2024-11900. Privacy Act of 1974; System of Records

AGENCY:

Office of the Secretary of Defense, Department of Defense (DoD).

ACTION:

Notice of a modified system of records.

SUMMARY:

In accordance with the Privacy Act of 1974, the DoD is modifying and reissuing a current system of records titled, “Adjunct Faculty Information Database, DSCA 04.” This system of records was originally established by the Defense Security Cooperation Agency to collect and maintain records on adjunct faculty members on assignment with the Defense Institute of International Legal Studies (DIILS). This system of records notice (SORN) name is changing from “Adjunct Faculty Information Database” to “Adjunct Faculty Information Records.” In addition to the name change, this system is being updated to incorporate the DoD standard routine uses. The DoD is also modifying various other sections within the SORN to improve clarity or update information that has changed.

DATES:

This system of records is effective upon publication; however, comments on the Routine Uses will be accepted on or before July 1, 2024. The Routine Uses are effective at the close of the comment period.

ADDRESSES:

You may submit comments, identified by docket number and title, by either 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:

Teresa D. Simpson, Component Privacy Officer, Defense Security Cooperation Agency (DSCA), Office of General Counsel, 220 12th Street South, Suite 103, Arlington, VA 22202, [e-mail], [phone].

SUPPLEMENTARY INFORMATION:

I. Background

The DIILS supports U.S. foreign policy and national security policy with rule of law training and education focused on human rights, international humanitarian law, and the law of armed conflict. The data will also be used as a resource for future travel and training assignments, as a record of adjunct assignments and a basis to identify training requirements for the adjunct faculty. Subject to public comment, the DoD is updating this SORN to add the standard DoD routine uses (A through J). Other modifications are to the following sections: (1) System name change from “Adjunct Faculty to Information Database” to “Adjunct Faculty Information Records,” (2) System Manager to update the contact information, (3) Authority for Maintenance of the System to update citation(s); (4) Purpose of the System to improve clarity; (5) Categories of individuals to clarify the individuals covered by the systems; (6) Records Source Categories to add additional sources; (7) Policies and Practices For Retrieval of Records for clarity; (8) to the Retention and Disposition section to reflect the approved disposition; and (9) to the Record Access, Notification, and Contesting Record Procedures, to reflect the updated guidance for accessing records and to update the appropriate citation for contesting records. Furthermore, this notice includes non-substantive changes to simplify the formatting and text of the previously published notice.

DoD SORNs have been published in the Federal Register and are available from the address in FOR FURTHER INFORMATION CONTACT or at the Privacy and Civil Liberties Directorate website at https://dpcld.defense.gov/​privacy.

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, OATSD(PCLT) has provided a report of this system of records to the OMB and to Congress.

Dated: May 24, 2024.

Aaron T. Siegel,

Alternate OSD Federal Register Liaison Officer, Department of Defense.

SYSTEM NAME AND NUMBER:

Adjunct Faculty Information Records, DSCA 04.

SECURITY CLASSIFICATION:

Unclassified.

SYSTEM LOCATION:

Defense Institute of International Legal Studies (DIILS), 441 Elliot Avenue, Newport, RI 02841-1531.

SYSTEM MANAGER(S):

Program Support Specialist, Curriculum Department, Defense Institute of International Legal Studies, 441 Elliot Avenue, Newport, RI 02841-1531, email: [e-mail].

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

10 U.S.C. 113, Secretary of Defense; 10 U.S.C. 134, Under Secretary of Defense for Policy; 22 U.S.C. Chapter 32, Foreign Assistance; Department of Defense Directive 5105.65, Defense Security Cooperation Agency (DSCA); Department of Defense Directive 5132.03, DoD Policy and Responsibilities Relating to Security Cooperation; and E.O. 9397 (SSN), as amended.

PURPOSE(S) OF THE SYSTEM:

Defense Institute of International Legal Studies (DIILS) supports U.S. foreign policy and national security policy with rule of law training and education focused on human rights, international humanitarian law, and the law of armed conflict. The purpose of Adjunct Faculty system of records is to collect supplied information from qualified adjunct faculty members to prepare for their overseas travel assignments as well as maintain a record of their qualifications for participation in future training programs. This data will also be used as a resource for future travel and training assignments, as a record of adjunct assignments and a basis to identify training requirements for the adjunct faculty.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:

Adjunct faculty members on assignment with the Defense Institute of International Legal Studies. Such individuals include Military ( e.g., Active, National Guard, Reserve, and Coast Guard), civilian and contractor employees, and private sector personnel.

CATEGORIES OF RECORDS IN THE SYSTEM:

Name, date and place of birth, Social Security Number (SSN), home and work addresses, work, fax, home and personal cell phone numbers, U.S. Government credit card number, personal and alternative email addresses, pay grade, military status ( e.g., military rank, branch of service, retired and reserves), security clearance and current status, passport information, language capability, self-rating/level of expertise and abilities, training completed ( e.g., trafficking in persons, human rights, code of conduct, etc.), biography, and professional references.

RECORD SOURCE CATEGORIES:

Records and information stored in this system of records are obtained from individuals.

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, 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 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 statute or treaty.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:

Records are maintained in paper and electronic storage media.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:

Records may be retrieved by name and SSN.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:

Temporary. Cut off and destroy when no longer needed.

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:

Records are maintained in a controlled facility. Physical entry is restricted by the use of locks, guards, and is accessible only to authorized personnel. Access to records is limited to person(s) responsible for servicing the record in performance of their official duties and who are properly screened and cleared for need-to-know. Access to computerized data is restricted by centralized access control to include the use of Common Access Cards (CAC), passwords (which are changed periodically), file permissions, firewalls, and intrusion alert systems, including the use of a “block out” restriction feature when viewing SSNs.

RECORD ACCESS PROCEDURES:

Individuals seeking access to records about themselves contained in this system should address written inquiries to the Office of the Secretary of Defense/Joint Staff Freedom of Information Act Requester Service Center, 1155 Defense Pentagon, Washington, DC 20301-1155. The requester must provide their full name, current address and telephone number, and the number of this system of records notice and be signed.

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:

The DoD rules for accessing records, contesting contents, and appealing initial Component 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 of records should follow the instructions for Record Access Procedures above.

EXEMPTIONS PROMULGATED FOR THE SYSTEM:

None.

HISTORY:

September 9, 2016, 81 FR 62487; June 07, 2013, 78 FR 34352.