Privacy Act of 1974; System of Records, 37182-37184 [2024-09608]

Agencies

• DEPARTMENT OF DEFENSE
• Office of the Secretary

[Federal Register Volume 89, Number 88 (Monday, May 6, 2024)]
[Notices]
[Pages 37182-37184]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-09608]



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DEPARTMENT OF DEFENSE

Office of the Secretary

[Docket ID: DoD-2024-OS-0048]


Privacy Act of 1974; System of Records

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

ACTION: Notice of a new system of records.

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SUMMARY: In accordance with the Privacy Act of 1974, the DoD is 
establishing a new system of records titled, ``All-domain Anomaly 
Resolution and Anomalous Phenomena (AARO) Program Records,'' AARO-0001. 
This system of records describes the AARO's collection, use, and 
maintenance of correspondence and reports submitted from current or 
former U.S. government employees, service members, or contractors with 
direct knowledge of U.S. Government programs or activities related to 
Unidentified Anomalous Phenomenon (UAP) dating back to 1945. This 
system also includes correspondence and reports submitted from members 
of the general public and government-affiliated personnel on reported 
events related to UAP. The submitted information will be used to carry 
out AARO's mission, including to inform AARO's congressionally directed 
Historical Record Report. Additionally, DoD is issuing a direct final 
rulemaking, which will exempt this system of records from certain 
provisions of the Privacy Act, elsewhere in this issue of the Federal 
Register.

DATES: This system of records is effective May 6, 2024; however, 
comments on the Routine Uses will be accepted on or before June 5, 
2024. The Routine Uses take effect 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 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: Paul Plescow, Chief of Staff, All-
domain Anomaly Resolution Office, Office of the Deputy Secretary of 
Defense, 5000 Defense Pentagon, 3C949, Washington, DC 20301-5000, ATTN: 
AARO; [email protected]; phone 
703-693-6081.

SUPPLEMENTARY INFORMATION:

I. Background

    The All-domain Anomalous Resolution Office is an office within the 
Office of the Secretary of Defense charged with the mission to 
synchronize efforts across the DoD, and with other U.S. Federal 
departments and agencies, to detect, identify and attribute objects of 
interest in, on or near military installations, operating areas, 
training areas, special use airspace and other areas of interest, and, 
as necessary, to mitigate any associated threats to safety of 
operations and national security. This includes anomalous, unidentified 
space, airborne, submerged and transmedium objects. In furtherance of 
this mission, the AARO Report System covers the AARO's maintenance of 
correspondence and reports received from current or former U.S. 
government employees, service members, or contractor personnel with 
direct knowledge of U.S. Government programs or activities related to 
UAP dating back to 1945. This system also includes correspondence and 
reports received from members of the general public and government-
affiliated personnel on events related to UAP. The records include 
contact information and any other reported information voluntarily 
provided by submitters.
    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 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, DoD has provided a report of this 
system of records to the OMB and to Congress.

    Dated: April 29, 2024.
Aaron T. Siegel,
Alternate OSD Federal RegisterLiaison Officer, Department of Defense.

SYSTEM NAME AND NUMBER:
    All-domain Anomaly Resolution and Anomalous Phenomena Program 
Records,'' AARO-0001.

SECURITY CLASSIFICATION:
    Unclassified; Classified.

SYSTEM LOCATION:
    All-domain Anomaly Resolution Office, Office of the Deputy 
Secretary of Defense, 5000 Defense Pentagon, 3C949, Washington, DC 
20301-5000. 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 manager for this system of records is the Chief of 
Staff, All-domain Anomaly Resolution Office, Office of the Deputy 
Secretary of Defense, 5000 Defense Pentagon, 3C949, Washington, DC 
20301-5000, ATTN: AARO; [email protected]; phone 703-693-6081.

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; Section 1673 of the National 
Defense Authorization Act for Fiscal Year 2023 (Pub. Law 117-263).

PURPOSE(S) OF THE SYSTEM:
    A. To manage records maintained in furtherance of AARO's mission, 
including to synchronize efforts across the DoD and with other U.S. 
Federal departments and agencies to detect, identify, and attribute 
objects of interest in, on or near military installations, operating 
areas, training areas, special use airspace and other areas of 
interest, and, as necessary, to mitigate any associated threats to 
safety of operations and national security. This includes anomalous, 
unidentified space, airborne, submerged and transmedium objects.

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    B. To document, manage, track, and oversee correspondence and 
reports from current or former U.S. government employees, service 
members, or contractor personnel with direct knowledge of U.S. 
Government programs or activities related to UAP dating back to 1945.
    C. To document, manage, track, and oversee correspondence and 
reports from the general public and Government-affiliated personnel 
concerning events related to UAP.
    D. To track and report data, conduct research and statistical 
analysis, and evaluate program effectiveness.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    A. Current or former U.S. Government employees, uniformed service 
members, and contractor personnel with direct knowledge of U.S. 
Government programs or activities related to UAP dating back to 1945 or 
who report any event related to UAP;
    B. Members of the general public and Government-affiliated 
personnel who provide correspondence or reports concerning events 
related to UAP.

CATEGORIES OF RECORDS IN THE SYSTEM:
    A. Personal information including: Name, DoD ID number, home and 
email addresses, phone numbers, U.S. Government or contractor 
employment status, driver's license ID information, security clearance 
information.
    B. Information related to UAPs including: correspondence and 
reports of events related to UAP, event description or narrative, 
location relative to the observer, any reported health implications 
related to UAP, metadata, night vision camera footage, characteristics, 
including physical state (e.g., size shape, color), observer's 
assessment of the UAP, including the nature of the phenomenon and 
whether it was benign, hazard, or a threat, imagery and metadata from 
photography or recording devices, including mobile phones, and 
analytical products related to submitted correspondence and reports. 
The specific types of data in these records may vary widely depending 
on the nature of the individual's report or correspondence.

RECORD SOURCE CATEGORIES:
    Records and information maintained in this system of records are 
obtained from the individuals; some records may also be obtained from 
other systems or databases maintained by other DoD or OSD components or 
other agencies.

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 of 1978, as amended.
    J. To such recipients and under such circumstances and procedures 
as are mandated by Federal statute, treaty, or other international 
agreement.
    K. To an authorized appeal or grievance examiner, formal complaints 
examiner, equal employment opportunity investigator, arbitrator, or 
other duly authorized official engaged in investigation or settlement 
of a grievance, complaint, or appeal filed by an employee.
    L. To appropriate Federal, State, local, territorial, tribal, 
foreign, or international agencies for the purpose of scientific study 
or 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.

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 and case number, or combination of 
both.

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POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
     Disposition pending; until the National Archives and Records 
Administration has approved the retention and disposition schedule, 
treat as permanent.

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 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 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 
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), (2), (3), and (4); (e)(1); (e)(4)(G), (H), 
and (I); and (f) 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 prior system(s) of records of which they were 
a part, and claims any additional exemptions set forth here. An 
exemption rule for this system has been promulgated in accordance with 
requirements of 5 U.S.C. 553(b)(1), (2), and (3), (c), and published in 
32 CFR part 310.

HISTORY:
    None.

[FR Doc. 2024-09608 Filed 5-3-24; 8:45 am]
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