[Federal Register Volume 85, Number 59 (Thursday, March 26, 2020)]
[Notices]
[Pages 17047-17049]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-06344]
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DEPARTMENT OF DEFENSE
Office of the Secretary
[Docket ID: DOD-2020-OS-0033]
Privacy Act of 1974; System of Records
AGENCY: Office of the Secretary, Department of Defense (DoD).
ACTION: Notice of a modified System of Records.
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SUMMARY: The Office of the Secretary of Defense (OSD) is modifying the
DoD Personnel Accountability and Assessment System, DPR 39 DoD, for the
purpose of more clearly covering records that may be maintained in
response to public health and safety events or other similar
emergencies such as Coronavirus Disease 2019 (COVID-19). The DoD
blanket routine uses were removed and replaced with specific routine
uses that explain the entities to which disclosures would be made.
DATES: This System of Records Modification is effective upon
publication; however comments on the Routine Uses will be accepted on
or before April 27, 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: Department of Defense, Office of the Chief Management
Officer, Directorate for Oversight and Compliance, 4800 Mark Center
Drive, 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: Ms. Cindy Allard, Chief, Defense
Privacy, Civil Liberties and Transparency Division, 4800 Mark Center
Drive, Mailbox #24, Suite 08D09, Alexandria, VA 22350-1700, or by phone
at (703) 571-0070.
SUPPLEMENTARY INFORMATION: In quick response to the changing situation
regarding COVID-19, the OSD is modifying this System of Records Notice
to include the necessary information needed in order to decrease the
community spread of this disease within the DoD community. The OSD
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 from the Defense
Privacy, Civil Liberties, and Transparency Division website at https://dpcld.defense.gov.
The proposed system reports, as required by the Privacy Act, as
amended, were submitted on March 20, 2020, to the House Committee on
Oversight and Reform, the Senate Committee on Homeland Security and
Governmental Affairs, and the Office of Management and Budget (OMB)
pursuant to Section 6 of OMB Circular No. A-108, ``Federal Agency
Responsibilities for Review, Reporting, and Publication under the
Privacy Act,'' revised December 23, 2016 (December 23, 2016, 81 FR
94424).
Dated: March 23, 2020.
Aaron T. Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
SYSTEM NAME AND NUMBER:
DoD Personnel Accountability and Assessment System, DPR 39 DoD.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Decentralized locations include the DoD Components staff and field
operating agencies, major commands, installations, and activities.
SYSTEM MANAGER(S):
Senior Program Manager for Casualty and Mortuary Affairs, Office of
the Under Secretary of Defense (Personnel & Readiness), Deputy Under
Secretary of Defense for Military Community and Family Policy, 4000
Defense Pentagon, Washington DC 20301-4000; DoD Components including
the Office of the Secretary of Defense, Departments of the Army, Air
Force, and Navy and staffs, field operating agencies, major commands,
installations, and activities.
The Privacy Act responsibilities concerning access, amendment, and
disclosure of the records within this system notice have been delegated
to the employing DoD components.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
10 U.S.C. 113, Secretary of Defense; 10 U.S.C. 136, Under Secretary
of Defense for Personnel and Readiness; 10 U.S.C. 7013, Secretary of
the Army; 10 U.S.C. 8013, Secretary of the Navy; 10 U.S.C. 9013,
Secretary of the Air Force; 10 U.S.C. 2672, Protection of Buildings,
Grounds, Property, and Persons; DoD Instruction 3001.02, Personnel
Accountability in Conjunction with Natural or Manmade Disasters; DoD
Instruction 6200.03, Public Health Emergency Management (PHEM) Within
the DoD; DoD Instruction 6055.17, DoD Emergency Management (EM)
Program; and E.O. 9397 (SSN), as amended.
[[Page 17048]]
PURPOSE(S) OF THE SYSTEM:
To accomplish personnel accountability for and status of DoD-
affiliated personnel in a natural or man-made disaster or public health
emergency, or when directed by the Secretary of Defense. Such events
could include severe weather events, acts of terrorism or severe
destruction, pandemics or major public health outbreaks, and similar
crises. This system will document the individuals' check-in data or
other information that is self-reported or provided by third parties
(e.g., supervisors or commanders) if necessary to maintain
accountability or inform agency responses to emergencies, including the
safety and protection of the workforce. The DoD Components may also
collect information about DoD personnel and their dependents for needs
and status assessments as a result of the natural or man-made disaster,
public health emergency, similar crisis, or when directed by the
Secretary of Defense. The DoD Components may also use accountability
data for accountability and assessment reporting exercises.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
DoD-affiliated personnel to include: Military Service members
(active duty, Guard/Reserve and the Coast Guard personnel when
operating as a Military Service with the Navy), civilian employees
(including non-appropriated fund employees), dependents and family
members of the above, and contractors or other individuals working at
or requiring access to DoD facilities.
CATEGORIES OF RECORDS IN THE SYSTEM:
Subject individual's full name, Social Security Number (SSN), DoD
Identification Number (DoD ID Number), DoD affiliation, date of birth,
duty station address and telephone numbers, home and email addresses,
and telephone numbers (to include cell number). Emergency Data
information may include spouse's name and address; children's names,
dates of birth, address and telephone number; parents' names, addresses
and telephone numbers; or emergency contact's name and address. The DoD
Components may request information to assess the needs and status of
affiliated personnel. Such information may include a needs and status
assessment to help determine any specific emergent needs; the date of
the assessment; the type of event and category classification; a
Federal Emergency Management Agency (FEMA) number, if issued; and other
information about individuals if necessary to maintain personnel
accountability or inform agency responses to emergencies, such as
travel and health-related information covered under the Privacy Act.
Personal information maintained will be the minimum necessary in order
to accomplish the accountability and/or emergency response mission in
accordance with the Privacy Act of 1974 and DoDI 5400.11, consistent
with applicable law.
RECORD SOURCE CATEGORIES:
Individuals, supervisors or commanders, other Federal Agencies, and
Defense Manpower Data Center (DEERS database).
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, these records may specifically be
disclosed outside 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 Office of Personnel Management (OPM) for the purpose of
addressing civilian pay and leave, benefits, retirement deduction, and
any other information necessary for the OPM to carry out its legally
authorized government-wide personnel management functions and studies.
c. To State and local taxing authorities with which the Secretary
of the Treasury has entered into agreements under 5 U.S.C. 5516, 5517,
or 5520 and only to those state and local taxing authorities for which
an employee or military member is or was subject to tax, regardless of
whether tax is or was withheld. The information to be disclosed is
information normally contained in Internal Revenue Service (IRS) Form
W-2.
d. To any person, organization or governmental entity (e.g., other
Federal, State, territorial, local, or foreign, or international
governmental agencies or entities, first responders, American Red
Cross, etc.), as is necessary and relevant to notify them of, respond
to, or guard against a serious and imminent terrorist or homeland
security threat, natural or manmade disaster, public health emergency,
or other similar crisis, including for the purpose of enabling
emergency service personnel to locate an individual.
e. To such recipients and under such circumstances and procedures
as are mandated by Federal statute or treaty.
f. To the news media and the public unless it is determined that
release of the specific information in the context of a particular case
would constitute an unwarranted invasion of personal privacy.
g. 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.
h. 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.
i. 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.
j. 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.
k. 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.
l. 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.
m. 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
[[Page 17049]]
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 stored in hard copy and electronic media.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Individual's name, DoD ID Number, Social Security Number (SSN), or
date of birth.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
The Military Departments, Joint Chiefs of Staff and OSD all retain
in accordance with their individual Records and Information Management
retention schedules.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
DoD Components will ensure that paper and electronic records
collected and used are maintained in controlled areas accessible only
to authorized personnel. Physical security differs from site to site,
but the automated records must be maintained in controlled areas
accessible only by authorized personnel. Access to computerized data is
restricted by use of common access cards (CACs) and passwords. These
are ``For Official Use Only'' records and are maintained in controlled
facilities that employ physical restrictions and safeguards such as
security guards, identification badges, key cards, and locks.
RECORD ACCESS PROCEDURES:
Individuals seeking access to records about themselves contained in
this System of Records should address written inquiries to their
employing DoD Component. The request should include the individual's
full name, DoD ID Number, SSN, home address, and be signed.
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 this System of Records
contains information about themselves should address written inquiries
to their employing DoD Component. The request should include the
individual's full name, DoD ID Number, SSN, home address, and be
signed.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
March 24, 2010, 75 FR 14141.
[FR Doc. 2020-06344 Filed 3-25-20; 8:45 am]
BILLING CODE 5001-06-P