Privacy Act of 1974; System of Records, 42262-42266 [2018-17955]

Agencies

• DEPARTMENT OF DEFENSE
• Office of the Secretary

[Federal Register Volume 83, Number 162 (Tuesday, August 21, 2018)]
[Notices]
[Pages 42262-42266]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-17955]


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

DEPARTMENT OF DEFENSE

Office of the Secretary

[Docket ID: DOD-2018-OS-0056]


Privacy Act of 1974; System of Records

AGENCY: Office of the Secretary of Defense, DoD.

ACTION: Notice of a modified system of records.

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

SUMMARY: The Office of the Secretary of Defense (OSD) proposes to 
modify a system of records titled, ``Synchronized Predeployment and 
Operational Tracker Enterprise Suite (SPOT-ES) Records, DMDC 18 DoD.'' 
SPOT-ES is used at installations to manage, track, account for, monitor 
and report on contracts, companies, and contractor employees supporting 
contingency operations, humanitarian assistance operations, peace 
operations, disaster relief operations, military exercises, events, and 
other activities that require contractor support. This modification 
enables DoD to comply with an existing treaty which requires tracking 
of contractor employees' collocated dependents. The modification also 
reflects changes to the the following sections: System manager, 
authorities, purpose, categories of individuals, categories of records, 
routine uses, safeguards, record access procedures, notification 
procedures, and exemptions.

DATES: Comments will be accepted on or before September 20, 2018. This 
proposed action will be effective the

[[Page 42263]]

date following the end of the comment period unless comments are 
received which result in a contrary determination.

ADDRESSES: You may submit comments, identified by docket number and 
title, by any of the following methods:
    * Federal Rulemaking Portal: https://www.regulations.gov. Follow the 
instructions for submitting comments.
    * Mail: Department of Defense, Office of the Chief Management 
Officer, Directorate for Oversight and Compliance, 4800 Mark Center 
Drive, 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 https://www.regulations.gov as they are received without change, 
including any personal identifiers or contact information.

FOR FURTHER INFORMATION CONTACT: Ms. Luz D. Ortiz, Chief, Records, 
Privacy and Declassification Division (RPDD), 1155 Defense Pentagon, 
Washington, DC 20311-1155, or by phone at (571) 372-0478.

SUPPLEMENTARY INFORMATION: The OSD proposes to modify a system of 
records subject to the Privacy Act of 1974, 5 U.S.C. 552a. The DoD uses 
the system of records at installations to manage, track, account for, 
monitor and report on contracts, companies, and contractor employees 
supporting contingency operations, humanitarian assistance operations, 
peace operations, disaster relief operations, military exercises, 
events, and other activities that require contractor support. As a part 
of maintaining DoD installations in other nations, the Department must 
comply with existing treaties between the United States and host 
nations. This modification ensures DoD complies with an existing treaty 
between the U.S. and Japan by collecting additional information on the 
co-located dependents of contractor employees. This modification 
updates the following sections: Category of individuals, category of 
records, the authority for the maintenance, and the purpose and also 
reflects the reformatting of the notice to ensure compliance with 
Office of Management and Budget Circular Number A-108, ``Federal Agency 
Responsibilities for Review, Reporting, and Publication under the 
Privacy Act.''
    The OSD notices for systems of records subject to the Privacy Act 
of 1974, as amended, 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 Transparency Division website 
at https://dpcld.defense.gov/.
    The proposed systems reports, as required by of the Privacy Act, as 
amended, were submitted on August 3, 2018, to the House Committee on 
Oversight and Government Reform, the Senate Committee on Homeland 
Security and Governmental Affairs, and the Office of Management and 
Budget (OMB) pursuant to Section 6 to OMB Circular No. A-108, ``Federal 
Agency Responsibilities for Review, Reporting, and Publication under 
the Privacy Act,'' revised December 23, 2016 (December 23, 2016, 81 FR 
94424).

    Dated: August 15, 2018.
Aaron T. Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
SYSTEM NAME AND NUMBER:
    Synchronized Predeployment and Operational Tracker Enterprise Suite 
(SPOT-ES) Records, DMDC 18 DoD.

SECURITY CLASSIFICATION:
    Unclassified and Classified. This system is comprised of two 
databases: An unclassified database that serves as the primary 
repository of contract and contractor personnel records and a 
classified database containing only classified records [related to a 
specific category of individuals].

SYSTEM LOCATION:
    Defense Manpower Data Center, DoD Center Monterey Bay, 400 Gigling 
Road, Seaside, CA 93955-6784.
    Stand-alone Joint Asset Movement Management System (JAMMS) machines 
are deployed as needed to locations within and outside the United 
States. A list of current JAMMS locations are available upon written 
request to the system manager.

SYSTEM MANAGER(S):
    Director, Defense Manpower Data Center, 4800 Mark Center Drive, 
Alexandria, VA 22350-6000. Email: [email protected].

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    10 U.S.C. 113, Secretary of Defense; 10 U.S.C. 133, Under Secretary 
of Defense for Acquisition, Technology, and Logistics; 10 U.S.C. 2302 
note, Contractors Performing Private Security Functions in Areas of 
Combat Operations or Other Significant Military Operations; Treaty of 
Mutual Cooperation and Security Between the United States of America 
and Japan, January 19, 1960; Department of Defense (DoD) Directive 
(DoDD) 1404.10, DoD Civilian Expeditionary Workforce; DoDD 3020.49, 
Orchestrating, Synchronizing, and Integrating Program Management of 
Contingency Acquisition Planning and Its Operational Execution; DoD 
Instruction (DoDI) 1000.25, DoD Personnel Identity Protection (PIP) 
Program; DoDI 3020.41, Operational Contract Support (OCS); DoDI 
3020.50, Private Security Contractors (PSCs) Operating in Contingency 
Operations, Humanitarian or Peace Operations, or Other Military 
Operations or Exercises; DoDI 6490.03, Deployment Health; and E.O. 9397 
(SSN), as amended.

PURPOSE(S) OF THE SYSTEM:
    The Synchronized Predeployment and Operational Tracker Enterprise 
Suite (SPOT-ES) allows federal agencies and Combatant Commanders to 
plan, manage, track, account for, monitor and report on contracts, 
companies, and contractor employees supporting contingency operations, 
humanitarian assistance operations, peace operations, disaster relief 
operations, military exercises, events, and other activities that 
require contractor support within and outside the United States. 
Authorized dependents may also be accounted for in designated locations 
as part of the sponsor's record. SPOT is a web-based system in the 
SPOT-ES providing a repository of military, Government civilian and 
contractor personnel, and contract information for DoD, Department of 
State (DOS), United States Agency for International Development 
(USAID), other federal agencies, and Combatant Commanders to centrally 
manage their supporting, deploying, deployed, and redeploying assets 
via a single authoritative source for up-to-date visibility of 
personnel assets and contract capabilities. The system is also used as 
a management tool for statistical analysis, tracking, reporting, 
evaluating program effectiveness, and conducting research.
    The Joint Asset Movement Management System (JAMMS) is a stand-alone 
application in the SPOT-ES that scans identity credentials (primarily 
held by military, Government civilians, and contractors) at key 
decentralized locations. The Total Operational Picture Support System 
(TOPSS) is a web-based application in the SPOT-ES that integrates 
information from SPOT and JAMMS to provide trend analysis, widgets and 
reports from different views based on the user access level and 
parameters selected to support

[[Page 42264]]

DoD, DOS, USAID, other federal agencies, and Combatant Commanders' 
requirements.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    DoD military personnel and civilian personnel supporting 
contingency operations, humanitarian assistance operations, peace 
operations, disaster relief operations, events, and other activities 
that require support within and outside the U.S.
    DoD contractor personnel supporting contingency operations, 
humanitarian assistance operations, peace operations, disaster relief 
operations, military exercises, events, and other activities that 
require contractor support within and outside the U.S.
    DOS and USAID contractor personnel supporting contingency 
operations, humanitarian assistance operations, peace operations, 
disaster relief operations both within and outside of the U.S., and 
during other missions or scenarios.
    DOS and USAID civilian employees supporting contingency operations 
led by DoD or the DOS Office of Security Cooperation outside of the 
U.S. Government civilian and contractor personnel of other agencies.
    Personnel of agencies such as the Department of Interior, 
Department of Homeland Security, Department of Treasury, Department of 
Justice, Department of Health and Human Services, Environmental 
Protection Agency, Department of Transportation, Department of Energy, 
and General Services Administration that may use the system to account 
for their personnel when supporting contingency operations, 
humanitarian assistance operations, peace operations, disaster relief 
operations, exercises, events, and other activities within and outside 
the U.S.
    The system may also include civilians in private sector 
organizations and private citizens, including first responders, who are 
in the vicinity, are supporting, or are impacted by operations, e.g., 
contingency, humanitarian assistance, or disaster relief, and transit 
through a location where a JAMMS workstation is deployed.

CATEGORIES OF RECORDS IN THE SYSTEM:
    For contractor personnel: Full name; blood type; Social Security 
Number (SSN); DoD Identification (ID) Number; Federal/foreign ID number 
or Government-issued ID number, e.g., passport and/or visa number; 
category of person; home, office, and deployed telephone numbers, 
address, and email; emergency contact name and telephone number; next 
of kin name, phone number and address; duty location and duty station; 
travel authorization documentation, i.e., Letters of Authorization 
(LOAs); air travel itineraries, movements in the area of operations; 
in-theater and Government authority points of contact; security 
clearance information; and predeployment processing information, 
including completed training certifications.
    For contractors deployed to Japan these additional items will be 
captured: Status of Forces Agreement (SOFA) status and expiration date; 
affirmation that the contractor possesses a residency permit or 
residency visa for Japan; number of dependents, and Japan-specific 
authorized government services.
    For dependents authorized to accompany contractor personnel in 
Japan: Full name, date of birth, family relationship, sponsoring family 
member full name, passport number, and passport country.
    For DoD military and civilian personnel: Full name, SSN, DoD ID 
Number, category of person (civilian or military), and movements in the 
area of operations.
    For other federal agency personnel: Full name, SSN, Government-
issued ID number (e.g., passport and/or visa number), category of 
person, and movements in the area of operations.
    For non-Government personnel: Full name, Government-issued ID 
number (e.g., passport and/or visa number), and movements in the area 
of operations.
    For contractor personnel: Contract information data: contract 
number, task order number, contractor company name, contract 
capabilities, contract/task order period of performance, theater 
business clearance, company contact name, office address and phone 
number. Equipment and weapons data: Contractor owned/contractor 
operated equipment in designated areas, type of equipment (roll-on/
roll-off, self-propelled, containerized), authorized weapons assigned 
to specific contractor employees, contract number, contractor company 
name, and other official deployment-related information, e.g., types of 
training received.

RECORD SOURCE CATEGORIES:
    Individual's employer (military, Government civilians and 
contractor personnel), Defense Enrollment Eligibility Reporting System 
(DEERS), and federal entities supporting contingency, humanitarian 
assistance, peacekeeping, and disaster relief operations.

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 of 1974, as amended, the records 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 DOS and USAID to account for their Government civilian and 
contractor personnel supporting operations outside of the U.S., and to 
determine status of processing and deployment documentation, contracts, 
weapons and equipment, current and historical locations, company or 
organization where an individual is employed, and contact information.
    b. To Federal agencies associated with the categories of 
individuals covered by the system to account for their Government 
civilian and contractor personnel supporting contingency operations, 
humanitarian assistance operations, peace operations, disaster relief 
operations, military exercises, events, and other activities that 
require support within and outside the U.S.
    c. To contractor companies to account for their employees 
supporting contingency operations, humanitarian assistance operations, 
peace operations, disaster relief operations, military exercises, 
events, and other activities that require contractor support within and 
outside the U.S.
    d. To applicable private sector organizations to account for their 
personnel located in an operational area.
    e. To applicable facilities managers where JAMMS are deployed to 
account for Government services consumed and depict usage trends.
    f. 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.
    g. 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.
    h. 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

[[Page 42265]]

proceeding before an administrative or adjudicative body when the 
adjudicator determines the records to be relevant to the proceeding.
    i. 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.
    j. 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.
    k. To appropriate agencies, entities, and persons when (1) the DoD 
suspects or has confirmed that there has been a breach of the system of 
records; (2) the DoD has determined that 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.
    l. 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.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    Records are maintained in electronic storage media.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    Within SPOT-ES, records are retrieved by full name, SSN, DoD 
Identification Number, or federal/foreign ID number.
    Within JAMMS, records may be retrieved by last name at the specific 
machine used at a location within specified start and ending dates.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    Permanent. Close all files upon end of individual's deployment. 
Transfer to the National Archives and Records Administration when 25 
years old.

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    Electronic records in SPOT and TOPSS are maintained in a 
Government-controlled area accessible only to authorized personnel. 
Entry to these areas is restricted to those personnel with a valid 
requirement and authorization to enter. Physical entry is restricted by 
the use of lock, guards, and administrative procedures. Physical and 
electronic access is restricted to designated individuals having a 
need-to-know in the performance of official duties. Access to personal 
information is further restricted by the use of Public Key 
Infrastructure or login/password authorization. Information is 
accessible only by authorized personnel with appropriate clearance/
access in the performance of their duties. For JAMMS, physical and 
electronic access is restricted to designated individuals having a 
need-to-know in the performance of official duties. Access to personal 
information is further restricted by the use of login/password 
authorization or may use two-factor authentication with CAC and PIN. 
Physical entry is restricted to authorized personnel. Data transferred 
to SPOT-ES are encrypted.

RECORD ACCESS PROCEDURES:
    Individuals seeking access to information about themselves 
contained in this system should address written inquiries to the Office 
of the Secretary of Defense/Joint Staff Freedom of Information Act, 
Requester Service Center, Office of Freedom of Information, 1155 
Defense Pentagon, Washington, DC 20301-1155. Foreign nationals seeking 
access to their records must submit requests under the Freedom of 
Information Act at the above address.
    Signed, written requests should contain the individual's full name, 
last four digits of the SSN, DoD ID Number or federal/foreign ID 
number, current address, telephone number, when and where they were 
assigned during the named operation or event, and the name and number 
of this system of records notice.
    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 following 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:
    The Office of the Secretary of Defense (OSD) rules for accessing 
records, for contesting contents, and appealing initial agency 
determinations are contained in OSD Administrative Instruction 81; 32 
CFR part 311; or may be obtained from the system manager.

NOTIFICATION PROCEDURE:
    Individuals seeking to determine whether information about 
themselves is contained in this system should address written inquiries 
to the Deputy Director, Defense Manpower Data Center, DoD Center 
Monterey Bay, 400 Gigling Road, Seaside, CA 93955-6784.
    Signed, written requests should contain the individual's full name, 
last four digits of the SSN, DoD Identification Number or federal/
foreign ID number, current address, telephone number, and when and 
where they were assigned during the named operation or event.
    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 following 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).'

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    The Department of Defense is exempting records maintained in DMDC 
18 DoD, from subsection (d) of the Privacy Act pursuant to 5 U.S.C. 
552a (k)(1). Such information has been determined to be classified 
under criteria established by an Executive Order in the interest of 
national defense or foreign policy and is properly classified pursuant 
to such Executive Order. An exemption rule for this system 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 311. For additional 
information contact the system manager.

[[Page 42266]]

HISTORY:
    May 26, 2015, 80 FR 30057; October 24, 2013, 78 FR 63455; March 18, 
2010, 75 FR 13103.

[FR Doc. 2018-17955 Filed 8-20-18; 8:45 am]
BILLING CODE 5001-06-P