Privacy Act of 1974; System of Records, 23352-23354 [2021-09211]

Agencies

• DEPARTMENT OF DEFENSE
• Office of the Secretary

[Federal Register Volume 86, Number 83 (Monday, May 3, 2021)]
[Notices]
[Pages 23352-23354]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-09211]


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DEPARTMENT OF DEFENSE

Office of the Secretary

[Docket ID DoD-2021-OS-0028]


Privacy Act of 1974; System of Records

AGENCY: Defense Media Activity (DMA), Department of Defense (DoD).

ACTION: Notice of a modified system of records.

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SUMMARY: In accordance with the Privacy Act of 1974, the DoD is 
modifying and reissuing a current system of records titled, ``DoD Media 
Pool and Pentagon Correspondent Files,'' DPAD 12.0. This system of 
records was originally established by the Office of the Assistant 
Secretary of Defense (Public Affairs) to collect and maintain records 
on news media representatives nominated by their respective bureaus to 
be members of the DoD Media Pool and Pentagon correspondents who may 
conduct interviews with Pentagon executive-level personnel. This system 
of records notice (SORN) is being updated to incorporate the DoD 
standard routine uses and support additional information sharing of 
these records outside of the DoD. The routine uses are proposed to be 
updated to allow for disclosure to the Department of State to issue 
passports/visas to these individuals, and to foreign embassies to 
obtain a foreign entry visa for these individuals. The DoD is also 
modifying various other sections within the SORN to improve clarity or 
update information that has changed.

DATES: This system of records modification is effective upon 
publication; however, comments on the Routine Uses will be accepted on 
or before June 2, 2021. 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. Tanya Rose, Director, Information 
Management, Department of Defense, 1155 Defense Pentagon, Room 2E989, 
Washington, DC 20301.

SUPPLEMENTARY INFORMATION:

I. Background

    The DoD Media Pool and Pentagon Correspondent Files system of 
records is used to issue Pentagon building and media press passes, 
arrange foreign clearances and visas, and to determine an individual's 
suitability/preparedness for deployment with the media pool. Subject to 
public comment, the DoD proposes to update this SORN to add standard 
DoD routine uses (routine uses A through I) and to allow for additional 
disclosures outside the DoD related to the purpose of this system of 
records. Specifically, the DoD proposes to add a new routine use 
(routine use J) to disclose information from this system of records to 
the Department of State to support issuance of media passports/visas. 
The DoD proposes to add another new routine use (routine use K) to 
support sharing of information with foreign embassies to allow members 
of the media to obtain foreign entry visas. In addition to updating the 
routine use section, the other modifications are (1) to the Authority 
for Maintenance of the System section to update citation(s) and add 
additional authorities; (2) to the Categories of Individuals Covered by 
the System section to clarify the individuals covered and Categories of 
Records to clarify how the records relate to the Category of 
Individuals; (3) to the Administrative, Technical, and Physical 
Safeguards to update the individual safeguards protecting the personal 
information; (4) to the Retention and Disposal section to reflect the 
approved disposition; (5) to the Record Access Procedures section to 
reflect the need for individuals to identify the appropriate DoD office 
or component to which their request should be directed; (6) to the 
Contesting Records Procedures section to update the appropriate 
citation for contesting records; and (7) to the System Manager and 
System Location sections to update the addresses and office names. 
Furthermore, this notice includes non-substantive changes to simplify 
the formatting and text of the previously published notice.
    The DoD notices for systems of records subject to the Privacy Act 
of

[[Page 23353]]

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.

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, the DoD has provided a report of this 
system of records to the OMB and to Congress.

    Dated: April 27, 2021.
Aaron T. Siegel,
Alternate OSD Federal Register, Liaison Officer, Department of Defense.

SYSTEM NAME AND NUMBER:
    DoD Media Pool and Pentagon Correspondent Files, DPAD 12.0.

SECURITY CLASSIFICATION:
    Unclassified.

SYSTEM LOCATION:
    Office of the Assistant Secretary of Defense (Public Affairs), 
Directorate for Strategy, Plans and Assessment, 1400 Defense Pentagon, 
Washington, DC 20301-1400.

SYSTEM MANAGER(S):
    The system managers are as follows: For DoD Media Pool Files: 
Office of the Assistant Secretary of Defense (Public Affairs), 
Directorate for Strategy, Plans and Assessment, Room 2E977, 1400 
Defense Pentagon, Washington, DC 20301-1400.
    For Pentagon Correspondent Files: Office of the Assistant Secretary 
of Defense (Public Affairs), Deputy Director, Directorate for Public 
Affairs Operations, Room 2D961, 1400 Defense Pentagon, Washington, DC 
20301-1400.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    10 U.S.C. 113, Secretary of Defense; DoD Directive 5122.05, 
Assistant Secretary of Defense for Public Affairs (ASD(PA)); and 
Executive Order 9397 (SSN), as amended.

PURPOSE(S) OF THE SYSTEM:
    Media Pool Files are used to issue Pentagon building passes, media 
pool press passes, and orders; to collect and maintain records on news 
media representatives nominated by their respective bureaus to be 
members of the DoD Media Pool. To arrange foreign country clearances 
and visas, and to determine individual's suitability/preparedness for 
deployment with the media pool. This information is used in the 
performance of official duties related to determining eligibility of 
selective press members to travel with DoD executive level personnel. 
Pentagon Correspondent Files are used by Pentagon executive level 
personnel to provide a brief summary of the news media representative's 
professional experience and background.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    News media representatives nominated by their respective bureaus to 
be members of the DoD Media Pool or travel with the Secretary. News 
media representatives who may conduct interviews with Pentagon 
executive level personnel.

CATEGORIES OF RECORDS IN THE SYSTEM:
    A. DoD Media Pool Files consist of press accreditation and other 
questionnaires and forms soliciting the news media representative's 
name, age, nationality, Social Security Number (SSN), office and home 
addresses and phone numbers, passport information, medical information, 
and person to be notified in an emergency effecting individual
    B. No fault (``hold harmless'') legal contracts between DoD and 
media organizations as well as no-fault legal contracts between DoD and 
individual media representatives.
    C. Ground-rule agreements between DoD and individuals covering 
personal conduct before and during event. Certificates of background 
security clearance.
    D. Pentagon Correspondent Files consist of photographs and 
biographies for news media representatives.

RECORD SOURCE CATEGORIES:
    Individuals; completed accreditation and other questionnaires and 
forms; individuals' employers or bureaus.

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 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

[[Page 23354]]

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 such recipients and under such circumstances and procedures 
as are mandated by Federal statute or treaty.
    J. To appropriate foreign government authorities for administrative 
purposes to facilitate an individual's official travel to that country.
    K. To the Department of State for news media representatives on 
official business with the DoD, who, in their official capacity, are 
applying for an official passport or to update their official passport.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    Records may be stored electronically or on paper in secure files 
facilities in a locked drawer behind a locked door.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    News media representative name, SSN, bureau, or organization.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    Temporary. Cut off after death of individual press member. Destroy 
individual accreditation and clearances 10 years after cutoff.

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    The 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, the DoD established security audit and 
accountability policies and procedures which support the safeguarding 
of PII and detection of potential PII incidents. The DoD routinely 
employs safeguards such as the following to information systems and 
paper recordkeeping systems: Multifactor log-in authentication 
including CAC authentication and password; SIPR 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 address written 
inquiries to the OSD/JS FOIA Requester Service Center, Office of 
Freedom of Information, 1155 Defense Pentagon, Washington, DC 20301-
1155. Signed written requests should contain the name and number of 
this system of records notice along with the full name, SSN, and bureau 
or organization where employed. 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:
    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 should address written inquiries 
to the appropriate system mangers(s). Signed written inquiries should 
contain the name and number of this system of records notice along with 
the full name, SSN, and bureau or organization where employed. 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).''

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    None.

HISTORY:
    February 22, 1993, 58 FR 10227; July 23, 2003, 68 FR 43500

[FR Doc. 2021-09211 Filed 4-30-21; 8:45 am]
BILLING CODE 5001-06-P