[Federal Register Volume 63, Number 15 (Friday, January 23, 1998)]
[Notices]
[Pages 3546-3549]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-1579]


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DEPARTMENT OF DEFENSE

Department of the Navy


Privacy Act of 1974; System of Records Notice

AGENCY: Department of the Navy, DoD.
ACTION: Notice to Amend a Record System.

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SUMMARY: The Department of the Navy proposes to amend a system of 
records notice in its inventory of record systems subject to the 
Privacy Act of 1974 (5 U.S.C. 552a), as amended.
DATES: The amendment will be effective on February 23, 1998, unless 
comments are received that would result in a contrary determination.
ADDRESSES: Send comments to the Department of the Navy, PA/FOIA Policy 
Branch, Chief of Naval Operations (N09B30), 2000 Navy Pentagon, 
Washington, DC 20350-2000.
FOR FURTHER INFORMATION CONTACT: Mrs. Doris Lama at (202) 685-6545 or 
DSN 325-6545.
SUPPLEMENTARY INFORMATION: The Department of the Navy's record system 
notices for records systems 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 above.
    The Department of the Navy proposes to amend a system of records 
notice in its inventory of record systems subject to the Privacy Act of 
1974 (5 U.S.C.

[[Page 3547]]

552a), as amended. The changes to the system of records are not within 
the purview of subsection (r) of the Privacy Act of 1974 (5 U.S.C. 
552a), as amended, which requires the submission of new or altered 
systems report. The record system being amended is set forth below, as 
amended, published in its entirety.
    Dated: January 16, 1998.

L. M. Bynum,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
N05520-5

System name:
    Personnel Security Program Management Records System (April 16, 
1997, 62 FR 18590).

Changes:
* * * * *

Categories of individuals covered by the system:
    In line four, after the word `require' add `or may in the future 
require' and in line 10, delete the words `whose duties require a USCG 
security clearance'.
* * * * *
N05520-5

System name:
    Personnel Security Program Management Records System.

System location:
    Department of the Navy Central Adjudication Facility, Washington 
Navy Yard, Building 176, Room 308, Washington, DC 20388-5389.
    System computer facility: Defense Investigative Service (DIS), 
Personnel Investigations Center, 911 Eldridge Landing Road, Linthicum, 
MD 21090-2902.
    Record documentation: Naval Criminal Investigative Service (NCIS), 
Washington Navy Yard, Building 111, Records Management Division, 901 M 
Street, SE, Washington, DC 20388-5380.
    Decentralized segments: The security office of command to which the 
individual is assigned; Headquarters, Naval Security Group Command, 
9800 Savage Road, Fort George G. Meade, MD 20755-6585; Office of Naval 
Intelligence, National Maritime Intelligence Center, ATTN: ONI-OCB3, 
4251 Suitland Road, Washington, DC 20395-5720; and, Headquarters, Naval 
Criminal Investigative Service, Washington Navy Yard, Building 111, 901 
M Street, SE, Washington, DC 20388-5380.
    Additionally, duplicate portions of records may be held by the 
Chief of Naval Personnel (Pers-81), Washington, DC 20370-5000, Office 
of Civilian Personnel Management, 800 N. Quincy Street, Arlington, VA 
22203-1998; Naval Reserve Personnel Center, New Orleans, LA 70149-7800; 
Headquarters, U.S. Marine Corps (Code MIF), 2 Navy Annex, Washington, 
DC 20380-0001; and, the security office at the local activity to which 
the individual is assigned. Official mailing addresses are published as 
an appendix to the Navy's compilation of system of record notices.

Categories of individuals covered by the system:
    All Department of the Navy military personnel and civilian 
employees and certain `affiliated employees' whose duties require or 
may in the future require a DON security clearance or assignment to 
sensitive positions and aliens being processed for access to National 
Security information. Also included are DON adjudicative actions for 
all U.S. Coast Guard (USCG) military personnel and those USCG civilian 
employees having access to sensitive compartmented information only. 
Individuals adjudicated as a result of interservice and interagency 
support agreements. `Affiliated employees' include contractors, 
consultants, nonappropriated fund employees, USO personnel and Red-
Cross volunteers and staff.

Categories of records in the system:
    Navy Joint Adjudicative and Clearance System (NJACS), the automated 
portion of this system, contains records that include an individual's 
name, Social Security Number, date and place of birth, citizenship 
status and the unit identification code (UIC) of the individual's 
assignment. Other data elements track the individual's status in the 
clearance adjudication process and records the final determination. 
Data files may also include duty-assignment designations and 
sensitivity levels, as well as specific access such as cryptographic 
information access or participation in the Personnel Reliability 
Program.
    The documentation system includes information pertaining to the 
investigation, inquiry, or its adjudication by clearance authority to 
include: (1) Chronology of the investigation, inquiry, and/or 
adjudication; (2) all recommendations regarding future status of 
subject; (3) decisions of security/loyalty review boards and Defense 
Office of Hearings and Appeals (DOHA); (4) final actions/determinations 
made regarding subject; and (5) security clearance, access 
authorizations, or security determination; index tracings that contain 
aliases and names of subject as reflected in Defense Clearance and 
Investigations Index (DCII) under system notice V5-02; security 
termination; notification of denial, suspension, or revocation of 
clearance or access; classified nondisclosure agreements created from 
1987 to early 1992 and managed by DON CAF; and other documentation 
related to the adjudication decision.
    At local command security offices information includes tickler 
copies of requests for clearance and access; records of access, reports 
of disqualifying/derogatory information; records of clearance of 
individual personnel as well as accreditation of personnel for access 
to classified information requiring special access authorizations; 
nondisclosure agreements, associated briefings and debriefing 
statements; and other related records supporting the Personnel Security 
Program.

Authority for maintenance of the system:
    5 U.S.C. 301, Departmental Regulations; 5 U.S.C. 7311; 10 U.S.C. 
5013; and E.O. 9397 (SSN); E.O. 10450, Security Requirements for 
Government Employees, in particular sections 2, 3, 4, 5, 6, 7, 8, 9, 
and 14; 12958, Classified National Security Information; 12968, Access 
to Classified Information; DoD Regulation 5200.2-R, Personnel Security 
Program Regulation; and OPNAV Instruction 5510.1H, Department of Navy 
Information and Personnel Security Program Regulation.

Purpose(s):
    To provide a comprehensive system to manage information required to 
adjudicate and document the eligibility of DON military, civilian, and 
certain affiliated employees for access to classified information and 
assignment to sensitive positions. These records are also used to make 
determinations of suitability for promotion, employment, or 
assignments.

Routine uses of records maintained in the system, including categories 
of users and the purposes of such uses:
    In addition to those disclosures generally permitted under 5 U.S.C. 
552a(b) of the Privacy Act, these records or information contained 
therein may specifically be disclosed outside the DoD as a routine use 
pursuant to 5 U.S.C. 552a(b)(3) as follows:
    To the White House to obtain approval of the President of the 
United States regarding certain military personnel officer actions as 
provided for in DoD Instruction 1320.4.

[[Page 3548]]

    To the Immigration and Naturalization Service for use in alien 
admission and naturalization inquiries for purposes of determining 
access to National Security information.
    The `Blanket Routine Uses' that appear at the beginning of the 
Navy's compilation of systems notices apply to this system.

Policies and practices for storing, retrieving, accessing, retaining, 
and disposing of records in the system:
Storage:
    Maintained on paper records in file folders, audio or audiovisual 
tapes, micro-imaging; CD-ROM; optical digital data disk; computers; 
magnetic tapes, disks, and drums; and computer output products.

Retrievability:
    By name, dossier number, Social Security Number, and date and place 
of birth.

Safeguards:
    Buildings employ alarms, security guards, and/or rooms are security 
controlled areas accessible only to authorized persons. DON CAF primary 
system paper and microfilm records are maintained in General Service 
Administration approved security containers and/or are stored in 
security controlled areas accessible only to authorized persons. 
Locally generated paper security records and/or copies of investigative 
reports are stored in a vault, safe, or steel file cabinet having at 
least a lock bar and approved three-position, dial type combination 
padlock, or in similarly protected containers or area. Electronically 
and optically stored records are maintained in `fail-safe' system 
software with password protected access. Records are accessible only to 
authorized persons with a need-to-know who are properly screened, 
cleared, and trained.
    Files transferred to NCIS Records Management Division for storage 
are monitored and stored on open shelves and filing cabinets located in 
secure areas accessible to only authorized personnel.

Retention and disposal:
    Investigative/adjudicative records on non-DoD persons who are 
considered for affiliation with DoD are destroyed after 1 year if 
affiliation is not completed.
    Investigative/DON CAF adjudicative records of a routine nature are 
retained in the active file until final adjudicative decision is made; 
then retired to NCIS Records Management Division and retained for 15 
years after last action reflected in the file, except that files that 
contain significant derogatory information and/or resulted in adverse 
action(s) against the individual are destroyed after 25 years. 
Administrative papers not included in the case file are destroyed 1 
year after closure or when no longer needed, whichever is later. 
Records determined to be of historical value, of wide spread value or 
Congressional interest are permanent. They will be retained for 25 
years after the date of last action reflected in the file and then 
permanently transferred to the National Archives. Classified 
nondisclosure agreements if maintained separately from the individual's 
official personnel folder will be destroyed when 70 years old. If 
maintained in the individual's personnel folder, the disposition for 
the official personnel file applies. Locally stored case file paper or 
automated access records are destroyed when employee/service member is 
separated or departs the command, except for access determinations not 
recorded in official personnel folders. They are destroyed 2 years 
after the person departs the command. However, once affiliation is 
terminated, acquiring and adding material to the file is prohibited 
unless affiliation is renewed. The automated NJACS maintains records on 
persons as long as they continue to be employed by or affiliated with 
the DON. NJACS computer data records are purged two years after an 
individual terminates DON employment or affiliation. General and flag 
officer data records are maintained until the individual's death. 
Destruction of records will be by shredding, burning, or pulping for 
paper records; burning for microform records and magnetic erasing for 
computerized records. Optical digital data and CD-ROM records are 
destroyed as required by NAVSO P-5239-26, `Remanence Security 
Guidebook' of September 1993.

System manager(s) and address:
    Director, Department of the Navy Central Adjudication Facility, 
Washington Navy Yard Building 111, 716 Sicard Street SE, Washington, DC 
20388-5389.

Notification procedure:
    Individuals seeking to determine whether this system of records 
contains information about themselves should address written inquiries 
to the Director, Department of the Navy Central Adjudication Facility, 
Washington Navy Yard, Building 111, 716 Sicard Street SE, Washington, 
DC 20388-5389 or to the Commanding Officer/Director of the activity in 
question. Official mailing addresses are published as an appendix to 
the Navy's compilation of systems of records notices.
    Individuals requesting personal records must properly establish 
their identity to the satisfaction of the Director, Navy Central 
Adjudication Facility or the Commanding Officer/Director of the local 
command, as appropriate. This can be accomplished by providing an 
unsworn declaration subscribed to be true that states `I declare under 
penalty of perjury under the laws of the United States of America that 
the foregoing is true and correct'. Individual should also provide 
their full name, aliases, date and place of birth, Social Security 
Number, or other information verifiable from the records in the written 
request.
    Individuals should mark the letter and envelope containing the 
request `Privacy Act Request'.
    Proposed amendments to the information must be directed to the 
agency which conducted the investigation.

Record access procedures:
    Individuals seeking access to records about themselves contained in 
this system of records should address written inquiries to the 
Director, Department of the Navy Central Adjudication Facility, 
Washington Navy Yard, Building 111, 716 Sicard Street SE, Washington, 
DC 20388-5389 or the Commanding Officer/Director of the activity in 
question. Official mailing addresses are published as an appendix to 
the Navy's compilation of systems of records notices.
    Individuals requesting personal records must properly establish 
their identity to the satisfaction of the Director, Navy Central 
Adjudication Facility or the Commanding Officer/Director of the local 
command, as appropriate. This can be accomplished by providing an 
unsworn declaration subscribed to be true that states `I declare under 
penalty of perjury under the laws of the United States of America that 
the foregoing is true and correct'. Individual should also provide 
their full name, aliases, date and place of birth, Social Security 
Number, or other information verifiable from the records in the written 
request.
    Individuals should mark the letter and envelope containing the 
request `Privacy Act Request'.
    Proposed amendments to the information must be directed to the 
agency which conducted the investigation.
    Attorneys or other persons acting on behalf of an individual must 
provide a written authorization from that

[[Page 3549]]

individual for their representative to act on their behalf.

Contesting record procedures:
    The Navy's rules for accessing records, and for contesting contents 
and appealing initial agency determinations are published in Secretary 
of the Navy Instruction 5211.5; 32 CFR part 701; or may be obtained 
from the system manager.

Record source categories:
    Information in this system comes from the cognizant security 
manager or other official sponsoring the security clearance/ 
determination for the subject and from information provided by other 
sources, e,g., personnel security investigations, personal financial 
records, military service records and the subject.

Exemptions claimed for the system:
    Information specifically authorized to be classified under E.O. 
12958, as implemented by DoD 5200.1-R, may be exempt pursuant to 5 
U.S.C. 552a(k)(1).
    Investigatory material compiled solely for the purpose of 
determining suitability, eligibility, or qualifications for federal 
civilian employment, military service, federal contracts, or access to 
classified information may be exempt pursuant to 5 U.S.C. 552a(k)(5), 
but only to the extent that such material would reveal the identity of 
a confidential source.
    An exemption rule for this system has been promulgated in 
accordance with the requirements of 5 U.S.C. 553(b)(1), (2) and (3), 
(c) and (e) and published in 32 CFR part 701, subpart G. For additional 
information, contact the system manager.
[FR Doc. 98-1579 Filed 1-23-98; 8:45 am]
BILLING CODE 5000-04-F