Privacy Act of 1974; System of Records, 59754-59756 [2020-21008]

Agencies

• DEPARTMENT OF DEFENSE
• Office of the Secretary

[Federal Register Volume 85, Number 185 (Wednesday, September 23, 2020)]
[Notices]
[Pages 59754-59756]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-21008]


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DEPARTMENT OF DEFENSE

Office of the Secretary

[Docket ID DoD-2020-OS-0076]


Privacy Act of 1974; System of Records

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

ACTION: Notice of a modified system of records.

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SUMMARY: The OSD is modifying a system of records titled ``National 
Language Service Corps (NLSC) Records,'' DHRA 07. The NLSC system is a 
cost-effective solution to the tactical and strategic management of 
foreign language support needs within the U.S. military and civilian 
enterprise for operations, plans, and workforce requirements. It 
provides a surge capability from individuals who are generally 
unavailable to the Government by tapping into our nation's population 
of skilled citizens who speak hundreds of languages critical to our 
nation's needs.
    Initially established as a pilot program maintaining a pool of 
linguists proficient in ten languages, NLSC has since expanded its 
capabilities to support over 414 languages and dialects and provide 
over 4,000 man-hours of support to federal agencies annually. To meet 
the increasing need for professionals with language skills, in 2018, 
the NLSC expanded the reach of linguist support from DoD organizations 
to all federal government agencies and is modifying the system to 
accommodate this growth.

[[Page 59755]]


DATES: This system of records modification is effective upon 
publication; however comments on the routine uses will be accepted on 
or before October 23, 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: DoD cannot receive written comments at this time due to the 
COVID-19 pandemic. Comments should be sent electronically to the docket 
listed above.
    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. Lyn Kirby, Defense Privacy, Civil 
Liberties, and Transparency Division, Directorate for Oversight and 
Compliance, Department of Defense, 4800 Mark Center Drive, Mailbox #24, 
Suite 08D09, Alexandria, VA 22350-1700; [email protected]; (703) 571-
0070.

SUPPLEMENTARY INFORMATION: The NLSC is a federal program sponsored by 
the DoD through the Defense Language and National Security Education 
Office (DLNSEO). Designed to support federal agencies in times of 
national need, the NLSC provides and maintains a readily available 
civilian corps of 8,906 bi-lingual volunteers. The NLSC provides 
members with the opportunity to join an active community of culturally 
diverse individuals, utilize language development tools, and use their 
language skills on missions and mission deployments.
    This modification will expand the categories of records in the 
system to include Social Security Numbers and other fields required to 
facilitate safe foreign travel. In addition, modifications were made to 
all other sections of the SORN, with the exception of, ``exemptions 
claimed,'' to align with the latest SORN templates and guidance. The 
intended purpose of this modification is to accommodate NLSC growth, 
modify an outdated tool to support NLSC missions more effectively, and 
meet the requirements of Office of Management and Budget (OMB) Circular 
A-108.
    The DoD 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.
    In accordance with 5 U.S.C. 552a(r) and OMB Circular No. A-108, the 
DoD has provided a report of this system of records to the OMB and to 
Congress.

    Dated: September 16, 2020.
Aaron T. Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.

SYSTEM NAME AND NUMBER:
    National Language Service Corps (NLSC) Records, DHRA 07.

SECURITY CLASSIFICATION:
    Unclassified.

SYSTEM LOCATION:
    Amazon Web Services (AWS), GovCloud West, 12900 Worldgate Drive, 
Suite 800, Herndon, VA 20170-6040.

SYSTEM MANAGER(S):
    Associate Director, National Language Service Corps, 4800 Mark 
Center Drive, Suite 08G08, Alexandria, VA 22350-4000.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    10 U.S.C. 131, Office of the Secretary of Defense; 50 U.S.C. 1913, 
National Language Service Corps; DoD Directive 5124.02, Under Secretary 
of Defense for Personnel and Readiness (USD(P&R)); and E.O. 9397 (SSN), 
as amended.

PURPOSE(S) OF THE SYSTEM:
    To allow U.S. citizens with language skills to self-identify their 
skills for the purpose of temporary employment on an intermittent work 
schedule or service opportunities in support of the DoD or another 
department or agency of the United States. The information will be used 
to determine applicants' eligibility for NLSC membership, to identify 
and contact NLSC members, and to facilitate travel to foreign work 
assignments.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Applicants to or members of the NLSC.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Full name, other names used, social security number, DoD ID 
numbers, citizenship, gender/gender identification, race/ethnicity, 
home address, email address, home and mobile telephone numbers, 
official duty address, place of birth, birth date, age verification of 
18 years, education information, disability information, financial 
information, security clearance, military discharge records, employment 
information (e.g., federal employee, political appointee, armed 
forces), foreign language(s) spoken, foreign language proficiency 
levels, origin of foreign language(s) spoken, English proficiency 
levels, NLSC-assigned control number, passport information, marital 
status, emergency contact(s), beneficiary information, photo, blood 
type, height, hair color, eye color, identifying scars, marks, or 
tattoos, vaccination information, known medical conditions and 
prescriptions, anticipated separation date, and actual separation date 
from service.

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 in accordance 
with 5 U.S.C. 552a(b), 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 contractors responsible for performing or working on 
contracts for the DoD when necessary to accomplish an agency function 
related to this system of records. Individuals provided information 
under this routine use are subject to the same Privacy Act requirements 
and limitations on disclosure that apply to DoD officers and employees.
    b. To another department or agency of the United States in need of 
temporary short-term foreign language services, where government 
employees are required or desired.
    c. 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.
    d. 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.
    e. In an appropriate proceeding before a court, grand jury, or 
administrative or

[[Page 59756]]

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.
    f. 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.
    g. 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.
    h. 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.
    i. 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.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    Records are maintained in electronic storage media, in accordance 
with the safeguards mentioned below.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    The records are retrieved by NLSC-assigned control number, the 
individual's name or home address.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    NLSC Charter Member Files. Destroy/Delete 4 years after termination 
of membership. Application of Non-enrollees. Destroy/Delete when 4 
years old.

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    Electronic records are encrypted and kept on a secured network 
behind firewalls where files are regularly backed-up and maintained 
with regular intervals. Access to electronic records is limited to 
authorized personnel who have a DoD Common Access Card (CAC) and 
successfully completed the proper security training. Access to records 
is further restricted using multi-factor authentication, and PII is 
encrypted both at rest and when transmitted electronically.
    The servers are housed in nondescript facilities which restrict 
access to individuals with a justified business reason. The facilities 
are guarded by entry gates, security guards, and supervisors who 
monitor officers and visitors via security cameras. When approved 
individuals are on site, they are given a badge that requires multi-
factor authentication and limits access to pre-approved areas.
    All NLSC personnel are certified for their roles in accordance with 
DoD Directive 8570.01-M. A cyber awareness-training program is 
implemented to ensure that upon arrival, and at least annually 
thereafter, all NLSC personnel receive DoD Cyber Awareness training. 
Additionally, cyber security personnel receive training to perform 
their assigned cyber security responsibilities, to include 
familiarization with their prescribed roles in all cyber related plans 
such as incident response, mitigation of malicious code and suspicious 
communications, configuration management, and disaster recovery.

RECORD ACCESS PROCEDURES:
    Individuals seeking access to records about themselves contained in 
this System of Records should address written inquiries to the Office 
of the Secretary of Defense (OSD)/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 contain the individual's full name, current home address, and 
the name and number of this system of records notice (SORN). In 
addition, the requester must provide either a notarized statement or a 
declaration made in accordance with 28 U.S.C. 1746, using 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, for 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 should address written inquiries 
to: Associate Director, National Language Service Corps, 4800 Mark 
Center Drive, Suite 08G08, Alexandria, VA 22350-4000. Signed, written 
requests should contain the individual's full name, current home 
address, and the name and number of this SORN. In addition, the 
requester must provide either a notarized statement or a declaration 
made in accordance with 28 U.S.C. 1746, using 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:
    80 FR 13353, March 13, 2015.

[FR Doc. 2020-21008 Filed 9-22-20; 8:45 am]
BILLING CODE 5001-06-P