14 January 2002
Source: http://www.access.gpo.gov/su_docs/aces/fr-cont.html

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[Federal Register: January 14, 2002 (Volume 67, Number 9)]
[Proposed Rules]
[Page 1673-1676]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14ja02-22]

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DEPARTMENT OF DEFENSE

National Reconnaissance Office

32 CFR Part 326


NRO Privacy Act Program

AGENCY: National Reconnaissance Office, DoD.

ACTION: Proposed rule.

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SUMMARY: The National Reconnaissance Office (NRO) is proposing to
exempt one Privacy Act system of records. The system of records is
QNRO-21, Personnel Security Files. The exemptions are intended to
increase the value of the systems of records for law enforcement
purposes and to protect the privacy of individuals identified in the
systems of records. The National Reconnaissance Office is proposing to
exempt those records contained in this Privacy Act system of records
when an exemption has been previously claimed for the records in
another Privacy Act system of records. The exemption is intended to
preserve the exempt status of the record when the purposes underlying
the exemption for the original records are still valid and necessary to
protect the contents of the records. The NRO is also proposing to
exempt one Privacy Act system of records. The system of records is
QNRO-19, Customer Security Services Personnel Security Files. The
exemptions are intended to increase the value of the systems of records
for law enforcement purposes, to comply with prohibitions against the
disclosure of certain kinds of information, and to protect the privacy
of individuals identified in the systems of records. The NRO is moving
part 326 from subchapter P to subchapter O--Privacy Program.

DATES: Comments must be received by March 15, 2002, to be considered by
the agency.

ADDRESSES: National Reconnaissance Office, Information Access and
Release

[[Page 1674]]

Center, 14675 Lee Road, Chantilly, VA 20151-1715.

FOR FURTHER INFORMATION CONTACT: Ms. Barbara Freimann at (703) 808-
5029.

SUPPLEMENTARY INFORMATION:

Executive Order 12866, ``Regulatory Planning and Review''

    The Director of Administration and Management, Office of the
Secretary of Defense, hereby determines that Privacy Act rules for the
Department of Defense are not significant rules. The rules do not (1)
Have an annual effect on the economy of $100 million or more or
adversely affect in a material way the economy; a sector of the
economy; productivity; competition; jobs; the environment; public
health or safety; or State, local, or tribal governments or
communities; (2) Create a serious inconsistency or otherwise interfere
with an action taken or planned by another Agency; (3) Materially alter
the budgetary impact of entitlements, grants, user fees, or loan
programs, or the rights and obligations of recipients thereof; or (4)
Raise novel legal or policy issues arising out of legal mandates, the
President's priorities, or the principles set forth in this Executive
order.

Public Law 96-354, ``Regulatory Flexibility Act'' (5 U.S.C. chapter
6)

    The Director of Administration and Management, Office of the
Secretary of Defense, hereby certifies that Privacy Act rules for the
Department of Defense do not have significant economic impact on a
substantial number of small entities because they are concerned only
with the administration of Privacy Act systems of records within the
Department of Defense.

Public Law 96-511, ``Paperwork Reduction Act'' (44 U.S.C. chapter
35)

    The Director of Administration and Management, Office of the
Secretary of Defense, hereby certifies that Privacy Act rules for the
Department of Defense impose no information requirements beyond the
Department of Defense and that the information collected within the
Department of Defense is necessary and consistent with 5 U.S.C. 552a,
known as the Privacy Act of 1974.

Section 202, Public Law 104-4, ``Unfunded Mandates Reform Act''

    The Director of Administration and Management, Office of the
Secretary of Defense, hereby certifies that the Privacy Act rulemaking
for the Department of Defense does not involve a Federal mandate that
may result in the expenditure by State, local and tribal governments,
in the aggregate, or by the private sector, of $100 million or more and
that such rulemaking will not significantly or uniquely affect small
governments.

Executive Order 13132, ``Federalism''

    The Director of Administration and Management, Office of the
Secretary of Defense, hereby certifies that the Privacy Act rules for
the Department of Defense do not have federalism implications. The
rules do not have substantial direct effects on the States, on the
relationship between the National Government and the States, or on the
distribution of power and responsibilities among the various levels of
government.

List of Subjects in 32 CFR Part 326

    Privacy.

    1. The authority citation for 32 CFR part 326 continues to read as
follows:

    Authority: Pub. L. 93-579, 88 Stat 1896 (5 U.S.C. 552a).

    2. Chapter I, subchapters O and P are proposed to be amended by
removing 32 CFR part 326 from subchapter P and adding it to subchapter
O.
    3. Section 326.17 is proposed to be amended by adding paragraphs
(h), (i) and (j) to read as follows:

Sec. 326.17  Exemptions.

* * * * *
    (h) NRO-19
    (1) System name: Customer Security Services Personnel Security
Files.
    (2) Exemptions: (i) Investigatory material compiled for law
enforcement purposes 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 such information
except to the extent that disclosure would reveal the identity of a
confidential source.
    (ii) 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.
    (iii) Therefore, portions of this system of records may be exempt
pursuant to 5 U.S.C. 552a(k)(2) and/or (k)(5) from the following
subsections of 5 U.S.C. 552a(c)(3), (d), (e)(1), (e)(4)(G), (H) and
(I), and (f).
    (3) Authority: 5 U.S.C. 552a(k)(2) and (k)(5).
    (4) Reasons: (i) From subsection (c)(3) because to grant access to
the accounting for each disclosure as required by the Privacy Act,
including the date, nature, and purpose of each disclosure and the
identity of the recipient, could alert the subject to the existence of
the investigation or prosecutable interest by the NRO or other
agencies. This could seriously compromise case preparation by
prematurely revealing its existence and nature; compromise or interfere
with witnesses or make witnesses reluctant to cooperate; and lead to
suppression, alteration, or destruction of evidence.
    (ii) From subsections (d)(1) through (d)(4), and (f) because
providing access to investigatory records and the right to contest the
contents of those records and force changes to be made to the
information contained therein would seriously interfere with and thwart
the orderly and unbiased conduct of the investigation and impede case
preparation. Providing access rights normally afforded under the
Privacy Act would provide the subject with valuable information that
would allow interference with or compromise of witnesses or render
witnesses reluctant to cooperate; lead to suppression, alteration, or
destruction of evidence; enable individuals to conceal their wrongdoing
or mislead the course of the investigation; and result in the secreting
of or other disposition of assets that would make them difficult or
impossible to reach in order to satisfy any Government claim growing
out of the investigation or proceeding.
    (iii) From subsection (e)(1) because it is not always possible to
detect the relevance or necessity of each piece of information in the
early stages of an investigation. In some cases, it is only after the
information is evaluated in light of other evidence that its relevance
and necessity will be clear.
    (iv) From subsections (e)(4)(G) and (H) because this system of
records is compiled for investigatory purposes and is exempt from the
access provisions of subsections (d) and (f).
    (v) From subsection (e)(4)(I) because to the extent that this
provision is construed to require more detailed disclosure than the
broad, generic information currently published in the system notice, an
exemption from this provision is necessary to protect the
confidentiality of sources of information and to protect privacy and
physical safety of witnesses and informants. NRO will, nevertheless,
continue to publish such a notice in broad generic terms as is its
current practice.
    (vi) Consistent with the legislative purpose of the Privacy Act of
1974, the

[[Page 1675]]

NRO will grant access to nonexempt material in the records being
maintained. Disclosure will be governed by NRO's Privacy Regulation,
but will be limited to the extent that the identity of confidential
sources will not be compromised; subjects of an investigation of an
actual or potential criminal or civil violation will not be alerted to
the investigation; the physical safety of witnesses, informants and law
enforcement personnel will not be endangered; the privacy of third
parties will not be violated; and that the disclosure would not
otherwise impede effective law enforcement. Whenever possible,
information of the above nature will be deleted from the requested
documents and the balance made available. The controlling principle
behind this limited access is to allow disclosures except those
indicated in this paragraph. The decisions to release information from
these systems will be made on a case-by-case basis.
    (i) NRO-21
    (1) System name: Personnel Security Files.
    (2) Exemptions: (i) Investigatory material compiled for law
enforcement purposes 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 such information
except to the extent that disclosure would reveal the identity of a
confidential source.
    (ii) 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.
    (iii) Therefore, portions of this system of records may be exempt
pursuant to 5 U.S.C. 552a(k)(2) and/or (k)(5) from the following
subsections of 5 U.S.C. 552a(c)(3), (d), (e)(1), (e)(4)(G), (H) and
(I), and (f).
    (3) Authority: 5 U.S.C. 552a(k)(2) and (k)(5).
    (4) Reasons: (i) From subsection (c)(3) because to grant access to
the accounting for each disclosure as required by the Privacy Act,
including the date, nature, and purpose of each disclosure and the
identity of the recipient, could alert the subject to the existence of
the investigation or prosecutable interest by the NRO or other
agencies. This could seriously compromise case preparation by
prematurely revealing its existence and nature; compromise or interfere
with witnesses or make witnesses reluctant to cooperate; and lead to
suppression, alteration, or destruction of evidence.
    (ii) From subsections (d)(1) through (d)(4), and (f) because
providing access to records of a civil or administrative investigation
and the right to contest the contents of those records and force
changes to be made to the information contained therein would seriously
interfere with and thwart the orderly and unbiased conduct of the
investigation and impede case preparation. Providing access rights
normally afforded under the Privacy Act would provide the subject with
valuable information that would allow interference with or compromise
of witnesses or render witnesses reluctant to cooperate; lead to
suppression, alteration, or destruction of evidence; enable individuals
to conceal their wrongdoing or mislead the course of the investigation;
and result in the secreting of or other disposition of assets that
would make them difficult or impossible to reach in order to satisfy
any Government claim growing out of the investigation or proceeding.
    (iii) From subsection (e)(1) because it is not always possible to
detect the relevance or necessity of each piece of information in the
early stages of an investigation. In some cases, it is only after the
information is evaluated in light of other evidence that its relevance
and necessity will be clear.
    (iv) From subsections (e)(4)(G) and (H) because this system of
records is compiled for law enforcement purposes and is exempt from the
access provisions of subsections (d) and (f).
    (v) From subsection (e)(4)(I) because to the extent that this
provision is construed to require more detailed disclosure than the
broad, generic information currently published in the system notice, an
exemption from this provision is necessary to protect the
confidentiality of sources of information and to protect privacy and
physical safety of witnesses and informants. NRO will, nevertheless,
continue to publish such a notice in broad generic terms as is its
current practice.
    (vi) Consistent with the legislative purpose of the Privacy Act of
1974, the NRO will grant access to nonexempt material in the records
being maintained. Disclosure will be governed by NRO's Privacy
Regulation, but will be limited to the extent that the identity of
confidential sources will not be compromised; subjects of an
investigation of an actual or potential criminal violation will not be
alerted to the investigation; the physical safety of witnesses,
informants and law enforcement personnel will not be endangered; the
privacy of third parties will not be violated; and that the disclosure
would not otherwise impede effective law enforcement. Whenever
possible, information of the above nature will be deleted from the
requested documents and the balance made available. The controlling
principle behind this limited access is to allow disclosures except
those indicated above. The decisions to release information from these
systems will be made on a case-by-case basis.
    (j) QNRO-4, Freedom of Information Act and Privacy Act Files.
    (1) Exemption: During the processing of a Freedom of Information
Act/Privacy Act request, exempt materials from other systems of records
may in turn become part of the case record in this system. To the
extent that copies of exempt records from those ``other'' systems of
records are entered into this system, the NRO hereby claims the same
exemptions for the records from those ``other'' systems that are
entered into this system, as claimed for the original primary system of
which they are a part.
    (2) Authority: 5 U.S.C. 552a(j)(2), (k)(1), (k)(2), (k)(3), (k)(4),
(k)(5), (k)(6), and (k)(7).
    (3) Records are only exempt from pertinent provisions of 5 U.S.C.
552a to the extent such provisions have been identified and an
exemption claimed for the original record and the purposes underlying
the exemption for the original record still pertain to the record which
is now contained in this system of records. In general, the exemptions
were claimed in order to protect properly classified information
relating to national defense and foreign policy, to avoid interference
during the conduct of criminal, civil, or administrative actions or
investigations, to ensure protective services provided the President
and others are not compromised, to protect the identity of confidential
sources incident to Federal employment, military service, contract, and
security clearance determinations, and to preserve the confidentiality
and integrity of Federal evaluation materials. The exemption rule for
the original records will identify the specific reasons why the records
are exempt from specific provisions of 5 U.S.C. 552a.

[[Page 1676]]

    Dated: January 4, 2002.
L.M. Bynum,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 02-679 Filed 1-11-02; 8:45 am]
BILLING CODE 5001-08-P

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[Federal Register: January 14, 2002 (Volume 67, Number 9)]
[Notices]               
[Page 1739-1741]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14ja02-36]                         

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DEPARTMENT OF DEFENSE

National Reconnaissance Office

 
Privacy Act of 1974; System of Records

AGENCY: National Reconnaissance Office, DOD.

ACTION: Notice to add a system of records.

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SUMMARY: The National Reconnaissance Office is adding a system of 
records notice to its inventory of record 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 
February 13, 2002 unless comments are received which result in a 
contrary determination.

ADDRESSES: National Reconnaissance Office, 14675 Lee Road Chantilly, VA 

20151-1715.

FOR FURTHER INFORMATION CONTACT: Ms. Barbara Freimann at (703) 808-
5029.

SUPPLEMENTARY INFORMATION: The National Reconnaissance Office systems 
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 address above.

[[Page 1740]]

    The proposed system report, as required by 5 U.S.C. 552a(r) of the 
Privacy Act of 1974, as amended, was submitted on December 28, 2001, to 
the House Committee on 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: January 4, 2002.
L.M. Bynum,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
QNRO-4

System Name:
    Freedom of Information Act and Privacy Act Files.

System Location:
    Management Services and Operations, Information Access and Release 
Center, National Reconnaissance Office, 14675 Lee Road, Chantilly, VA 
20151-1715.

Categories of Individuals Covered by the System:
    The system encompasses all individuals who submit Freedom of 
Information Act (FOIA), Privacy Act, and Mandatory Declassification 
Review Requests and administrative appeals to the National 
Reconnaissance Office; individuals whose requests and/or records have 
been referred to the NRO by other agencies; and in some instances 
includes attorneys representing individuals submitting such requests 
and appeals, individuals who are the subjects of such requests and 
appeals, and/or the NRO personnel assigned to handle such requests and 
appeals.

Categories of Records in the System:
    The system consists of records created or compiled in response to 
FOIA, Privacy Act, and Mandatory Declassification Review requests and 
administrative appeals and includes: The original requests and 
administrative appeals; responses to such requests and administrative 
appeals; all related memoranda, correspondence, notes, and other 
related or supporting documentation; and, in some instances, copies of 
requested records and records under administrative appeal; and 
documents submitted for pre-publication review.

Authority for Maintenance of the System:
    5 U.S.C. 301, Departmental Regulations to implement the provisions 
of 5 U.S.C. 552, The Freedom of Information Act and 5 U.S.C. 552a, as 
amended, The Privacy Act of 1974; National Security Act of 1947, as 
amended, 50 U.S.C. 401 et seq.; E.O. 12333; E.O. 12958; E.O. 12968.

Purpose(s):
    This system is maintained for the purpose of processing access 
requests and administrative appeals under the FOIA, access and 
amendment requests and administrative appeals under the Privacy Act, 
and requests and administrative appeals for Mandatory Declassification 
Review under the applicable executive order(s) governing classified 
national security information; for the purpose of participating in 
litigation regarding agency action on such requests and appeals; and 
for the purpose of assisting the NRO in carrying out any other 
responsibilities under the FOIA, the Privacy Act, and applicable 
executive orders; and to process requests for pre-publication review 
case processing.

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 NRO as a routine use 
pursuant to 5 U.S.C. 552a(b)(3) as follows:
    The DoD `Blanket Routines Uses' published at the beginning of the 
NRO 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 files and automated information system maintained in 
computers and computer output products.

Retrievability:
    Requester's name, request case number and subject keywords.

Safeguards:
    Records are stored in a secure, gated facility, guard, badge, and 
password access protected. Access to and use of these records are 
limited to the Information Access and Release Center staff whose 
official duties require such access. The electronic database files are 
password protected; hardcopy records are stored in a locked file room 
with restricted access.

Retention and Disposal:
    Records are temporary, to be destroyed when two years old or sooner 
if no longer needed for administrative use. Records pertaining to FOIA 
and PA appeals are to be destroyed six years after final determination 
or six years after the time at which a requester could file suit, or 
three years after final adjudication by courts, whichever is later. 
Computer files will be deleted; hardcopy files will be shredded.

System Manager(s) and Address:
    Management Services and Operations, Chief, Information Access and 
Release Center, National Reconnaissance Office, 14675 Lee Road, 
Chantilly, VA 20151-1715.

Notification Procedure:
    Individuals seeking to determine whether this system of records 
contains information about themselves should address written inquiries 
to the National Reconnaissance Office, Information Access and Release 
Center, 14675 Lee Road, Chantilly, VA 20151-1715.
    Request should include the individual's full name and any aliases 
or nicknames, address, Social Security Number, date and place of birth, 
and other information identifiable from the record.
    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)'.
  

Record Access Procedures:
    Individuals seeking to access information about themselves 
contained in this system should address written inquiries to the 
National Reconnaissance Office, Information Access and Release Center, 
14675 Lee Road, Chantilly, VA 20151-1715.
    Request should include the individual's full name, and any aliases 
or nicknames, address, Social Security Number, date and place of birth, 
and other information identifiable from the record.
    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)

[[Page 1741]]

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)'.

Contesting Record Procedures:
    The NRO rules for accessing records, for contesting contents and 
appealing initial agency determinations are published in NRO Directive 
110-3A and NRO Instruction 110-5A; 32 CFR part 326; or may be obtained 
from the Privacy Act Coordinator, National Reconnaissance Office, 14675 
Lee Road, Chantilly, VA 20151-1715.

Record Source Categories:
    Those individuals who submit initial requests and administrative 
appeals pursuant to the FOIA, the Privacy Act, or the applicable 
executive orders governing classified national security information; 
the agency records searched in the process of responding to such 
requests and appeals; NRO staff assigned to handle such requests and 
appeals; other agencies or entities that have referred to the NRO 
requests concerning NRO records, or that have consulted with the NRO 
regarding the handling of particular subjects; and submitters or 
subjects of records or information that have provided assistance to the 
NRO in making access or amendment determination. 
Pre-publication materials submitted by the authors or offices 
sponsoring the information.

Exemptions Claimed for the System:
    During the processing of a 
FOIA/Privacy Act request, exempt materials from other systems of 
records may in turn become part of the case record in this system. To 
the extent that copies of exempt records from those `other' systems of 
records are entered into this system, the National Reconnaissance 
Office hereby claims the same exemptions for the records from those 
`other' systems that are entered into this system, as claimed for the 
original primary system of which they are a part.
    An exemption rule for this exemption 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 326. For additional information 
contact the system manager.
[FR Doc. 02-614 Filed 1-11-02; 8:45 am]
BILLING CODE 5001-08-P

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[Federal Register: January 14, 2002 (Volume 67, Number 9)]
[Notices]               
[Page 1741-1742]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14ja02-37]                         

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DEPARTMENT OF DEFENSE

 
National Reconnaissance Office Privacy Act of 1974; System of 
Records

AGENCY: National Reconnaissance Office, DoD.

ACTION: Notice to add a system of records.

-----------------------------------------------------------------------

SUMMARY: The National Reconnaissance Office is adding a system of 
records notice to its inventory of record 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 
February 13, 2002 unless comments are received which result in a 
contrary determination.

ADDRESSES: National Reconnaissance Office, 14675 Lee Road, Chantilly, 
VA 20151-1715.

FOR FURTHER INFORMATION CONTACT: Ms. Barbara Freimann at (703) 808-
5029.

SUPPLEMENTARY INFORMATION: The National Reconnaissance Office systems 
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 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 December 28, 2001, to 
the House Committee on 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: January 4, 2002.
L.M. Bynum,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
QNRO-21

System name:
    Personnel Security Files.

System location:
    Office of Security, Personnel Security Division, National 
Reconnaissance Office, 14675 Lee Road, Chantilly, VA 20151-1715.

Categories of individuals covered by the system:
    National Reconnaissance Office (NRO) civilian, military and 
contractor personnel who have been nominated or investigated for 
security clearances and program accesses.

Categories of records in the system:
    Name, Social Security Number, agency identification number, 
employee's geographic work location, employer, work telephone number, 
date and place of birth, home address and home telephone number, 
dependents' names, individual's background investigation and polygraph 
data, interview and adjudication information, all other information 
such as that found on standard government forms SF 86 and 1879, appeal 
and referral data, program access status, classification number, 
security file location, and administrative and investigatory comments.

Authority for maintenance of the system:
    National Security Act of 1947, as amended, 50 U.S.C. 401 et seq.; 5 
U.S.C. 301 Departmental Regulations; E.O. 12333; E.O. 12958; E.O. 
12968; and E.O. 9397 (SSN).

Purpose(s):
    The information is used for granting security program accesses to 
NRO personnel; to maintain, support, and track personnel security 
administrative processing; to provide data for 
day-to-day security functions; and to conduct security investigations.

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 NRO as a routine use 
pursuant to 
5 U.S.C. 552a(b)(3) as follows:
    To contractors and other Federal agencies for purposes of 
protecting the security of NRO installations, activities, property, and 
employees; to facilitate and verify an individual's eligibility to 
access classified information; and to protect the interests of National 
Security. Disclosure must be approved in writing by the NRO Director of 
Security or his/her designee.
    The DoD `Blanket Routines Uses' published at the beginning of the 
NRO 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 files and automated information system, maintained in 
computers and computer output products.

Retrievability:
    Name, Social Security Number, agency identification number, 
employer,

[[Page 1742]]

employee's geographic work location, date and place of birth, and 
administrative comments.

Safeguards:
    Records are stored in a secure, gated facility, guard, badge, and 
password access protected. Access to and use of these records are 
limited to security staff whose official duties require such access.

Retention and disposal:
    Records are temporary, retained for 15 years after inactivation; 
noteworthy files are retained for 25 years after inactivation. Audio 
and video tapes of polygraph examinations and interview are temporary 
and are re-used or destroyed when superseded, obsolete, or no longer 
needed.

System manager(s) and address:
    Chief, Personnel Security Division, Office of Security, National 
Reconnaissance Office, 14675 Lee Road, Chantilly, VA 20151-1715.

Notification procedure:
    Individuals seeking to determine whether this system of records 
contains information about themselves should address written inquiries 
to the National Reconnaissance Office, Information Access and Release 
Center, 14675 Lee Road, Chantilly, VA 20151-1715.
    Request should include full name and any aliases or nicknames, 
address, Social Security Number, current citizenship status, and date 
and place of birth, and other information identifiable from the record.
    In addition, the requester must provide a notarized statement or an 
unsworn declaration 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).
  

Record access procedures:
    Individuals seeking to access information about themselves 
contained in this system should address written inquiries to the 
National Reconnaissance Office, Information Access and Release Center, 
14675 Lee Road, Chantilly, VA 20151-1715.
    Request should include full name and any aliases or nicknames, 
address, Social Security Number, current citizenship status, and date 
and place of birth, and other information identifiable from the record.
    In addition, the requester must provide a notarized statement or an 
unsworn declaration 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).

Contesting record procedures:
    The NRO rules for accessing records, for contesting contents and 
appealing initial agency determinations are published in NRO Directive 
110-3A and NRO Instruction 110-5A; 32 CFR part 326; or may be obtained 
from the Privacy Act Coordinator, National Reconnaissance Office, 14675 
Lee Road, Chantilly, VA 20151-1715.

Record source categories:
    Information is supplied by the individual, by persons other than 
the individual, and by documentation gathered in the background 
investigation, and other government agencies.

Exemptions claimed for the system:
    Investigatory material compiled for law enforcement purposes 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 such information except to the extent that 
disclosure would reveal the identity of a confidential source.
    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 exemption 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 326. For additional information 
contact the system manager.
[FR Doc. 02-615 Filed 1-11-02; 8:45 am]
BILLING CODE 5001-08-P

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[Federal Register: January 14, 2002 (Volume 67, Number 9)]
[Notices]               
[Page 1742-1743]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14ja02-38]                         

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DEPARTMENT OF DEFENSE

 
National Reconnaissance Office Privacy Act of 1974; System of 
Records

AGENCY: National Reconnaissance Office, DoD.

ACTION: Notice to add a system of records.

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SUMMARY: The National Reconnaissance Office is adding a system of 
records notice to its inventory of record 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 
February 13, 2002 unless comments are received which result in a 
contrary determination.

ADDRESSES: National Reconnaissance Office, 14675 Lee Road Chantilly, VA 
20151-1715.

FOR FURTHER INFORMATION CONTACT: Ms. Barbara Freimann at (703) 808-
5029.

SUPPLEMENTARY INFORMATION: The National Reconnaissance Office systems 
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 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 December 28, 2001, to 
the House Committee on 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: January 4, 2002.
L.M. Bynum,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
QNRO-19

System Name:
    Customer Security Services Personnel Security Files.

System Location:
    Management Services and Operations, Customer Security Services, 
National Reconnaissance Office, 14675 Lee Road, Chantilly, VA 20151-
1715.

[[Page 1743]]

Categories of Individuals Covered by the System:
    Contractor candidates nominated for security clearances and program 
accesses but do not have an organizational security infrastructure to 
support their applications.

Categories of Records in the System:
    Name, Social Security Number, employer, work telephone number, date 
and place of birth, home address, home telephone number, foreign travel 
and foreign contacts as well as the other categories on the Standard 
Form 86 and the signed non-disclosure agreement.

Authority for Maintenance of the System:
    National Security Act of 1947, as amended, 50 U.S.C. 401 et seq.; 5 
U.S.C. 301, Departmental Regulations; E.O. 12333; and E.O. 9397 (SSN).

Purpose(s):
    Information is used to nominate candidates for security clearances 
and program accesses; to record agreements to protect classified 
information; and to report foreign travel and foreign contacts.

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 corporate sponsors and other Federal agencies for purposes of 
facilitating and verifying an individual's eligibility for access to 
classified information.
    The DoD `Blanket Routines Uses' published at the beginning of the 
NRO 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 files.

Retrievability:
    Individual's name and Social Security Number.

Safeguards:
    Records are stored in a secure, gated facility, guard, badge, and 
password access protected. Access to and use of these records are 
limited to security staff whose official duties require such access.

Retention and Disposal:
    Records are temporary, retained for 15 years after the last action 
in the file. Noteworthy records are temporary, but must be retained for 
25 years after the last action in the file. The 
non-disclosure agreements are temporary records retained for 70 years.

System Manager(s) and Address:
    Chief, Customer Security Services, Management Services and 
Operations, National Reconnaissance Office, 14675 Lee Road, Chantilly, 
VA 20151-1715.

Notification Procedure:
    Individuals seeking to determine whether this system of records 
contains information about themselves should address written inquiries 
to the National Reconnaissance Office, Information Access and Release 
Center, 14675 Lee Road, Chantilly, VA 20151-1715.
    Request should include the individual's full name and any aliases 
or nicknames, address, Social Security Number, current citizenship 
status, date and place of birth, and other information identifiable 
from the record.
    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.

Record access procedures:
    Individuals seeking to access information about themselves 
contained in this system should address written inquiries to the 
National Reconnaissance Office, Information Access and Release Center, 
14675 Lee Road, Chantilly, VA 20151-1715.
    Request should include the individual's full name and any aliases 
or nicknames, address, Social Security Number, current citizenship 
status, date and place of birth, and other information identifiable 
from the record.
    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).

Contesting record procedures:
    The NRO rules for accessing records, for contesting contents and 
appealing initial agency determinations are published in NRO Directive 
110-3A and NRO Instruction 110-5A; 32 CFR part 326; or may be obtained 
from the Privacy Act Coordinator, National Reconnaissance Office, 14675 
Lee Road, Chantilly, VA 20151-1715.

Record source categories:
    Information is supplied by the individual, by persons other than 
the individual, and by other security documentation.

Exemptions claimed for the system:
    Investigatory material compiled for law enforcement purposes 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 such information except to the extent that 
disclosure would reveal the identity of a confidential source.
    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 exemption 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 326. For additional information 
contact the system manager.
[FR Doc. 02-673 Filed 1-11-02; 8:45 am]
BILLING CODE 5001-08-P

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