[Federal Register Volume 79, Number 7 (Friday, January 10, 2014)]
[Notices]
[Pages 1841-1843]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-00216]


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DEPARTMENT OF DEFENSE

Office of the Secretary

[Docket ID DoD-2014-OS-0003]


Privacy Act of 1974; Systems 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 proposes 
to alter a system of records, GNSA 03, entitled ``NSA/CSS Office of 
General Counsel Correspondence, Claims, Complaints, and Litigation 
Files'' in its existing inventory of records systems subject to the 
Privacy Act of 1974, as amended. This system is for the research, 
preparation and documentation of determinations and official responses 
of the NSA/CSS Office of General Counsel related to inquiries for 
information, complaints, litigation and official actions of other 
government agencies and branches.

DATES: This proposed action will be effective on February 10, 2014 
unless comments are received which result in a contrary determination. 
Comments will be accepted on or before February 10, 2014.

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: Federal Docket Management System Office, 4800 Mark Center 
Drive, Suite 02G09, Alexandria, VA 22350-3100.
    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. Kris Grein, National Security 
Agency/Central Security Service, Freedom of Information Act and Privacy 
Act Office, 9800 Savage Road, Suite 6248, Ft. George G. Meade, MD 
20755-6248 or by phone at (301) 688-6527.

SUPPLEMENTARY INFORMATION: The National Security Agency/Central 
Security Service 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 FOR FURTHER INFORMATION 
CONTACT or at http://dpclo.defense.gov/privacy/SORNs/component/nsa/index.html.
    The proposed system report, as required by 5 U.S.C. 552a(r) of the 
Privacy Act of 1974, as amended, was submitted on January 2, 2014, to 
the House Committee on Oversight and 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

[[Page 1842]]

Individuals,'' dated February 8, 1996 (February 20, 1996, 61 FR 6427).

    Dated: January 7, 2014.
Aaron Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
GNSA 03

System name:
    Correspondence, Cases, Complaints, Visitors, Requests (February 22, 
1993, 58 FR 10531)

Changes:
* * * * *

System name:
    Delete entry and replace with ``NSA/CSS Office of General Counsel 
Correspondence, Claims, Complaints, and Litigation Files.''

System location:
    Delete entry and replace with ``National Security Agency/Central 
Security Service, 9800 Savage Road, Ft. George G. Meade, MD 20755-
6000.''

Categories of individuals covered by the system:
    Delete entry and replace with ``Individuals or entities contacting 
the National Security Agency/Central Security Service (NSA/CSS) Office 
of General Counsel. Individuals requesting or requiring information 
relating to NSA/CSS litigation or anticipated NSA/CSS litigation.''

Categories of records in the system:
    Delete entry and replace with ``Records collected and maintained 
include individuals' names, Social Security Numbers (SSN), NSA employee 
identification numbers and case numbers. Correspondence from 
individuals include requests, claims, complaints, and administrative 
appeals. NSA responses, memoranda, notes, emails and supporting 
documentation relating to individuals' requests, claims, complaints and 
administrative appeals. Copies of requested records and copies of 
records that are the subject to requests under administrative appeal. 
Written material developed during, or in anticipation of, litigation or 
investigation of inquiries, claims or complaints. Written material 
developed in response to requests for advice or opinion from an 
individual. Written material required by law, executive order or 
regulations related to Equal Employment Opportunity investigations, 
Inspector General investigations, Judicial Branch subpoenas, orders and 
related actions.''

Authority for maintenance of the system:
    Delete entry and replace with ``National Security Agency Act of 
1959; 50 U.S.C. 3605, Disclosure of Agency's organization, function, 
activities or personnel, (Pub. L. 8636), (formerly 50 U.S.C. 402 note); 
50 U.S.C. 831-835, Regulations for employment security, (Pub. L. 88-
290); Freedom of Information Act, 5 U.S.C. 552 (2006), amended by Open 
Government Act of 2007, (Pub. L. 110-175; Privacy Act of 1974, 5 U.S.C. 
552a, Records maintained on individuals, (Pub. L. 93-579); Equal 
Employment Opportunity Act of 1974, (Pub. L. 92-261); Fair Labor 
Standards Amendment (1974), (Publ. L. 93-259); E.O. 10450, Security 
Requirements for Government Employment; E.O. 11222, Prescribing 
Standards of Ethical Conduct for Government Officers and Employees; 
E.O. 11478, Equal Employment Opportunity in the Federal Government; 
E.O. 13526, Classified National Security Information and E.O. 9397 
(SSN), as amended.''

Purpose:
    Delete entry and replace with ``This system is for the research, 
preparation and documentation of determinations and official responses 
of the NSA/CSS Office of General Counsel related to inquiries for 
information, complaints, litigation and official actions of other 
government agencies and branches.''

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 in this system may specifically be 
disclosed outside the DoD as a routine use pursuant to 5 U.S.C. 
552a(b)(3) as follows:
    To the Office of Equal Employment Opportunity as required, reports 
in summary or statistical form.
    To appropriate government departments and agencies and the Judicial 
Branch where litigation or anticipated civil or criminal litigation is 
involved or where sensitive national security investigations related to 
protection of intelligence sources or methods are involved.
    To other Federal departments and agencies when necessary and 
appropriate to coordinate Federal government responses.
    To NSA/CSS contractor affiliates when necessary and appropriate for 
NSA/CSS to carry out the purposes of this system as described above.
    The DoD Blanket Routine Uses set forth at the beginning of the NSA/
CSS' compilation of system of records notices may apply to this 
system.''

Policies and practices for storing, retrieving, accessing, retaining, 
and disposing of records in the system:
Storage:
    Delete entry and replace with ``Paper records and electronic 
storage media.''

Retrievability:
    Delete entry and replace with ``By individual's name, SSN, NSA 
employee identification number, case number.''

Safeguards:
    Delete entry and replace with ``Buildings are secured by a series 
of guarded pedestrian gates and checkpoints. Access to facilities is 
limited to security-cleared personnel and escorted visitors only. 
Within the limited access facilities are limited access offices. Files 
are stored in lockable containers and on electronic media made 
available only to individuals specifically authorized to access. Access 
to electronic media is controlled by computer accounts and passwords. 
Specific additional access controls are placed on specific case types. 
Files related to sensitive investigations by the Equal Employment 
Opportunity Office, the Inspector General, and the NSA General Counsel 
are additionally protected pursuant to appropriate statues, executive 
orders and regulations as well as attorney-client privilege. In some 
cases records are sealed pursuant to a specific court order or due to 
the sensitivity of the particular subject matter.''

Retention and disposal:
    Delete entry and replace with ``Permanent: Transfer inactive files 
to NSA Records Center. Transfer to NSA Archives when no longer needed 
for operations or 30 years old. Transfer to NARA when 40 years old.''

System manager and address:
    Delete entry and replace with ``Office of General Counsel, National 
Security Agency/Central Security Service, Office of the General 
Counsel, 9800 Savage Road, Ft. George G. Meade, MD 20755-6278.''

Notification procedure:
    Delete entry and replace with ``Individuals seeking to determine 
whether records about themselves are contained in this system should 
address written inquiries to the National Security Agency/Central 
Security Service, Freedom of Information Act/Privacy Act Office, 9800 
Savage Road, Suite 6248, Ft. George G. Meade, MD 20755-6248.

[[Page 1843]]

    Written inquiries should contain the requester's full name, mailing 
address, telephone number and signature.''

Record access procedures:
    Delete entry and replace with ``Individuals seeking access to 
information about themselves contained in this system should address 
written inquiries to the National Security Agency/Central Security 
Service, Freedom of Information Act/Privacy Act Office, 9800 Savage 
Road, Suite 6248, Ft. George G. Meade, MD 20755-6248.
    Written inquiries should contain the requester's full name, mailing 
address, telephone number and signature.''

Contesting record procedures:
    Delete entry and replace with ``The NSA/CSS rules for contesting 
contents and appealing initial Agency determinations are published at 
32 CFR Part 322 or may be obtained by written request addressed to the 
National Security Agency/Central Security Service, Freedom of 
Information Act/Privacy Act Office, 9800 Savage Road, Suite 6248, Ft. 
George G. Meade, MD 20755-6248.''

Record source categories:
    Delete entry and replace with ``Correspondence to and from 
individuals and government departments and agencies. Written materials 
developed in response to requests and queries from individuals and 
government departments and agencies, claims, complaints, investigations 
and litigation.''

Exemptions claimed for the system:
    Delete entry and replace with ``Information specifically authorized 
to be classified under E.O. 13526, as implemented by DoD 5200.1-R, 
maybe 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(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 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.
    Records maintained solely for statistical research or program 
evaluation maintained solely for statistical research or program 
evaluation purposes and which are not used to make decisions on the 
rights, benefits, or entitlement of an individual except for census 
records which may be disclosed under 13 U.S.C. 8, may be exempt 
pursuant to 5 U.S.C. 552a(k)(4).
    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 according to 
the requirements of 5 U.S.C. 553(b)(1), (2) and (3), 553(c) and 553(3) 
and published in 32 CFR Part 322. For additional information contact 
the system manager.''

[FR Doc. 2014-00216 Filed 1-9-14; 8:45 am]
BILLING CODE 5001-06-P