Federal Register, Volume 83 Issue 243 (Wednesday, December 19, 2018)

[Federal Register Volume 83, Number 243 (Wednesday, December 19, 2018)]
[Notices]
[Pages 65158-65161]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-27416]

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

DEPARTMENT OF DEFENSE

Office of the Secretary

[Docket ID: DoD-2018-OS-0100]

Privacy Act of 1974; System of Records

AGENCY: Office of the Secretary of Defense, DoD.

ACTION: Notice of a modified system of records.

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

SUMMARY: The Office of the Secretary of Defense proposes to modify a
system of records, DoD Postsecondary Education Complaint System, DPR 44
DoD. This system of records provides Uniformed Service Members,
spouses, other family members the opportunity to file formal complaints
when educational institutions fail to ensure that Federal military and
veterans educational benefits programs are providing Service members,
veterans, spouses, and other family members with information, support,
and protections. This system of records is being modified to add more

[[Page 65159]]

protections to ensure the privacy of each individual who submits a
complaint, and when a complaint is submitted on behalf of an
individual.

DATES: Comments will be accepted on or before January 18, 2019. This
proposed action will be effective on the date following the end of the
comment period unless comments are received which result in a contrary
determination.

ADDRESSES: You may submit comments, identified by docket number and
title, by any of the following methods:
Federal Rulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
Mail: Department of Defense, Office of the Chief
Management Officer, Directorate of 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 http://www.regulations.gov as they are received without change,
including any personal identifiers or contact information.

FOR FURTHER INFORMATION CONTACT: Ms. Luz D. Ortiz, Chief, Records,
Privacy and Declassification Division (RPDD), 1155 Defense Pentagon,
Washington, DC 20301-1155, or by phone at (571) 372-0478.

SUPPLEMENTARY INFORMATION: The Office of the Secretary of Defense
proposes to modify a system of records subject to the Privacy Act of
1974 (5 U.S.C. 552a). E.O. 13607, Establishing Principles of Excellence
for Educational Institutions Serving Service Members, Veterans,
Spouses, and Other Family Members, provides protections and enhances
resources and support tools available to Service members and veterans
using military tuition assistance and veterans using Post 9/11 and GI
Bill benefits to pursue a higher education. The E.O. requires the DoD
to ensure student protections are put into place for Service members,
spouses, and other adult family members and to promptly revise
regulations, instructions, guidance documents and memorandums of
understanding. Additionally, E.O. 13607 encourages Federal agencies to
expand oversight activities to better address military student concerns
and to ensure military students and veterans receive quality
educational opportunities in exchange for their federal education
benefits. To ensure DoD student protections, the E.O. also directs the
Secretaries of Defense, Veterans Affairs (VA), and Education, in
consultation with the Directors of the Consumer Financial Protection
Bureau (CFPB), the Department of Justice, and the Federal Trade
Commission to develop a centralized complaint process for students
receiving federal military and veteran educational benefits.
In July 2012, DoD and the aforementioned federal agencies designed
a complaint intake form to be utilized by both DoD and VA to meet the
Principles of Excellence (PoE) requirements. The DoD and VA intake
forms contain the same data elements with slight variations as
necessary to meet the requirements for both agencies respectively. DoD
developed its Postsecondary Education Complaint Management System
(PECS) to house the intake form and to monitor and manage incoming
complaints. The DoD implemented both the Postsecondary Education
Complaint Intake form (DD 2961) and the Postsecondary Education
Complaint Management System on January 30, 2014.
The Office of the Secretary of Defense 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 http://defense.gov/privacy. The proposed systems reports, as required by the Privacy Act
of 1974, as amended, were submitted on October 30, 2018, to the House
Committee on Oversight and Government Reform, the Senate Committee on
Homeland Security and Governmental Affairs, and the Office of
Management and Budget (OMB) pursuant to Section 6 to 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: December 13, 2018.
Shelly E. Finke,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
SYSTEM NAME AND NUMBER
DoD Postsecondary Education Complaint System (PECS), DPR 44 DoD.

SECURITY CLASSIFICATION:
Unclassified.

SYSTEM LOCATION:
Integrated Network Operations and Security Center-East (INOSC-E),
37 Elm Street, Langley AFB, VA 23665-2800.

SYSTEM MANAGER(S):
Director, Voluntary Education, Office of the Assistant Secretary of
Defense for Readiness (Force Education and Training), 1500 Pentagon,
Washington, DC 20301-1500, phone: 571-372-0864.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Executive Order (E.O.) 13607, Establishing Principles of Excellence
for Educational Institutions Serving Service Members, Veterans,
Spouses, and Other Family Members; and DoD Instruction (DoDI) 1322.25,
Voluntary Education Programs.

PURPOSE OF THE SYSTEM:
The DoD Postsecondary Education Complaint System (PECS) provides
Uniformed Service Members, spouses, other family members the
opportunity to file formal complaints when educational institutions
fail to follow the Principles of Excellence outlined in E.O. 13607. The
PECS serves as a collaborative environment that provides DoD personnel
the ability to track, manage and process submitted complaints in order
to meet the requirements of the E.O. and DoDI 1322.25. DoDI 1322.25
also establishes the need for PECS and instructs the Services on
handling PECS complaints. The PECS data may also be used to perform
statistical and program analysis.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Uniformed Service Members, spouses, other family members who file
formal complaints pursuant to E.O. 13607.

CATEGORIES OF RECORDS IN SYSTEM:
Name, complaint case ID, DoD Identification (DoD ID) number, pay
grade, address, country, phone number, age range, email address,
service affiliation (Service Member, spouse or family member, veteran),
service branch, service status, sponsor information (service status,
service branch, and pay grade), type of education benefits used, school
name and mailing address, level of study, amount of out-of-pocket
tuition or government tuition credit paid (academic year), education
center name, education center mailing address, complaint description
and resolution, name and contact information of person submitting
complaint on behalf of a covered individual.

[[Page 65160]]

RECORD SOURCE CATEGORIES:
Data is gathered from the individual or person submitting a
complaint on behalf of a covered individual.

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 5 U.S.C. 552a(b)(3) as follows:
a. To the Federal Trade Commission Consumer Sentinel Network for
access by the Departments of Veterans Affairs, Education, Justice, and
the Consumer Financial Protection Bureau for compliance with Executive
Order 13607, and potential enforcement efforts.
b. To schools listed in a complaint to aid in the resolution of a
case.
c. 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.
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 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 has confirmed that there has been a breach of the system of
records; (2) the DoD has determined that 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 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.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
Records are maintained in electronic storage media.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Information is retrieved by name or Complaint Case ID.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
System records are destroyed 3 years after the resolution of the
case. Copies of closed complaint cases are transferred to the Federal
Trade Commission Consumer Sentinel System.

ADMINISTRATIVE, PHYSICAL, AND TECHNICAL SAFEGUARDS:
Records are maintained on a guarded military installation in a
secure building in a controlled area accessible only to authorized
personnel. Physical entry is restricted by the use of cipher locks,
passwords and administrative procedures which are changed periodically.
The system is designed with access controls, comprehensive intrusion
detection and virus protection. The application is accessed only by
users who have authenticated with either DS Logon or Common Access Card
(CAC). Access to any records in the system is further restricted to CAC
authenticated users with role based privileges who require the data in
the performance of their official duties and complete the annual
information assurance and privacy training. Data is transmitted via
Transport Layer Security (TLS) and Secure Sockets Layer (SSL)
encryption to protect session information. Encrypted random tokens are
implemented to protect against session hijacking attempts.

RECORD ACCESS PROCEDURES:
Individuals seeking access to information about themselves
contained in this system of records should address written inquiries to
the Office of the Secretary of Defense/Joint Staff Freedom of
Information Act Requester Service Center, Washington Headquarters
Services/Executive Services Directorate, 4800 Mark Center Drive,
Alexandria, VA 22350-3100.
Signed, written requests must contain full name and/or Complaint
Case ID, and the system ID and name 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 OSD rules for accessing records and for contesting contents and
appealing initial agency determinations are published in OSD
Administrative Instruction 81; 32 CFR part 311; or may be obtained from
the system manager.

NOTIFICATION PROCEDURES:
Individuals seeking to determine whether information about
themselves is contained in this system of records should address
written inquiries to the Office of the Assistant Secretary of Defense
for Readiness (Force Education), 1500 Pentagon, Washington, DC 20301-
1500. Signed, written requests must contain full name and/or Complaint
Case ID, and the system ID and name 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:

[[Page 65161]]

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:
January 10, 2014, 79 FR 1840.

[FR Doc. 2018-27416 Filed 12-18-18; 8:45 am]
BILLING CODE 5001-06-P