[Privacy Act Issuances (1995)]
[From the U.S. Government Publishing Office, www.gpo.gov]
NATIONAL SECURITY COUNCIL
TABLE OF CONTENTS
1.1tral Research Index...............................................
1.2 Correspondence Files.............................................
1.3 Meetings Registry................................................
1.4ncy Personnel Records & Files.....................................
2.1sidential Correspondence Files....................................
2.2sidential Advisory Files..........................................
2.3sidential Contact File............................................
NSC 1.1
System name: Central Research Index 1.1--NSC.
Security classification: Top Secret.
System location: NSC Staff Secretariat, National Security Council, Old
Executive Office Building, Washington, DC 20506.
Categories of individuals covered by the system: U.S. Government
officials and members of the public who correspond with or
participate in foreign policy decision making with the President or
his Assistant for National Security Affairs.
Categories of records in the system: Computerized management records of
material processed through the NSC Staff Secretariat for Indexing,
Control, and Staffing.
Authority for maintenance of the system: 50 U.S.C. 401.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses: Referral to Government
agencies as part of status determinations on action requests of
particular agencies.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage: Maintained in computer storage form.
Retrievability: Indexed by name of public correspondent or U.S.
Government source or participant.
Safeguards: Safeguarded as required for the control of Top Secret
materials pursuant to Executive Order 11652 (37 FR 5207, March 10,
1972) and as described in the implementing National Security Council
directive governing the classification, downgrading,
declassification and safeguarding of national security information
of May 17, 1972.
Retention and disposal: System contains both working and permanent
records. References to institutional NSC files are maintained on an
active file while records which point to Presidential documents are
retired at the change of administration.
System manager(s) and address: Staff Secretary, National Security
Council, Old Executive Office Building, Washington, DC 20506.
Telephone: 202-395-3440.
Notification procedure: Same as the above.
Record access procedures: Same as the above.
Contesting record procedures: Same as the above.
Record source categories: Documents furnished by individuals.
Systems exempted from certain provisions of the act: This system of
records is the index for other NSC files, except agency personnel
records and files, and may be exempt from the provisions of the
Privacy Act pursuant to 5 U.S.C. 552a(k)(1). Files to which this
index refers may not be covered by the Privacy Act and to the extent
they are subject to the Act, they may also be exempt under section
(k)(1).
NSC 1.2
System name: NSC Correspondence Files 1.2--BSC.
Security classification: Top Secret.
System location: NSC Staff Secretariat, National Security Council, Old
Executive Office Building, Washington, DC 20506.
Categories of individuals covered by the system: Individuals
corresponding with the NSC staff for the purposes described below.
Categories of records in the system: Requests by students, scholars,
researchers, other Government agencies and the general public for
access to official records.
Authority for maintenance of the system: 50 U.S.C. 40f.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses: Referral to other agencies
for appropriate assistance in responding to requests.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage: Paper documents in folders files by control number assigned
upon receipt of the document. A working copy of the document is
maintained on microfiche.
Retrievability: The Central Research Index (NSC 1.1) constitutes the
index to this file.
Safeguards: Safeguarded as required for the control of Top Secret
materials pursuant to E.O. 11652 (37 FR 5207, March 10, 1972) and as
described in the implementing National Security Council directive
governing the classification, downgrading, declassification, and
safeguarding the national security information of May 17, 1972.
Retention and disposal: Records are permanent and are retained in NSC
files.
System manager(s) and address: Staff Secretary, National Security
Council, Old Executive Office Building, Washington, DC 20506.
Telephone: 202-395-3440.
Notification procedure: Same as the above.
Record access procedures: Same as the above.
Contesting record procedures: Same as the above.
Record source categories: Correspondence with members of the public and
U.S. Government officials.
Systems exempted from certain provisions of the act: (k)(1).
NSC 1.3
System name: NSC Meetings Registry 1.3--NSC.
Security classification: NSC Staff Secretariat, National Security
Council, Old Executive Office Building, Washington, DC 20506.
Categories of individuals covered by the system: Participants in
meetings of the NSC and subordinate bodies held since January 20,
1969.
Categories of records in the system: Identifies U.S. Government
officials who attended or participated in these meetings.
Authority for maintenance of the system: 50 U.S.C. 401.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses: None.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage: Paper records.
Retrievability: The Central Research Index (NSC 1.1) is the index to
this file.
Safeguards: Safeguarded as required for the control of Top Secret
materials pursuant to E.O. 11652 (37 FR 5207, March 10, 1972) and as
described in the implementing National Security Council directive
governing the classification, downgrading, declassification, and
safeguarding of national security information of May 17, 1972.
Retention and disposal: Records are permanent and are maintained in NSC
files.
System manager(s) and address: Staff Secretary, National Security
Council, Old Executive Office Building, Washington, DC 20506.
Notification procedure: Same as the above.
Record access procedures: Same as the above.
Contesting record procedures: Same as the above.
Record source categories: Records of NSC meetings.
Systems exempted from certain provisions of the act: (k)(1).
NSC 1.4
System name: Agency Personnel Records and Files 1.4--NSC.
Security classification: Unclassified.
System location: Administrative Office, National Security Council, Old
Executive Office Building, Washington, DC 20506.
Categories of individuals covered by the system: Employees appointed to
the NSC staff and payrolled from NSC funds and employees of other
agencies detailed, either on a reimbursable or nonreimbursable
basis, to the NSC staff.
Categories of records in the system: For each-employee payrolled to the
NSC staff, the following information is maintained:
1. Official personnel folder with contents:
A. SF-86 Security Investigation Data for Sensitive Position.
B. SF-171 Personnel Qualification Statement.
C. SF-50 Notification of Personnel Action.
D. SF-61 Oath of Office.
E. SF-176 Life Insurance Elective, Declination or Waiver.
F. SF-2809-2810 Health Benefits Form.
G. Treasury Form TUS 426D (or equivalent)--Payroll Change Slip, Bi-
Weekly.
H. Memoranda of Performance Ratings together with memos requesting
promotion.
I. Letters of commendation.
J. Treasury Form TUS 492--Notice of Leave Category.
K. SF-2815 Employee Service Statement.
L. SF-1150 Record of Leave Data.
2. Service record card--SF-7 History of Employment with the agency.
3. Retirement Records--SF-2806 and 2807, Records of Retirement
Monies withheld from Individual Employee's Salary.
4. Health Benefits--2809, 2810, and 2811, Record of Individual's
Enrollment in One of the Health Plans Available Through U.S.
Government.
5. SF-50 Chronos.
6. Term of Service Records.
Authority for maintenance of the system: 5 U.S.C. 401, U.S. Civil
Service Commission authority, and implementing regulations in the
Federal Personnel Manual.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses: Authorized investigative
pre-employment checks.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage: Paper records in personnel jackets.
Retrievability: Indexed alphabetically for OPF's; SF-7's; SF-2806. SF-
113--indexed by month and year.
Safeguards: Filed in combination safes which are accessed only by
administrative office personnel and which are secured each evening.
Retention and disposal: OPF retained until employee leaves NSC staff by
transfer at which time the file is sent to the receiving agency.
Upon resignation or retirement the file is sent to the Federal
Records Center in St. Louis, Missouri. Upon death appropriate forms
are submitted and distributed in accordance with CSC regulation and
the remainder of the file is sent to the Federal Record Center in
St. Louis, Missouri.
SF-7 Retained as a permanent service record in the agency.
SF-2806 and 2807 Forwarded to CFC retirement office when employee
leaves by transfer, resignation, retirement, or death.
SF-113 A Copy remains in agency and is destroyed after five to ten
years.
Term of service records copy remains in agency files which are
periodically purged at the discretion of the administrative office
personnel.
System manager(s) and address: Staff Secretary, National Security
Council, Old Executive Office Building, Washington, DC 20506.
Notification procedure: Same as above.
Record access procedures: Same as the above.
Contesting record procedures: Same as the above.
Record source categories:
SF-171 from employee.
SF-186 from employee.
All other forms shown under item one are standardized within the
U.S. Government and are used as directives by the Civil Service
Commission.
Systems exempted from certain provisions of the act: None.
NSC 2.1
System name: Presidential Correspondence Files 2.1--NSC.
Security classification: Unclassified.
System location: The White House Office, Washington, DC 20500
Categories of individuals covered by the system: Individuals who
correspond with the President or the Assistant to the President for
National Security Affairs on issues of foreign policy and national
security affairs whose correspondence has been referred to the NSC
Secretariat for Logging, Control, and Staffing.
Categories of records in the system: Correspondence.
Authority for maintenance of the system: 50 U.S.C. 401.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses: Referral to other agencies
for required assistance in responding to public inquiries.
Systems exempted from certain provisions of the act: These files are
maintained by the White House Staff in support of the President and
are not covered by the Privacy Act of 1974 in that under the Privacy
Act the White House is not considered an agency.
NSC 2.2
System name: Presidential Advisory Files 2.2--NSC.
Security classification: Top Secret.
System location: The White House, Washington, DC 20500.
Categories of individuals covered by the system: Individuals, primarily
U.S. and foreign government officials, who correspond with or
participate in meetings with the President or the Assistant to the
President for National Security Affairs on matters of foreign
policy.
Categories of records in the system: Correspondence and records of
meetings with the President and the Assistant for National Security
Affairs.
Authority for maintenance of the system: 50 U.S.C. 401.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses: None.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage: Paper records.
Retrievability: The Central Research Index (NSC 1.1) is used to identify
specific records.
Safeguards: Safeguarded as required for the control of classified
materials pursuant to E.O. 11652 (37 FR 5207, March 10, 1972) and is
described in the implementing National Security Council directive
governing the classification, downgrading, declassification, and
safeguarding of national security information of May 17, 1972.
Retention and disposal: Records are removed from the White House Office
after the change of a Presidential Administration.
Systems exempted from certain provisions of the act: These materials are
maintained in support of the President and his Assistant for
National Security Affairs by NSC staff personnel, acting on behalf
of the President. As a result these records which are maintained in
the White House Office are not subject to the provisions of the
Privacy Act 1974 (5 U.S.C. 552A).
NSC 2.3
System name: Presidential Contact File 2.3--NSC.
Security classification: Unclassified.
System location: Staff Secretary, National Security Council, Old
Executive Office Building, Washington, DC 20506.
Categories of individuals covered by the system: Individuals
participating in meetings between the President and foreign
officials.
Categories of records in the system: Records of the President's
meetings.
Authority for maintenance of the system: 50 U.S.C. 401.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses: None.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage: Paper records.
Retrievability: The Central Research Index is used to identify specific
records.
Safeguards: Documents are controlled within the NSC staff offices as
required by the safeguards for control of classified materials
pursuant to E.O. 11652 (37 FR 5207, March 10, 1972) and as described
in the implementing National Security Council directive governing
the classification, downgrading, declassification, and safeguarding
of national security information May 17, 1972. Within the White
House Office these documents are considered proprietary materials
and are not released to members of the public.
Retention and disposal: Records are removed from the White House Office
after the change of a Presidential administration.
Systems exempted from certain provisions of the act: These records are
maintained in support of the Office of the President and are in no
way related to the function of the National Security Council. As a
result these records are not covered by the Privacy Act of 1974 (5
U.S.C. 552A).
PRIVACY ACT RULES
NATIONAL SECURITY COUNCIL
Title 32-National Defense
Subtitle B-Other Regulations Relating to National Defense
Chapter XXI-National Security Council
PART 2102--RULES AND REGULATIONS TO IMPLEMENT THE PRIVACY ACT OF
1974
Sec.
2102.1 Introduction.
2102.2 Purpose and scope.
2102.3 Definitions.
2102.4 Procedures for determining if an individual is the subject of a
record.
2102.13 Requirements for access to a record.
2102.15 Requirements for requests to amend records.
2102.21 Procedures for appeal of determination to deny access to or
amendment of requested records.
2102.31 Disclosure of record to persons other than the individual to
whom it pertains.
2102.41 Fees.
2102.51 Penalties.
2102.61 Exemptions.
Authority: 5 U.S.C. 552a (f) and (k).
Source: 40 FR 47746, Oct. 9, 1975, unless otherwise noted.
Sec. 2102.1 Introduction.
(a) Insofar as the Privacy Act of 1974 (5 U.S.C. 552a) applies to the
National Security Council (hereafter NSC), it provides the American
public with expanded opportunities to gain access to records maintained
by the NSC Staff which may pertain to them as individuals. These
regulations are the exclusive means by which individuals may request
personally identifiable records and information from the National
Security Council.
(b) The NSC Staff, in addition to performing the functions prescribed
in the National Security Act of 1947, as amended (50 U.S.C. 401), also
serves as the supporting staff to the President in the conduct of
foreign affairs. In doing so the NSC Staff is acting not as an agency
but as an extension of the White House Office. In that the White House
Office is not considered an agency for the purposes of this Act, the
materials which are used by NSC Staff personnel in their role as
supporting staff to the President are not subject to the provisions of
the Privacy Act of 1974. A description of these White House Office files
is, nevertheless, appended to the NSC notices of systems of files and
will be published annually in the Federal Register.
(c) In general, records in NSC files pertain to individual members of
the public only if these individuals have been (1) employed by the NSC,
(2) have corresponded on a foreign policy matter with a member of the
NSC or its staff, or (3) have, as a U.S. Government official,
participated in an NSC meeting or in the preparation of foreign policy-
related documents for the NSC.
Sec. 2102.2 Purpose and scope.
(a) The following regulations set forth procedures whereby individuals
may seek and gain access to records concerning themselves and will guide
the NSC Staff response to requests under the Privacy Act. In addition,
they outline the requirements applicable to the personnel maintaining
NSC systems of records.
(b) These regulations, published pursuant to the Privacy Act of 1974,
Pub. L. 93-579, Section 552a (f) and (k), 5 U.S.C. (hereinafter the
Act), advise of procedures whereby an individual can:
(1) Request notification of whether the NSC Staff maintains or has
disclosed a record pertaining to him or her in any non-exempt system of
records;
(2) Request a copy of such record or an accounting of that disclosure;
(3) Request an amendment to a record; and,
(4) Appeal any initial adverse determination of any request under the
Act.
(c) These regulations also specify those systems of records which the
NSC has determined to be exempt from certain provisions of the Act and
thus not subject to procedures established by this regulation.
Sec. 2102.3 Definitions.
As used in these regulations:
(a) Individual. A citizen of the United States or an alien lawfully
admitted for permanent residence.
(b) Maintain. Includes maintain, collect, use or disseminate. Under
the Act it is also used to connote control over, and, therefore,
responsibility for, systems of records in support of the NSC statutory
function (50 U.S.C. 401, et seq.).
(c) Systems of Records. A grouping of any records maintained by the
NSC from which information is retrieved by the name of the individual or
by some other identifying particular assigned to the individual.
(d) Determination. Any decision made by the NSC or designated official
thereof which affects the individual's rights, opportunities, benefits,
etc. and which is based in whole or in part on information contained in
that individual's record.
(e) Routine Use. With respect to the disclosure of a record, the use
of such a record in a manner which is compatible with the purpose for
which it was collected.
(f) Disclosure. The granting of access or transfer of a record by any
means.
Sec. 2102.4 Procedures for determining if an individual is the
subject of a record.
(a) Individuals desiring to determine if they are the subject of a
record or system of records maintained by the NSC Staff should address
their inquiries, marking them plainly as a PRIVACY ACT REQUEST, to:
Staff Secretary, National Security Council, Room 374, Old Executive
Office Building, Washington, DC 20506.
All requests must be made in writing and should contain:
(1) A specific reference to the system of records maintained by the
NSC as listed in the NSC Notices of Systems and Records (copies
available upon request); or
(2) A description of the record or systems of records in sufficient
detail to allow the NSC to determine whether the record does, in fact,
exist in an NSC system of records.
(b) All requests must contain the printed or typewritten name of the
individual to whom the record pertains, the signature of the individual
making the request, and the address to which the reply should be sent.
In instances when the identification is insufficient to insure
disclosure to the individual to whom the information pertains in view of
the sensitivity of the information, NSC reserves the right to solicit
from the requestor additional identifying information.
(c) Responses to all requests under the Act will be made by the Staff
Secretary, or by another designated member of the NSC Staff authorized
to act in the name of the Staff Secretary in responding to a request
under this Act. Every effort will be made to inform the requestor if he
or she is the subject of a specific record or system of records within
ten working days (excluding Saturdays, Sundays and legal Federal
Holidays) of receipt of the request. Such a response will also contain
the procedures to be followed in order to gain access to any record
which may exist and a copy of the most recent NSC notice, as published
in the Federal Register, on the system of records in which the record is
contained.
(d) Whenever it is not possible to respond in the time period
specified above, the NSC Staff Secretary or a designated alternate will,
within ten working days (excluding Saturdays, Sundays and legal Federal
Holidays), inform the requestor of the reasons for the delay (e.g.,
insufficient requestor information, difficulties in record location,
etc.), steps that need to be taken in order to expedite the request, and
the date by which a response is anticipated.
Sec. 2102.13 Requirements for access to a record.
(a) Individuals requesting access to a record or system of records in
which there is information concerning them must address a request in
writing to the Staff Secretary of the NSC (see Sec. 2102.1). Due to
restricted access to NSC offices in the Old Executive Office Building
where the files are located, requests cannot be made in person.
(b) All written requests should contain a concise description of the
records to which access is requested. In addition, the requestor should
include any other information which he or she feels would assist in the
timely identification of the record. Verification of the requestor's
identity will be determined under the same procedures used in requests
for learning of the existence of a record.
(c) To the extent possible, any request for access will be answered by
the Staff Secretary or a designated alternate within ten working days
(excluding Saturdays, Sundays, and legal Federal holidays) of the
receipt of the request. In the event that a response cannot be made
within this time, the requestor will be notified by mail of the reasons
for the delay and the date upon which a reply can be expected.
(d) The NSC response will forward a copy of the requested materials
unless further identification or clarification of the request is
required. In the event access is denied, the requestor shall be informed
of the reasons therefore and the name and address of the individual to
whom an appeal should be directed.
Sec. 2102.15 Requirements for requests to amend records.
(a) Individuals wishing to amend a record contained in the NSC systems
of records pertaining to them must submit a request in writing to the
Staff Secretary of the NSC in accordance with the procedures set forth
herein.
(b) All requests for amendment or correction of a record must state
concisely the reason for requesting the amendment. Such requests should
include a brief statement which describes the information the requestor
believes to be inaccurate, incomplete, or unnecessary and the amendment
or correction desired.
(c) To the extent possible, every request for amendment of a record
will be answered within ten working days (excluding Saturdays, Sundays,
and legal Federal holidays) of the receipt of the request. In the event
that a response cannot be made within this time, the requestor will be
notified by mail of the reasons for the delay and the date upon which a
reply can be expected. A final response to a request for amendment will
include the NSC Staff determination on whether to grant or deny the
request. If the request is denied, the response will include:
(1) The reasons for the decision;
(2) The name and address of the individual to whom an appeal should be
directed;
(3) A description of the process for review of the appeal within the
NSC; and
(4) A description of any other procedures which may be required of the
individual in order to process the appeal.
Sec. 2102.21 Procedures for appeal of determination to deny access
to or amendment of requested records.
(a) Individuals wishing to appeal an NSC Staff denial of a request for
access or to amend a record concerning them must address a letter of
appeal to the Staff Secretary of the NSC. The letter must be received
within thirty days from the date of the Staff Secretary's notice of
denial and, at a minimum, should identify the following:
(1) The records involved;
(2) The dates of the initial request and subsequent NSC determination;
and
(3) A brief statement of the reasons supporting the request for
reversal of the adverse determination.
(b) Within thirty working days (excluding Saturdays, Sundays and legal
Federal Holidays) of the date of receipt of the letter of appeal, the
Assistant to the President for National Security Affairs (hereinafter
the ``Assistant''), or the Deputy Assistant to the President for
National Security Affairs (hereinafter the ``Deputy Assistant''), acting
in his name, shall issue a determination on the appeal. In the event
that a final determination cannot be made within this time period, the
requestor will be informed of the delay, the reasons therefor and the
date on which a final response is expected.
(c) If the original request was for access and the initial
determination is reversed, a copy of the records sought will be sent to
the individual. If the initial determination is upheld, the requestor
will be so advised and informed of the right to judicial review pursuant
to 5 U.S.C. 552a(g).
(d) If the initial denial of a request to amend a record is reversed,
the records will be corrected and a copy of the amended record will be
sent to the individual. In the event the original decision is upheld by
the Assistant to the President, the requestor will be so advised and
informed in writing of his or her right to seek judicial review of the
final agency determination, pursuant to section 552a(g) of Title 5,
U.S.C. In addition, the requestor will be advised of his right to have a
concise statement of the reasons for disagreeing with the final
determination appended to the disputed records. This statement should be
mailed to the Staff Secretary within ten working days (excluding
Saturdays, Sundays, and legal Federal Holidays) of the date of the
requestor's receipt of the final determination.
Sec. 2102.31 Disclosure of a record to persons other than the
individual to whom it pertains.
(a) Except as provided by the Privacy Act, 5 U.S.C. 552a(b), the NSC
will not disclose a record concerning an individual to another person or
agency without the prior written consent of the individual to whom the
record pertains.
Sec. 2102.41 Fees.
(a) Individuals will not be charged for:
(1) The first copy of any record provided in response to a request for
access or amendment;
(2) The search for, or review of, records in NSC files;
(3) Any copies reproduced as a necessary part of making a record or
portion thereof available to the individual.
(b) After the first copy has been provided, records will be reproduced
at the rate of twenty-five cents per page for all copying of four pages
or more.
(c) The Staff Secretary may provide copies of a record at no charge if
it is determined to be in the interest of the Government.
(d) The Staff Secretary may require that all fees be paid in full
prior to the issuance of the requested copies.
(e) Remittances shall be in the form of a personal check or bank draft
drawn on a bank in the United States, or a postal money order.
Remittances shall be made payable to the ``United States Treasury'' and
mailed to the Staff Secretary, National Security Council, Washington, DC
20506.
(f) A receipt for fees paid will be given only upon request. Refund of
fees paid for services actually rendered will not be made.
Sec. 2102.51 Penalties.
Title 18, U.S.C. Section 1001, Crimes and Criminal Procedures, makes
it a criminal offense, subject to a maximum fine of $10,000 or
imprisonment for not more than five years or both, to knowingly and
willfully make or cause to be made any false or fraudulent statements or
representations in any matter within the jurisdiction of any agency of
the United States. Section (i) (3) of the Privacy Act (5 U.S.C. 552a)
makes it a misdemeanor, subject to a maximum fine of
5,000, to knowingly and willfully request or obtain any record
concerning an individual under false pretenses. Sections (i)(1) and (2)
of 5 U.S.C. 552a provide penalties for violations by agency employees,
of the Privacy Act or regulations established thereunder.
Sec. 2102.61 Exemptions.
Pursuant to subsection (k) of the Privacy Act (5 U.S.C. 552a), the
Staff Secretary has determined that certain NSC systems of records may
be exempt in part from sections 553(c)(3), (d), (e)(1), (e)(4), (G),
(H), (I), and (f) of Title 5, and from the provisions of these
regulations. These systems of records may contain information which is
classified pursuant to Executive Order 11652. To the extent that this
occurs, records in the following systems would be exempt under the
provision of 5 U.S.C. 552a(k)(1):
NSC 1.1--Central Research Index,
NSC 1.2--NSC Correspondence Files, and
NSC 1.3--NSC Meetings Registry.