[Federal Register Volume 85, Number 248 (Monday, December 28, 2020)]
[Notices]
[Pages 84316-84319]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-26548]


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

DEPARTMENT OF DEFENSE

Office of the Secretary

[Docket ID DoD-2020-OS-0097]


Privacy Act of 1974; System of Records

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

ACTION: Notice of a new system of records.

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

SUMMARY: In accordance with the Privacy Act of 1974, the DoD proposes 
to establish a new system of records covering all DoD components 
titled, ``Defense Training Records'' DoD 0005. This system of records 
describes the DoD's collection, use, and maintenance of records about 
training delivered to DoD Service Members, civilian personnel, and 
other DoD-affiliated individuals. The training data includes enrollment 
and participation information, information pertaining to class 
schedules, programs, and instructors, training trends and needs, 
testing and examination materials, and assessments of training 
efficacy. Additionally, the DoD is issuing a Notice of Proposed 
Rulemaking, which proposes to exempt this system of records from 
certain provisions of the Privacy Act, elsewhere in today's issue of 
the Federal Register.

DATES: This new system of records is effective upon publication; 
however, comments on the Routine Uses will be accepted on or before 
January 27, 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: The 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. Lyn Kirby, Defense Privacy, Civil 
Liberties, and Transparency Division, Directorate for Oversight and 
Compliance, Department of Defense, 4800 Mark Center Drive, Mailbox #24, 
Suite 08D09, Alexandria, VA 22350-1700; [email protected]; (703) 571-
0070.

SUPPLEMENTARY INFORMATION: The Defense Training Records system of 
records is being established as a DoD-wide Privacy Act system of 
records for use by all DoD offices and components. A DoD-wide system of 
records notice (SORN) supports multiple DoD paper or electronic 
recordkeeping systems operated by more than one DoD component and 
maintain the same kind of information about individuals for the same 
purpose. Establishment of DoD-wide SORNs helps the 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 this 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.
    This system of records describes training records created and 
maintained by all component parts of DoD, wherever they are maintained. 
The system consists of both electronic and paper records and will be 
used by DoD components and offices to maintain records about training 
provided to DoD-affiliated individuals, including Military Service 
members, civilian employees, dependents and family members, 
contractors, and other individuals enrolled in courses administered by 
the DoD. These records may include information pertaining to class 
schedules, enrollment, participation, programs, and instructors; 
training trends and needs; testing and examination materials; and 
assessments of training efficacy. The collection and maintenance of 
this information will assist the DoD in meeting its obligations under 
law, regulation, and policy to provide training on various subjects to 
ensure that the agency mission can be successfully accomplished. 
Records pertaining to diploma or degree-conferring institutions, such 
as the military academies (United States Military Academy, United 
States Naval Academy, United States Air Force Academy, United States 
Marine Academy), the DoD Education Activity Schools, Uniformed Service 
University of the Health Sciences, and the National Defense University, 
are not part of this system of records.
    Additionally, the DoD is issuing a Notice of Proposed Rulemaking to 
exempt this system of records from certain provisions of the Privacy 
Act elsewhere in today's issue of the Federal Register.
    The DoD 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 https://dpcld.defense.gov.
    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: November 25, 2020.
Aaron T. Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.

SYSTEM NAME AND NUMBER:
    Defense Training Records, DoD 0005.

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, at which electronic or 
paper training records may be

[[Page 84317]]

maintained. 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 as follows:
    A. Program Manager, Advanced Distributed Learning Initiative, 
Office of the Assistant Secretary of Defense for Readiness, 4000 
Defense Pentagon, Washington, DC 20301-4000, whs-mc-alex.esd.mbx.osd-js-foia-requester-service-center@mail.mil.
    B. Commander, Air Education and Training Command (AETC), Joint Base 
San Antonio-Randolph, TX, (703) 693-2735.
    C. Commander, U.S. Army Training Support Center (USATSC), 1900 
Jackson Lane, Fort Eustis, VA 23604-5166, (571) 515-0306.
    D. Executive Director, Naval Education and Training Command (NETC), 
Learning and Development, 250 Dallas Street, Pensacola, FL 32508, 
[email protected].
    E. Commanding General, United States Marine Corps, Training and 
Education Command (TECOM), 1019 Elliot Road, Quantico, VA 22134-5010, 
(703) 614-4008.
    For Combatant Commands, or other Defense Agencies, the system 
manager can be found at: www.FOIA.gov under the DoD component with 
oversight of the records.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    5 U.S.C. Chapter 41, Training; 5 CFR part 410, Office of Personnel 
Management-Training; E.O. 11348, Providing for the Further Training of 
Government Employees, as amended by E.O. 12107, Relating to the Civil 
Service Commission and Labor-Management in the Federal Service; 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. 1746 Defense Acquisition 
University; 10 U.S.C.1747, Acquisition Fellowship Program; DoD 
Instruction 1215.08 Senior Reserve Officers Training Corp Programs; DoD 
Directive 1322.18, Military Training; DoD Directive 1322.08E, Voluntary 
Education Programs for Military Personnel; DoD Instruction 1322.26, 
Distributed Learning; DoD Instruction 1322.25, Voluntary Education 
Program; DoD Instruction 1322.9, Job Training, Employment Skills 
Training, Apprenticeships, and Internships (JTEST-AI) for Eligible 
Service Members; DoD Instruction 1430.16, Growing Civilian Leaders; DoD 
Instruction 5132.13, Staffing of Security Cooperation Organizations 
(SCOs) and the Selection and Training of Security Cooperation 
Personnel; DoD Instruction 1215.21, Reserve Component (RC) Use of 
Electronic-based Distributed Learning; Directive-Type Memorandums 13-
004, Operation of the DoD Financial Management Certification Program 
Methods for Training; and DoD Instruction 1015.2, Military Morale, 
Welfare and Recreation (MWR), DoD Instruction 1300.26, Operation of the 
DoD Financial Management Certification Program; and E.O. 9397.

PURPOSE(S) OF THE SYSTEM:
    a. To support DoD training as may be required by law and policy, as 
well as for mission, professional development, and employment purposes.
    b. To track individual training and professional development, 
including enrollment, participation and completion information; and 
class schedules, programs, and instructors.
    c. To track training and professional development trends and needs, 
testing and examination materials, credentialing, promotional 
decisions, career development planning, and assessments of professional 
competencies and training efficacy.
    d. To determine eligibility for enrollment/attendance, and 
facilitate post-training job referrals and placement.
    e. To monitor and track the expenditure of training and related 
travel funds, and training-related contract management.
    f. To facilitate the compilation of statistical information about 
training.
    g. To fulfill regulatory requirements to report civilian employee 
training to the Office of Personnel Management.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    DoD-affiliated individuals enrolled in training sponsored or 
administered by DoD, including: Military Service members (active duty, 
Guard/Reserve, cadets and midshipmen, Public Health Services, and the 
Coast Guard personnel when operating as a Military Service with the 
Navy), DoD civilian employees (including non-appropriated fund 
employees and DoD Outside the Contiguous United States hires, also 
known as local national employees), dependents and family members of 
the above, contractors, personnel of other government agencies, and 
other individuals affiliated with the DoD.

CATEGORIES OF RECORDS IN THE SYSTEM:
    a. Personal information, such as name, Social Security number 
(SSN), DoD ID Number, or other DoD assigned student or educational ID 
number, date and place of birth, gender, citizenship, driver's license, 
photograph, email address(es), personal and duty phone numbers, 
emergency contact information, race and ethnic origin, religious 
preference collected to support the placement of chaplain at 
appropriate locations.
    b. Employment information, such as employment status, duty 
position, service component, branch, personnel classification, security 
clearance, grade/rank/series, military status, military occupational 
specialty, official orders, unit of assignment, occupation, and other 
organizational affiliation information.
    c. Select Personal Health Information, such as medical profiles, 
physical examinations, psychological test record for special assignment 
eligibility, and disability information collected to consider or 
provide accommodations to students during training.
    d. Course and training data, such as nomination forms, instructor 
lists, examination and course completion status, professional 
development, worksheets, training waivers, student identification 
number, course descriptions and schedules, enrollment and participation 
information, graduation dates, examination and testing materials, 
grades and student evaluations, aptitudes and personal qualities, 
course and instructor critiques, date graduated or eliminated with 
reasons for elimination, and information pertaining to training trends, 
needs, and assessments.
    e. Equipment issued to trainees and other training participants, 
and other reports pertaining to training, such as credit hours 
accumulated, assignment history, curricula, and individual goals.
    f. Professional development information, to include, mentor 
agreements, evaluations and performance documentations, career 
development planning, background and biographical information, civilian 
and military education information, and certifications.
    g. Educational information, such as degree, major/minor, grade 
point average, institution name, academic status, and transcripts.
    h. Financial information, such as payment records, and travel and 
other expenditures related to the training.

    NOTE:  Records pertaining to diploma and degree-conferring 
institutions, such as the military academies (United States Military 
Academy, United States Naval Academy, United States Air Force 
Academy, United States Marine Academy); the DoD Education Activity 
Schools, Uniformed Service

[[Page 84318]]

University of the Health Sciences, and the National Defense 
University, are not part of this system of records

RECORD SOURCE CATEGORIES:
    a. Individuals applying for or undergoing training, mentors, 
supervisors, instructors, and facilitators.
    b. Academic institutions and/or other organizations supporting the 
development or delivery of DoD training, including training offered to 
select DoD personnel by the Intelligence Community.
    c. All DoD databases flowing into or accessed through the following 
integrated data systems, environments, applications, and tools: the 
Defense Civilian Human Resources Management System (DCHRMS), Military 
Personnel (MILPERS), Department of Defense Voluntary Education System 
(DODVES), Defense Enrollment Eligibility Reporting System (DEERS), Army 
Training Requirement and Resources System (ATRRS), Total Workforce 
Management System (TWMS), Career Acquisition Personnel & Position 
Management Information System (CAPPMIS), Defense Civilian Personnel 
Data System (DPCPDS), Acquisition Career Management System (ACMS), 
Joint Personnel Adjudication System (JPAS), Medical Protection System 
(MEDPROS), and Management Information System (MIS II).
    d. Other DoD learning management systems, the data from which data 
is migrated into the DoD Enterprise Learning Modernization System.
    e. Other federal government learning and student management 
systems, such as the Department of Education Postsecondary Education 
Participants System (PEPS), and State Departments of Education and 
their grant recipients.

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 such recipients and under such circumstances and procedures 
as are mandated by Federal statute or treaty.
    j. To the Office of Personnel Management to satisfy requirements to 
submit civilian employee training data in accordance with 5 CFR part 
410.
    k. To a Federal, State, tribal, local or foreign government agency 
or professional licensing authority in response to its request, in 
connection with the hiring or retention of an employee, the issuance of 
a security clearance, the reporting of an investigation of an employee, 
the letting of a contract, or the issuance or status of a license, 
grant, or other benefit by the requesting entity, to the extent that 
the information is relevant and necessary to the requesting entity's 
decision on the matter.
    l. To educational institutions or training facilities for purposes 
of enrollment and verification of employee attendance and performance.
    m. To the Equal Employment Opportunity Commission, Merit Systems 
Protection Board, Office of the Special Counsel, Federal Labor 
Relations Authority, or Office of Personnel Management or to 
arbitrators and other parties responsible for processing any personnel 
actions or conducting administrative hearings or appeals, or if needed 
in the performance of authorized duties.
    n. To the Department of Justice or a consumer reporting agency for 
further action on a delinquent debt when circumstances warrant.
    o. To employers to the extent necessary to obtain information 
pertinent to the individual's fitness and qualifications for training 
and to provide training status.
    p. To the United States Coast Guard Voluntary Education Program 
Office for the purpose of education counseling, financial management, 
and funds disbursement.
    q. To a public or professional licensing organization when such 
information indicates, either by itself or in combination with other 
information, a violation or potential violation of professional 
standards, or reflects on the moral, educational, or professional 
qualifications of an individual who is licensed or who is seeking to 
become licensed.

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. The records may be 
stored on magnetic disc, tape, and digital media.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    Records may be retrieved by name, agency, birth date, SSN, DoD ID

[[Page 84319]]

number, or other DoD assigned student or educational ID number.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    a. Non-mission employee training program records are maintained and 
disposed in accordance with National Archives and Records 
Administration General Records Schedule 2.6.
    b. Mission-related training records are maintained and disposed in 
accordance with National Archives and Records Administration Schedules. 
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 safeguard 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 has 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 DoD office with oversight of the records. The public 
may identify 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, 
identifier (i.e., DoD ID Number or Defense Benefits Number), date of 
birth, current address, and telephone number 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:
    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 managers(s). Signed written requests should 
contain the full name, identifier (i.e., DoD ID Number or DoD Benefits 
Number), date of birth, and current address and telephone number 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).''

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    The DoD has exempted records maintained in this system from 5 
U.S.C. 552a(c)(3) and (d) of the Privacy Act, pursuant to 5 U.S.C. 
552a(k)(1) and (k)(6). 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 
original primary systems 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. 2020-26548 Filed 12-23-20; 8:45 am]
BILLING CODE 5001-06-P