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

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[Federal Register: January 3, 2002 (Volume 2, Number 67)]
[Notices]
[Page 309-311]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03ja02-24]

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DEPARTMENT OF DEFENSE


National Security Agency/Central Security Service; 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 notice in 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 February 4, 2002 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 December 19, 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: December 21, 2001.
Patricia L. Toppings,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
GNSA 18

System name:
    NSA/CSS Operations Files (February 22, 1993, 58 FR 10531).

Changes:
* * * * *

System name:
    Delete `NSA/CSS' from entry.

Categories of individuals covered by the system:
    Delete entry and replace with `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:
    Add to entry `information systems security analysis and reporting.'

Authority for maintenance of the system:
    Add to entry `National Security Directive 42.'

Purpose(s):
    Add to entry `and information systems security.'

Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
    Add to second paragraph `information systems security information.'
* * * * *

Retrievability:
    Delete entry and replace with `Information is retrieved by
individual's name, Social Security Number, or identification number.'
* * * * *

Exemptions claimed for the system:
    Delete the first paragraph and replace with `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

[[Page 310]]

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 complied 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.'
* * * * *
GNSA 18

System name:
    Operations Files.

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 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 Act of 1947,
as amended, 50 U.S.C. 403-3(d)(2); National Security Agency Act of
1959, Pub. L. 86-36, as amended, 50 U.S.C. 402 Note; E.O. 12333; E.O.
12958; E.O. 9397 (SSN); and National Security Directive 42.

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, 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 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 intelligence sources and methods to facilitate such
protection and to support intelligence analysis and reporting.
    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:
    Magnetic tape, disk or other computer storage media, computer
listings and databases, paper in file folders, audio recordings,
microfilm or microfiche.

Retrievability:
    Information is retrieved by individual's name, Social Security
Number, or identification number.

Safeguards:
    For paper, computer printouts, audio recordings, and microfilm
secure limited access facilities, within those facilities secure
limited access rooms, and within those rooms lockable containers.
Access to information is limited to those individuals specifically
authorized and granted access by NSA/CSS regulations. For records on
the computer system, access is controlled by passwords or physical
protection and limited to authorized personnel only.

Retention and disposal:
    Records are reviewed for retention on a scheduled basis every 120
days to 5 years. Evidential, informational, and historical data are
archived as permanent records. All other records are destroyed.

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 Chief, Office of Policy, National Security Agency/Central
Security Service, Ft. George G. Meade, MD 20755-6000.

Record access procedures:
    Individuals seeking access to information about themselves
contained in this system should address written inquiries to the Chief,
Office of Policy, National Security Agency/Central Security Service,
Ft. George G. Meade, MD 20755-6000.

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 Chief, Office of Policy, National
Security Agency/Central Security Service, Ft. George G. Meade, MD
20755-6000.

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 entitled, as
a result of the maintenance

[[Page 311]]

of the information, the individual will be provided access to the
information exempt to the extent that disclosure would reveal the
identify 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. 02-31 Filed 1-2-02; 8:45 am]
BILLING CODE 5001-08-M