[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]
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