Privacy Act of 1974; System of Records, 18567-18569 [2020-06914]

Agencies

• DEPARTMENT OF DEFENSE
• Office of the Secretary

[Federal Register Volume 85, Number 64 (Thursday, April 2, 2020)]
[Notices]
[Pages 18567-18569]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-06914]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF DEFENSE

Office of the Secretary

[Docket ID: DoD-2020-OS-0037]


Privacy Act of 1974; System of Records

AGENCY: Office of the Secretary, Department of Defense (DoD).

ACTION: Notice of a modified System of Records.

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

SUMMARY: The Office of the Secretary of Defense (OSD) is modifying the 
System of Records, Mandatory Declassification Review Files, DWHS E05. 
This system was established to verify and declassify record requests 
from the public and to provide a resource to research historical data. 
Without the ability to review and declassify data in the Mandatory 
Declassification Review (MDR) Files System of Records, information in 
the system would not be releasable to the public and the DoD would not 
comply with the applicable regulations and laws. Updates to this system 
include administrative changes required by the Office of Management and 
Budget (OMB) Circular A-108, ``Federal Agency Responsibilities for 
Review, Reporting, and Publication under the Privacy Act,'' revised 
December 23, 2016. This modification includes changes to the system 
name, authorities, purpose, categories of records, routine uses, 
storage of records, retention and disposal of records, safeguards, 
records access procedures, contesting record procedures, notification 
procedures, and exemptions sections. In addition, the only exemption 
claimed for the system, (k)(1), is being deleted, since the system does 
not contain classified information. The records undergoing MDR are 
stored in a separate system, which is not a Privacy Act System of 
Records.

DATES: This System of Records modification is effective upon 
publication; however, comments on the Routine Uses will be accepted on 
or before May 4, 2020. 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: 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, 1155 Defense Pentagon, 
Washington, DC 20301-1155, or by phone at (571) 372-0478.

SUPPLEMENTARY INFORMATION: This System of Records is mandated by E.O. 
13526, 32 CFR 2001.33, and DoD 5230.30-M which require the DoD to 
validate requests from members of the public requesting classified 
information. As a result, the DoD is required to identify the requested 
document or information record with sufficient specificity to enable 
the DoD to locate it with a reasonable amount of effort. Without this 
system, the DoD will not comply with these requirements. Also, the 
system allows the DoD to consider the sensitivity of the requested data 
to determine its releaseability and to address denials or appeals in a 
timely manner.
    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 
from the Defense Privacy, Civil Liberties, and Transparency Division 
website at https://dpcld.defense.gov.
    The proposed systems reports, as required by the Privacy Act, as 
amended, were submitted on December 16, 2019, to the House Committee on 
Oversight and Reform, the Senate Committee on Homeland Security and 
Governmental Affairs, and the OMB pursuant to Section 6 of 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: March 30, 2020.
Aaron T. Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.

SYSTEM NAME AND NUMBER:
    Requestor Database for Office of the Secretary of Defense Mandatory 
Declassification Reviews, DWHS E05.

SECURITY CLASSIFICATION:
    Unclassified.

SYSTEM LOCATION:
    Records, Privacy and Declassification Division, Executive Services 
Directorate, 6564 Loisdale Court, Springfield, VA 22150-1827.

SYSTEM MANAGER(S):
    Chief, Records, Privacy, and Declassification Division, Executive 
Services Directorate, 4800 Mark Center Drive, Alexandria, VA 20350-
3200. Email: [email protected]; 
Telephone 571-372-0496.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    Executive Order 13526, Classified National Security Information; 32 
CFR 2001.33, Mandatory Review for Declassification; Department of 
Defense Instruction 5200.01, DoD Information Security Program and 
Protection of Sensitive Compartmented Information

[[Page 18568]]

(SCI); Department of Defense Manual (DoDM) 5230.30-M, DoD Mandatory 
Declassification Review (MDR) Program; and DoDM 5200.01, Volume 1, DoD 
Information Security Program: Overview, Classification and 
Declassification, and DoDD 5110.04 Washington Headquarters Services 
(WHS).

PURPOSE(S) OF THE SYSTEM:
    To process requests and/or appeals from individuals for the 
mandatory review of classified records for the purposes of releasing 
declassified material to the public and to provide a research resource 
of historical data on release of records to ensure consistency in 
subsequent actions. Data developed from this system is included in the 
annual report on the DoD's security classification management program 
to the National Archives and Records Administration's (NARA's) 
Information Security Oversight Office. This data also serves 
management's needs by providing information about the number of 
requests, the required type or category of records, and the average 
processing time.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Individuals requesting MDR or appealing a MDR determination for 
access to records and information within the scope of the OSD.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Requester's name, address, source (organization of requester), 
source case number (if applicable), document classification rating, 
receipt date, response date, number of pages, OSD MDR case number and 
unclassified subject of the request.

RECORD SOURCE CATEGORIES:
    The individual.

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, 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 the NARA, Interagency Security Classification Appeals Panel 
(ISCAP) for the purpose of complying with Executive Order 13526, to 
review administrative agency policies and procedures and to facilitate 
the ISCAP's offering of mediation services to resolve disputes between 
persons making MDR requests and government agencies.
    b. 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.
    c. To foreign or international law enforcement, security, 
investigatory, or administrative authorities to comply with 
requirements imposed by, or to claim rights conferred in, international 
agreements and arrangements including those regulating the stationing 
and status in foreign countries of DoD military and civilian personnel.
    d. To appropriate Federal, State, local, territorial, tribal, 
foreign, or international agencies for the purpose of 
counterintelligence activities authorized by U.S. law or Executive 
Order, or for the purpose of executing or enforcing laws designed to 
protect the national security or homeland security of the United 
States, including those relating to the sharing of records or 
information concerning terrorism, homeland security, or law 
enforcement.
    e. 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.
    f. 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.
    g. 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.
    h. To the NARA for the purpose of records management inspections 
conducted under the authority of 44 U.S.C. 2904 and 2906.
    i. 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.
    j. 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.
    k. 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:
    Paper records and electronic storage media.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    Records are retrieved by requester name and other pertinent 
information, such as organization or address, subject material 
describing the MDR item (including date), OSD MDR case number using 
computer indices, referring agency, or any combination of those fields.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    Temporary. Cut off and destroy when no longer needed. Purge 
database when no longer needed for reference.

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    The records are stored in a Defense Counterintelligence and 
Security Agency approved secure closed area requiring badge and PIN 
access. The system is password protected, with limited access and 
multiple levels of user restriction, including limited access to 
officials with a need-to-know. Paper records are maintained in security 
containers with access limited to officials with a need-to-know. All 
records are protected in accordance with the National Industrial 
Security Program Operating Manual.

RECORD ACCESS PROCEDURES:
    Individuals seeking access to information about themselves 
contained in this System of Records should address inquiries to the 
Office of the

[[Page 18569]]

Secretary of Defense/Joint Staff, Freedom of Information Act Requester 
Service Center, Office of Freedom of Information, 1155 Defense 
Pentagon, Washington, DC 20301-1155. Signed, written requests should 
include the name and number of this System of Records Notice along with 
the individual's name and address of the individual at the time the 
record was created. 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 DoD rules for accessing records, contesting contents, and 
appealing initial agency determinations are contained in 32 CFR part 
310, or may be obtained from the system manager.

NOTIFICATION PROCEDURES:
    Individuals seeking to determine whether information about 
themselves is contained in this System of Records should address 
inquiries to Chief, Records, Privacy and Declassification Division, 
Executive Services Directorate, 4800 Mark Center Drive, Alexandria, VA 
20350-3200. Signed, written requests should include the individual's 
name and address of the individual at the time the record would have 
been created, along with 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).''

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    None.

HISTORY:
    October 30, 2014, 79 FR 64584; October 28, 2011, 76 FR 66916; 
October 14, 2010, 75 FR 63160; March 28, 2007, 72 FR 14533; November 
29, 2002, 67 FR 71147; February 22, 1993, 58 FR 10227.

[FR Doc. 2020-06914 Filed 4-1-20; 8:45 am]
BILLING CODE 5001-06-P