[Federal Register Volume 85, Number 185 (Wednesday, September 23, 2020)]
[Notices]
[Pages 59766-59768]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-21010]
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DEPARTMENT OF DEFENSE
Office of the Secretary
[Docket ID DoD-2020-OS-0079]
Privacy Act of 1974; System of Records
AGENCY: Office of the Secretary of Defense (OSD), Department of Defense
(DoD).
ACTION: Notice of a modified system of records.
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SUMMARY: The OSD is modifying a system of records entitled, ``Defense
Sexual Assault Advocate Certification Program (D-SAACP),'' DHRA 10 DoD.
The system records track Sexual Assault Response Coordinators (SARC)
and Sexual Assault Prevention and Response Victim Advocates (SAPR VAs)
certifications. System information is used to review, process, and
report on the status of SARC and SAPR VA certifications to Congress.
DATES: This system of records modification is effective upon
publication; however, comments on the Routine Uses will be accepted on
or before October 23, 2020. 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:
[[Page 59767]]
* Federal Rulemaking Portal: https://www.regulations.gov. Follow
the instructions for submitting comments.
* Mail: 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; OSD.DPCLTD@mail.mil; (703) 571-
0070.
SUPPLEMENTARY INFORMATION: The purpose of these modifications is for
formatting changes and to comply with updates to the DoD Instruction
6495.03. The OSD is modifying a system of records subject to the
Privacy Act of 1974, 5 U.S.C. 552a. D-SAACP applicants must complete
and submit the DD Form 2950, ``Department of Defense Sexual Assault
Advocate Certification Program Application Packet,'' and a certificate
of completion of 40 hours of D-SAACP-approved training, or the DD Form
2950-1, ``D-SAACP Renewal Application Packet,'' for all renewals. D-
SAACP requires applicants to provide proof of 32 hours of continuing
education training for certification renewal every two years.
SARCs and SAPR VAs must be appointed by commanders or other
appropriate appointing authorities and D-SAACP certified. Also, SARCs
and SAPR VAs must undergo or have undergone the required Assignment
Eligibility Screening with favorable results (pre-screening
requirements, or Tier 3 background investigation with State Criminal
History Repository check, when necessary to augment Tier 3, or
enrollment in Continuous Evaluation).
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, the DoD has provided a report of this
system of records to the OMB and to Congress.
Dated: September 16, 2020.
Aaron T. Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
SYSTEM NAME AND NUMBER:
Defense Sexual Assault Advocate Certification Program (D-SAACP),
DHRA 10 DoD.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
National Organization for Victim Assistance, 510 King Street, Suite
424, Alexandria, VA 22314-3132.
SYSTEM MANAGER(S):
Program Manager, Senior Victim Assistance Advisor, Sexual Assault
Prevention and Response Office (SAPRO), 4800 Mark Center Drive,
Alexandria, VA 22350-1500, email: whs.mc-alex.wso.mbx.SAPRO@mail.mil or
telephone: (571) 372-2657.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
10 U.S.C. 136, Under Secretary of Defense for Personnel and
Readiness; and DoD Instruction 6495.03, Defense Sexual Assault Advocate
Certification Program (D-SAACP).
PURPOSE(S) OF THE SYSTEM:
To track Sexual Assault Response Coordinator (SARC) and Sexual
Assault Prevention and Response Victim Advocate (SAPR VAs)
certifications. System information will be used to review, process, and
report on the status of SARC and SAPR VA certifications to Congress.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
DoD civilian employees and military personnel requesting national
certification as an SARC or SAPR VA through the. D-SAACP and certified
SARCs and SAPR VAs.
CATEGORIES OF RECORDS IN THE SYSTEM:
Applicant's first name, middle initial, and last name; position
type (DoD personnel); Service/DoD affiliation and status; grade/rank;
installation/command; work email address and telephone number; official
military address of applicant and applicant's SARC (commanding officer,
street, city, state, ZIP code, country); position level (Level I, II,
III, or IV); certificates of training; date of application;
verification of sexual assault victim advocacy experience (position,
dates, hours, supervisor; name, title, and work telephone number of
verifier); evaluation of sexual assault victim advocacy experience
(description of applicant skills, abilities, and experience; name,
title, and office of evaluator), letters of recommendation by the first
person in the chain of command, SARC, and the Senior Commander or the
Commander; verification of assignment eligibility screening by the
Commander or appointing authority; supervisor and commander statement
of understanding, documentation of continuing education training
courses; D-SAACP identification (ID) number.
RECORD SOURCE CATEGORIES:
The individual, first person in chain of command or SARC and the
Senior Commander or Commander, and the National Advocate Credentialing
Program.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND PURPOSES OF SUCH USES:
In addition to those disclosures generally permitted in accordance
with 5 U.S.C. 552a(b), the records 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 responsible for performing or working on
contracts for the DoD when necessary to accomplish an agency function
related to this system of records. Individuals provided information
under this routine use are subject to the same Privacy Act requirements
and limitations on disclosure that apply to DoD officers and employees.
b. To the Department of Justice, Justice Programs, Office for
Victims of Crime for the purpose of verifying certified SARCs and SAPR
VAs for participation in Advance Military Sexual Assault Advocate
Online Training.
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. 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
[[Page 59768]]
litigation to which the record is pertinent.
e. 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.
f. 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.
g. 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 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:
Paper file folders and electronic storage media.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
First and last name, and/or D-SAACP ID number.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
Temporary. Cut off annually. Destroy 3 years after cutoff or 1 year
upon employee separation or when superseded or obsolete, whichever
comes first.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
Records are maintained in a controlled facility that employs
physical restrictions such as double locks and is accessible only to
authorized persons with key fobs. Access to electronic data files in
the system is role-based, restricted to essential personnel only, and
requires two factor authentication. The data server is locked in a
windowless room with restricted access. Data is encrypted, and backup
data is also encrypted and removed to an off-site secure location for
storage. Paper files are stored in a locked filing cabinet in a locked
room in the controlled facility. System access to case files will be
limited to computers within a closed network and not connected to the
internet or other servers.
RECORD ACCESS PROCEDURES:
Individuals seeking access to records about themselves contained in
this system of records should address written requests to the OSD/Joint
Staff Freedom of Information Act Requester Service Center, Office of
Freedom of Information, 1155 Defense Pentagon, Washington, DC 20301-
1155. Signed, written requests should include the individual's full
name, and the name and number of this system of records notice. 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 DoD rules for accessing records, for contesting contents, and
for 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 of records should address
written inquiries to the Sexual Assault Prevention and Response Office,
ATTN: D-SAACP Manager, 4800 Mark Center Drive, Alexandria, VA 22350-
1500. Signed, written requests should contain first and last name, and/
or D-SAACP ID number. 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:
November 16, 2015, 80 FR 70765.
[FR Doc. 2020-21010 Filed 9-22-20; 8:45 am]
BILLING CODE 5001-06-P