SYSTEM OF RECORDS NOTICES (SORNs)

DoD COMPONENT NOTICES

Office of the Secretary, DoD/Joint Staff

SYSTEM NAME:

Political Appointment Vetting Files (March 16, 1995, 60 FR 13936).

SYSTEM LOCATION:

Office of Legal Counsel, Department of Defense General Counsel, 1600 Defense Pentagon, Washington, DC 20301-1600.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:

Individuals who are possible appointments to political positions in DoD, consisting of non-career Senior Executive Service (SES) (Schedule 'C').

CATEGORIES OF RECORDS IN THE SYSTEM:

Files consist of referral letters, White House clearance letters, information about individual's professional licenses (if applicable), IRS results of inquiries, notation of National Agency Check (NAC) results (favorable or otherwise), internal memoranda concerning a candidate, Financial Disclosure Statements (Standard Form 278), results of inquiries about the individual, Personal Data Questionnaires and General Counsel Interview sheets, published works including books, newspaper, magazine articles and treatises by the applicant, newspaper and magazine articles written about the applicant, and other correspondence relating to the selection and appointment of political appointees.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

10 U.S.C 133 and E.O. 9397 (SSN).

PURPOSE(S):

To evaluate suitability of individuals seeking or who have been recommended for non-career positions within DoD. Files are used by authorized personnel within the Office of the Secretary of Defense to resolve issues involving a potential candidate's suitability for appointment, e.g. conflicts of interest, financial mismanagement, moral turpitude, etc.

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 Federal, state, local, or foreign law enforcement authorities if the record indicates, on its face or in conjunction with other records, a violation of law; to the Department of Justice in pending or potential litigation to which the record is pertinent; to the General Services Administration and National Archives and Records Administration for records management purposes; to U. S. Government and foreign counterintelligence activities as authorized by federal law or executive order.

The `Blanket Routine Uses' set forth at the beginning of OSD's compilation of systems of records notices do not apply to this system.

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM:

STORAGE:

Correspondence and forms in file folders.

RETRIEVABILITY:

Information accessed by last name of individual and Social Security Number.

Safeguards:

Building employs security guards. Data is kept in locked safes and is accessible to authorized personnel only.

RETENTION AND DISPOSAL:

Destroy at the end of the Presidential administration during which the individual is hired. For nonselectees, records of individuals who are not hired are destroyed one year after the file is closed, but not later than the end of the Presidential administration during which the individual is considered.

System Manager(s) and Address:

Office of Legal Counsel, Department of Defense General Counsel, 1600 Defense Pentagon, Washington, DC 20301-1600.

Notification Procedure:

Individuals seeking to determine whether information about themselves in contained in this system should address written inquiries to Office of Legal Counsel, Department of Defense General Counsel, 1600 Defense Pentagon, Washington, DC 20301-1600.

Requests for information should contain individual's full name, any former names used, and Social Security Number.

Record Access Procedures:

Individuals seeking access to information about themselves contained in this system should address written inquiries to Directorate for Freedom of Information and Security Review, Office of the Assistant Secretary of Defense (Public Affairs), 1400 Defense Pentagon, Room 2C757, Washington, DC 20301-1400.

The request must include the individual's full name, any former names used, and Social Security Number.

Contesting Record Procedures:

The OSD's rules for accessing records, for contesting contents and appealing initial agency determinations are contained in OSD Administrative Instruction No. 81; 32 CFR part 311; or may be obtained from the system manager.

Record Source Categories:

Submitted by individuals themselves and compiled from interviews with those individuals seeking non-career positions. Additional sources may include The White House, Office of Personnel Management, Internal Revenue Service, Defense Investigative Service, and international, state, and local jurisdiction law enforcement components for clearance documents, and other correspondence and public record sources.

Exemptions Claimed for the System:

Portions of this system of records may be exempt from certain provisions of 5 U.S.C. 552a(k)(5).

An exemption rule for this record system has been promulgated in accordance with the 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.