Notice2022-10174
Privacy Act of 1974; System of Records
Primary source
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Published
May 12, 2022
Issuing agencies
Defense Department
Abstract
In accordance with the Privacy Act of 1974, the DoD is establishing a new Department-wide system of records titled, "Defense Advisory Committees," DoD-0011. This system of records covers DoD's maintenance of records about proposed, appointed, and prior members of the DoD's Federal Advisory Committees, to include subcommittees, which are or not subject to the Federal Advisory Committee Act (FACA). Individuals may be appointed to serve on an advisory committee as a regular government employee, as a special government employee, or as a representative member when directed by statute. These records include information on individuals who applied to be on a committee/ subcommittee, were considered for, are currently serving on, and/or had previously served on a committee/subcommittee.
Full Text
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<title>Federal Register, Volume 87 Issue 92 (Thursday, May 12, 2022)</title>
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[Federal Register Volume 87, Number 92 (Thursday, May 12, 2022)]
[Notices]
[Pages 29137-29140]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-10174]
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DEPARTMENT OF DEFENSE
Office of the Secretary
[Docket ID DoD-2022-OS-0051]
Privacy Act of 1974; System of Records
AGENCY: Department of Defense (DoD).
ACTION: Notice of a new system of records.
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SUMMARY: In accordance with the Privacy Act of 1974, the DoD is
establishing a new Department-wide system of records titled, ``Defense
Advisory Committees,'' DoD-0011. This system of records covers DoD's
maintenance of records about proposed, appointed, and prior members of
the DoD's Federal Advisory Committees, to include subcommittees, which
are or not subject to the Federal Advisory Committee Act (FACA).
Individuals may be appointed to serve on an advisory committee as a
regular government employee, as a special government employee, or as a
representative member when directed by statute. These records include
information on individuals who applied to be on a committee/
subcommittee, were considered for, are currently serving on, and/or had
previously served on a committee/subcommittee.
DATES: This system of records is effective upon publication; however,
comments on the Routine Uses will be accepted on or before June 13,
2022. The Routine Uses are effective at the close of the comment
period.
ADDRESSES: You may submit comments, identified by docket number and
title, by any of the following methods:
* Federal Rulemaking Portal: <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Follow
the instructions for submitting comments.
* Mail: Department of Defense, Office of the Assistant to the
Secretary of Defense for Privacy, Civil Liberties, and Transparency,
Regulatory Directorate, 4800 Mark Center Drive, Attn: Mailbox 24, Suite
08D09, Alexandria, VA 22350-1700.
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 <a href="https://www.regulations.gov">https://www.regulations.gov</a> as they are received without change,
including any personal identifiers or contact information.
FOR FURTHER INFORMATION CONTACT: Ms. Rahwa Keleta, Privacy and Civil
Liberties Division, Directorate for Privacy, Civil Liberties and
Freedom of Information, Office of the Assistant to the Secretary of
Defense for Privacy, Civil Liberties, and Transparency, Department of
Defense, 4800 Mark Center Drive, Mailbox #24, Suite 08D09, Alexandria,
VA 22350-1700; <a href="/cdn-cgi/l/email-protection#d7988493f99387949b839397bab6bebbf9babebb"><span class="__cf_email__" data-cfemail="f1bea2b5dfb5a1b2bda5b5b19c90989ddf9c989d">[email protected]</span></a>; (703) 571-0070.
SUPPLEMENTARY INFORMATION:
I. Background
DoD is establishing the Defense Advisory Committees, DoD-0011, as a
DoD-wide Privacy Act system of records. A DoD-wide system of records
notice (SORN) supports multiple DoD paper or electronic recordkeeping
systems operated by more than one DoD component that maintain the same
kind of information about individuals for the same purpose.
Establishment of DoD-wide SORNs helps DoD standardize the rules
governing the collection, maintenance, use, and sharing of personal
information in key areas across the enterprise. DoD-wide SORNs also
reduce duplicative and overlapping SORNs published by separate DoD
components. The creation of DoD-wide SORNs is expected to make locating
relevant SORNs easier for DoD
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personnel and the public, and create efficiencies in the operation of
the DoD privacy program.
The FACA is a Federal law that governs the establishment,
operation, and termination of advisory committees. The FACA ensures the
public's knowledge of and an opportunity to participate in meetings
between Federal agencies and groups the agency either established or
manages and controls for the purpose of obtaining group advice and
recommendations regarding the agency's operations or activities. The
FACA requires the charter of such groups, meetings announced in advance
and open to the public, and the availability of work products to the
public.
This system of records will support relevant and appropriate
offices and personnel, to include the DoD Advisory Committee Management
Officer/who collects and preserves the required personally identifiable
information necessary for proposed, appointed, and prior DoD advisory
committee/subcommittee members. The system of records will consist of
both electronic and paper records and will be used DoD-wide, for
approved personnel, to maintain records of Federal government employees
and other persons who participate in DoD-sponsored Federal advisory
committees/subcommittees. The collection and maintenance of this
information will enable DoD to maintain a list of members of its
various Federal advisory committees/subcommittees subject to the FACA.
This system of records will provide DoD with information on committee/
subcommittee membership balance, qualifications, functions, and
required reporting. This information is especially pertinent to
selection of who will serve as an advisory committee/subcommittee
member.
DoD SORNs have been published in the Federal Register and are
available from the address in FOR FURTHER INFORMATION CONTACT or at the
Defense Privacy, Civil Liberties, and Freedom of Information
Directorate website at <a href="https://dpcld.defense.gov">https://dpcld.defense.gov</a>.
II. Privacy Act
Under the Privacy Act, a ``system of records'' is a group of
records under the control of an agency from which information is
retrieved by the name of an individual or by some identifying number,
symbol, or other identifying particular assigned to the individual. In
the Privacy Act, an individual is defined as a U.S. citizen or lawful
permanent resident.
In accordance with 5 U.S.C. 552a(r) and Office of Management and
Budget (OMB) Circular No. A-108, DoD has provided a report of this
system of records to the OMB and to Congress.
Dated: May 6, 2022.
Aaron T. Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
SYSTEM NAME AND NUMBER:
Defense Advisory Committees, DoD-0011.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Department of Defense (Department or DoD), located at Defense
Pentagon, Washington, DC 20301-1950, and other Department
installations, offices, or mission locations. Information may also be
stored within a government-certified cloud, implemented and overseen by
the Department's Chief Information Officer (CIO), 6000 Defense
Pentagon, Washington, DC 20301-6000.
SYSTEM MANAGER(S):
The system managers are as follows:
A. Advisory Committee Management Officer, Office of the Director of
Administration and Management, 1950 Defense Pentagon, Washington, DC
20301-1950.
B. The Designated Federal Officer (DFO), serves as the system
manager for individual DoD federal advisory committees. The contact
information for the current DFO for each DoD committee can be found on
<a href="https://www.facadatabase.gov/">https://www.facadatabase.gov/</a>.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
10 U.S.C. 113, Secretary of Defense; 5 U.S.C., Appendix, as
amended, Federal Advisory Committee Act (FACA); 14 U.S.C. 632,
Functions and powers vested in the Commandant; 19 U.S.C. 2071 note,
Establishment of Service; Commissioner; Appointment; 41 CFR 102.3.5
through 102.3.185, Federal Advisory Committee Management; DoD
Instruction 5105.04, Department of Defense Federal Advisory Committee
Management Program; and E.O. 9397, Numbering System For Federal
Accounts Relating To Individual Persons as amended;.
PURPOSE(S) OF THE SYSTEM:
A. To collect and maintain information on DoD past, present, and
proposed advisory committee/subcommittee members subject to the FACA.
B. To identify the most qualified applicant and ensure a balanced
advisory committee/subcommittee.
C. To support studies, findings, and recommendations to the
Secretary of Defense and the Deputy Secretary of Defense, through the
advisory committee's sponsor, as identified in the committee's Charter.
D. To conduct required oversight and compliance over DoD advisory
committee/subcommittee appointments and actions.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Any individual who:
A. Applied to be on a committee/subcommittee and was considered for
a committee/subcommittee appointment.
B. Currently serves on a committee/subcommittee.
C. Previously served on a committee/subcommittee.
Note: Individuals may be appointed to serve on an advisory
committee pursuant to 41 CFR 102-3.130(a) as a regular government
employee, pursuant to 5 U.S.C. 3109 as a special government employee,
or as a representative member when directed by statute.
CATEGORIES OF RECORDS IN THE SYSTEM:
The following categories of records may be collected:
A. Personal information to include: Name; DoD ID numbers; place and
date of birth; gender; ethnicity; biographical information; addresses;
email address; telephone number(s); marital status; military service;
education/degrees/certifications; and registration in professional
societies.
B. Employment information to include: Employer; title; work
experience; professional awards; performance records; publications
authored; DoD advisory committee/subcommittee membership and other
board and committee memberships such as contractors or private
organizations.
C. Any other information collected to determine if an individual is
qualified to serve on a committee/subcommittee.
RECORD SOURCE CATEGORIES:
Records and information stored in this system of records are
obtained from the individuals listed in Categories of Individuals,
above.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND 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, all or a portion of the
records or information contained herein may specifically be disclosed
outside the DoD as a routine use pursuant to 5 U.S.C. 552a(b)(3) as
follows:
A. To contractors, grantees, experts, consultants, students, and
others performing or working on a contract,
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service, grant, cooperative agreement, or other assignment for the
Federal Government when necessary to accomplish an agency function
related to this system of records.
B. To the appropriate Federal, State, local, territorial, tribal,
foreign, or international law enforcement authority or other
appropriate entity where a record, either alone or in conjunction with
other information, indicates a violation or potential violation of law,
whether criminal, civil, or regulatory in nature.
C. To any component of the Department of Justice for the purpose of
representing the DoD, or its components, officers, employees, or
members in pending or potential litigation to which the record is
pertinent.
D. In an appropriate proceeding before a court, grand jury, or
administrative or adjudicative body or official, when the DoD or other
Agency representing the DoD determines the records are relevant and
necessary to the proceeding; or in an appropriate proceeding before an
administrative or adjudicative body when the adjudicator determines the
records to be relevant to the proceeding.
E. To the National Archives and Records Administration (NARA) for
the purpose of records management inspections conducted under the
authority of 44 U.S.C. 2904 and 2906.
F. To a Member of Congress or staff acting upon the Member's behalf
when the Member or staff requests the information on behalf of, and at
the request of, the individual who is the subject of the record.
G. To appropriate agencies, entities, and persons when (1) the DoD
suspects or confirms a breach of the system of records; (2) the DoD
determined as a result of the suspected or confirmed breach there is a
risk of harm to individuals, the DoD (including its information
systems, programs, and operations), the Federal government, or national
security; and (3) the disclosure made to such agencies, entities, and
persons is reasonably necessary to assist in connection with the DoD's
efforts to respond to the suspected or confirmed breach or to prevent,
minimize, or remedy such harm.
H. To another Federal agency or Federal entity, when the DoD
determines information from this system of records is reasonably
necessary to assist the recipient agency or entity in (1) responding to
a suspected or confirmed breach or (2) preventing, minimizing, or
remedying the risk of harm to individuals, the recipient agency or
entity (including its information systems, programs and operations),
the Federal government, or national security, resulting from a
suspected or confirmed breach.
I. To another Federal, State or local agency for the purpose of
comparing to the agency's system of records or to non-Federal records,
in coordination with an Office of Inspector General in conducting an
audit, investigation, inspection, evaluation, or some other review as
authorized by the Inspector General Act.
J. To such recipients and under such circumstances and procedures
as are mandated by Federal statue or treaty.
K. To the General Services Administration for the purpose of
keeping Congress and the public informed about the existence,
membership, and activities of advisory committees as authorized by the
Federal Advisory Committee Act.
L. To the Executive Office of the President, the Office of
Management and Budget, or other agencies for coordination on advisory
committee member selection.
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
Records may be stored electronically or on paper in secure
facilities in a locked drawer behind a locked door. Electronic records
may be stored locally on digital media; in agency-owned cloud
environments; or in vendor Cloud Service Offerings certified under the
Federal Risk and Authorization Management Program (FedRAMP).
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Records may be retrieved by individual's name or other personal
identifier.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
The records of DoD Committees/Subcommittees are managed in
accordance with General Record Schedule 6.2, Federal Advisory Committee
Records, or other approved agency records disposition schedule.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
DoD safeguards records in this system of records according to
applicable rules, policies, and procedures, including all applicable
DoD automated systems security and access policies. DoD policies
require the use of controls to minimize the risk of compromise of
personally identifiable information (PII) in paper and electronic form
and to enforce access by those with a need to know and with appropriate
clearances. Additionally, DoD has established security audit and
accountability policies and procedures which support the safeguarding
of PII and detection of potential PII incidents. DoD routinely employs
safeguards such as the following to information systems and paper
recordkeeping systems: Multifactor log-in authentication including
Common Access Card (CAC) authentication and password; physical token as
required; physical and technological access controls governing access
to data; network encryption to protect data transmitted over the
network; disk encryption securing disks storing data; key management
services to safeguard encryption keys; masking of sensitive data as
practicable; mandatory information assurance and privacy training for
individuals who will have access; identification, marking, and
safeguarding of PII; physical access safeguards including multifactor
identification physical access controls, detection and electronic alert
systems for access to servers and other network infrastructure; and
electronic intrusion detection systems in DoD facilities.
RECORD ACCESS PROCEDURES:
Individuals seeking access to their records should follow the
procedures in 32 CFR part 310. Individuals should address written
inquiries to the DoD component with oversight of the records, as the
component has Privacy Act responsibilities concerning access,
amendment, and disclosure of the records within this system of records.
The public may identify the contact information for the appropriate DoD
office through the following website: <a href="http://www.FOIA.gov">www.FOIA.gov</a>. Signed written
requests should contain the name and number of this system of records
notice along with the full name, current address, and email address of
the individual. In addition, the requester must provide either a
notarized statement or an unsworn declaration made in accordance with
28 U.S.C. 1746, in the appropriate format:
If executed outside 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:
Individuals seeking to amend or correct the content of records
about
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them should follow the procedures in 32 CFR part 310.
NOTIFICATION PROCEDURES:
Individuals seeking to determine whether information about
themselves is contained in this system of records should follow the
instructions for Record Access Procedures above.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
None.
[FR Doc. 2022-10174 Filed 5-11-22; 8:45 am]
BILLING CODE 5001-06-P
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