Temporary. Destroy in accordance with the
investigating agency instruction (DAA-GRS-2017-0006-0022).
GRS 5.6--Item 180: Personnel security and access clearance records.
Records of people not issued clearances. Includes case files of
applicants not hired: Destroy 1 year after consideration of the
candidate ends, but longer retention is authorized if required for
business use (DAA-GRS-2017-0006-0024).
GRS 5.6--Item 181: Records of people issued clearances: Temporary.
Destroy 5 years after employee or contractor relationship ends, but
longer retention is authorized if required for business use (DAA-GRS-
2017-0006-0025).
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
Administrative safeguards: Access to data is role based and limited
to those that have a need to know for the performance of their official
duty. Personnel and contract support are required to attend and
complete security and privacy awareness training. Controls are
implemented to minimize the risk of information being compromised. Data
in the system is protected in accordance with applicable rules and
policies including all applicable Department automated systems security
and access policies. All users must sign a non-disclosure agreement
before granted role in system. Technical safeguards: An auditing
function tracks all user activities in relation to data including
access and modification. Controls include firewalls, intrusion
detection, only role-based access and ``need-to-know'' specific to
performance of their duties, can access control lists and other
security methods. Physical Safeguards: Records are stored in an access-
controlled office. Access is limited to authorized staff and visitors
are only allowed escorted access if there is a specific need for them
to be in the space.
RECORD ACCESS PROCEDURES:
Individuals seeking notification of whether this system of records
contains information about them may contact the System Manger at the
address provided in the section ``System Manager.'' Information
compiled solely for the purpose of determining suitability, contractor
fitness, eligibility, or qualification for Federal civilian employment
or access to classified information may be exempted from the access
provisions pursuant to 5 U.S.C. 552a(k)(5).
When seeking records about yourself from this system of records or
any other Departmental system of records your request must conform with
the Privacy Act regulations set forth in 49 CFR part 10. You must sign
your request, and your signature must either be notarized or submitted
under 28 U.S.C. 1746, a law that permits statements to be made under
penalty of perjury as a substitute for notarization. Department policy
requires the inquiry to include the name of the individual, mailing
address, phone number or email address, a description of the records
sought, and if possible, the location of the records. If your request
is seeking records pertaining to another living individual, you must
include a statement from that individual certifying his/her agreement
for you to access his/her records.
CONTESTING RECORD PROCEDURES:
See ``Records Access Procedures'' above.
NOTIFICATION PROCEDURES:
See ``Records Access Procedures'' above.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
Information compiled solely for the purpose of determining
suitability, eligibility, or qualification for federal civilian
employment or access to classified information may be exempted from the
access provisions pursuant to 5 U.S.C. 552a(k)(1) and/or (5). See 80 FR
32039.
HISTORY:
A full notice of this system of records, DOT/OST 035--DOT OST 035--
Personnel Security Enterprise System, was published in the Federal
Register on April 11, 2000 (65 FR 19553).
Issued in Washington, DC.
Karyn Gorman,
Departmental Chief Privacy Officer.
[FR Doc. 2024-13825 Filed 6-24-24; 8:45 am]
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