83 FR 43857 - Privacy Act of 1974; System of Records

DEPARTMENT OF DEFENSE
Department of the Navy

Federal Register Volume 83, Issue 167 (August 28, 2018)

The Department of the Navy proposes to modify a system of records notice: Data Warehouse Business Intelligence System (DWBIS), N05220-1, to be compliant with the OMB Circular A-108; by updating contact information for the system manager; by expanding the categories of individuals covered by the system to include the Space and Naval Warfare Systems Command (SPAWAR) and its two systems centers; by updating the categories of records for these individuals, and by providing routine uses that are consistent within the Federal Government. This is necessary to allow a single system to be used for all of SPAWAR to manage workforce education, training, skills, and experience required for the development of its Acquisition Workforce, Cyber Security, and Information Warfare workforce.

[Federal Register Volume 83, Number 167 (Tuesday, August 28, 2018)]
[Notices]
[Pages 43857-43860]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-18587]


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DEPARTMENT OF DEFENSE

Department of the Navy

[Docket ID: USN-2018-OS-0013]


Privacy Act of 1974; System of Records

AGENCY: Department of the Navy, DoD.

ACTION: Notice of a modified system of records.

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SUMMARY: The Department of the Navy proposes to modify a system of 
records notice: Data Warehouse Business Intelligence System (DWBIS), 
N05220-1, to be compliant with the OMB Circular A-108; by updating 
contact information for the system manager; by expanding the categories 
of individuals covered by the system to include the Space and Naval 
Warfare Systems Command (SPAWAR) and its two systems centers; by 
updating the categories of records for these individuals, and by 
providing routine uses that are consistent within the Federal 
Government. This is necessary to allow a single system to be used for 
all of SPAWAR to manage workforce education, training, skills, and 
experience required for the development of its Acquisition Workforce, 
Cyber Security, and Information Warfare workforce.

DATES: Comments will be accepted on or before September 27, 2018. 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.

[[Page 43858]]

     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. Robin Patterson, Head, PA/FOIA 
Office (DNS-36), Department of the Navy, 2000 Navy Pentagon, 
Washington, DC 20350-2000, or by phone at (202) 685-6545.

SUPPLEMENTARY INFORMATION: In addition to the formatting changes 
required by OMB Circular A-108, this modification updates contact 
information for the system manager; expands the categories of 
individuals covered by the system to include the Space and Naval 
Warfare Systems Command (SPAWAR) and its two systems centers; updates 
the categories of records for these individuals, and provides routine 
uses that are consistent within the Federal Government. This is 
necessary to allow a single system to be used for all of SPAWAR under 
the same authorities used previously to manage workforce education, 
training, skills, and experience required for the development of its 
Acquisition Workforce, Cyber Security, and Information Warfare 
workforce.
    The Department of the Navy's 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://dpcld.defense.gov/privacy.
    The proposed systems reports, as required by the Privacy Act, as 
amended, were submitted on June 28, 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: August 23, 2018.
Shelly E. Finke,
Alternate OSD Federal Register, Liaison Officer, Department of Defense.
SYSTEM NAME AND NUMBER:
    Data Warehouse Business Intelligence System (DWBIS), N05220-1.

SECURITY CLASSIFICATION:
    Unclassified.

SYSTEM LOCATION:
    SPAWAR Systems Center Atlantic, Building 3148, 1 Innovation Drive, 
Hanahan, SC 29410-4200.

SYSTEM MANAGER(S):
    Commanding Officer, ATTN: Code 80E, SPAWARSYSCEN Atlantic, 1837 
Morris Street, Suite 3109B, Norfolk, VA 23511-3498, 
[email protected].

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    10 U.S.C. 5013, Secretary of the Navy; 10 U.S.C. Chapter 87, 
Defense Acquisition Workforce; DoD Instruction 5000.66, Defense 
Acquisition Workforce Education, Training, Experience, and Career 
Development Program; DoD Manual (DoDM) 5200.02, Procedures for the DoD 
Personnel Security Program (PSP); DoDM 8570.1, Information Assurance 
Workforce Improvement Program; SECNAV Manual (SECNAV M) 5239.2, DoN 
Cyberspace Information Technology and Cybersecurity Workforce 
Management and Qualification Manual; and SECNAV M-5510.30, Department 
of Navy Personnel Security Program.

PURPOSE(S) OF THE SYSTEM:
    This system is used to help SPAWAR manage its workforce education, 
training, and career development programs needed to support the design, 
development and deployment of key information warfare, business 
information technology and space systems for Naval and DoD programs as 
assigned to this system command. The system will also help SPAWAR 
document and manage the skills and experience necessary in its 
Acquisition, Cyber Security, and Information Warfare workforce to staff 
current and future programs and projects in its primary roles as a 
technical authority and an acquisition command.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Active duty and Reserve Naval personnel, DoN Civilians, and 
contractors currently employed by SPAWAR.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Name, work and alternate work address(es), DoD ID Number, billet 
number, ID number from the source system, Navy Enterprise Resource 
Planning (ERP) employee ID number, military rank or government series 
and grade, military occupation specialty (MOS) employee series and 
grade, date reported to command, duty station, work location, 
organizational code, organizational group, supervisor and their contact 
numbers, position title and pay plan, scheduling (hours per project), 
defense acquisition workforce coursework planned or completed, position 
level and continuous learning points required, Cyber Security Workforce 
membership including credentials, certifications held, and expiration 
date; contracting officer's representative status, certifications 
achieved, demonstrated proficiency levels earned under internal 
competency development model, projects or portfolio work assigned, 
credentials held on entry to the mid-career leadership program, 
security clearance held, award(s); education information including 
college courses applied for, college degrees held and institutions 
attended, professional certifications held; employee promotion(s), 
overseas tour begin and end date, number of years at current position 
or current tour end.
    Contractor's information, including user account information in 
Navy ERP by name and unique ID, government sponsor, and whether they 
are a current member of the command's Cyber Security Workforce for 
reporting purposes.

RECORD SOURCE CATEGORIES:
    SPAWAR Personnel Officers and Administrators, Navy Enterprise 
Resource Planning (Navy ERP), SPAWAR Directory Services (LDAP), Total 
Workforce Management Services (TWMS), Total Force Manpower Management 
System (TFMMS), DoN Director, Acquisition Career Management (eDACM), 
DoD Defense Civilian Personnel Data System (DCPDS)/Human Resources Link 
(HRLink), the Navy Enlisted System (NES), Officer Personnel Information 
System (OPINS).

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 
therein 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

[[Page 43859]]

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 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.
    c. 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.
    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 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.
    h. To appropriate agencies, entities, and persons when (1) the DoD 
suspects or confirms there is 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.
    i. 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.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    Records are maintained in electronic storage media, in accordance 
with the safeguards mentioned below.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    These records are retrieved primarily by name, work and/or (for 
former employees and contractors) home address, DoD ID Number, employee 
ID number, and/or unique ID.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    Records are maintained for 1 year after termination of employment 
or duty station, or when abstracted, or consolidated, whichever is 
earlier. Per guidance from the Secretary of the Navy M-5210.1 DON 
Records Management Manual, DoD ID will be retained for the purpose of 
trend analysis and will be destroyed when no longer needed for 
reference.

ADMINISTRATIVE, PHYSICAL, AND TECHNICAL SAFEGUARDS:
    Administrative safeguards: All persons who apply to access to this 
system are required to have completed annual cybersecurity training and 
hold an unexpired DoD Common Access Card (CAC) issued by the command. 
All users must provide a digitally signed OPNAV 5239/14 System 
Authorization Access Request Navy (SAAR-N) form digitally countersigned 
by the user's Supervisor or the assigned Contracting Officer's 
Representative (COR), stating the duty-related justification for 
access. Users requiring privileged access to maintain the system must 
complete Command Privacy Act Training and provide a SECNAV 5239/1--
Information System Privileged Access Agreement and Acknowledgement 
(PAA) of Responsibilities form which identifies their credentials and 
training certifications as a member of the Cyber Security Workforce. 
All requests for access are independently reviewed by the Command 
Security Manager; persons requesting non-privileged access must 
complete a favorably adjudicated Tier 1 (T1) investigation National 
Agency Check with Written Inquiries (formerly NACI). Privileged access 
users must complete a favorably adjudicated Tier 3 (T3) investigation 
(formerly National Agency Check with Law and Credit (formerly ANACI/
NACLC)) and be U.S. citizens. Technical safeguards employed for 
electronic records have data at rest encryption and access is 
restricted to authorized users holding specific electronic credentials 
and having a need to know. Physical access to terminals, terminal 
rooms, buildings, and surroundings are controlled by locked terminals 
and rooms, guards, personnel screening, and visitor registers.

RECORD ACCESS PROCEDURES:
    Individuals seeking access to records about themselves contained in 
this system of records should address written and signed inquiries to 
Commanding Officer, ATTN: Code 80E, SPAWARSYSCEN Atlantic, 1837 Morris 
Street, Suite 3109B, Norfolk, VA 23511-3498.
    The requester must provide their full name, mailing/home address, 
DoD ID Number, and/or employee ID number.
    The system manager may require a DoD Public Key Infrastructure 
(PKI) signed email as a means of proving the identity of the individual 
requesting access to the records.
    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 Navy's rules for contesting contents and appealing initial 
agency determinations are published in Secretary of the Navy 
Instruction 5211.5; 32 CFR part 701; or may be obtained from the system 
manager.

NOTIFICATION PROCEDURES:
    Individuals seeking to determine whether this system of records 
contains information about themselves should address written and signed 
inquiries to Commanding Officer, ATTN: Code 80E, SPAWARSYSCEN Atlantic, 
1837 Morris Street Suite 3109B, Norfolk, VA 23511-3498.
    The requester must provide their full name, mailing/home address, 
DoD ID Number, and/or employee ID number.
    The system manager may require a DoD Public Key Infrastructure 
(PKI) signed email as a means of proving the identity of the individual 
requesting access to the records.

[[Page 43860]]

    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).''

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    None.

HISTORY:
    December 23, 2015, 80 FR 79869

[FR Doc. 2018-18587 Filed 8-27-18; 8:45 am]
BILLING CODE 5001-06-P