[Federal Register Volume 80, Number 189 (Wednesday, September 30, 2015)]
[Notices]
[Pages 58717-58720]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-24632]
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DEPARTMENT OF DEFENSE
Office of the Secretary
[Docket ID: DoD-2015-OS-0072]
Privacy Act of 1974; System of Records
AGENCY: Office of the Secretary of Defense, DoD.
ACTION: Notice to add a new System of Records.
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SUMMARY: The Office of the Secretary of Defense proposes to add a new
system of records, DPFPA 06, entitled ``Internal Affairs Records
System'' to document investigations of alleged Pentagon Force
Protection Agency employee misconduct, fraud, waste, and abuse.
[[Page 58718]]
The records may be used in law enforcement, judicial, or adjudicative
proceedings including litigation. Records are also used to identify
alleged offenders, witnesses or victims, to document facts and
evidence, and to respond to congressional inquiries as appropriate.
Used as a management tool for statistical analysis, tracking,
reporting, evaluation program effectiveness, and conducting research.
DATES: Comments will be accepted on or before November 2, 2015. This
proposed action will be effective the day following the end of the
comment period 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:
* Federal Rulemaking Portal: http://www.regulations.gov. Follow the
instructions for submitting comments.
* Mail: Department of Defense, Office of the Deputy Chief
Management Officer, Directorate of Oversight and Compliance, Regulatory
and Audit Matters Office, 9010 Defense Pentagon, Washington, DC 20301-
9010.
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. Cindy Allard, Chief, OSD/JS
Privacy Office, Freedom of Information Directorate, Washington
Headquarters Service, 1155 Defense Pentagon, Washington, DC 20301-1155,
or by phone at (571) 372-0461.
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 address in FOR FURTHER INFORMATION CONTACT
or at http://dpcld.defense.gov/ gov/.
The proposed system report, as required by 5 U.S.C. 552a(r) of the
Privacy Act of 1974, as amended, was submitted on July 22, 2015, 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: July 23, 2015.
Aaron Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
DPFPA 06
System name:
Internal Affairs Records System.
System location:
Pentagon Force Protection Agency (PFPA), 9000 Defense Pentagon,
Washington, DC 20301-9000.
Categories of Individuals Covered by the System:
PFPA employees who are either the subject of or associated with an
internal affairs investigation by the Office of Professional
Responsibility (OPR).
Any witness or victims outside of PFPA who are connected with an
OPR investigation.
Categories of Records in the System:
PFPA employees:
Name (including former names and aliases), Social Security Number
(SSN), DoD Identification Number (DoD ID Number), driver's license
(state, number, and expiration date), gender, race/ethnicity, home
address, home/work/cell phone numbers, home/work email addresses, date
and place of birth, country of birth, height, weight, hair/eye color,
build, facial hair, employment information (name, address, and phone
number of employer), education information (degree, certification),
security clearance level, disability information (what type), Office of
Professional Responsibility case number, Incident Crime Information
System case number, and law enforcement data (criminal arrest history,
Federal Bureau of Investigation/State ID numbers). Additional data for
PFPA employees includes marital status, length of service, supervisor's
name and phone number, and records of investigations to include Reports
of Investigation, Information Reports and Case Summaries.
Witness or victims:
Name, home address, home/work/cell phone number, and date and place
of birth.
Authority for Maintenance of the System:
10 U.S.C. 2674, Operation and control of Pentagon Reservation and
defense facilities in National Capital Region; DoD Directive 5105.68,
Pentagon Force Protection Agency; Administrative Instruction 30, Force
Protection of the Pentagon; and E.O. 9397 (SSN), as amended.
Purpose(s):
To document investigations of alleged Pentagon Force Protection
Agency employee misconduct, fraud, waste, and abuse. The records may be
used in law enforcement, judicial, or adjudicative proceedings
including litigation. Records are also used to identify alleged
offenders, witnesses or victims, to document facts and evidence, and to
respond to congressional inquiries as appropriate. Used as a management
tool for statistical analysis, tracking, reporting, evaluation program
effectiveness, and conducting research.
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 of 1974, as amended, the records contained
herein may specifically be disclosed outside the DoD as a routine use
pursuant to 5 U.S.C. 552a(b)(3) as follows:
Law Enforcement Routine Use: If a system of records maintained by a
DoD Component to carry out its functions indicates a violation or
potential violation of law, whether civil, criminal, or regulatory in
nature, and whether arising by general statute or by regulation, rule,
or order issued pursuant thereto, the relevant records in the system of
records may be referred, as a routine use, to the agency concerned,
whether federal, state, local, or foreign, charged with the
responsibilities of investigating or prosecuting such violation or
charged with enforcing or implementing the statute, rule, regulation,
or order issued pursuant thereto.
Disclosure When Requesting Information Routine Use: A record from a
system of records maintained by a DoD Component may be disclosed as a
routine use to a federal, state, or local agency maintaining civil,
criminal, or other relevant enforcement information or other pertinent
information, such as current licenses, if necessary to obtain
information relevant to a DoD Component decision concerning the hiring
or retention of an employee, the issuance of a security clearance, the
letting of a contract, or the issuance of a license, grant, or other
benefit.
Disclosure of Requested Information Routine Use: A record from a
system of records maintained by a DoD Component may be disclosed to a
federal agency, in response to its request, in connection with the
hiring or retention of an employee, the issuance
[[Page 58719]]
of a security clearance, the reporting of an investigation of an
employee, the letting of a contract, or the issuance of a license,
grant, or other benefit by the requesting agency, to the extent that
the information is relevant and necessary to the requesting agency's
decision on the matter.
Congressional Inquiries Disclosure Routine Use: Disclosure from a
system of records maintained by a DoD Component may be made to a
congressional office from the record of an individual in response to an
inquiry from the congressional office made at the request of that
individual.
Disclosure to the Department of Justice for Litigation Routine Use:
A record from a system of records maintained by a DoD Component may be
disclosed as a routine use to any component of the Department of
Justice for the purpose of representing the Department of Defense, or
any officer, employee or member of the Department in pending or
potential litigation to which the record is pertinent.
Disclosure of Information to the National Archives and Records
Administration Routine Use: A record from a system of records
maintained by a DoD Component may be disclosed as a routine use to the
National Archives and Records Administration for the purpose of records
management inspections conducted under authority of 44 U.S.C. 2904 and
2906.
Disclosure to the Merit Systems Protection Board Routine Use: A
record from a system of records maintained by a DoD Component may be
disclosed as a routine use to the Merit Systems Protection Board,
including the Office of the Special Counsel for the purpose of
litigation, including administrative proceedings, appeals, special
studies of the civil service and other merit systems, review of OPM or
component rules and regulations, investigation of alleged or possible
prohibited personnel practices; including administrative proceedings
involving any individual subject of a DoD investigation, and such other
functions, promulgated in 5 U.S.C. 1205 and 1206, or as may be
authorized by law.
Data Breach Remediation Purposes Routine Use: A record from a
system of records maintained by a Component may be disclosed to
appropriate agencies, entities, and persons when (1) The Component
suspects or has confirmed that the security or confidentiality of the
information in the system of records has been compromised; (2) the
Component has determined that as a result of the suspected or confirmed
compromise there is a risk of harm to economic or property interests,
identity theft or fraud, or harm to the security or integrity of this
system or other systems or programs (whether maintained by the
Component or another agency or entity) that rely upon the compromised
information; and (3) the disclosure made to such agencies, entities,
and persons is reasonably necessary to assist in connection with the
Components efforts to respond to the suspected or confirmed compromise
and prevent, minimize, or remedy such harm.
The DoD Blanket Routine Uses set forth at the beginning of the
Office of the Secretary of Defense (OSD) compilation of systems of
records notices may apply to this system. The complete list of DoD
Blanket Routine Uses can be found online at: http://dpcld.defense.gov/Privacy/SORNsIndex/BlanketRoutineUses.aspx.
Policies and Practices for Storing, Retrieving, Accessing, Retaining,
and Disposing of Records in the System:
Storage
Paper file folders and electronic storage media.
Retrievability:
Name, SSN, DoD ID number, or driver's license number, and date of
birth.
Safeguards:
Records are maintained in controlled areas accessible only to
authorized DoD personnel, including systems users, system
administrators, and authorized contractors who have a need-to-know in
the performance of official duties and who are properly screened and
cleared. Physical entry is restricted by the use of locks, guards,
identification badges, key cards, and closed circuit TV. Paper records
are stored in locked cabinets in secured offices which are further
protected by an access control system. Access to personal information
is further restricted by the use of Common Access Card and user ID/
passwords, intrusion detection system, encryption, firewalls and DoD
public key infrastructure certificates. Data in transit and at rest is
encrypted. Administrative procedures, including periodic security
audits, regular monitoring of users' security practices, and methods to
ensure only authorized personnel access Personally Identifiable
Information (PII).
Retention and Disposal:
Destroy/Delete 15 years after the close of the investigation.
System Manager(s) and Address:
Chief, Office of Professional Responsibility, Pentagon Force
Protection Agency, 9000 Defense Pentagon, Washington, DC 20301-9000.
Notification Procedure:
Individuals seeking to determine whether information about
themselves is contained in a closed investigation in this system should
address written inquiries to the Chief, Office of Professional
Responsibility, Pentagon Force Protection Agency, 9000 Defense
Pentagon, Washington, DC 20301-9000.
PFPA employees: Signed, written requests should contain
individual's full name, SSN, DoD ID number, driver's license number,
and date of birth.
Witness or victims: Signed, written requests should contain the
individual's full name, home address, home/work/cell phone number, and
date and place of birth.
Note: The existence of an active investigation or the non-
existence of a record will be neither confirmed nor denied.
Record Access Procedures:
Individuals seeking access to records about themselves in a closed
investigation 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.
PFPA employees: Signed, written requests should include full name,
SSN, DoD ID number, driver's license number, date of birth, and the
number of this system of records notice.
Witness or victims: Signed, written requests should include full
name, home address, home/work/cell phone number, and date and place of
birth.
Note: The existence of an active investigation or the non-
existence of a record will be neither confirmed nor denied.
Contesting Record Procedures:
An exemption rule has been published, and this Privacy Act system
of records is exempt from the amendment and appeal provisions described
in 5 U.S.C. 552a(f).
Open investigations are exempt from the Access to Records
provisions established in 5 U.S.C. 552a(d).
Record Source Categories:
Individuals involved in or witness to the incident or inquiry, PFPA
officers and investigators, state and local law enforcement, and
Federal departments and agencies.
Exemptions Claimed for the System:
This system of records is used by the DoD for a law enforcement
purpose (j)(2) and (k)(2), and the records contained herein are used
for criminal,
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administrative, and civil enforcement requirements. As such, this
system of records is exempt from the following provisions of 5 U.S.C.
552a section (c)(3) and (4), (d), (e)(1) through (e)(3), (e)(4)(G)
through (I), (e)(5), (f) and (g) of the Act.
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.
[FR Doc. 2015-24632 Filed 9-29-15; 8:45 am]
BILLING CODE 5001-06-P