Privacy Act of 1974; System of Records, 54204-54207 [2022-18986]

Agencies

• DEPARTMENT OF DEFENSE
• Office of the Secretary

[Federal Register Volume 87, Number 170 (Friday, September 2, 2022)]
[Notices]
[Pages 54204-54207]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-18986]


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

DEPARTMENT OF DEFENSE

Office of the Secretary

[Docket ID: DoD-2022-OS-0095]


Privacy Act of 1974; System of Records

AGENCY: Department of Defense (DoD).

ACTION: Notice of a new system of records.

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

SUMMARY: In accordance with the Privacy Act of 1974, the Department of 
Defense (DoD) is establishing a new Department-wide system of records 
titled, ``DoD Historical Records,'' DoD-0014. This system of records 
covers DoD's maintenance of records about individuals in the Department 
of Defense (DoD) historical system, the purpose of which is to collect, 
preserve, and present the history of the components within the DoD to 
support agency leadership and to inform the American public. 
Additionally, DoD is issuing a Direct Final Rule, which exempts this 
system of records from certain provisions of the Privacy Act, elsewhere 
in today's issue of the Federal Register.

DATES: This system of records is effective upon publication; however, 
comments on the Routine Uses will be accepted on or before October 3, 
2022. 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 Assistant to the 
Secretary of Defense for Privacy, Civil Liberties, and Transparency, 
Regulatory Directorate, 4800 Mark Center Drive, Attn: Mailbox

[[Page 54205]]

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. Rahwa Keleta, Defense Privacy and 
Civil Liberties Division, Directorate for Privacy, Civil Liberties and 
Freedom of Information, Office of the Assistant to the Secretary of 
Defense for Privacy, Civil Liberties, and Transparency, Department of 
Defense, 4800 Mark Center Drive, Mailbox #24, Suite 08D09, Alexandria, 
VA 22350-1700; [email protected]; (703) 571-0070.

SUPPLEMENTARY INFORMATION:

I. Background

    DoD is establishing the ``DoD Historical Records,'' DoD-0014 as a 
DoD-wide Privacy Act system of records. A DoD-wide system of records 
notice (SORN) supports multiple DoD paper or electronic recordkeeping 
systems operated by more than one DoD component that maintain the same 
kind of information about individuals for the same purpose. 
Establishment of DoD-wide SORNs helps DoD standardize the rules 
governing the collection, maintenance, use, and sharing of personal 
information in key areas across the enterprise. DoD-wide SORNs also 
reduce duplicative and overlapping SORNs published by separate DoD 
components. The creation of DoD-wide SORNs is expected to make locating 
relevant SORNs easier for DoD personnel and the public, and create 
efficiencies in the operation of the DoD privacy program.
    The mission of the DoD History Program is to collect, preserve, and 
present the history of the Department of Defense, in order to support 
Agency leadership and inform the American public. To further this 
mission, the Department is authorized to gather individuals' 
information to prepare and publish historical reports, provide 
historically relevant information on advisory panels and commissions, 
organize historical presentations and prepare historical studies. The 
DoD Historical Records SORN contains information on DoD civilian 
employees, uniformed service members, contractors, and other DoD-
affiliated individuals. The system of records contains data derived 
from government records (Federal, state, and local), information 
collected directly from individuals, international government and non-
government organizations, and publicly available information.
    Additionally, DoD is issuing a Direct Final Rule to exempt this 
system of records from certain provisions of the Privacy Act elsewhere 
in today's issue of the Federal Register. DoD SORNs 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 Freedom of Information Directorate 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, DoD has provided a report of this 
system of records to the OMB and to Congress.

    Dated: August 29, 2022.
Aaron T. Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.

SYSTEM NAME AND NUMBER:
    DoD Historical Records, DoD-0014.

SECURITY CLASSIFICATION:
    Classified and Unclassified.

SYSTEM LOCATION:
    Department of Defense (Department or DoD), located at 1000 Defense 
Pentagon, Washington, DC 20301-1000, and other Department 
installations, offices, or mission locations. Information may also be 
stored within a government-certified cloud, implemented, and overseen 
by the Department's Chief Information Officer (CIO), 6000 Defense 
Pentagon, Washington, DC 20301-6000.

SYSTEM MANAGER(S):
    The system managers are the Chief Historians assigned to components 
and commands throughout the Department. Their addresses will vary 
according to the location where the actions described in this notice 
are conducted. The Privacy Act responsibilities concerning access, 
amendment, and disclosure of the records within this system of records 
have been delegated to the DoD components. DoD components include the 
Military Departments of the Army, Air Force (including the U.S. Space 
Force), and Navy (including the U.S. Marine Corps), field operating 
agencies, major commands, field commands, installations, and 
activities. To contact the system manager at the DoD component with 
oversight of the records, go to www.FOIA.gov to locate the contact 
information for each component's Freedom of Information Act (FOIA) 
office.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    10 U.S.C. 113, Secretary of Defense; 44 U.S.C. 2107--Acceptance of 
Records for Historical Preservation; 44 U.S.C. 3101, Records Management 
by Federal Agencies; E.O. 12333, United States Intelligence Activities, 
as amended; and E.O. 12958, Classified National Security Information; 
and E.O. 9397, as amended.

PURPOSE(S) OF THE SYSTEM:
    The purpose of the DoD historical system is to collect, preserve, 
and present the history of the Agency and its components to inform the 
American public and archive historical information. DoD accomplishes 
this overall purpose by conducting the following activities:
    A. Researching, writing, and publishing special historical studies, 
government reports, and book series.
    B. Educating and training DoD personnel on historical information.
    C. Accounting for and providing accurate information to inform DoD 
leaders and other government agency leaders and personnel on matters 
related to history.
    D. Providing historical information to advisory panels and 
commissions.
    E. Managing the DoD History Speaker Series in collaboration with 
Military Service and Joint Staff history programs.
    F. Assisting in the production of public statements on behalf of 
DoD officials.
    G. Supporting DoD libraries and museums with planning and/or 
undertaking historical, archival, curatorial, art, and archaeological 
programs and projects.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Individuals who participate in or are associated with historically 
relevant events. Individuals may include (but are not limited to) the 
following:
    A. Current and former members of the uniformed services, including 
those in the National Guard or Reserve.

[[Page 54206]]

    B. Current and former DoD civilian employees, contractors; or 
individuals (and their surviving beneficiaries) accorded benefits, 
rights, privileges, or immunities associated with DoD as provided by 
U.S. law.
    C. Dependents and family members of uniformed services members.
    D. Members of the public.
    E. DoD ``affiliated'' individuals (e.g., non-appropriated fund 
employees working on DoD installations, Red Cross volunteers assisting 
at military hospitals, United Services Organization (USO) staff 
providing services on DoD installations, Congressional staff members 
visiting DoD installations, etc.).

CATEGORIES OF RECORDS IN THE SYSTEM:
    A. Personal and biographical information including: name, date of 
birth; place of birth; immigration history, including date of 
naturalization; hometown; phone numbers, email addresses, physical 
addresses; biographic information; information conveyed as physical 
images (photos/video), voice recordings (audio), and handwritten 
information.
    B. Professional information, including: work history and 
professional experience (job titles, positions held, notable 
accomplishments); education; military experience, if applicable; civic 
duties; decorations; awards; employment identification, DoD ID Number, 
or badge number.

RECORD SOURCE CATEGORIES:
    Records and information stored in this system of records are 
obtained from:
    A. Individuals.
    B. Publicly available information including (but not limited to) 
newspapers, books, periodicals, magazines, television or movies, social 
media, industry or commercial databases, or other materials.
    C. Government sources (Federal, state, local, tribal, foreign, and 
international).
    D. Non-governmental organizations.
    E. Classified or controlled unclassified sources including (but not 
limited to) intelligence products, law enforcement, security sources, 
and correspondence.

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 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.
    I. To another Federal, State or local agency for the purpose of 
comparing to the agency's system of records or to non-Federal records, 
in coordination with an Office of Inspector General in conducting an 
audit, investigation, inspection, evaluation, or other review as 
authorized by the Inspector General Act.
    J. To such recipients and under such circumstances and procedures 
as are mandated by Federal statute or treaty.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    Records may be stored electronically or on paper in secure 
facilities in a locked drawer behind a locked door. Electronic records 
may be stored locally on digital media; in agency-owned cloud 
environments; or in vendor Cloud Service Offerings certified under the 
Federal Risk and Authorization Management Program (FedRAMP).

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    Records may be retrieved by name, DoD ID number, or other personal 
identifier.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    Records are to be retained by the Office of the Secretary of 
Defense, the Joint Staff, the Military Departments, the Defense 
Agencies, and the Defense Field Activities in accordance with their 
NARA-approved records retention schedules.

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    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, DoD has established security audit and 
accountability policies and procedures which support the safeguarding 
of PII and detection of potential PII incidents. DoD routinely employs 
safeguards such as the following to information systems and paper 
recordkeeping systems: Multifactor log-in authentication

[[Page 54207]]

including Common Access Card (CAC) authentication and password; 
physical 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 follow the 
procedures in 32 CFR part 310. Individuals should address written 
inquiries to the DoD component with oversight of the records, as the 
component has Privacy Act responsibilities concerning access, 
amendment, and disclosure of the records within this system of records. 
The public may identify the contact information for the appropriate DoD 
office through the following website: www.FOIA.gov. Signed written 
requests should contain the name and number of this system of records 
notice along with the full name, current address, and email address of 
the individual. 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:
    Individuals seeking to amend or correct the content of records 
about them should follow the procedures in 32 CFR part 310.

NOTIFICATION PROCEDURES:
    Individuals seeking to determine whether information about 
themselves is contained in this system of records should follow the 
instructions for Record Access Procedures above.

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    The DoD has exempted records maintained in this system from 5 
U.S.C. 552a(c)(3); (d)(1)-(4); (e)(1), (e)(4)(G), (H), and (I); and (f) 
of the Privacy Act, pursuant to 5 U.S.C. 552a(k)(1). In addition, when 
exempt records received from other systems of records become part of 
this system, the DoD also claims the same exemptions for those records 
that are claimed for the system(s) of records from which they 
originated and claims any additional exemptions set forth here. An 
exemption rule for this system has been promulgated in accordance with 
the requirements of 5 U.S.C. 553(b)(1), (2), and (3), and (c), and 
published in 32 CFR part 310.

HISTORY:
    None.

[FR Doc. 2022-18986 Filed 9-1-22; 8:45 am]
BILLING CODE 5001-06-P