[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]
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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.
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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