80 FR 8074 - Privacy Act of 1974; System of Records

DEPARTMENT OF DEFENSE
Office of the Secretary

Federal Register Volume 80, Issue 30 (February 13, 2015)

The Office of the Secretary of Defense proposes to alter a system of records, V5-02, entitled ``Defense Clearance and Investigations Index (DCII)'' in its inventory of record systems subject to the Privacy Act of 1974, as amended. The DCII is a central database of DoD conducted or sponsored investigations used by DoD law enforcement activities, personnel security adjudicators, and in the Continuous Evaluation program. It also aggregates the results of National Agency Check (NAC) information prior to February 2005 (NAC information after this period is maintained by OPM as well as other Federal investigative agencies). Records document investigations on file with DoD agencies and the United States Coast Guard. The database also provides data query, data management and reporting capabilities on data pertaining to the existence and physical location of criminal and personnel security investigative files.

[Federal Register Volume 80, Number 30 (Friday, February 13, 2015)]
[Notices]
[Pages 8074-8076]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-02968]


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DEPARTMENT OF DEFENSE

Office of the Secretary

[Docket ID DoD-2015-OS-0016]


Privacy Act of 1974; System of Records

AGENCY: Office of the Secretary of Defense, DoD.

ACTION: Notice to alter a System of Records.

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SUMMARY: The Office of the Secretary of Defense proposes to alter a 
system of records, V5-02, entitled ``Defense Clearance and 
Investigations Index (DCII)'' in its inventory of record systems 
subject to the Privacy Act of 1974, as amended.
    The DCII is a central database of DoD conducted or sponsored 
investigations used by DoD law enforcement activities, personnel 
security adjudicators, and in the Continuous Evaluation program. It 
also aggregates the results of National Agency Check (NAC) information 
prior to February 2005 (NAC information after this period is maintained 
by OPM as well as other Federal investigative agencies). Records 
document investigations on file with DoD agencies and the United States 
Coast Guard.
    The database also provides data query, data management and 
reporting capabilities on data pertaining to the existence and physical 
location of criminal and personnel security investigative files.

DATES: Comments will be accepted on or before March 16, 2015. This 
proposed action will be effective the date following the end of the 
comment period unless comments are received which result in a contrary 
determination.

ADDRESSES: You may submit comments, identified by docket number and 
title, by any of the following methods:
    * Federal Rulemaking Portal: http://www.regulations.gov. Follow the 
instructions for submitting comments.
    * Mail: Federal Docket Management System Office, 4800 Mark Center 
Drive, East Tower, 2nd Floor, Suite 02G09, Alexandria, VA 22350-3100.
    Instructions: All submissions received must include the agency name 
and docket number for this Federal Register document. The general 
policy for comments and other submissions from members of the public is 
to make these submissions available for public viewing on the Internet 
at http://www.regulations.gov as they are received without change, 
including any personal identifiers or contact information.

FOR FURTHER INFORMATION CONTACT: Ms. Cindy Allard, Chief, OSD/JS 
Privacy Office, Freedom of Information Directorate, Washington 
Headquarters Service, 1155 Defense Pentagon, Washington, DC 20301-1155, 
or by phone at (571) 372-0461.

SUPPLEMENTARY INFORMATION: The Office of the Secretary of Defense 
notices for systems of records subject to the Privacy Act of 1974 (5 
U.S.C. 552a), as amended, have been published in the Federal Register 
and are available from the address in FOR FURTHER INFORMATION CONTACT 
or at the Defense Privacy and Civil Liberties Division Web site at 
http://dpcld.defense.gov/.
    The proposed system report, as required by U.S.C. 552a(r) of the 
Privacy Act of 1974, as amended, was submitted on February 6, 2015, to 
the House Committee on Oversight and Government Reform, the Senate 
Committee on Governmental Affairs, and the Office of Management and 
Budget (OMB) pursuant to paragraph 4c of Appendix I to OMB Circular No. 
A-130, ``Federal Agency Responsibilities for Maintaining Records About 
Individuals,'' dated February 8, 1996 (February 20, 1996, 61 FR 6427).

    Dated: February 9, 2015.
Aaron Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
V5-02

System name:
    Defense Clearance and Investigations Index (DCII) (August 17, 1999, 
64 FR 44704).

Changes:
* * * * *

System ID:
    Delete entry and replace with ``DMDC 13 DoD.''

System name:
    Delete entry and replace with ``Defense Central Index of 
Investigations (DCII).''

System location:
    Delete entry and replace with ``Defense Manpower Data Center, DoD 
Center Monterey Bay, 400 Gigling Road, Seaside, CA 93955-6771.''

Categories of individuals covered by the system:
    Delete entry and replace with ``All Armed Forces personnel, DoD and 
U.S. Coast Guard civilian employees, federal contractor employees, and 
applicants, ``affiliated'' personnel (such as Non-Appropriated Fund 
employees, Red Cross volunteers and staff; USO personnel, and 
congressional staff members) who are the subject of an investigation 
completed by or for a DoD investigative organization or the United 
States Coast Guard when that investigation is retained by the 
organization and the name is submitted for central indexing.''

Categories of records in the system:
    Delete entry and replace with ``Records contain names, known alias, 
Social Security Number (SSN), date of birth, state of birth, country of 
birth, date investigation completed, employing agencies/companies, type 
of incident, type of record, and investigation information to include 
custodian of the file, year indexed, number used by the repository to 
locate the file location of the investigation, and file number.''

Authority for maintenance of the system:
    Delete entry and replace with ``E.O. 12829, National Industrial 
Security Program; E.O. 13467, Reforming Processes Related to 
Suitability for Government Employment, Fitness for Contractor 
Employees, and Eligibility for Access to Classified National Security 
Information; DoD Instruction 1320.04, Military Officer Actions 
Requiring Presidential, Secretary of Defense, or Under Secreary of 
Defense for Personnel and Readiness Approval or Senate Confirmation; 
DoDI 5200.02, DoD Personnel Security Program (PSP); DoDI 5505.07, 
Titling and Indexing Subjects of Criminial Investigations in the 
Department of Defense; and E.O. 9397 (SSN), as amended.''

Purpose(s):
    Delete entry and replace with ``The DCII is a central database of 
DoD conducted or sponsored investigations used by DoD law enforcement 
activities, personnel security adjudicators, and in the Continuous 
Evaluation program. It also aggregates the results of National Agency 
Check (NAC) information prior to February 2005 (NAC information after 
this period is maintained by OPM as well as other Federal investigative 
agencies). Records document investigations on file with DoD agencies 
and the United States Coast Guard.
    The database also provides data query, data management and 
reporting

[[Page 8075]]

capabilities on data pertaining to the existence and physical location 
of criminal and personnel security investigative files.''

Routine uses of records maintained in the system, including categories 
of users and the purposes of such uses:
    Delete entry and replace with ``In addition to those disclosures 
generally permitted under 5 U.S.C. 552a(b) of the Privacy Act of 1974, 
as amended, the records contained herein may specifically be disclosed 
outside the DoD as a routine use pursuant to 5 U.S.C. 552a(b)(3) as 
follows:
    To the White House to obtain approval of the President of the 
United States regarding certain military personnel officer actions.
    To the U.S. Senate for appointments and promotions which require 
Senate confirmation.
    To Federal agencies for use in the performance of criminal 
investigation and personnel security activities to determine the 
security clearance status of an individual and to determine the 
existence or physical location of criminal and personnel security 
investigative files.
    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 Department of Justice for Litigation Routine Use: 
A record from a system of records maintained by a DoD Component may be 
disclosed as a routine use to any component of the Department of 
Justice for the purpose of representing the Department of Defense, or 
any officer, employee or member of the Department in pending or 
potential litigation to which the record is pertinent.
    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.
    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: http://dpcld.defense.gov/
Privacy/SORNsIndex/BlanketRoutineUses.aspx''

Policies and practices for storing, retrieving, accessing, retaining, 
and disposing of records in the system:
Storage:
    Delete entry and replace with ``Electronic storage media.''

Retrievability:
    Delete entry and replace with ``SSN, name, combination of another 
data element with date of birth and/or place of birth; and/or by 
employing agencies/companies, type of incident, type of record, or file 
number.''

Safeguards:
    Delete entry and replace with ``Records are accessible only to 
authorized persons with a valid need-to-know, who are appropriately 
screened, investigated, and determined eligible for access. Physical 
safeguards include guards, the use of identification badges, and closed 
circuit TV. Technical safeguards include Personally Identifiable 
Verification (PIV) card login, Intrusion Detection System, encryption, 
firewall, and virtual private network. Administrative safeguards 
include security audits, monitoring of users' security practices, and 
encrypting backups of sensitive data offsite.''

Retention and disposal:
    Delete entry and replace with ``Records are deleted in accordance 
with DoD Component authorized disposition schedules or 15 years after 
completion date of the last update for that file, whichever is 
sooner.''

System manager(s) and address:
    Delete entry and replace with ``Deputy Director for Identity and 
Personnel Assurance, Defense Manpower Data Center, 4800 Mark Center, 
Alexandria, VA 22350-4000.''

Notification procedure:
    Delete entry and replace with ``Individuals seeking to determine 
whether information about themselves is contained in this system should 
address written inquiries to: Defense Manpower Data Center (DMDC) 
Boyers, ATTN: Privacy Act Office, P.O. Box 168, Boyers, PA 16020-0168.
    Written requests must contain the full name and SSN of the subject 
individual, along with a return address.''

Record access procedures:
    Delete entry and replace with ``Individuals seeking access to 
records about themselves contained in this system should address 
written inquiries to: 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 SSN of the 
subject individual, a return address, and the name and number of this 
system of records notice.
    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.''

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

[[Page 8076]]

Record source categories:
    Delete entry and replace with ``Air Force Office of Special 
Investigations, Army Crime Records Directorate, Army Investigation 
Record Repository, Defense Contract Management Agency, Defense 
Intelligence Agency, Defense Logistics Agency, Department of Defense 
Consolidated Adjudications Facility, Department of Defense Office of 
Inspector General, National Security Agency, Naval Criminal 
Investigative Service, Pentagon Force Protection Agency, United States 
Coast Guard and other DoD agencies performing criminal investigation or 
personnel security activities.''
* * * * *
[FR Doc. 2015-02968 Filed 2-12-15; 8:45 am]
BILLING CODE 5001-06-P