Federal Register, Volume 75 Issue 229 (Tuesday, November 30, 2010)

[Federal Register Volume 75, Number 229 (Tuesday, November 30, 2010)]
[Notices]
[Pages 74019-74021]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-30042]

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DEPARTMENT OF DEFENSE

Office of the Secretary

[Docket ID: DOD-2010-OS-0156]

Privacy Act of 1974; System 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 is
proposing to alter a system of records in its existing inventory of
records systems subject to the Privacy Act of 1974, (5 U.S.C. 552a), as
amended.

DATES: This proposed action will be effective without further notice on
December 30, 2010 unless comments are received which result in a
contrary determination.

ADDRESSES: You may submit comments, identified by docket number and/
Regulatory Information Number (RIN) 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, Room 3C843,
1160 Defense Pentagon, Washington, DC 20301-1160.
Instructions: All submissions received must include the agency name
and docket number or Regulatory Information Number (RIN) 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: 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, Ms.
Anne Hill at (301) 688-6527.

SUPPLEMENTARY INFORMATION: The National Security Agency/Central
Security Service system of records notices 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 FOR FURTHER INFORMATION
CONTACT address above.
The proposed system report, as required by 5 U.S.C. 552a of the
Privacy Act of 1974, as amended, was submitted on November 17, 2010, 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: November 18, 2010.
Morgan F. Park,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
GNSA 18

System Name:
Operations Files (January 3, 2002, 67 FR 309).
* * * * *

Changes:
System Name:
Change system name to ``Operations Files.''
* * * * *

Categories of records in the system:
Delete entry and replace with ``Records include individual's name,
Social Security Number (SSN); employee identification number;
administrative information; biographic information; intelligence
requirements, analysis and reporting; information

[[Page 74020]]

systems security analysis and reporting; operational records; articles;
public-source data; and other published information on individuals and
events of interest to NSA/CSS; actual or purported compromises of
classified intelligence; countermeasures in connection therewith; and
identification of classified source documents and distribution
thereof.''

Authority for maintenance of the system:
Delete entry and replace with ``National Security Agency Act of
1959, as amended (Pub. L. 86-36) (codified at 50 U.S.C. 402 note); E.O.
12333, as amended, United States Intelligence Activities; E.O. 13526,
Classified National Security Information; National Security Directive
42, National Policy for the Security of National Security
Telecommunications and Information Systems; and E.O. 9397 (SSN), as
amended.''
* * * * *

Storage:
Delete entry and replace with ``Paper records in file folders and
electronic storage media.''

Retrievability:
Delete entry and replace with ``Information is retrieved by
individual's name, Social Security Number (SSN), and/or employee
identification 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 is controlled by limited-access facilities and lockable
containers. Access to electronic means is computer password
protected.''

Retention and Disposal:
Delete entry and replace with ``Intelligence Reports: Permanent,
transfer to the NSA/CSS Records Center when 5 years old and transfer to
the National Archives and Records Administration when 50 years old.
Intelligence Products: Permanent, transfer to the NSA/CSS Records
Center when 5 years old and transfer to the National Archives and
Records Administration when 50 years old.
Intelligence Collection Records: Temporary, transfer to NSA/CSS
Records Center annually, review every 5 years for destruction.
Production records: Temporary, review every 5 years for
destruction.
Records are destroyed by pulping, burning, shredding, or erasure or
destruction of magnet media.''
* * * * *

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,
address and telephone number.''

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,
address and telephone number.''

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.''
* * * * *
GNSA 18

System name:
Operations Records.

System location:
National Security Agency/Central Security Service, Ft. George G.
Meade, MD 20755-6000.

Categories of individuals covered by the system:
Individuals identified in foreign intelligence,
counterintelligence, or information system security reports and
supportive materials, including individuals involved in matters of
foreign intelligence interest, information systems security interest,
the compromise of classified information, or terrorism.

Categories of records in the system:
Records include individual's name, Social Security Number (SSN),
employee identification number; administrative information; biographic
information; intelligence requirements, analysis and reporting;
information systems security analysis and reporting; operational
records; articles, public-source data, and other published information
on individuals and events of interest to NSA/CSS; actual or purported
compromises of classified intelligence; countermeasures in connection
therewith; and identification of classified source documents and
distribution thereof.

Authority for maintenance of the system:
National Security Agency Act of 1959, as amended (Pub. L. 86-36)
(codified at 50 U.S.C. 402 note); E.O. 12333, as amended, United States
Intelligence Activities; E.O. 13526, Classified National Security
Information; National Security Directive 42, National Policy for the
Security of National Security Telecommunications and Information
Systems; and E.O. 9397 (SSN), as amended.

Purpose(s):
To maintain records on foreign intelligence, counterintelligence,
and information systems security matters relating to the mission of the
National Security Agency.

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, 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 U.S. Government agencies, and in some instances foreign
government agencies or their representatives, to provide foreign
intelligence, counterintelligence, information systems security
information, and other information.
To U.S. Government officials regarding compromises of classified
information including the document(s) apparently compromised,
implications of disclosure of intelligence sources and methods,
investigative data on compromises, and statistical and substantive
analysis of the data.
To any U.S. Government organization in order to facilitate any
security, employment, detail, liaison, or contractual decision by any
U.S. Government organization.
Records may further be disclosed to agencies involved in the
protection of

[[Page 74021]]

intelligence sources and methods to facilitate such protection and to
support intelligence analysis and reporting.
The DoD `Blanket Routine Uses' published 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:
Information is retrieved by individual's name, Social Security
Number (SSN), and/or employee identification 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
controlled by computer password protection.

Retention and disposal:
Intelligence Reports: Permanent, transfer to the NSA/CSS Records
Center when 5 years old and transfer to the National Archives and
Records Administration when 50 years old.
Intelligence Products: Permanent, transfer to the NSA/CSS Records
Center when 5 years old and transfer to the National Archives and
Records Administration when 50 years old.
Intelligence Collection Records: Temporary, transfer to NSA/CSS
Records Center annually, review every 5 years for destruction.
Production records: Temporary, review every 5 years for destruction.
Records are destroyed by pulping, burning, shredding, or erasure or
destruction of magnet media.

System manager(s) and address:
Director, 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,
address and telephone number.

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,
address and telephone number.

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:
Individuals themselves; U.S. agencies and organizations; media,
including periodicals, newspapers, and broadcast transcripts; public
and classified reporting; intelligence source documents; investigative
reports; and correspondence.

Exemptions claimed for the system:
Information specifically authorized to be classified under E.O.
12958, as implemented by DoD 5200.1-R, may be 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(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 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.
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 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. 2010-30042 Filed 11-29-10; 8:45 am]
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