81 FR 3395 - Privacy Act of 1974; System of Records

DEPARTMENT OF DEFENSE
Office of the Secretary

Federal Register Volume 81, Issue 13 (January 21, 2016)

Page Range		3395-3397
FR Document		2016-01084
The Office of the Secretary of Defense proposes to alter a system of records notice DWHS P28, entitled ``Personnel Security Operations File'' to maintain security clearance and authorized access information.
Federal Register, Volume 81 Issue 13 (Thursday, January 21, 2016)
[Federal Register Volume 81, Number 13 (Thursday, January 21, 2016)]
[Notices]
[Pages 3395-3397]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-01084]


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DEPARTMENT OF DEFENSE

Office of the Secretary

[Docket ID: DoD-2016-OS-0003]


Privacy Act of 1974; System of Records

AGENCY: Office of the Secretary of Defense, DoD.

ACTION: Notice to alter a System of Records.

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

SUMMARY: The Office of the Secretary of Defense proposes to alter a 
system of records notice DWHS P28, entitled ``Personnel Security 
Operations File'' to maintain security clearance and authorized access 
information.

DATES: Comments will be accepted on or before February 22, 2016. This 
proposed

[[Page 3396]]

action will be effective on 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: Department of Defense, Office of the Deputy Chief 
Management Officer, Directorate of Oversight and Compliance, Regulatory 
and Audit Matters Office, 9010 Defense Pentagon, Washington, DC 20301-
9010.
    Instructions: All submissions received must include the agency name 
and docket number for this Federal Register document. The general 
policy for comments and other submissions from members of the public is 
to make these submissions available for public viewing on the Internet 
at 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 the FOR FURTHER INFORMATION 
CONTACT or from the Defense Privacy and Civil Liberties Division Web 
site at http://dpcld.defense.gov/.
    The proposed systems reports, as required by 5 U.S.C. 552a(r) of 
the Privacy Act, as amended, were submitted on January 7, 2016 to the 
House Committee on Oversight and Government Reform, the Senate 
Committee on Homeland Security and Governmental Affairs, and the Office 
of Management and Budget (OMB) pursuant to paragraph 4c of Appendix I 
to OMB Circular No. A-130, ``Federal Agency Responsibilities for 
Maintaining Records About Individuals,'' dated February 8, 1996, 
(February 20, 1996, 61 FR 6427).

    Dated: January 14, 2016.
Aaron Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
DWHS P28

System name:
    Personnel Security Operations File (August 17, 2001, 66 FR 43236).

Changes:
* * * * *

System location:
    Delete entry and replace with ``Personnel Security Operations 
Division (PSOD), Human Resources Directorate (HRD), Washington 
Headquarters Services (WHS), Department of Defense (DoD), 1155 Defense 
Pentagon, Washington DC 20301-1155.''

Categories of individuals covered by the system:
    Delete entry and replace with ``Applicants for, civilian employees 
of, and military members assigned to, WHS, the Office of the Secretary 
of Defense (OSD), and its components and supported organizations who 
require either vetting under Homeland Security Presidential Directive-
12 for vetting purposes or require access to classified DoD information 
or materials.
    Contractors supporting the above organizations covered by Homeland 
Security Presidential Directive-12 for vetting purposes.
    Experts and consultants serving with or without compensation.
    Certain employees of the Congressional Budget Office and the U.S. 
Capitol Police, who require access to classified DoD information or 
materials.
    Staff of Congressional committees and Congressional member office 
staff of the U.S. Senate and U.S. House of Representatives who require 
access to classified DoD information or material.
    Employees of other Federal agencies detailed to the OSD.
    Members and staff of DoD and Presidential Boards, Commissions and 
Task Forces.
    Members detailed to DoD from other Executive Branch Agencies.
    Defense contractors requiring access to special programs.Sole 
entity contractors who require access to classified DoD information or 
materials.
    Unsalaried students working as interns in supported 
organizations.''

Categories of records in the system:
    Delete entry and replace with ``Name, Social Security Number (SSN), 
type of DoD affiliation, employing activity, current employment status, 
position sensitivity, personnel security investigative basis, status of 
current adjudicative action, security clearance eligibility and access 
status, reports of security-related incidents, to include issue files, 
suspension of eligibility and/or access, clearance withdrawal or 
suspension, denial or revocation of eligibility and/or access, 
eligibility recommendations or decisions made by an appellate 
authority, non-disclosure execution dates, indoctrination date(s), 
level(s) of access granted, debriefing date(s), and reason for 
debriefing.''

Authority for maintenance of the system:
    Delete entry and replace with ``E.O. 10450, Security Requirements 
for Government Employment; E.O. 10865, Safeguarding Classified 
Information Within Industry; Homeland Security Presidential Directive-
12: Policy for a Common Identification Standard for Federal Employees 
and Contractors; DoD Directive 5200.2, DoD Personnel Security Program; 
DoD 5200.2-R, DoD Personnel Security Program; and E.O. 9397 (SSN), as 
amended.''

Purpose(s):
    Delete entry and replace with ``To maintain security clearance and 
authorized access information.''

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:
    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 federal, state, or local

[[Page 3397]]

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

Retrievability:
    Delete entry and replace with ``Name and SSN.''

Safeguards:
    Delete entry and replace with ``Records are maintained under the 
direct control of office personnel during duty hours. Building has 
security guards and office is locked and alarmed during non-duty hours. 
Computer media is stored in controlled areas. Computer terminal access 
is controlled by Common Access Cards and/or user passwords that are 
periodically changed. Classified files are maintained in paper form, 
versus the electronic storage media. Paper records are maintained in 
security containers with access to records limited to person(s) 
responsible for servicing the record in performance of their official 
duties and who are properly screen and cleared for need-to-know.''

Retention and disposal:
    Delete entry and replace with ``Inactivate file when employee 
leaves the Agency; retain in files storage area and destroy after 2 
years. Files for military personnel are destroyed upon separation. 
Files pertaining to contractor SCI eligibility are destroyed upon 
favorable SCI eligibility determination.''

System manager(s) and address:
    Delete entry and replace with ``Personnel Security Operations 
Division, Human Resources Directorate, Washington Headquarters 
Services, Department of Defense, 1155 Defense Pentagon, Washington, DC 
20301-1155.''

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 the Personnel Security Operations 
Division, Human Resources Directorate, Washington Headquarters 
Services, Department of Defense, 1155 Defense Pentagon, Washington DC 
20301-1155.
    Signed, written requests must include the full name of the 
individual, SSN, and name of the program.''

Record access procedures:
    Delete entry and replace with ``Individuals seeking to access 
information about themselves contained in this system should address 
written inquiries to the Office of the Secretary of Defense/Freedom of 
Information Act Requester Service Center, 4800 Mark Center Drive, 
Alexandria, VA 22350-3100.
    Signed, written requests must include the full name of the 
individual, SSN, name of the program, and the name and number of this 
system of records notice.''
* * * * *

Record source categories:
    Delete entry and replace with ``The individual, background 
investigations and summaries of information from background 
investigations from the investigating agency, employment suitability 
related information; and forms and correspondence relating to the 
security clearance and access of the individual.''
* * * * *
[FR Doc. 2016-01084 Filed 1-20-16; 8:45 am]
 BILLING CODE 5001-06-P
Federal Register / Vol. 81, No. 13 / Thursday, January 21, 2016 / Notices 3395

maintained by a DoD Component may suspected or confirmed compromise NOTIFICATION PROCEDURE:
be disclosed as a routine use to any there is a risk of harm to economic or Individuals seeking to determine
component of the Department of Justice property interests, identity theft or whether information about themselves
for the purpose of representing the fraud, or harm to the security or is contained in this system of records
Department of Defense, or any officer, integrity of this system or other systems should address written inquiries to the
employee or member of the Department or programs (whether maintained by the Technical Director, Development,
in pending or potential litigation to Component or another agency or entity) Requirements, and Resources, DCPAS
which the record is pertinent. that rely upon the compromised EHRIS, 4800 Mark Center Drive,
Disclosure of Information to the information; and (3) the disclosure Alexandria, VA 22350–1100.
National Archives and Records made to such agencies, entities, and Signed, written requests should
Administration Routine Use. A record persons is reasonably necessary to assist contain the individual’s name and/or
from a system of records maintained by in connection with the Components DoD ID number, organization, and
a DoD Component may be disclosed as efforts to respond to the suspected or contact information.
a routine use to the National Archives confirmed compromise and prevent,
RECORD ACCESS PROCEDURES:
and Records Administration for the minimize, or remedy such harm.
purpose of records management The DoD Blanket Routine Uses set Individuals seeking access to
inspections conducted under authority forth at the beginning of the Office of information about themselves contained
of 44 U.S.C. 2904 and 2906. the Secretary of Defense (OSD) in this system should address written
Disclosure to the Merit Systems compilation of systems of records inquiries to the Office of the Secretary
Protection Board Routine Use. A record notices may apply to this system. The of Defense/Joint Staff Freedom of
from a system of records maintained by complete list of DoD Blanket Routine Information Act, Requester Service
a DoD Component may be disclosed as Uses can be found Online at: http:// Center, Office of Freedom of
a routine use to the Merit Systems dpcld.defense.gov/Privacy/ Information, 1155 Defense Pentagon,
Protection Board, including the Office of SORNsIndex/BlanketRoutineUses.aspx. Washington, DC 20301–1155.
the Special Counsel for the purpose of Signed, written requests should
litigation, including administrative POLICIES AND PRACTICES FOR STORING, contain the name and number of this
proceedings, appeals, special studies of RETRIEVING, ACCESSING, RETAINING, AND system of records notice, and the
DISPOSING OF RECORDS IN THE SYSTEM: individual’s name and/or DoD ID
the civil service and other merit
systems, review of OPM or component STORAGE: number, organization, and contact
rules and regulations, investigation of information.
Electronic storage media.
alleged or possible prohibited personnel CONTESTING RECORD PROCEDURES:
practices; including administrative RETRIEVABILITY:
The OSD rules for accessing records,
proceedings involving any individual Name and/or DoD ID Number. for contesting contents, and appealing
subject of a DoD investigation, and such
SAFEGUARDS: initial agency determinations are
other functions, promulgated in 5 U.S.C.
Records are accessed and/or contained in OSD Administrative
1205 and 1206, or as may be authorized
maintained in areas accessible only to Instruction 81; 32 CFR part 311; or may
by law.
authorized personnel. Physical controls be obtained from the system manager.
DISCLOSURE TO THE MERIT SYSTEMS PROTECTION include security guards, identification RECORD SOURCE CATEGORIES:
BOARD ROUTINE USE:
badges, key cards, cipher locks, closed Individual; Defense Civilian
A record from a system of records circuit TV, door locks and access codes,
maintained by a DoD Component may Personnel Data System.
and monitoring and escort requirements
be disclosed as a routine use to the for all visitors. Technical controls EXEMPTIONS CLAIMED FOR THE SYSTEM:
Merit Systems Protection Board, include user identification, intrusion None.
including the Office of the Special detection system, encryption, external [FR Doc. 2016–01037 Filed 1–20–16; 8:45 am]
Counsel for the purpose of litigation, certificate authority certificate, firewall, BILLING CODE 5001–06–P
including administrative proceedings, virtual privacy network, Common
appeals, special studies of the civil Access Cards, and Public Key
service and other merit systems, review Infrastructure certificates. DEPARTMENT OF DEFENSE
of OPM or Component rules and Administrative controls include
regulations, investigation of alleged or periodic security audits, regular Office of the Secretary
possible prohibited personnel practices; monitoring of users’ security practices,
including administrative proceedings [Docket ID: DoD–2016–OS–0003]
methods to ensure only authorized
involving any individual subject of a personnel have access to personal Privacy Act of 1974; System of
DoD investigation, and such other information, and encryption of backups Records
functions, promulgated in 5 U.S.C. 1205 containing sensitive data.
and 1206, or as may be authorized by AGENCY: Office of the Secretary of
law. RETENTION AND DISPOSAL: Defense, DoD.
Data Breach Remediation Purposes Disposition pending (until the ACTION: Notice to alter a System of
Routine Use. A record from a system of National Archives and Records Records.
records maintained by a Component Administration have approved the
asabaliauskas on DSK9F6TC42PROD with NOTICES

may be disclosed to appropriate retention and disposition of these SUMMARY: The Office of the Secretary of
agencies, entities, and persons when (1) records) treat records as permanent. Defense proposes to alter a system of
The Component suspects or has records notice DWHS P28, entitled
confirmed that the security or SYSTEM MANAGER(S) AND ADDRESS: ‘‘Personnel Security Operations File’’ to
confidentiality of the information in the Technical Director, Development, maintain security clearance and
system of records has been Requirements, and Resources, DCPAS authorized access information.
compromised; (2) the Component has EHRIS, 4800 Mark Center Drive, DATES: Comments will be accepted on or
determined that as a result of the Alexandria, VA 22350–1100. before February 22, 2016. This proposed

VerDate Sep<11>2014 18:26 Jan 20, 2016 Jkt 238001 PO 00000 Frm 00019 Fmt 4703 Sfmt 4703 E:\FR\FM\21JAN1.SGM 21JAN1
Document Created: 2018-02-02 12:33:44
Document Modified: 2018-02-02 12:33:44
Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice to alter a System of Records.
Dates		Comments will be accepted on or before February 22, 2016. This proposed action will be effective on the date following the end of the comment period unless comments are received which result in a contrary determination.
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.
FR Citation		81 FR 3395
81 FR 3395 - Privacy Act of 1974; System of Records

DEPARTMENT OF DEFENSEOffice of the Secretary

Federal Register Volume 81, Issue 13 (January 21, 2016)

DEPARTMENT OF DEFENSE
Office of the Secretary
