Privacy Act of 1974; System of Records, 68567-68569 [2020-23914]

Agencies

• DEPARTMENT OF DEFENSE
• Office of the Secretary

[Federal Register Volume 85, Number 210 (Thursday, October 29, 2020)]
[Notices]
[Pages 68567-68569]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-23914]


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DEPARTMENT OF DEFENSE

Office of the Secretary

[Docket ID: DoD-2020-OS-0087]


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, ``Science, 
Mathematics, and Research for Transformation (SMART) Information 
Management System,'' DUSDA 14. This system of records enables the SMART 
program officials to select qualified scholarship applicants and 
monitor their progress in the program.

DATES: This system of records modification is effective upon 
publication; however, comments on the Routine Uses will be accepted on 
or before November 30, 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: The Department of Defense (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: This update reflects considerable 
administrative changes warranting a modification to the system of 
records notice. Changes include: Security

[[Page 68568]]

classification, system location, system manager(s), purpose(s) of the 
system, categories of records in the system, record source categories, 
routine uses of records maintained in the system, including categories 
of users and purposes of such uses, policies and practices for the 
retention and disposal of records, administrative, technical, and 
physical safeguards, record access procedures, contesting records 
procedures, and notification procedures. The information collected 
consists of applications submitted by members of the general public and 
current DoD personnel actively seeking involvement in the SMART Program 
and thus becoming subject to information collection. The applications 
include information on academic records, community and volunteer 
activities, letters of recommendations from faculty and community 
leaders, a list of publications, work experience, certification of 
citizenship and personal contact information. This information is 
necessary to evaluate and rank each candidate's credentials for 
awarding scholarships and determining whether the candidate meets 
specific DoD facility workforce needs. If an applicant is selected by 
the SMART Program, additional information will be collected from them 
such as but not limited to: educational work plans, transcripts, 
internship report and degree completion report.
    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 Office of Management and 
Budget (OMB) Circular No. A-108, the DoD has provided a report of this 
system of records to the OMB and to Congress.

    Dated: October 23, 2020.
Aaron T. Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.

SYSTEM NAME AND NUMBER:
    Science, Mathematics, and Research for Transformation (SMART) 
Information Management System, DUSDA 14.

SECURITY CLASSIFICATION:
    Unclassified.

SYSTEM LOCATION:
    Logistics Management Institute (LMI), Ashburn Data Center, Ashburn, 
VA 20147-6011.
    LMI San Antonio Office, 1777 NE Interstate 410 Loop #808, San 
Antonio, TX 78217-0000.
    LMI Tyson's Office, 7940 Jones Branch Drive, Tysons, VA 22102-3381.
    Scholarship America, One Scholarship Way, St. Peter, MN 56082-1693.
    Mark Center, 4800 Mark Center Drive, Alexandria, VA 22350-1700.

SYSTEM MANAGER(S):
    Program Manager, SMART Scholarship for Service Program, 4800 Mark 
Center Drive, Alexandria, VA 22350-3600. [email protected], 571-372-
6535.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    5 U.S.C. 3304, Competitive Service, Examinations; 10 U.S.C. 2192a, 
Science, Mathematics, and Research for Transformation (SMART) Defense 
Education Program; 20 U.S.C. 17, National Defense Education Program; 
DoD Instruction 1400.25, Volume 410, DoD Civilian Personnel Management 
System: Training, Education, and Professional Development; and E.O. 
9397 (SSN), as amended.

PURPOSE(S) OF THE SYSTEM:
    To enable SMART officials to select qualified applicants, to award 
SMART scholarships, and monitor participant progress and status through 
the program. Also, the system is used as a management tool for 
statistical analysis, tracking, reporting, evaluating program 
effectiveness, and conducting research.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Applicants and participants of the SMART Scholarship for Service 
Program.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Information includes full name and any other names used, Social 
Security Number (SSN), home and school mailing addresses, home and cell 
phone numbers, school and alternate email addresses.
    Additional information collected may include SMART Program 
identification number, resumes and/or curricula vitae, publications, 
citizenship status, Selective Service registration status, birth date, 
employment status, state and country of birth, race/ethnicity, gender, 
security clearance status, veterans preference, academic status, 
assessment test scores, copies of transcripts, bank account numbers, 
Individualized Education Program (IEP) or special accommodation testing 
requirements, projected and actual graduation dates, and projected and 
actual award amounts.

RECORD SOURCE CATEGORIES:
    The SMART Program manages individual source records using the SMART 
Information Management System (SIMS). The SIMS collects the following 
information and forms to confirm scholar compliance: Applicant 
transcripts, educational work plan and declaration of Federal 
Employment (OF-306). In addition, the SIMS uses a form (application) to 
collect eligibility information. The applicants report citizenship 
status, if they are 18 years of age, their proposed degree completion 
date, their proposed STEM discipline, and whether they are willing to 
complete an internship period and an employment period. The SIMS tracks 
individual compliance and non-compliance using a data table and 
trackers.

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 Sec.  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 academic institutions for the purpose of providing progress 
reports for applicants and participants.
    c. To consumer reporting agencies as defined in the Fair Credit 
Reporting Act (15 U.S.C. 1681a(f)) or the Federal Claims Collection Act 
of 1966 (31 U.S.C. 3701(a)(3)). The purpose of this disclosure is to 
aid in the collection of outstanding debts owed to the Federal 
government, typically to provide an incentive for debtors to repay 
delinquent Federal government debts by making these debts part of their 
credit records.
    d. 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.
    e. 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

[[Page 68569]]

litigation to which the record is pertinent.
    f. 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.
    g. 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.
    h. 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.
    i. 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.
    j. 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:
    Paper and electronic storage media.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    Records are retrieved by name and SMART Program identification 
number.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    Participant information. Delete/Destroy 6 years and 3 months after 
completion of service commitment, or upon repayment of funds. Records 
of individuals not chosen for participation in the program. Delete 3 
years after final decision. DoD research and engineering facility data. 
Delete/Destroy upon termination of affiliation.

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    Access to records is permission-granted based on the role of the 
individual (need-to-know) and further restricted to individuals who 
require the data in the performance of official duties. Electronic 
records are maintained on servers in controlled areas accessible only 
to authorized personnel. Access to storage areas is restricted to 
personnel with a valid requirement and authorization to enter. Hardcopy 
records are kept in locked safes. Physical entry is restricted by the 
use of one or more of the following: security guards, identification 
badges, cipher locks, electronic locks, combination locks, key card 
access and closed circuit TV. Technical controls consist of user 
identification, passwords, intrusion detection systems, encryption, 
External Certificate Authority, firewalls, Virtual Private Network 
(VPN), DoD Public Key Infrastructure certificates, and Common Access 
Cards (CACs). Administrative controls consist of periodic security 
audits, regular monitoring of users' security practices, methods to 
ensure only authorized personnel have access to Personally Identifiable 
Information (PII), and personnel with access to SMART PII completing 
annual Information Assurance and Privacy Act training, as required by 
the DoD.

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, 1155 Defense Pentagon, Washington, DC 20301-
1155. Signed, written requests should contain the individual's full 
name and SMART Program identification number, 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 DoD rules for accessing records, for contesting contents and 
appealing initial agency determinations are published in 32 CFR part 
310, or may be obtained from the system manager.

NOTIFICATION PROCEDURES:
    Individuals seeking to determine whether this system of records 
contains information about themselves may address their inquiries to 
the Director, SMART Scholarship for Service Program, 4800 Mark Center 
Drive, Alexandria, VA 22350-3600. Signed, written requests should 
contain the individual's full name and SMART Program identification 
number. 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 20, 2016, 81 FR 72577.

[FR Doc. 2020-23914 Filed 10-28-20; 8:45 am]
BILLING CODE 5001-06-P