83 FR 52420 - Privacy Act of 1974; System of Records

DEPARTMENT OF DEFENSE
Office of the Secretary

Federal Register Volume 83, Issue 201 (October 17, 2018)

Page Range		52420-52426
FR Document		2018-22508
The Office of the Secretary of Defense (OSD) proposes to establish a new system of records, ``Personnel Vetting Records System,'' DUSDI 02-DoD. The system supports the Department of Defense (DoD) in conducting end-to-end personnel security, fitness, suitability, and credentialing processes, including application and questionnaire submission, investigations, adjudications, and continuous vetting activities. The Personnel Vetting Records System integrates DoD information technology capabilities developed to support the execution of federal background investigation activities, including: Investigations and determinations of eligibility for access to classified national security information, eligibility to occupy a sensitive position, and for access to special access programs; suitability for federal employment; fitness of contractor personnel to perform work for or on behalf of the U.S. Government, and Homeland Security Presidential Directive (HSPD)-12 determinations for Personal Identity Verification (PIV) credentials to gain logical or physical access to government facilities and systems. The Personnel Vetting Records System also supports: submissions of adverse personnel information; verification of investigation and adjudicative history and status; support of continuous evaluation (CE); and insider threat detection, prevention, and mitigation activities. The system may also be used as a management tool for statistical analyses; tracking, reporting, and evaluating program effectiveness; and conducting research related to personnel vetting.
Federal Register, Volume 83 Issue 201 (Wednesday, October 17, 2018)
[Federal Register Volume 83, Number 201 (Wednesday, October 17, 2018)]
[Notices]
[Pages 52420-52426]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-22508]


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DEPARTMENT OF DEFENSE

Office of the Secretary

[Docket ID: DoD-2018-OS-0076]


Privacy Act of 1974; System of Records

AGENCY: Office of the Secretary, DoD.

ACTION: Notice of a new system of records.

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SUMMARY: The Office of the Secretary of Defense (OSD) proposes to 
establish a new system of records, ``Personnel Vetting Records 
System,'' DUSDI 02-DoD. The system supports the Department of Defense 
(DoD) in conducting end-to-end personnel security, fitness, 
suitability, and credentialing processes, including application and 
questionnaire submission, investigations, adjudications, and continuous 
vetting activities. The Personnel Vetting Records System integrates DoD 
information technology capabilities developed to support the execution 
of federal background investigation activities, including: 
Investigations and determinations of eligibility for access to 
classified national security information, eligibility to occupy a 
sensitive position, and for access to special access programs; 
suitability for federal employment; fitness of contractor personnel to 
perform work for or on behalf of the U.S. Government, and Homeland 
Security Presidential Directive (HSPD)-12 determinations for Personal 
Identity Verification (PIV) credentials to gain logical or physical 
access to government facilities and systems. The Personnel Vetting 
Records System also supports: submissions of adverse personnel 
information; verification of investigation and adjudicative history and 
status; support of continuous evaluation (CE); and insider threat 
detection, prevention, and mitigation activities. The system may also 
be used as a management tool for statistical analyses; tracking, 
reporting, and evaluating program effectiveness; and conducting 
research related to personnel vetting.

DATES: This SORN, with the exception of routine uses, is effective on 
October 17, 2018. Routine Uses will be effective November 16, 2018. 
Comments will be accepted on or before November 16, 2018.

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 Chief Management 
Officer, Directorate of Oversight and Compliance, 4800 Mark Center 
Drive, Mailbox #24, Suite 08D09, Alexandria, VA 22350-1700.
    Instructions: All submissions received must include the agency name 
and docket number for this Federal Register document. The general 
policy for comments and other submissions from members of the public is 
to make these submissions available for public viewing on the internet 
at http://www.regulations.gov as they are received without change, 
including any personal identifiers or contact information.

FOR FURTHER INFORMATION CONTACT: Mr. Mark Nehmer, Technical Director, 
Defense Security Enterprise/Federal Vetting Enterprise Program 
Executive Office, Building 600, 10th Street, Ft. George G. Meade, MD 
20755; by email at [email protected] or by phone at (301) 833-
3488.

[[Page 52421]]


SUPPLEMENTARY INFORMATION: The OSD is proposing to establish a system 
of records that will be integral to the Federal Government's need to 
conduct background investigations and make vetting decisions for 
persons who are proposed for new or continuing access to classified 
national security information, eligibility to positions with sensitive 
duties, enlistment or appointment into a military service, federal 
employment, assignment to contractual duties in support of federal 
requirements, or physical or logical access to U.S. Government systems 
or facilities.
    As background, in January 2016 the Federal Government announced a 
series of changes to modernize and strengthen how the Federal 
Government performs and safeguards background investigations for 
federal employees, military personnel, and contractor personnel. The 
changes resulted from a review conducted by the interagency Performance 
Accountability Council (PAC) to re-examine reforms to the federal 
background investigations process, assess additional enhancements to 
further secure information networks and systems, and determine 
improvements that could be made to the way the Federal Government 
conducts background investigations for suitability, security, and 
credentialing (SSC).
    One of the actions resulting from the PAC review was a direction to 
leverage expertise at the DoD for processing background investigations 
and protecting against threats. DoD was therefore assigned the 
responsibility to design, build, test, operate, and secure the National 
Background Investigation System (NBIS), a federal government-wide 
information technology system for conducting federal SSC investigations 
and adjudications. Specific direction for the Secretary of Defense to 
design, develop, deploy, operate, secure, defend, and continuously 
update and modernize, as necessary, vetting information technology 
systems is stated in subsection 2.6(b) of Executive Order 13467, as 
amended by Executive Order 13764, issued on January 23, 2017. 
Requirements for NBIS elements and enhancements were also passed into 
law by the National Defense Authorization Acts for fiscal years 2017 
and 2018 (Pub. L. 114-328, paragraph 951(f)(1), and Pub. L. 115-91, 
paragraph 925(f)(1), respectively).
    This Privacy Act system of records consists of background 
investigation information collected, created, and compiled in 
connection with authorized personnel security background 
investigations, adjudications, and continuous vetting activities 
conducted by the DoD.
    The OSD notices for systems of records subject to the Privacy Act 
of 1974, as amended, are published in the Federal Register and are 
available from the address in FOR FURTHER INFORMATION CONTACT or at the 
Defense Privacy, Civil Liberties, and Transparency Division website at 
https://defense.gov/privacy.
    The proposed systems reports, as required by of the Privacy Act, as 
amended, were submitted on September 5, 2018, 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 Section 6 to OMB Circular No. A-108, ``Federal 
Agency Responsibilities for Review, Reporting, and Publication under 
the Privacy Act,'' revised December 23, 2016 (December 23, 2016, 81 FR 
94424).

    Dated: October 11, 2018.
Shelly E. Finke,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
SYSTEM NAME AND NUMBER:
    Personnel Vetting Records System, DUSDI 02-DoD.

SECURITY CLASSIFICATION:
    Unclassified and Classified. This system of records consists of 
linked information systems and records that support DoD's personnel 
security, suitability, fitness, and credentialing processes. Some of 
these systems may contain classified information.

SYSTEM LOCATION:
    Defense Information Systems Agency (DISA), DISA Defense Enterprise 
Computing Center (DECC), 3990 E Broad St, Columbus, OH 43213-1152.

SYSTEM MANAGER(S):
    Mr. Mark Nehmer, Technical Director, Defense Security Enterprise/
Federal Vetting Enterprise Program Executive Office, Building 600, 10th 
Street, Ft. George G. Meade, MD 20755; by email at 
[email protected] or by phone at (301) 833-3488.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    10 U.S.C. 137, Under Secretary of Defense for Intelligence; 10 
U.S.C. 504, Persons Not Qualified; 10 U.S.C. 505, Regular components: 
Qualifications, term, grade; Atomic Energy Act of 1954, 60 Stat. 755; 
Public Law 108-458, The Intelligence Reform and Terrorism Prevention 
Act of 2004 (50 U.S.C. 401 note); Public Law 114-92, Section 1086, 
National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2016, 
Reform and Improvement of Personnel Security, Insider Threat Detection 
and Prevention, and Physical Security (10 U.S.C. 1564 note); Public Law 
114-328, Section 951 (NDAA for FY2017), Enhanced Security Programs for 
Department Defense Personnel and Innovation Initiatives (10 U.S.C. 1564 
note); Public Law 115-91, Section 925, (NDAA for FY2018) Background and 
Security Investigations for Department of Defense Personnel (10 U.S.C. 
1564 note); 5 U.S.C. 9101, Access to Criminal History Records for 
National Security and Other Purposes; Executive Order (E.O.) 13549, as 
amended, Classified National Security Information Program for State, 
Local, Tribal, and Private Sector Entities; E.O. 12333, as amended, 
United States Intelligence Activities; E.O. 12829, as amended, National 
Industrial Security Program; E.O. 10865, as amended, Safeguarding 
Classified Information Within Industry; E.O. 13467, as amended, 
Reforming Processes Related to Suitability for Government Employment, 
Fitness for Contractor Employees, and Eligibility for Access to 
Classified National Security Information; E.O. 12968, as amended, 
Access to Classified Information; E.O. 13470, Further Amendments to 
Executive Order 12333; E.O. 13488, as amended, Granting Reciprocity on 
Excepted Service and Federal Contractor Employee Fitness and 
Reinvestigating Individuals in Positions of Public Trust; E.O. 13526, 
Classified National Security Information; E.O. 13741, Amending 
Executive Order 13467, To Establish the Roles and Responsibilities of 
the National Background Investigations Bureau and Related Matters; E.O. 
13764, Amending the Civil Service Rules; DoD Manual 5200.02, Procedures 
for the DoD Personnel Security Program (PSP); DoD Instruction (DoDI) 
1400.25, Volume 731, DoD Civilian Personnel Management System: 
Suitability and Fitness Adjudication for Civilian Employees; DoDI 
5200.46, DoD Investigative and Adjudicative Guidance for Issuing the 
Common Access Card (CAC); Homeland Security Presidential Directive 
(HSPD) 12: Policy for a Common Identification Standard for Federal 
Employees and Contractors; Federal Information Processing Standard 
(FIPS) 201-2, Personal Identity Verification (PIV) of Federal Employees 
and Contractors; and E.O. 9397 (SSN), as amended.

PURPOSE(S) OF THE SYSTEM:
    This system of records allows DoD to conduct end-to-end personnel 
security, suitability, fitness, and credentialing processes, including 
application and questionnaire submission,

[[Page 52422]]

investigations, adjudications, and continuous vetting (including 
continuous evaluation) activities.
    DoD developed the information technology capabilities that 
contribute to the Personnel Vetting Records System to support federal 
background investigation processes pursuant to Executive Order 13467, 
as amended, and Section 925 of the National Defense Authorization Act 
(NDAA) for FY2018. The Personnel Vetting Records System integrates 
information technology capabilities to conduct background 
investigations activities including: investigations and determinations 
of eligibility for access to classified national security information, 
and for access to special access programs; suitability for federal 
employment; fitness of contractor personnel to perform work for or on 
behalf of the U.S. Government; and Homeland Security Presidential 
Directive (HSPD)-12 determinations for Personal Identity Verification 
(PIV) credentials to gain logical or physical access to government 
facilities and systems. The Personnel Vetting Records System also 
supports: submissions of adverse personnel information; verification of 
investigation and adjudicative history and status; continuous 
evaluation; and insider threat detection, prevention, and mitigation 
activities.
    Records in the information systems covered by this system notice 
may also be used as a management tool for statistical analyses; 
tracking, reporting, and evaluating program effectiveness; and 
conducting research related to personnel vetting. This system notice 
does not cover personnel vetting records (including investigation and 
adjudication records) collected or retained separately by those DoD 
Components with specific personnel vetting authorities and that conduct 
their own investigations and vetting, or by non-DoD agencies.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Personnel for whom DoD conducts or adjudicates background 
investigations for security, suitability, fitness, and credentialing. 
This includes Armed Forces personnel; DoD and U.S. Coast Guard civilian 
personnel, DoD contractor personnel and consultants, and applicants for 
those positions; civilian employees, contractor personnel and 
consultants, and applicants for those positions, working for or on 
behalf of other federal agencies and offices, for whom DoD conducts 
background investigations; other government personnel who have 
authorized access to the system for reciprocity purposes; 
``affiliated'' personnel (e.g., Non-Appropriated Fund employees, Red 
Cross volunteers and staff, USO personnel, and congressional staff 
members); and other individuals (including contractor personnel of 
other government entities and foreign nationals) requiring a DoD 
determination for fitness, HSPD-12 access, access to classified 
national security information, Sensitive Compartmented Information, 
and/or assignment to a position with sensitive duties; and officials or 
employees of State, local, tribal and private sector entities sponsored 
for access to classified information by a federal agency.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Name (current, former and alternate names); Social Security Number 
(SSN); DoD Identification Number (DoD ID Number); date of birth; place 
of birth; height; weight; hair and eye color; gender; sex; mother's 
maiden name; residential history, phone numbers, and email addresses; 
employment history; military records and discharge information; 
selective service registration record; educational data, including 
conduct records and degrees earned; names of relatives, associates and 
references with their contact information; country(ies) of citizenship; 
travel, immigration, and passport information; mental health history; 
records related to drug and/or alcohol use; financial record 
information; information from the Internal Revenue Service pertaining 
to income tax returns; bureau of vital statistics records (e.g., birth 
certificate, death certificate, marriage application and license); 
credit reports; prior security clearance and investigative information; 
type of DoD affiliation; employing activity; current employment status; 
position sensitivity; personnel security investigative basis; status of 
current adjudicative action; security clearance eligibility status and 
access status; self-reported information; eligibility recommendations 
or decisions made by an appellate authority; inadvertent disclosure 
briefing and agreement; non-disclosure execution dates; indoctrination 
date(s); level(s) of access granted; briefing/debriefing date(s) and 
reasons for briefing/debriefing; and other biographical information as 
required during the course of a background investigation.
    Records documenting the outcomes of investigations and 
adjudications conducted by other Federal investigative organizations 
(e.g., U.S. Office of Personnel Management (OPM), Federal Bureau of 
Investigation (FBI), National Aeronautics and Space Administration 
(NASA), etc.) and locator references to such investigations. Entries 
documenting fitness determinations, HSPD-12 access, continuous vetting 
adverse information flags, or counter insider threat reports of the 
subject.
    Name, date and place of birth, social security number, country of 
citizenship, criminal history and prior security clearance and 
investigative information for spouse or cohabitant(s); the name and 
marriage information for current and/or former spouse(s); the 
country(ies) of citizenship, name, date and place of birth, contact 
information (e.g., phone numbers, email addresses), and address for 
relatives.
    Reports from pre-employment screening, such as counterintelligence 
screening or military accessions vetting; results of subject and 
reference interviews conducted during the course of background 
investigations, continuous evaluation, counter insider threat, 
counterintelligence screening, security incident resolution, or program 
access requests.
    Information detailing agency investigation requests including type 
of investigation requested, tracking codes, and requesting officials' 
contact information.
    Polygraph reports, polygraph charts, polygraph tapes and recordings 
in other forms, and notes from polygraph interviews or activities 
related to polygraph interviews.
    Biometric information including but not limited to images and 
fingerprints; criminal and civil fingerprint history information.
    Foreign contact, affections, associates (e.g., family members, 
friends or social contacts), travel, and activities information, 
including names of individuals known, dates, country(ies) of 
citizenship, country(ies) of residence, type and nature or contact, 
financial interests, assets, benefits from foreign governments, 
countries and dates of arrival and departure for U.S. border crossings; 
association records; information on loyalty to the United States.
    Criminal history information, including information contained in 
local, state, military, Federal, and foreign criminal justice agency 
records and local, state, military, and Federal civil and criminal 
court records. Information about affiliation with known criminal and/or 
terrorist organizations.
    Records concerning civil or administrative proceedings, (for 
example, bankruptcy records, civil lawsuits, Merit System Protection

[[Page 52423]]

Board), including information contained in local, state, military, 
Federal, and foreign courts and agency records.
    Information about and evidence of unauthorized use or misuse of 
information technology systems.
    Information aggregated in counter-insider threat inquiries or 
investigations, including payroll information, travel vouchers, 
benefits information, equal employment opportunity complaints, 
performance evaluations, disciplinary files, training records, 
substance abuse and mental health records of individuals undergoing law 
enforcement action or presenting an identifiable imminent threat, 
counseling statements, outside work and activities requests, and 
personal contact records; particularly sensitive or protected 
information, including information held by special access programs, law 
enforcement, inspector general, or other investigative sources or 
programs. Access to such information may require additional approval by 
the senior official who is responsible for managing and overseeing the 
program; information related to reports regarding harassment or 
discrimination.
    Information collected through user activity monitoring, which is 
the technical capability to observe and record the actions and 
activities of all users, at any time, on a computer network controlled 
by a government agency in order to deter, detect, and/or mitigate 
insider threats as well as to support authorized investigations. Such 
information may include key strokes, screen captures, and content 
transmitted via email, chat, or data import or export.
    Agency or Component summaries of reports, and full reports, about 
potential insider threats from records of usage of government telephone 
systems, including the telephone number initiating the call, the 
telephone number receiving the call, and the date and time of the call.
    U.S. and foreign finance and real estate information that consists 
of names of financial institutions, number of accounts held, monthly 
and year-end account balances for bank and investment accounts, 
address, year of purchase and price, capital investment costs, lease or 
rental information, year of lease or rental, monthly payments, deeds, 
lender/loan information and foreclosure history; information on owned 
and leased vehicles, boats, airplanes and other U.S. and foreign assets 
that include type, make, model, year, plate or identification number, 
year leased, monthly rental payment; year of purchase and price, and 
fair market value; information pertaining to large or suspicious 
currency transactions; U.S. and foreign mortgages, loans, and 
liabilities information that consist of type of loan, names and 
addresses of creditors, original balance, monthly and year-end balance, 
monthly payments, and payment history.
    Publicly available electronic information about or generated by a 
covered individual (e.g., public records, civil court records, social 
media content, news articles, and web blog information).
    Results of record checks and data analyses for purposes of 
improving all types of investigations, reinvestigations, or continuous 
evaluation with respect to efficiency or cost-effectiveness.

RECORD SOURCE CATEGORIES:
    Information contained in this system is obtained from the 
individual (e.g. SF-85, Questionnaire for Non-Sensitive Positions; SF-
85P, Questionnaire for Public Trust Positions; SF-86, Questionnaire for 
the National Security Positions; or self-reported information provided 
in other forms, such as interviews); DoD personnel and other record 
systems (e.g. Defense Enrollment Eligibility Reporting System; Defense 
Civilian Personnel Data System; Electronic Military Personnel Record 
System, Department of Defense (DoD) Insider Threat Management and 
Analysis Center (DITMAC) and DoD Component Insider Threat Records 
System, etc.); continuous evaluation records; DoD and Federal 
investigative and adjudicative facilities/organizations; other Federal 
agency records and/or systems of records (as authorized by their 
routine use clauses in system of records notices) that provide 
security-relevant information; and security managers, security 
officers, or other officials requesting or sponsoring an individual for 
security eligibility, suitability, fitness or credentialing 
determination, or determinations concerning access to facilities. 
Additional information may be obtained from Federal, State, local, or 
tribal government entities, including information from criminal or 
civil investigations, courts, law enforcement agencies, agencies 
authorized to collect information concerning citizenship, probation 
officials, prison officials, information technology officials, and 
security representatives. Information also may be obtained from other 
publicly available information sources, commercial data providers 
(e.g., credit reporting companies and online news sources), past and 
present employers, personal references and associates, relatives, 
neighbors, education institutions, subject's personal financial 
records, military service records, travel records, medical records, and 
unsolicited sources.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSES OF SUCH USES:
    In addition to disclosures generally permitted under 5 U.S.C. 
552a(b) of the Privacy Act of 1974, as amended, the records contained 
herein, may specifically be disclosed outside the DoD as a routine use 
pursuant to 5 U.S.C. 552a(b)(3) as follows:
    a. To Federal, State, and local government agencies, if necessary, 
to obtain information from them which will assist DoD in conducting 
studies and analyses in support of evaluating and improving the 
effectiveness of personnel security, suitability, and credentialing 
programs and methodologies.
    b. To the Federal Bureau of Investigation and U.S. Office of 
Personnel Management personnel to help ensure the accuracy and 
completeness of FBI, OPM, and DoD records.
    c. To the Office of Personnel Management, the Office of the 
Director of National Intelligence, and other federal government 
agencies responsible for conducting background investigations, 
continuous evaluation, and continuous vetting in order to provide them 
with information relevant to their inquiries and investigations.
    d. To designated officers and employees of Federal, State, local, 
territorial, tribal, international, or foreign agencies, or other 
public authorities, or to other offices or establishments in the 
executive, legislative, or judicial branches of the Federal Government, 
in connection with the hiring or retention of an employee, the conduct 
of a suitability, credentialing, or security investigation, the 
classifying of jobs, 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 and the Department deems appropriate.
    e. To designated officers and employees of agencies, offices, and 
other establishments in the executive, legislative, and judicial 
branches of the Federal Government or the Government of the District of 
Columbia having a need to investigate, evaluate, or make a 
determination regarding loyalty to the United States; qualification, 
suitability, or fitness for Government employment or military service; 
eligibility for logical

[[Page 52424]]

or physical access to 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.
    f. To an element of the U.S. Intelligence Community as identified 
in E.O. 12333, as amended, for use in intelligence activities for the 
purpose of protecting the United States national security interests.
    g. To an agency, office, or other establishment in the executive, 
legislative, or judicial branches of the Federal Government in response 
to its request, in connection with its current employee's, contractor 
employee's, or military member's retention; loyalty; qualifications, 
suitability, or fitness for employment; eligibility for logical or 
physical access to federally-controlled facilities or information 
systems; eligibility for access to classified information or to hold a 
sensitive position; qualifications or fitness to perform work for or on 
behalf of the Government under contract, grant, or other agreement; or 
access to restricted areas.
    h. To contractors, grantees, or volunteers performing or working on 
a contract, service, grant, cooperative agreement, or assignment for 
the Federal Government, when necessary to accomplish an agency function 
related to this system of records. Such recipients shall be required to 
comply with the Privacy Act of 1974, as amended.
    i. To the appropriate Federal, State, local, tribal, foreign, or 
other public authority in the event of a natural or manmade disaster. 
The record will be used to provide leads to assist in locating missing 
subjects or assist in determining the health and safety of the subject. 
The record will also be used to assist in identifying victims and 
locating any surviving next of kin.
    j. For agencies that use adjudicative support services of another 
agency, at the request of the original agency, the information may be 
furnished to the agency providing the adjudicative support.
    k. 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 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.
    l. To any source from which information is requested in the course 
of an investigation, to the extent necessary to identify the individual 
under investigation, inform the source of the nature and purpose of the 
investigation, and to identify the type of information requested.
    m. To contractors whose employees require fitness determinations, 
or eligibility for access to classified national security information, 
for the purpose of ensuring that the employer is appropriately informed 
about the status of the employee's application for a fitness or 
eligibility determination.
    n. To provide information 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. However, the 
investigative file, or parts thereof, will only be released to a 
congressional office if DoD receives a notarized authorization or 
signed statement under 28 U.S.C. 1746 from the subject of the 
investigation.
    o. To the Director of National Intelligence, as Security Executive 
Agent, the Director of the Office of Personnel Management, as 
Suitability Executive Agent or Credentialing Executive Agent, or their 
assignee, to perform any functions authorized by law or executive order 
in support of personnel security programs, suitability, and/or 
credentialing. Examples include the Intelligence Reform and Terrorism 
Prevention Act and E.O. 13741--Amending Executive Order 13467 To 
Establish the Roles and Responsibilities of the National Background 
Investigations Bureau and Related Matters.
    p. To the White House to obtain approval of the President of the 
United States regarding certain military personnel officer actions as 
provided for in DoD Instruction 1320.04, Military Officer Actions 
Requiring Approval of the President, Secretary of Defense or the Under 
Secretary of Defense for Personnel and Readiness Approval, or 
Confirmation by the Senate.
    q. To the U.S. Citizenship and Immigration Services for use in 
alien admission and naturalization inquiries.
    r. For the Merit Systems Protection Board --To disclose information 
to officials of the Merit Systems Protection Board or the Office of the 
Special Counsel, when requested in connection with appeals, special 
studies of the civil service and other merit systems, review of 
applicable agency rules and regulations, investigations of alleged or 
possible prohibited personnel practices, and such other functions, 
e.g., as promulgated in 5 U.S.C. 1205 and 1206, or as may be authorized 
by law.
    s. To disclose information to an agency Equal Employment 
Opportunity (EEO) office or to the Equal Employment Opportunity 
Commission when requested in connection with investigations into 
alleged or possible discriminatory practices in the Federal sector, or 
in the processing of a Federal sector EEO complaint.
    t. To disclose information to the Federal Labor Relations Authority 
or its General Counsel when requested in connection with investigations 
of allegations of unfair labor practices or matters before the Federal 
Service Impasses Panel.
    u. To another Federal agency's Office of Inspector General when DoD 
becomes aware of an indication of misconduct or fraud during the 
applicant's submission of the standard forms.
    v. To another Federal agency's Office of Inspector General in 
connection with its inspection or audit activity of the investigative 
or adjudicative processes and procedures of its agency as authorized by 
the Inspector General Act of 1978, as amended, exclusive of requests 
for civil or criminal law enforcement activities.
    w. To a Federal agency or state unemployment compensation office 
upon its request in order to adjudicate a claim for unemployment 
compensation benefits when the claim for benefits is made as the result 
of a qualifications, suitability, fitness, security, identity 
credential, or access determination.
    x. To appropriately cleared individuals in Federal agencies, to 
determine whether information obtained in the course of processing the 
background investigation is or should be classified.
    y. To the Office of the Director of National Intelligence for 
inclusion in its Scattered Castles system in order to facilitate 
reciprocity of background investigations and security clearances within 
the intelligence community or assist agencies in obtaining information 
required by the Federal Investigative Standards.
    z. To the Office of Personnel Management (OPM) for the purpose of 
addressing civilian pay and leave, benefits, retirement deduction, and 
any other information necessary for the OPM to carry out its legally 
authorized government-wide personnel management functions and studies.
    aa. A record from this system may be disclosed as a routine use 
outside the DoD or the U.S. Government for the purpose of 
counterintelligence,

[[Page 52425]]

counterterrorism, and homeland defense activities authorized by U.S. 
Law or Executive Order or for the purpose of enforcing laws which 
protect the national security of the United States; this includes 
disclosure to Executive Branch Agency insider threat, 
counterintelligence, and counterterrorism officials to fulfill their 
responsibilities under applicable Federal law and policy, including but 
not limited to E.O. 12333, 13587 and the National Insider Threat Policy 
and Minimum Standards.
    bb. To the appropriate Federal, State, local, territorial, tribal, 
foreign, or international law enforcement authority or other 
appropriate entity where a record, either alone or in conjunction with 
other information, indicates a violation or potential violation of law, 
whether criminal, civil, 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 and 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.
    cc. To any component of the Department of Justice for the purpose 
of representing DoD, or its components, officers, employees, or members 
in pending or potential litigation to which the record is pertinent.
    dd. In an appropriate proceeding before a court, grand jury, or 
administrative or adjudicative body or official (including to another 
Federal agency or party in litigation in such a proceeding, as well as 
to the administrative or adjudicative body or official), when the DoD 
or other Agency representing the DoD determines that the records are 
relevant and necessary to the proceeding; or in an appropriate 
proceeding before an administrative or adjudicative body when the 
adjudicator determines the records to be relevant to the proceeding.
    ee. To the National Archives and Records Administration for the 
purpose of records management inspections conducted under the authority 
of 44 U.S.C. 2904 and 2906.
    ff. To appropriate agencies, entities, and persons when (1) the DoD 
suspects or has confirmed that there has been a breach of the system of 
records; (2) the DoD has determined that as a result of the suspected 
or confirmed breach there is a risk of harm to individuals, the DoD 
(including its information systems, programs, and operations), the 
Federal Government, or national security; and (3) the disclosure made 
to such agencies, entities, and persons is reasonably necessary to 
assist in connection with the DoD's efforts to respond to the suspected 
or confirmed breach or to prevent, minimize, or remedy such harm.
    gg. To another Federal agency or Federal entity, when the DoD 
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.

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

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    Draft Records Retention/Disposition Schedule is currently in 
development, pending submission to and approval from the Archivist of 
the United States, National Archives and Records Administration (NARA). 
Unscheduled NBIS records will be treated as permanent until receipt of 
retention/disposition instruction approval from the Archivist of the 
United States, NARA.

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    The system is protected against compromise of Personally 
Identifiable Information (PII) and cyberattack by the full suite of 
defenses and sensors of the DoD cybersecurity perimeter. Electronic 
data is encrypted where it is stored, and network traffic is encrypted 
based on the type of user traffic and risk to PII data. User access to 
data is protected using Identity and Access Management with multifactor 
authentication that will only allow an authenticated and authorized 
user to access or manipulate the specific records based on user role 
and permissions. The system audits access to information. Paper records 
are contained and stored in safes and locked filing cabinets that are 
located in a secure area with access only by authorized personnel. 
Physical entry is restricted by the use of locks, guards, and 
administrative procedures. All individuals granted access to the system 
must complete Information Assurance and Privacy Act training before 
initially accessing the system and annually thereafter, and these users 
must have also been adjudicated as being eligible for system access 
through the information technology credentialing and/or security 
clearance eligibility process.

RECORD ACCESS PROCEDURES:
    Individuals seeking information about themselves contained in this 
system should address written inquiries to the Defense Security 
Service, Office of FOIA and PA, 27130 Telegraph Road, Quantico, VA 
22134-2253. Requests for vetting records not covered by this system 
notice, including vetting records maintained by other DoD Components 
and other federal agencies, should be addressed to those DoD Components 
and federal agencies.
    Signed, written requests should contain the requester's full name 
(and any alias and/or alternate names used), SSN, DoD ID Number (if 
available), and date and place of birth.
    In addition, the requester must provide either a notarized 
statement or an unsworn declaration made in accordance with 28 U.S.C. 
1746, in the following format:
    If executed outside the United States: ``I declare (or certify, 
verify, or state) under penalty of perjury under the laws of the United 
States of America that the foregoing is true and correct. Executed on 
(date). (Signature).''
    If executed within the United States, its territories, possessions, 
or commonwealths: ``I declare (or certify, verify, or state) under 
penalty of perjury that the foregoing is true and correct. Executed on 
(date). (Signature).'' Attorneys or other persons acting on behalf of 
an individual must provide written authorization from that individual 
for their representative to act on their behalf.
    Note: Information generated, authored, or compiled by another 
Government agency that is relevant to the purpose of the record may be 
incorporated into the record. In such instances that information will 
be referred to the originating entity for direct response to the 
requester, or contact information and record access procedures for the 
other agency will be provided to the requester.

CONTESTING RECORD PROCEDURES:
    The Department of Defense rules for accessing records, contesting 
contents,

[[Page 52426]]

and appealing initial agency determinations are contained in 32 CFR 
part 310; or may be obtained from the system manager.

NOTIFICATION PROCEDURES:
    Individuals seeking to determine whether information about 
themselves is contained in this system should address written inquiries 
to Defense Security Service, Office of FOIA and PA, 27130 Telegraph 
Road, Quantico, VA 22134-2253. Requests for vetting records not covered 
by this systems notice, including vetting records maintained by other 
DoD Components and other federal agencies, should be addressed to those 
DoD Components and federal agencies.
    Signed, written requests should contain the requester's full name, 
telephone number, street address, email address, and name and number of 
this system of records notice.
    In addition, the requester must provide either 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).''

EXEMPTIONS CLAIMED FOR THE SYSTEM:
    The DoD is exempting records maintained in DUSDI 02-DoD ``Personnel 
Vetting Records System,'' from subsections (c)(3), (d)(1), (d)(2), 
(d)(3), (d)(4), and (e)(1) of the Privacy Act pursuant to 5 U.S.C. 
552a(k)(1), (2), (3), (5), (6), and (7). In addition, in the course of 
carrying out personnel vetting, including records checks for continuous 
vetting, exempt records from other systems of records may in turn 
become part of the records maintained in this system. To the extent 
that copies of exempt records from those other systems of records are 
maintained in this system, the Department also claims the same 
exemptions for the records from those other systems that are maintained 
in this system, as claimed for the original primary system of which 
they are a part.
    An exemption rule for this system has been promulgated in 
accordance with requirements of 5 U.S.C. 553(b) (1), (2), and (3), (c) 
and (e) and published in 32 CFR part 310. For additional information 
contact the system manager.

HISTORY:
    None.

[FR Doc. 2018-22508 Filed 10-16-18; 8:45 am]
 BILLING CODE 5001-06-P
Federal Register / Vol. 83, No. 201 / Wednesday, October 17, 2018 / Notices 52421

SUPPLEMENTARY INFORMATION: The OSD continuous vetting activities conducted Reform and Improvement of Personnel
is proposing to establish a system of by the DoD. Security, Insider Threat Detection and
records that will be integral to the The OSD notices for systems of Prevention, and Physical Security (10
Federal Government’s need to conduct records subject to the Privacy Act of U.S.C. 1564 note); Public Law 114–328,
background investigations and make 1974, as amended, are published in the Section 951 (NDAA for FY2017),
vetting decisions for persons who are Federal Register and are available from Enhanced Security Programs for
proposed for new or continuing access the address in FOR FURTHER INFORMATION Department Defense Personnel and
to classified national security CONTACT or at the Defense Privacy, Civil Innovation Initiatives (10 U.S.C. 1564
information, eligibility to positions with Liberties, and Transparency Division note); Public Law 115–91, Section 925,
sensitive duties, enlistment or website at https://defense.gov/privacy. (NDAA for FY2018) Background and
appointment into a military service, The proposed systems reports, as Security Investigations for Department
federal employment, assignment to required by of the Privacy Act, as of Defense Personnel (10 U.S.C. 1564
contractual duties in support of federal amended, were submitted on September note); 5 U.S.C. 9101, Access to Criminal
requirements, or physical or logical 5, 2018, to the House Committee on History Records for National Security
access to U.S. Government systems or Oversight and Government Reform, the and Other Purposes; Executive Order
facilities. Senate Committee on Homeland (E.O.) 13549, as amended, Classified
As background, in January 2016 the Security and Governmental Affairs, and National Security Information Program
Federal Government announced a series the Office of Management and Budget for State, Local, Tribal, and Private
of changes to modernize and strengthen (OMB) pursuant to Section 6 to OMB Sector Entities; E.O. 12333, as amended,
how the Federal Government performs Circular No. A–108, ‘‘Federal Agency United States Intelligence Activities;
and safeguards background Responsibilities for Review, Reporting, E.O. 12829, as amended, National
investigations for federal employees, and Publication under the Privacy Act,’’ Industrial Security Program; E.O. 10865,
military personnel, and contractor revised December 23, 2016 (December as amended, Safeguarding Classified
personnel. The changes resulted from a 23, 2016, 81 FR 94424). Information Within Industry; E.O.
review conducted by the interagency 13467, as amended, Reforming
Dated: October 11, 2018.
Performance Accountability Council Processes Related to Suitability for
(PAC) to re-examine reforms to the Shelly E. Finke,
Government Employment, Fitness for
federal background investigations Alternate OSD Federal Register Liaison Contractor Employees, and Eligibility
process, assess additional enhancements Officer, Department of Defense. for Access to Classified National
to further secure information networks SYSTEM NAME AND NUMBER: Security Information; E.O. 12968, as
and systems, and determine amended, Access to Classified
improvements that could be made to the Personnel Vetting Records System, Information; E.O. 13470, Further
way the Federal Government conducts DUSDI 02–DoD. Amendments to Executive Order 12333;
background investigations for SECURITY CLASSIFICATION: E.O. 13488, as amended, Granting
suitability, security, and credentialing Unclassified and Classified. This Reciprocity on Excepted Service and
(SSC). system of records consists of linked Federal Contractor Employee Fitness
One of the actions resulting from the and Reinvestigating Individuals in
information systems and records that
PAC review was a direction to leverage Positions of Public Trust; E.O. 13526,
support DoD’s personnel security,
expertise at the DoD for processing Classified National Security
suitability, fitness, and credentialing
background investigations and Information; E.O. 13741, Amending
processes. Some of these systems may
protecting against threats. DoD was Executive Order 13467, To Establish the
contain classified information.
therefore assigned the responsibility to Roles and Responsibilities of the
design, build, test, operate, and secure SYSTEM LOCATION: National Background Investigations
the National Background Investigation Defense Information Systems Agency Bureau and Related Matters; E.O. 13764,
System (NBIS), a federal government- (DISA), DISA Defense Enterprise Amending the Civil Service Rules; DoD
wide information technology system for Computing Center (DECC), 3990 E Broad Manual 5200.02, Procedures for the DoD
conducting federal SSC investigations St, Columbus, OH 43213–1152. Personnel Security Program (PSP); DoD
and adjudications. Specific direction for Instruction (DoDI) 1400.25, Volume 731,
the Secretary of Defense to design, SYSTEM MANAGER(S): DoD Civilian Personnel Management
develop, deploy, operate, secure, Mr. Mark Nehmer, Technical Director, System: Suitability and Fitness
defend, and continuously update and Defense Security Enterprise/Federal Adjudication for Civilian Employees;
modernize, as necessary, vetting Vetting Enterprise Program Executive DoDI 5200.46, DoD Investigative and
information technology systems is Office, Building 600, 10th Street, Ft. Adjudicative Guidance for Issuing the
stated in subsection 2.6(b) of Executive George G. Meade, MD 20755; by email Common Access Card (CAC); Homeland
Order 13467, as amended by Executive at Mark.A.Nehmer.civ@mail.mil or by Security Presidential Directive (HSPD)
Order 13764, issued on January 23, phone at (301) 833–3488. 12: Policy for a Common Identification
2017. Requirements for NBIS elements Standard for Federal Employees and
and enhancements were also passed AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Contractors; Federal Information
into law by the National Defense 10 U.S.C. 137, Under Secretary of Processing Standard (FIPS) 201–2,
Authorization Acts for fiscal years 2017 Defense for Intelligence; 10 U.S.C. 504, Personal Identity Verification (PIV) of
and 2018 (Pub. L. 114–328, paragraph Persons Not Qualified; 10 U.S.C. 505, Federal Employees and Contractors; and
951(f)(1), and Pub. L. 115–91, paragraph Regular components: Qualifications, E.O. 9397 (SSN), as amended.
daltland on DSKBBV9HB2PROD with NOTICES

925(f)(1), respectively). term, grade; Atomic Energy Act of 1954,
This Privacy Act system of records 60 Stat. 755; Public Law 108–458, The PURPOSE(S) OF THE SYSTEM:
consists of background investigation Intelligence Reform and Terrorism This system of records allows DoD to
information collected, created, and Prevention Act of 2004 (50 U.S.C. 401 conduct end-to-end personnel security,
compiled in connection with authorized note); Public Law 114–92, Section 1086, suitability, fitness, and credentialing
personnel security background National Defense Authorization Act processes, including application and
investigations, adjudications, and (NDAA) for Fiscal Year (FY) 2016, questionnaire submission,

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Federal Register / Vol. 83, No. 201 / Wednesday, October 17, 2018 / Notices 52425

counterterrorism, and homeland defense (3) the disclosure made to such authorized personnel. Physical entry is
activities authorized by U.S. Law or agencies, entities, and persons is restricted by the use of locks, guards,
Executive Order or for the purpose of reasonably necessary to assist in and administrative procedures. All
enforcing laws which protect the connection with the DoD’s efforts to individuals granted access to the system
national security of the United States; respond to the suspected or confirmed must complete Information Assurance
this includes disclosure to Executive breach or to prevent, minimize, or and Privacy Act training before initially
Branch Agency insider threat, remedy such harm. accessing the system and annually
counterintelligence, and gg. To another Federal agency or thereafter, and these users must have
counterterrorism officials to fulfill their Federal entity, when the DoD also been adjudicated as being eligible
responsibilities under applicable determines that information from this for system access through the
Federal law and policy, including but system of records is reasonably information technology credentialing
not limited to E.O. 12333, 13587 and the necessary to assist the recipient agency and/or security clearance eligibility
National Insider Threat Policy and or entity in (1) responding to a process.
Minimum Standards. suspected or confirmed breach or (2)
bb. To the appropriate Federal, State, RECORD ACCESS PROCEDURES:
preventing, minimizing, or remedying
local, territorial, tribal, foreign, or the risk of harm to individuals, the Individuals seeking information about
international law enforcement authority recipient agency or entity (including its themselves contained in this system
or other appropriate entity where a information systems, programs and should address written inquiries to the
record, either alone or in conjunction operations), the Federal Government, or Defense Security Service, Office of FOIA
with other information, indicates a national security, resulting from a and PA, 27130 Telegraph Road,
violation or potential violation of law, suspected or confirmed breach. Quantico, VA 22134–2253. Requests for
whether criminal, civil, or regulatory in vetting records not covered by this
nature, and whether arising by general POLICIES AND PRACTICES FOR STORAGE OF system notice, including vetting records
RECORDS:
statute or by regulation, rule, or order maintained by other DoD Components
issued pursuant thereto. The relevant Records are maintained in paper and and other federal agencies, should be
records in the system of records may be electronic storage media, in accordance addressed to those DoD Components
referred, as a routine use, to the agency with the safeguards below. and federal agencies.
concerned and charged with the POLICIES AND PRACTICES FOR RETRIEVAL OF
Signed, written requests should
responsibility of investigating or RECORDS: contain the requester’s full name (and
prosecuting such violation or charged Information is retrieved by SSN, case any alias and/or alternate names used),
with enforcing or implementing the number, DoD ID number, name, date of SSN, DoD ID Number (if available), and
statute, rule, regulation, or order issued birth, state and/or country of birth, or date and place of birth.
pursuant thereto. In addition, the requester must
some combination thereof.
cc. To any component of the provide either a notarized statement or
Department of Justice for the purpose of POLICIES AND PRACTICES FOR RETENTION AND an unsworn declaration made in
representing DoD, or its components, DISPOSAL OF RECORDS: accordance with 28 U.S.C. 1746, in the
officers, employees, or members in Draft Records Retention/Disposition following format:
pending or potential litigation to which Schedule is currently in development, If executed outside the United States:
the record is pertinent. pending submission to and approval ‘‘I declare (or certify, verify, or state)
dd. In an appropriate proceeding from the Archivist of the United States, under penalty of perjury under the laws
before a court, grand jury, or National Archives and Records of the United States of America that the
administrative or adjudicative body or Administration (NARA). Unscheduled foregoing is true and correct. Executed
official (including to another Federal NBIS records will be treated as on (date). (Signature).’’
agency or party in litigation in such a permanent until receipt of retention/ If executed within the United States,
proceeding, as well as to the disposition instruction approval from its territories, possessions, or
administrative or adjudicative body or the Archivist of the United States, commonwealths: ‘‘I declare (or certify,
official), when the DoD or other Agency NARA. verify, or state) under penalty of perjury
representing the DoD determines that that the foregoing is true and correct.
the records are relevant and necessary to ADMINISTRATIVE, TECHNICAL, AND PHYSICAL
Executed on (date). (Signature).’’
the proceeding; or in an appropriate SAFEGUARDS:
Attorneys or other persons acting on
proceeding before an administrative or The system is protected against behalf of an individual must provide
adjudicative body when the adjudicator compromise of Personally Identifiable written authorization from that
determines the records to be relevant to Information (PII) and cyberattack by the individual for their representative to act
the proceeding. full suite of defenses and sensors of the on their behalf.
ee. To the National Archives and DoD cybersecurity perimeter. Electronic Note: Information generated,
Records Administration for the purpose data is encrypted where it is stored, and authored, or compiled by another
of records management inspections network traffic is encrypted based on Government agency that is relevant to
conducted under the authority of 44 the type of user traffic and risk to PII the purpose of the record may be
U.S.C. 2904 and 2906. data. User access to data is protected incorporated into the record. In such
ff. To appropriate agencies, entities, using Identity and Access Management instances that information will be
and persons when (1) the DoD suspects with multifactor authentication that will referred to the originating entity for
or has confirmed that there has been a only allow an authenticated and direct response to the requester, or
daltland on DSKBBV9HB2PROD with NOTICES

breach of the system of records; (2) the authorized user to access or manipulate contact information and record access
DoD has determined that as a result of the specific records based on user role procedures for the other agency will be
the suspected or confirmed breach there and permissions. The system audits provided to the requester.
is a risk of harm to individuals, the DoD access to information. Paper records are
(including its information systems, contained and stored in safes and CONTESTING RECORD PROCEDURES:
programs, and operations), the Federal locked filing cabinets that are located in The Department of Defense rules for
Government, or national security; and a secure area with access only by accessing records, contesting contents,

VerDate Sep<11>2014 19:46 Oct 16, 2018 Jkt 247001 PO 00000 Frm 00050 Fmt 4703 Sfmt 4703 E:\FR\FM\17OCN1.SGM 17OCN1
Document Created: 2018-10-17 01:47:59
Document Modified: 2018-10-17 01:47:59
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 of a new system of records.
Dates		This SORN, with the exception of routine uses, is effective on October 17, 2018. Routine Uses will be effective November 16, 2018. Comments will be accepted on or before November 16, 2018.
Contact		Mr. Mark Nehmer, Technical Director, Defense Security Enterprise/Federal Vetting Enterprise Program Executive Office, Building 600, 10th Street, Ft. George G. Meade, MD 20755; by email at [email protected] or by phone at (301) 833- 3488.
FR Citation		83 FR 52420
83 FR 52420 - Privacy Act of 1974; System of Records

DEPARTMENT OF DEFENSEOffice of the Secretary

Federal Register Volume 83, Issue 201 (October 17, 2018)

DEPARTMENT OF DEFENSE
Office of the Secretary
