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)

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, 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.

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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