[Federal Register Volume 67, Number 2 (Thursday, January 3, 2002)]
[Notices]
[Pages 309-311]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-31]


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DEPARTMENT OF DEFENSE


National Security Agency/Central Security Service; Privacy Act of 
1974; System of Records

AGENCY: National Security Agency/Central Security Service, DoD.

ACTION: Notice to alter a system of records.

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SUMMARY: The National Security Agency/Central Security Service is 
proposing to alter a system of records notice in its existing inventory 
of record systems subject to the Privacy Act of 1974, (5 U.S.C. 552a), 
as amended.

DATES: This proposed action would be effective without further notice 
on February 4, 2002 unless comments are received which result in a 
contrary determination.

ADDRESSES: Send comments to the National Security Agency/Central 
Security Service, Office of Policy, 9800 Savage Road, Suite 6248, Ft. 
George G. Meade, MD 20755-6248.

FOR FURTHER INFORMATION CONTACT: Ms. Anne Hill at (301) 688-6527.

SUPPLEMENTARY INFORMATION: The National Security Agency'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 proposed system report, as required by 5 U.S.C. 552a(r) of the 
Privacy Act of 1974, as amended, was submitted on December 19, 2001, to 
the House Committee on Government Reform, the Senate Committee on 
Governmental Affairs, and the Office of Management and Budget (OMB) 
pursuant to paragraph 4c of Appendix I to OMB Circular No. A-130, 
`Federal Agency Responsibilities for Maintaining Records About 
Individuals,' dated February 8, 1996 (February 20, 1996, 61 FR 6427).

    Dated: December 21, 2001.
Patricia L. Toppings,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
GNSA 18

System name:
    NSA/CSS Operations Files (February 22, 1993, 58 FR 10531).

Changes:
* * * * *

System name:
    Delete `NSA/CSS' from entry.

Categories of individuals covered by the system:
    Delete entry and replace with `Individuals identified in foreign 
intelligence, counterintelligence, or information system security 
reports, and supportive materials, including individuals involved in 
matters of foreign intelligence interest, information systems security 
interest, the compromise of classified information, or terrorism.'

Categories of records in the system:
    Add to entry `information systems security analysis and reporting.'

Authority for maintenance of the system:
    Add to entry `National Security Directive 42.'

Purpose(s):
    Add to entry `and information systems security.'

Routine uses of records maintained in the system, including categories 
of users and the purposes of such uses:
    Add to second paragraph `information systems security information.'
* * * * *

Retrievability:
    Delete entry and replace with `Information is retrieved by 
individual's name, Social Security Number, or identification number.'
* * * * *

Exemptions claimed for the system:
    Delete the first paragraph and replace with `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 for law enforcement purposes, other 
than material within the scope of subsection 5 U.S.C. 552a(j)(2), may 
be exempt pursuant to 5 U.S.C. 552a(k)(2). However, if an individual is 
denied any right, privilege, or benefit for which he would otherwise be 
entitled by Federal

[[Page 310]]

law or for which he would otherwise be eligible, as a result of the 
maintenance of the information, the individual will be provided access 
to the information exempt to the extent that disclosure would reveal 
the identity of a confidential source. NOTE: When claimed, this 
exemption allows limited protection of investigative reports maintained 
in a system of records used in personnel or administrative actions.
    Investigatory material complied 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.'
* * * * *
GNSA 18

System name:
    Operations Files.

System location:
    National Security Agency/Central Security Service, Ft. George G. 
Meade, MD 20755-6000.

Categories of individuals covered by the system:
    Individuals identified in foreign intelligence, 
counterintelligence, or information system security reports and 
supportive materials, including individuals involved in matters of 
foreign intelligence interest, information systems security interest, 
the compromise of classified information, or terrorism.

Categories of records in the system:
    Records include administrative information; biographic information; 
intelligence requirements, analysis, and reporting; information systems 
security analysis and reporting; operational records; articles, public-
source data, and other published information on individuals and events 
of interest to NSA/CSS; actual or purported compromises of classified 
intelligence; countermeasures in connection therewith; and 
identification of classified source documents and distribution thereof. 
Authority for maintenance of the system: National Security Act of 1947, 
as amended, 50 U.S.C. 403-3(d)(2); National Security Agency Act of 
1959, Pub. L. 86-36, as amended, 50 U.S.C. 402 Note; E.O. 12333; E.O. 
12958; E.O. 9397 (SSN); and National Security Directive 42.

Purpose(s):
    To maintain records on foreign intelligence, counterintelligence, 
and information systems security matters relating to the mission of the 
National Security Agency.

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 U.S. Government agencies, and in some instances foreign 
government agencies or their representatives, to provide foreign 
intelligence, counterintelligence, information systems security 
information, and other information.
    To U.S. Government officials regarding compromises of classified 
information including the document(s) apparently compromised, 
implications of disclosure of intelligence sources and methods, 
investigative data on compromises, and statistical and substantive 
analysis of the data.
    To any U.S. Government organization in order to facilitate any 
security, employment, detail, liaison, or contractual decision by any 
U.S. Government organization.
    Records may further be disclosed to agencies involved in the 
protection of intelligence sources and methods to facilitate such 
protection and to support intelligence analysis and reporting.
    The DoD `Blanket Routine Uses' set forth at the beginning of the 
NSA/CSS' compilation of systems of records notices apply to this 
system.

Policies and practices for storing, retrieving, accessing, retaining, 
and disposing of records in the system:
Storage:
    Magnetic tape, disk or other computer storage media, computer 
listings and databases, paper in file folders, audio recordings, 
microfilm or microfiche.

Retrievability:
    Information is retrieved by individual's name, Social Security 
Number, or identification number.

Safeguards:
    For paper, computer printouts, audio recordings, and microfilm 
secure limited access facilities, within those facilities secure 
limited access rooms, and within those rooms lockable containers. 
Access to information is limited to those individuals specifically 
authorized and granted access by NSA/CSS regulations. For records on 
the computer system, access is controlled by passwords or physical 
protection and limited to authorized personnel only.

Retention and disposal:
    Records are reviewed for retention on a scheduled basis every 120 
days to 5 years. Evidential, informational, and historical data are 
archived as permanent records. All other records are destroyed.

System manager(s) and address:
    Director, National Security Agency/Central Security Service, Ft. 
George G. Meade, MD 20755-6000.

Notification procedure:
    Individuals seeking to determine whether information about 
themselves is contained in this system should address written inquiries 
to the Chief, Office of Policy, National Security Agency/Central 
Security Service, Ft. George G. Meade, MD 20755-6000.

Record access procedures:
    Individuals seeking access to information about themselves 
contained in this system should address written inquiries to the Chief, 
Office of Policy, National Security Agency/Central Security Service, 
Ft. George G. Meade, MD 20755-6000.

Contesting record procedures:
    The NSA/CSS rules for contesting contents and appealing initial 
determinations are published at 32 CFR part 322 or may be obtained by 
written request addressed to the Chief, Office of Policy, National 
Security Agency/Central Security Service, Ft. George G. Meade, MD 
20755-6000.

Record source categories:
    Individuals themselves; U.S. agencies and organizations; media, 
including periodicals, newspapers, and broadcast transcripts; public 
and classified reporting, intelligence source documents, investigative 
reports, and correspondence. 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 for law enforcement purposes, other 
than material within the scope of subsection 5 U.S.C. 552a(j)(2), may 
be exempt pursuant to 5 U.S.C. 552a(k)(2). However, if an individual is 
denied any right, privilege, or benefit for which he would otherwise be 
entitled by Federal law or for which he would otherwise be entitled, as 
a result of the maintenance

[[Page 311]]

of the information, the individual will be provided access to the 
information exempt to the extent that disclosure would reveal the 
identify of a confidential source.


    Note: When claimed, this exemption allows limited protection of 
investigative reports maintained in a system of records used in 
personnel or administrative actions.

    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 record system has been promulgated 
according to the requirements of 5 U.S.C. 553(b)(1), (2), and (3), (c) 
and (e) and published in 32 CFR part 322. For additional information 
contact the system manager.
[FR Doc. 02-31 Filed 1-2-02; 8:45 am]
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