[Federal Register Volume 75, Number 198 (Thursday, October 14, 2010)]
[Notices]
[Pages 63161-63165]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-25871]


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DEPARTMENT OF DEFENSE

Office of the Secretary

[Docket ID DOD-2010-OS-0143]


Privacy Act of 1974; System of Records

AGENCY: Department of Defense (DoD).

ACTION: Notice to alter a system of records.

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SUMMARY: The Office of the Secretary of Defense proposes to alter a 
system of records in its 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 November 15, 2010, unless comments are received which result in a 
contrary determination.

ADDRESSES: You may submit comments, identified by docket number and 
title, by any of the following methods:
    <bullet> Federal Rulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
    <bullet> Mail: Federal Docket Management System Office, Room 3C843 
Pentagon, 1160 Defense Pentagon, Washington, DC 20301-1160.
    Instructions: All submissions received must include the agency name 
and

[[Page 63162]]

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. Cindy Allard at (703) 588-6830.

SUPPLEMENTARY INFORMATION: The Office of the Secretary of Defense 
notices for 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 Chief, OSD/JS Privacy Office, Freedom of 
Information Directorate, Washington Headquarters Services, 1155 Defense 
Pentagon, Washington DC 20301-1155.
    The proposed system report, as required by 5 U.S.C. 552a(r) of the 
Privacy Act of 1974, as amended, was submitted on October 1, 2010, 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 
Individuals,'' dated February 8, 1996 (February 20, 1996; 61 FR 6427).

    Dated: October 8, 2010.
Mitchell S. Bryman,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
V5-05

System name:
    Joint Personnel Adjudication System (JPAS) (July 1, 2005; 70 FR 
38120).

Changes:
System identifier:
    Delete entry and replace with ``DMDC 12 DoD''.
* * * * *

System location:
    Delete entry and replace with ``Defense Manpower Data Center, DoD 
Center Monterey Bay, 400 Gigling Road, Seaside, CA 93955-6771.''
* * * * *

Categories of records in the system:
    Delete entry and replace with ``Complete investigation packages and 
documenting records conducted by Federal investigative organizations 
(e.g., U.S. Office of Personnel Management (OPM), Central Intelligence 
Agency, NASA, etc.) and locator references to such investigations. 
Records documenting the personnel security adjudicative and management 
process, to include an individual's Social Security Number (SSN); name 
(both current, former and alternate names); date of birth; place of 
birth; country of citizenship; type of DoD affiliation; employing 
activity; current employment status; position sensitivity; personnel 
security investigative basis; status of current adjudicative action; 
security clearance eligibility and access status; whether eligibility 
determination was based on a condition, deviation from prescribed 
investigative standards or waiver of adjudication guidelines; reports 
of security-related incidents, to include issue files; suspension of 
eligibility and/or access; denial or revocation of eligibility and/or 
access; eligibility recommendations or decisions made by an appellate 
authority; non-disclosure execution dates; indoctrination date(s); 
level(s) of access granted; debriefing date(s); and reasons for 
debriefing.''

Authority for maintenance of the system:
    Delete entry and replace with ``50 U.S.C. 401, Congressional 
declaration of purpose; 50 U.S.C. 435, Purposes; DoD 5200.2R, 
Department of Defense Personnel Security Program Regulation; DoD 
5105.21-M-1, Sensitive Compartment Information Administrative Security 
Manual; E.O. 10450, Security Requirements for Government Employment; 
E.O. 10865, Safeguarding Classified Information Within Industry; E.O. 
12333, United States Intelligence Activities; E.O. 12829, National 
Industrial Security Program; E.O. 12968, Access to Classified 
Information; and E.O. 9397 (SSN), as amended.''

Purpose(s):
    Delete entry and replace with ``The Joint Personnel Adjudication 
System (JPAS) is an enterprise automated system for personnel security 
management, providing a common, comprehensive medium to record and 
document personnel security actions within the Department, including 
granting interim clearances and submitting investigations. 
Decentralized access is authorized at the nine central adjudication 
facilities and DoD Component security offices. JPAS also compiles 
statistical data for use in analyses and studies.''

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 disclosures 
generally permitted under 5 U.S.C. 552a(b) of the Privacy Act of 1974, 
these records may specifically be disclosed outside the DoD as follows:
    To the White House to obtain approval of the President of the 
United States regarding certain military personnel office actions as 
provided for in DoD Instruction 1320.4, Military Officer Actions 
Requiring Approval of the Secretary of Defense or the President, or 
Confirmation by the Senate.
    To the U.S. Citizenship and Immigration Service for use in alien 
admission and naturalization inquiries.
    To the Office of the Director of National Intelligence, the Federal 
Bureau of Investigation; the National Aeronautics and Space 
Administration; the Central Intelligence Agency; the Office of 
Personnel Management; the Department of State, the Department of the 
Treasury; the Internal Revenue Service; the U.S. Postal Service; the 
U.S. Secret Service; the Bureau of Alcohol, Tobacco, Firearms and 
Explosives; the U.S. Customs and Border Protection; Department of 
Homeland Security; and any other related Federal agencies for the 
purpose of determining access to National Security Information (NSI) 
pursuant to E.O. 12968, Access to Classified Information.
    To authorized industry users for the purpose of verifying 
eligibility and determining access to National Security Information 
(NSI) of their employees.
    The DoD `Blanket Routine Uses' set forth at the beginning of the 
Office of the Secretary of Defense compilation of systems of records 
notices also apply to this system.''

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

Safeguards:
    Delete entry and replace with ``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 valid need-to-know, who are appropriately screened, investigated 
and determined eligible for access. During non-duty hours, alarms 
systems and/or security or military police guards secure all locations. 
Only authorized personnel with a valid need-to-know are allowed access 
to JPAS. Additionally, access to JPAS is based on a user's specific

[[Page 63163]]

functions, security eligibility and access level.''

Retention and disposal:
    Delete entry and replace with ``Disposition pending. Until the 
National Archives and Records Administration has approved the 
disposition, treat records as permanent.''

System manager(s) and address:
    Delete entry and replace with ``Director, Defense Manpower Data 
Center, 1600 Wilson Boulevard, Suite 400, Arlington VA 22209-2593.
    Deputy Director, Defense Manpower Data Center, DoD Center Monterey 
Bay, 400 Gigling Road, Seaside, CA 93955-6771.''

Notification procedure:
    Delete entry and replace with ``Individuals seeking to determine 
whether information about themselves is contained in this system should 
address written inquiries to the Deputy Director, Defense Manpower Data 
Center, DoD Center Monterey Bay, 400 Gigling Road, Seaside, CA 93955-
6771.
    Written requests must contain the full name (and any alias and/or 
alternate names used), Social Security Number (SSN), and date and place 
of birth.''

Records access procedures:
    Delete entry and replace with ``Individuals seeking information 
about themselves contained in this system should address written 
inquiries to the Office of the Secretary of Defense/Joint Staff Freedom 
of Information Act Requester Service Center, 1155 Defense Pentagon, 
Washington, DC 20301-1155.
    Individuals should provide their full name (and any alias and/or 
alternate names used), Social Security Number (SSN), and date and place 
of birth.
    In addition, the requester must provide a notarized statement or an 
unsworn declaration made in accordance with 28 U.S.C. 1746, in the 
following format:
    If executed without 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.
    Because JPAS is a joint DoD system, it may be necessary to refer 
specific data to the DoD Component where it originated for a release 
determination.''

Contesting record procedures:
    Delete entry and replace with ``The Office of the Secretary of 
Defense/Joint Staff rules for accessing records, and for contesting or 
appealing agency determinations are published in Office of the 
Secretary of Defense Administrative Instruction 81, 32 CFR part 311; or 
may be obtained directly from the system manager.''

Records source categories:
    Delete entry and replace with ``Information contained in this 
system is derived from the appropriate DoD personnel systems; 
Consolidated Adjudication Tracking System (CATS); records maintained by 
the DoD adjudicative agencies; and records maintained by security 
managers, special security officers, or other officials requesting and/
or sponsoring the security eligibility determination for the 
individual. Additional information may be obtained from other sources 
(such as personnel security investigations, personal financial records, 
military service records, medical records and unsolicited sources.)''

Exemptions claimed for the system:
    Delete entry and replace with ``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 requirements of 5 U.S.C. 553(b)(1), (2), and (3), (c) 
and (e) and published in 32 CFR part 311. For additional information 
contact the system manager.''
* * * * *
DMDC 12 DoD

System name:
    Joint Personnel Adjudication System (JPAS).

System location:
    Defense Manpower Data Center, DoD Center Monterey Bay, 400 Gigling 
Road, Seaside, CA 93955-6771.

Categories of individuals covered by the system:
    All Department of Defense active and reserve military personnel; 
civilian employees and applicants; DoD contractor employees and 
applicants; National Guard personnel; U.S. Coast Guard military and 
civilian personnel and applicants requiring access to National Security 
and/or Sensitive Compartmented Information; ``affiliated'' personnel 
(such as Non-Appropriated Fund employees, Red Cross volunteers and 
staff; USO personnel, and congressional staff members); and foreign 
nationals whose duties require access to National Security Information 
(NSI) and/or assignment to a sensitive position.

Categories of records in the system:
    Complete investigation packages and documenting records conducted 
by Federal investigative organizations (e.g., U.S. Office of Personnel 
Management (OPM), Central Intelligence Agency, NASA, etc.) and locator 
references to such investigations. Records documenting the personnel 
security adjudicative and management process, to include an 
individual's Social Security Number (SSN); name (both, current, former 
and alternate names); date of birth; place of birth; country of 
citizenship; type of DoD affiliation; employing activity; current 
employment status; position sensitivity; personnel security 
investigative basis; status of current adjudicative action; security 
clearance eligibility and access status; whether eligibility 
determination was based on a condition, deviation from prescribed 
investigative standards or waiver of adjudication guidelines; reports 
of security-related incidents, to include issue files; suspension of 
eligibility and/or access; denial or revocation of eligibility and/or 
access; eligibility recommendations or decisions made by an appellate 
authority; non-disclosure execution dates; indoctrination date(s); 
level(s) of access granted; debriefing date(s); and reasons for 
debriefing.

Authority for maintenance of the system:
    50 U.S.C. 401, Congressional declaration of purpose; 50 U.S.C. 435, 
Purposes; DoD 5200.2R, Department of Defense Personnel Security Program 
Regulation; DoD 5105.21-M-1, Sensitive Compartment Information 
Administrative Security Manual; E.O. 10450, Security Requirements for 
Government Employment; E.O. 10865, Safeguarding Classified Information 
Within Industry; E.O. 12333, United States Intelligence Activities; 
E.O. 12829, National Industrial Security

[[Page 63164]]

Program; and E.O. 12968, Access to Classified Information; and E.O. 
9397 (SSN), as amended.

Purpose(s):
    The Joint Personnel Adjudication System (JPAS) is an enterprise 
automated system for personnel security management, providing a common, 
comprehensive medium to record and document personnel security actions 
within the Department, including granting interim clearances and 
submitting investigations. Decentralized access is authorized at the 
nine central adjudication facilities and DoD Component security 
offices. JPAS also compiles statistical data for use in analyses and 
studies.

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, these records may specifically be 
disclosed outside the DoD as follows:
    To the White House to obtain approval of the President of the 
United States regarding certain military personnel office actions as 
provided for in DoD Instruction 1320.4, Military Officer Actions 
Requiring Approval of the Secretary of Defense or the President, or 
Confirmation by the Senate.
    To the U.S. Citizenship and Immigration Services for use in alien 
admission and naturalization inquiries.
    To the Office of the Director of National Intelligence, the Federal 
Bureau of Investigation; the National Aeronautics and Space 
Administration; the Central Intelligence Agency; the Office of 
Personnel Management; the Department of State, the Department of 
Treasury; the Internal Revenue Service; the U.S. Postal Service; the 
U.S. Secret Service; the Bureau of Alcohol, Tobacco, Firearms and 
Explosives; the U.S. Customs and Border Protection; Department of 
Homeland Security; any other related Federal agencies for the purpose 
of determining access to National Security information (NSI) pursuant 
to E.O. 12968, Access to Classified Information.
    To authorized industry users for the purpose of verifying 
eligibility and determining access to National Security Information 
(NSI) of their employees.
    The DoD ``Blanket Routine Uses'' set forth at the beginning of the 
Office of the Secretary of Defense compilation of systems of records 
notices also apply to this system.

Policies and practices for storing, retrieving, accessing, 
safeguarding, retaining and disposing of records in the system:
Storage:
    Electronic storage media.

Retrievability:
    Information is retrieved by full name, Social Security Number 
(SSN), date of birth, state and/or country of birth.

Safeguards:
    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 valid need-to-know, 
who are appropriately screened, investigated and determined eligible 
for access. During non-duty hours, alarms systems and/or security or 
military police guards secure all locations. Only authorized personnel 
with a valid need-to-know are allowed access to JPAS. Additionally, 
access to JPAS is based on a user's specific functions, security 
eligibility and access level.

Retention and disposal:
    Disposition pending. Until the National Archives and Records 
Administration has approved the disposition, treat records as 
permanent.

System manager(s) and address:
    Director, Defense Manpower Data Center, 1600 Wilson Boulevard, 
Suite 400, Arlington VA 22209-2593.
    Deputy Director, Defense Manpower Data Center, DoD Center Monterey 
Bay, 400 Gigling Road, Seaside, CA 93955-6771.

Notification procedure:
    Individuals seeking to determine whether information about 
themselves is contained in this system should address written inquiries 
to the Deputy Director, Defense Manpower Data Center, DoD Center 
Monterey Bay, 400 Gigling Road, Seaside, CA 93955-6771.
    Written requests must contain the full name (and any alias and/or 
alternate names used), Social Security Number (SSN), and date and place 
of birth.

Records access procedures:
    Individuals seeking information about themselves contained in this 
system should address written inquiries to the Office of the Secretary 
of Defense/Joint Staff Freedom of Information Act Requester Service 
Center, 1155 Defense Pentagon, Washington, DC 20301-1155.
    Individuals should provide their full name (and any alias and/or 
alternate names used), Social Security Number (SSN), and date and place 
of birth.
    In addition, the requester must provide a notarized statement or an 
unsworn declaration made in accordance with 28 U.S.C. 1746, in the 
following format:
    If executed without 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.
    Because JPAS is a ``joint'' DoD system, it may be necessary to 
refer specific data to the DoD Component where it originated for a 
release determination.

Contesting record procedures:
    The Office of the Secretary of Defense/Joint Staff rules for 
accessing records, and for contesting or appealing agency 
determinations are published in Office of the Secretary of Defense 
Administrative Instruction 81, 32 CFR part 311; or may be obtained 
directly from the system manager.

Records source categories:
    Information contained in this system is derived from the 
appropriate DoD personnel systems; Consolidated Adjudication Tracking 
System (CATS); records maintained by the DoD adjudicative agencies; and 
records maintained by security managers, special security officers, or 
other officials requesting and/or sponsoring the security eligibility 
determination for the individual. Additional information may be 
obtained from other sources (such as personnel security investigations, 
personal financial records, military service records, medical records 
and unsolicited sources.)

Exemptions claimed for the system:
    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

[[Page 63165]]

requirements of 5 U.S.C. 553(b)(1), (2), and (3), (c) and (e) and 
published in 32 CFR part 311. For additional information contact the 
system manager.
[FR Doc. 2010-25871 Filed 10-13-10; 8:45 am]
BILLING CODE 5001-06-P