Notice2022-18986
Privacy Act of 1974; System of Records
Primary source
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Published
September 2, 2022
Issuing agencies
Defense Department
Abstract
In accordance with the Privacy Act of 1974, the Department of Defense (DoD) is establishing a new Department-wide system of records titled, "DoD Historical Records," DoD-0014. This system of records covers DoD's maintenance of records about individuals in the Department of Defense (DoD) historical system, the purpose of which is to collect, preserve, and present the history of the components within the DoD to support agency leadership and to inform the American public. Additionally, DoD is issuing a Direct Final Rule, which exempts this system of records from certain provisions of the Privacy Act, elsewhere in today's issue of the Federal Register.
Full Text
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<title>Federal Register, Volume 87 Issue 170 (Friday, September 2, 2022)</title>
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[Federal Register Volume 87, Number 170 (Friday, September 2, 2022)]
[Notices]
[Pages 54204-54207]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-18986]
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DEPARTMENT OF DEFENSE
Office of the Secretary
[Docket ID: DoD-2022-OS-0095]
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 Department of
Defense (DoD) is establishing a new Department-wide system of records
titled, ``DoD Historical Records,'' DoD-0014. This system of records
covers DoD's maintenance of records about individuals in the Department
of Defense (DoD) historical system, the purpose of which is to collect,
preserve, and present the history of the components within the DoD to
support agency leadership and to inform the American public.
Additionally, DoD is issuing a Direct Final Rule, which exempts this
system of records from certain provisions of the Privacy Act, elsewhere
in today's issue of the Federal Register.
DATES: This system of records is effective upon publication; however,
comments on the Routine Uses will be accepted on or before October 3,
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
[[Page 54205]]
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, Defense 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#400f13046e0410030c1404002d21292c6e2d292c"><span class="__cf_email__" data-cfemail="5c130f1872180c1f1008181c313d353072313530">[email protected]</span></a>; (703) 571-0070.
SUPPLEMENTARY INFORMATION:
I. Background
DoD is establishing the ``DoD Historical Records,'' DoD-0014 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 personnel and the public, and create
efficiencies in the operation of the DoD privacy program.
The mission of the DoD History Program is to collect, preserve, and
present the history of the Department of Defense, in order to support
Agency leadership and inform the American public. To further this
mission, the Department is authorized to gather individuals'
information to prepare and publish historical reports, provide
historically relevant information on advisory panels and commissions,
organize historical presentations and prepare historical studies. The
DoD Historical Records SORN contains information on DoD civilian
employees, uniformed service members, contractors, and other DoD-
affiliated individuals. The system of records contains data derived
from government records (Federal, state, and local), information
collected directly from individuals, international government and non-
government organizations, and publicly available information.
Additionally, DoD is issuing a Direct Final Rule to exempt this
system of records from certain provisions of the Privacy Act elsewhere
in today's issue of the Federal Register. 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: August 29, 2022.
Aaron T. Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
SYSTEM NAME AND NUMBER:
DoD Historical Records, DoD-0014.
SECURITY CLASSIFICATION:
Classified and Unclassified.
SYSTEM LOCATION:
Department of Defense (Department or DoD), located at 1000 Defense
Pentagon, Washington, DC 20301-1000, 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 the Chief Historians assigned to components
and commands throughout the Department. Their addresses will vary
according to the location where the actions described in this notice
are conducted. The Privacy Act responsibilities concerning access,
amendment, and disclosure of the records within this system of records
have been delegated to the DoD components. DoD components include the
Military Departments of the Army, Air Force (including the U.S. Space
Force), and Navy (including the U.S. Marine Corps), field operating
agencies, major commands, field commands, installations, and
activities. To contact the system manager at the DoD component with
oversight of the records, go to <a href="http://www.FOIA.gov">www.FOIA.gov</a> to locate the contact
information for each component's Freedom of Information Act (FOIA)
office.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
10 U.S.C. 113, Secretary of Defense; 44 U.S.C. 2107--Acceptance of
Records for Historical Preservation; 44 U.S.C. 3101, Records Management
by Federal Agencies; E.O. 12333, United States Intelligence Activities,
as amended; and E.O. 12958, Classified National Security Information;
and E.O. 9397, as amended.
PURPOSE(S) OF THE SYSTEM:
The purpose of the DoD historical system is to collect, preserve,
and present the history of the Agency and its components to inform the
American public and archive historical information. DoD accomplishes
this overall purpose by conducting the following activities:
A. Researching, writing, and publishing special historical studies,
government reports, and book series.
B. Educating and training DoD personnel on historical information.
C. Accounting for and providing accurate information to inform DoD
leaders and other government agency leaders and personnel on matters
related to history.
D. Providing historical information to advisory panels and
commissions.
E. Managing the DoD History Speaker Series in collaboration with
Military Service and Joint Staff history programs.
F. Assisting in the production of public statements on behalf of
DoD officials.
G. Supporting DoD libraries and museums with planning and/or
undertaking historical, archival, curatorial, art, and archaeological
programs and projects.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Individuals who participate in or are associated with historically
relevant events. Individuals may include (but are not limited to) the
following:
A. Current and former members of the uniformed services, including
those in the National Guard or Reserve.
[[Page 54206]]
B. Current and former DoD civilian employees, contractors; or
individuals (and their surviving beneficiaries) accorded benefits,
rights, privileges, or immunities associated with DoD as provided by
U.S. law.
C. Dependents and family members of uniformed services members.
D. Members of the public.
E. DoD ``affiliated'' individuals (e.g., non-appropriated fund
employees working on DoD installations, Red Cross volunteers assisting
at military hospitals, United Services Organization (USO) staff
providing services on DoD installations, Congressional staff members
visiting DoD installations, etc.).
CATEGORIES OF RECORDS IN THE SYSTEM:
A. Personal and biographical information including: name, date of
birth; place of birth; immigration history, including date of
naturalization; hometown; phone numbers, email addresses, physical
addresses; biographic information; information conveyed as physical
images (photos/video), voice recordings (audio), and handwritten
information.
B. Professional information, including: work history and
professional experience (job titles, positions held, notable
accomplishments); education; military experience, if applicable; civic
duties; decorations; awards; employment identification, DoD ID Number,
or badge number.
RECORD SOURCE CATEGORIES:
Records and information stored in this system of records are
obtained from:
A. Individuals.
B. Publicly available information including (but not limited to)
newspapers, books, periodicals, magazines, television or movies, social
media, industry or commercial databases, or other materials.
C. Government sources (Federal, state, local, tribal, foreign, and
international).
D. Non-governmental organizations.
E. Classified or controlled unclassified sources including (but not
limited to) intelligence products, law enforcement, security sources,
and correspondence.
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, 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 that 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 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
determines 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 that 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 other review as
authorized by the Inspector General Act.
J. To such recipients and under such circumstances and procedures
as are mandated by Federal statute or treaty.
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 name, DoD ID number, or other personal
identifier.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
Records are to be retained by the Office of the Secretary of
Defense, the Joint Staff, the Military Departments, the Defense
Agencies, and the Defense Field Activities in accordance with their
NARA-approved records retention schedules.
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
[[Page 54207]]
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 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:
The DoD has exempted records maintained in this system from 5
U.S.C. 552a(c)(3); (d)(1)-(4); (e)(1), (e)(4)(G), (H), and (I); and (f)
of the Privacy Act, pursuant to 5 U.S.C. 552a(k)(1). In addition, when
exempt records received from other systems of records become part of
this system, the DoD also claims the same exemptions for those records
that are claimed for the system(s) of records from which they
originated and claims any additional exemptions set forth here. An
exemption rule for this system has been promulgated in accordance with
the requirements of 5 U.S.C. 553(b)(1), (2), and (3), and (c), and
published in 32 CFR part 310.
HISTORY:
None.
[FR Doc. 2022-18986 Filed 9-1-22; 8:45 am]
BILLING CODE 5001-06-P
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