25724 Federal Register / Vol. 74, No. 102 / Friday, May 29, 2009 / Notices 

Dated: May 22, 2009. 

Thomas P. Smith, 

Colonel, Corps of Engineers, District Engineer, 

Memphis District. 

[FR Doc. E9–12567 Filed 5–28–09; 8:45 am] 

BILLING CODE 3710–KS–P 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

[Docket ID DOD–2009–OS–0072] 

Privacy Act of 1974; System of 

Records 

AGENCY: National Security Agency/ 

Central Security Service, DoD. 

ACTION: Notice to Alter a System of 

Records. 

SUMMARY: The National Security 

Agency/Central Security Service is 

proposing to alter an exempt system of 

records to 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 June 

29, 2009 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 May 21, 2009, to the 

House Committee on Oversight and 

Government Reform, the Senate 

Committee on Homeland Security and 

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: May 21, 2009. 

Morgan E. Frazier, 

Alternate OSD Federal Register Liaison 

Officer, Department of Defense. 

GNSA 10 

SYSTEM NAME: 

NSA/CSS Personnel Security File 

(February 22, 1993, 58 FR 10531). 

CHANGES: 

* * * * * 

CATEGORIES OF RECORDS IN THE SYSTEM: 

Delete entry and replace with 

‘‘Records relevant to access classified 

information, assignment and 

reassignment, foreign official and 

unofficial travel, access to NSA/CSS 

spaces or facilities, access to NSA’s 

Intranet, and other personnel actions 

where security represents a relevant and 

valid element of the determination. 

Records may consist of name, Social 

Security Number (SSN), home address, 

home phone number, security file 

number, statement of personal history, 

photograph, fingerprint data, 

agreements with respect to specific 

security processing procedures, security 

processing forms and records, 

investigative and polygraph reports, 

appeal records, incident and complaint 

reports, unsolicited information when 

relevant, reports by domestic law 

enforcement agencies when relevant, 

clearance data, access authorization, 

foreign travel data, security secrecy 

agreements and financial data’’. 

AUTHORITY FOR MAINTENANCE OF SYSTEM: 

Delete entry and replace with ‘‘50 

U.S.C. Sections 831–835, Personnel 

Security Procedures in the National 

Security Agency; E.O.10450, as 

amended, Security Requirements for 

Government Employment; E.O.10865, as 

amended, Safeguarding Classified 

Information Within Industry, E.O.12968, 

Access to Classified Information; and 

E.O 9397 (SSN)’’. 

PURPOSE(S): 

Delete entry and replace with ‘‘The 

records are used for the purpose of 

determining suitability, eligibility, or 

qualification for civil employment, 

federal contracts, or access to classified 

information and/or NSA/CSS spaces 

and facilities; to determine access to 

NSA’s Intranet, to determine and ensure 

continued eligibility for access to 

classified information; to record 

adjudicative actions and 

determinations; to record processing 

steps taken; to document due process 

actions taken; to make determinations 

on official and unofficial foreign travel; 

to make determinations on assignment 

and reassignment and other actions 

where security represents a relevant and 

valid element of the determination’’. 

ROUTINE USE OF THE RECORDS MAINTAINED IN

THE SYSTEM, INCLUDING CATEGORIES OF USERS

AND THE PURPOSE 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, these records 

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 agencies outside DoD, to include 

but not limited to other clearance holder 

agencies or agencies charged with 

making clearance determinations, 

government agencies involved with 

national security or clearance 

investigations, other government 

agencies and private contractors 

requiring clearance status information 

and authorized to receive same; the 

Director National Intelligence (DNI) and 

his General Counsel in the event of 

litigation or anticipated litigation with 

respect to unauthorized disclosures of 

classified intelligence or intelligence 

sources and methods and related court 

actions; judicial branch elements 

pursuant to specific court orders or 

litigation. 

In addition, other government 

agencies or private contractors may be 

informed of information developed by 

NSA which bears on assignee’s or 

affiliate’s status at NSA with regard to 

security considerations. 

To local law enforcement (county and 

state) and other federal, state, or local 

agencies or departments for hiring 

purposes. 

To any entity or individual under 

contract with NSA/CSS for the purpose 

of providing security-related services. 

To any party, council, representative, 

and/or witness in any legal proceeding, 

where pertinent, to which DoD is a 

party before a court or administrative 

body (including, but not limited to, the 

Equal Employment Opportunity 

Commission and Merit System 

Protection Board). 

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: 

Delete entry and replace with ‘‘Paper 

in file folders and electronic storage 

media’’. 

mstockstill on PROD1PC66 with NOTICES

Federal Register / Vol. 74, No. 102 / Friday, May 29, 2009 / Notices 25725 

RETRIEVABILITY: 

Delete entry and replace with ‘‘By 

name, Social Security Number (SSN), or 

unique Security File 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 

facilities themselves, access to paper 

and computer printouts are controlled 

by limited-access facilities and lockable 

containers. Access to electronic means 

is limited and controlled by computer 

password protection’’. 

RETENTION AND DISPOSAL: 

Delete entry and replace with 

‘‘Records containing no derogatory 

information are reviewed for retention 

10 years after date of last action then 

destroyed; records containing 

derogatory information are reviewed for 

retention 25 years after last action then 

destroyed. 

Records are destroyed by pulping, 

burning, shredding, or erasure or 

destruction of magnet media’’. 

SYSTEM MANAGER(S) AND ADDRESS: 

Delete entry and replace with ‘‘The 

Associate Director for Security and 

Counterintelligence, National Security 

Agency/Central Security Service, Ft. 

George G. Meade, MD 20755–6000’’. 

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 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 

individual’s full name, Social Security 

Number (SSN) and mailing address’’. 

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 

individual’s full name, Social Security 

Number (SSN) and mailing address’’. 

CONTESTING RECORD PROCEDURES: 

Delete entry and replace with ‘‘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 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 ‘‘Data 

provided by individual during 

employment and security processing; 

data provided by investigative service 

processing individual’s background; 

data provided by references, educational 

institutions and other sources named by 

individual or developed during 

background investigation; unsolicited 

data from any source where relevant; 

data provided by the Office of Personnel 

Management and other agencies, 

departments, and governmental 

elements involved in the conduct of 

National Agency checks and Local 

Agency checks; the Federal Bureau of 

Investigation; data developed by 

appropriate governmental elements in 

the course of a national security 

investigation or investigation into 

alleged violations of criminal statutes 

related to unauthorized disclosure of 

intelligence or protection of intelligence 

sources and methods; documents 

furnished by agency element sponsoring 

individual for access to specific 

classified information’’. 

* * * * * 

GNSA 10 

SYSTEM NAME: 

NSA/CSS Personnel Security File. 

SYSTEM LOCATION: 

National Security Agency/Central 

Security Service, 9800 Savage Road, Ft. 

George G. Meade, MD 20755–6000. 

CATEGORIES OF INDIVIDUALS COVERED BY THE

SYSTEM: 

Applicants for employment with 

NSA/CSS; civilian employees; 

personnel under contract; military 

assignees; members of advisory groups; 

consultants; experts; other military 

personnel; federal employees; 

employees of contractors, and 

employees of services; other individuals 

who require access to NSA/CSS 

facilities or information and individuals 

who were formerly affiliated with NSA/ 

CSS. 

CATEGORIES OF RECORDS IN THE SYSTEM: 

Records relevant to access classified 

information, assignment and 

reassignment, foreign official and 

unofficial travel, access to NSA/CSS 

spaces or facilities, access to NSA’s 

Intranet, and other personnel actions 

where security represents a relevant and 

valid element of the determination. 

Records may consist of name, social 

security number, home address, home 

phone number, security file number, 

statement of personal history, 

photograph, fingerprint data, 

agreements with respect to specific 

security processing procedures, security 

processing forms and records, 

investigative and polygraph reports, 

appeal records, incident and complaint 

reports, unsolicited information when 

relevant, reports by domestic law 

enforcement agencies when relevant, 

clearance data, access authorization, 

foreign travel data, security secrecy 

agreements, and financial data. 

AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 

50 U.S.C. Sections 831–835, 

Personnel Security Procedures in the 

National Security Agency; E.O.10450, as 

amended, Security Requirements for 

Government Employment; E.O.10865, as 

amended, Safeguarding Classified 

Information Within Industry, E.O.12968, 

Access to Classified Information; and 

E.O 9397 (SSN). 

PURPOSE(S): 

The records are used for the purpose 

of determining suitability, eligibility, or 

qualification for civil employment, 

federal contracts, or access to classified 

information and/or NSA/CSS spaces 

and facilities; to determine access to 

NSA’s Intranet, to determine and ensure 

continued eligibility for access to 

classified information; to record 

adjudicative actions and 

determinations; to record processing 

steps taken; to document due process 

actions taken; to make determinations 

on official and unofficial foreign travel; 

to make determinations on assignment 

and reassignment and other actions 

where security represents a relevant and 

valid element of the determination. 

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 agencies outside DoD, to include 

but not limited to other clearance holder 

agencies or agencies charged with 

making clearance determinations, 

government agencies involved with 

national security or clearance 

investigations, other government 

agencies and private contractors 

mstockstill on PROD1PC66 with NOTICES

25726 Federal Register / Vol. 74, No. 102 / Friday, May 29, 2009 / Notices 

requiring clearance status information 

and authorized to receive same; the 

Director National Intelligence and his 

General Counsel in the event of 

litigation or anticipated litigation with 

respect to unauthorized disclosures of 

classified intelligence or intelligence 

sources and methods and related court 

actions; judicial branch elements 

pursuant to specific court orders or 

litigation. 

In addition, other government 

agencies or private contractors may be 

informed of information developed by 

NSA which bears on assignee’s or 

affiliate’s status at NSA with regard to 

security considerations. 

To local law enforcement (county and 

state) and other federal, state, or local 

agencies or departments for hiring 

purposes. 

To any entity or individual under 

contract with NSA/CSS for the purpose 

of providing security-related services. 

To any party, council, representative, 

and/or witness in any legal proceeding, 

where pertinent, to which DoD is a 

party before a court or administrative 

body (including, but not limited to, the 

Equal Employment Opportunity 

Commission and Merit System 

Protection Board). 

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: 

Paper records in file folders and 

electronic storage media. 

RETRIEVABILITY: 

By name, Social Security Number 

(SNN), or unique Security File number. 

SAFEGUARDS: 

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 

facilities themselves, access to paper 

and computer printouts are controlled 

by limited-access facilities and lockable 

containers. Access to electronic means 

is limited and controlled by computer 

password protection. 

RETENTION AND DISPOSAL: 

Records containing no derogatory 

information are reviewed for retention 

10 years after date of last action then 

destroyed; records containing 

derogatory information are reviewed for 

retention 25 years after last action then 

destroyed. 

Records are destroyed by pulping, 

burning, shredding, or erasure or 

destruction of magnet media. 

SYSTEM MANAGER(S) AND ADDRESS: 

The Associate Director for Security 

and Counterintelligence, 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, 

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 

individual’s full name, Social Security 

Number (SSN) and mailing address. 

RECORD ACCESS PROCEDURES: 

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 

individual’s full name, Social Security 

Number (SSN) and mailing address. 

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 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: 

Data provided by individual during 

employment and security processing; 

data provided by investigative service 

processing individual’s background; 

data provided by references, educational 

institutions and other sources named by 

individual or developed during 

background investigation; unsolicited 

data from any source where relevant; 

data provided by the Office of Personnel 

Management and other agencies, 

departments, and governmental 

elements involved in the conduct of 

National Agency checks and Local 

Agency checks; the Federal Bureau of 

Investigation; data developed by 

appropriate governmental elements in 

the course of a national security 

investigation or investigation into 

alleged violations of criminal statutes 

related to unauthorized disclosure of 

intelligence or protection of intelligence 

sources and methods; documents 

furnished by agency element sponsoring 

individual for access to specific 

classified information. 

EXEMPTIONS CLAIMED FOR THE SYSTEM: 

Individual records in this file may be 

exempt pursuant to 5 U.S.C. 552a (k)(2), 

(k)(5), and (k)(6), as applicable. 

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 

eligible, as a result of the maintenance 

of such 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 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. 

Testing or examination material used 

solely to determine individual 

qualifications for appointment or 

promotion in the federal or military 

service, if the disclosure would 

compromise the objectivity or fairness 

of the test or examination process may 

be exempt pursuant to 5 U.S.C. 

552a(k)(6), if the disclosure would 

compromise the objectivity or fairness 

of the test or examination process. 

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. E9–12501 Filed 5–28–09; 8:45 am] 

BILLING CODE 5001–06–P 

mstockstill on PROD1PC66 with NOTICES