[Federal Register Volume 87, Number 92 (Thursday, May 12, 2022)]
[Notices]
[Pages 29137-29140]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-10174]


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DEPARTMENT OF DEFENSE

Office of the Secretary

[Docket ID DoD-2022-OS-0051]


Privacy Act of 1974; System of Records

AGENCY: 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 Department-wide system of records titled, ``Defense 
Advisory Committees,'' DoD-0011. This system of records covers DoD's 
maintenance of records about proposed, appointed, and prior members of 
the DoD's Federal Advisory Committees, to include subcommittees, which 
are or not subject to the Federal Advisory Committee Act (FACA). 
Individuals may be appointed to serve on an advisory committee as a 
regular government employee, as a special government employee, or as a 
representative member when directed by statute. These records include 
information on individuals who applied to be on a committee/
subcommittee, were considered for, are currently serving on, and/or had 
previously served on a committee/subcommittee.

DATES: This system of records is effective upon publication; however, 
comments on the Routine Uses will be accepted on or before June 13, 
2022. 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 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: Ms. Rahwa Keleta, Privacy and Civil 
Liberties Division, Directorate for Privacy, Civil Liberties and 
Freedom of Information, Office of the Assistant to the Secretary of 
Defense for Privacy, Civil Liberties, and Transparency, Department of 
Defense, 4800 Mark Center Drive, Mailbox #24, Suite 08D09, Alexandria, 
VA 22350-1700; [email protected]; (703) 571-0070.

SUPPLEMENTARY INFORMATION:

I. Background

    DoD is establishing the Defense Advisory Committees, DoD-0011, as a 
DoD-wide Privacy Act system of records. A DoD-wide system of records 
notice (SORN) supports multiple DoD paper or electronic recordkeeping 
systems operated by more than one DoD component that maintain the same 
kind of information about individuals for the same purpose. 
Establishment of DoD-wide SORNs helps 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 DoD-wide SORNs is expected to make locating 
relevant SORNs easier for DoD

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personnel and the public, and create efficiencies in the operation of 
the DoD privacy program.
    The FACA is a Federal law that governs the establishment, 
operation, and termination of advisory committees. The FACA ensures the 
public's knowledge of and an opportunity to participate in meetings 
between Federal agencies and groups the agency either established or 
manages and controls for the purpose of obtaining group advice and 
recommendations regarding the agency's operations or activities. The 
FACA requires the charter of such groups, meetings announced in advance 
and open to the public, and the availability of work products to the 
public.
    This system of records will support relevant and appropriate 
offices and personnel, to include the DoD Advisory Committee Management 
Officer/who collects and preserves the required personally identifiable 
information necessary for proposed, appointed, and prior DoD advisory 
committee/subcommittee members. The system of records will consist of 
both electronic and paper records and will be used DoD-wide, for 
approved personnel, to maintain records of Federal government employees 
and other persons who participate in DoD-sponsored Federal advisory 
committees/subcommittees. The collection and maintenance of this 
information will enable DoD to maintain a list of members of its 
various Federal advisory committees/subcommittees subject to the FACA. 
This system of records will provide DoD with information on committee/
subcommittee membership balance, qualifications, functions, and 
required reporting. This information is especially pertinent to 
selection of who will serve as an advisory committee/subcommittee 
member.
    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 Freedom of Information 
Directorate 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: May 6, 2022.
Aaron T. Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.

SYSTEM NAME AND NUMBER:
    Defense Advisory Committees, DoD-0011.

SECURITY CLASSIFICATION:
    Unclassified.

SYSTEM LOCATION:
    Department of Defense (Department or DoD), located at Defense 
Pentagon, Washington, DC 20301-1950, and other Department 
installations, offices, or mission locations. 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. Advisory Committee Management Officer, Office of the Director of 
Administration and Management, 1950 Defense Pentagon, Washington, DC 
20301-1950.
    B. The Designated Federal Officer (DFO), serves as the system 
manager for individual DoD federal advisory committees. The contact 
information for the current DFO for each DoD committee can be found on 
https://www.facadatabase.gov/.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    10 U.S.C. 113, Secretary of Defense; 5 U.S.C., Appendix, as 
amended, Federal Advisory Committee Act (FACA); 14 U.S.C. 632, 
Functions and powers vested in the Commandant; 19 U.S.C. 2071 note, 
Establishment of Service; Commissioner; Appointment; 41 CFR 102.3.5 
through 102.3.185, Federal Advisory Committee Management; DoD 
Instruction 5105.04, Department of Defense Federal Advisory Committee 
Management Program; and E.O. 9397, Numbering System For Federal 
Accounts Relating To Individual Persons as amended;.

PURPOSE(S) OF THE SYSTEM:
    A. To collect and maintain information on DoD past, present, and 
proposed advisory committee/subcommittee members subject to the FACA.
    B. To identify the most qualified applicant and ensure a balanced 
advisory committee/subcommittee.
    C. To support studies, findings, and recommendations to the 
Secretary of Defense and the Deputy Secretary of Defense, through the 
advisory committee's sponsor, as identified in the committee's Charter.
    D. To conduct required oversight and compliance over DoD advisory 
committee/subcommittee appointments and actions.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Any individual who:
    A. Applied to be on a committee/subcommittee and was considered for 
a committee/subcommittee appointment.
    B. Currently serves on a committee/subcommittee.
    C. Previously served on a committee/subcommittee.
    Note: Individuals may be appointed to serve on an advisory 
committee pursuant to 41 CFR 102-3.130(a) as a regular government 
employee, pursuant to 5 U.S.C. 3109 as a special government employee, 
or as a representative member when directed by statute.

CATEGORIES OF RECORDS IN THE SYSTEM:
    The following categories of records may be collected:
    A. Personal information to include: Name; DoD ID numbers; place and 
date of birth; gender; ethnicity; biographical information; addresses; 
email address; telephone number(s); marital status; military service; 
education/degrees/certifications; and registration in professional 
societies.
    B. Employment information to include: Employer; title; work 
experience; professional awards; performance records; publications 
authored; DoD advisory committee/subcommittee membership and other 
board and committee memberships such as contractors or private 
organizations.
    C. Any other information collected to determine if an individual is 
qualified to serve on a committee/subcommittee.

RECORD SOURCE CATEGORIES:
    Records and information stored in this system of records are 
obtained from the individuals listed in Categories of Individuals, 
above.

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,

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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 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 (NARA) 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 
determined 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 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 some other review as 
authorized by the Inspector General Act.
    J. To such recipients and under such circumstances and procedures 
as are mandated by Federal statue or treaty.
    K. To the General Services Administration for the purpose of 
keeping Congress and the public informed about the existence, 
membership, and activities of advisory committees as authorized by the 
Federal Advisory Committee Act.
    L. To the Executive Office of the President, the Office of 
Management and Budget, or other agencies for coordination on advisory 
committee member selection.

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 individual's name or other personal 
identifier.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    The records of DoD Committees/Subcommittees are managed in 
accordance with General Record Schedule 6.2, Federal Advisory Committee 
Records, or other approved agency records disposition schedule.

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 DoD component with oversight of the records, as the 
component has Privacy Act responsibilities concerning access, 
amendment, and disclosure of the records within this system of records. 
The public may identify the contact information for 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, 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

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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:
    None.

HISTORY:
    None.

[FR Doc. 2022-10174 Filed 5-11-22; 8:45 am]
BILLING CODE 5001-06-P