[Federal Register Volume 88, Number 187 (Thursday, September 28, 2023)]
[Notices]
[Pages 66826-66829]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-21130]


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DEPARTMENT OF DEFENSE

Office of the Secretary

[Docket ID: DoD-2023-OS-0090]


Privacy Act of 1974; System of Records

AGENCY: Office of the Secretary of Defense, 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 issuing 
a new system of records titled, ``National Guard Youth Challenge 
Program (NGYCP) Records,'' DPR 32. This system of records is being 
established by the Office of the Under Secretary of Defense for 
Personnel and Readiness to collect and maintain records on youth ages 
15\1/2\ to 18 who utilize services provided by the National Guard Youth 
Challenge Academies in their respective states. The data will also be 
used for longitudinal tracking for higher learning placement, 
employment placement, justice recidivism, and analysis of program 
effectiveness.

DATES: This system of records is effective upon publication; however, 
comments on the Routine Uses will be accepted on or before October 30, 
2023. 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: Jessica Levin, Privacy and Civil 
Liberties Officer, Office of the Under Secretary of Defense for 
Personnel and Readiness, 4000 Defense Pentagon, Washington, DC 20301-
4000, (202) 815-1083.

SUPPLEMENTARY INFORMATION:

I. Background

    The National Guard Youth Challenge Program is a preventive at-risk 
youth program that targets voluntary participants, primarily 15\1/2\ to 
18 years of age, who have dropped out of school, ceased to continually 
attend secondary education institutions, or are not satisfactorily 
progressing, and are willing to become drug-free, and are crime-free. 
The Youth Challenge Program was established in Section 1076 of the 
National Defense Authorization Act for Fiscal Year 1998 (32 U.S.C. 509) 
to address the school dropout crisis by improving education, life 
skills, and employment potential of participants. This is accomplished 
by providing military-based training, supervised work experience, and 
by advancing the program's core components. These core components 
include life coping skills, leadership, followership, service to 
community, job

[[Page 66827]]

skills, academic excellence, responsible citizenship, health/hygiene 
and physical education. Academic excellence focuses on helping the 
participants obtain a high school diploma, an equivalency diploma or 
valid credits to facilitate their return to finish high school. Job 
skills training is expanded upon in the optional job challenge phase 
where participants (or cadets, as they are called) continue, after 
graduating Youth Challenge, in order to obtain a job certification, 
credential or apprenticeship.
    The Youth Challenge is a residential education and training 
program. The 22-week residential period is quasi-military, but there is 
no requirement for military service. After the residential period, 
trainees participate in a one-year structured mentoring program.
    This system of records covers records on all participating youth 
using the services provided by the National Guard Youth Challenge 
Program locations in their respective states.
    DoD SORNs have been published in the Federal Register and are 
available from the address in FOR FURTHER INFORMATION CONTACT or at the 
Office of the Assistant to the Secretary for Defense for Privacy, Civil 
Liberties, and Transparency (OATSD(PCLT)) 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: September 22, 2023.
Aaron T. Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.

SYSTEM NAME AND NUMBER:
    National Guard Youth Challenge Program (NGYCP) Records, DPR 32.

SECURITY CLASSIFICATION:
    Unclassified.

SYSTEM LOCATION:
    Decentralized State NGYCP Program Offices; National Guard Bureau 
Directorate of Manpower & Personnel, Office of Youth Programs (NGB-J1-
Y), 111 S George Mason Dr., Arlington, VA 22204.

SYSTEM MANAGER:
    Director, Civil-Military Programs, Office of the Assistant 
Secretary of Defense for Manpower & Reserve Affairs, Office of the 
Under Secretary of Defense for Personnel and Readiness, 1400 Defense 
Pentagon, Room 2E565, Washington, DC 20301, email: <a href="/cdn-cgi/l/email-protection#3f515811515c4d1151585d125e4d515811525d47115158465c4f7f525e565311525653"><span class="__cf_email__" data-cfemail="a4cac38acac7d68acac3c689c5d6cac38ac9c6dc8acac3ddc7d4e4c9c5cdc88ac9cdc8">[email protected]</span></a>.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    10 U.S.C. 136, Under Secretary of Defense for Personnel & 
Readiness; 32 U.S.C. 509, National Guard Youth Challenge Program of 
opportunities for civilian youth; DoD Instruction 1025.08, National 
Guard Youth Challenge Program; and E.O. 9397 (SSN), as amended.

PURPOSE(S) OF THE SYSTEM:
    A. To intervene in and reclaim the lives of 15\1/2\ to 18-year-old 
high school dropouts, producing program graduates with the values, life 
skills, education, and self-discipline necessary to succeed as 
productive citizens.
    B. To collect and maintain information on NGYCP participants in 
order to facilitate program participation. The NGCYP program is a 22-
week residential preventive program that targets at-risk youth who have 
dropped out of school, ceased to continually attend secondary education 
institutions, or are not satisfactorily progressing, are willing to 
become drug-free, and are crime-free.
    C. To facilitate programs to assist participants in earning their 
high school diploma or high school equivalency diploma, learning 
personal responsibility and good hygiene/health practices, and 
receiving employment assistance and responsible adult mentorship.
    D. To conduct longitudinal tracking for higher learning placement, 
employment placement, justice recidivism, and analysis of program 
effectiveness.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    U.S. citizens or legal permanent residents between the ages of 
15\1/2\ to 18 years of age who apply for or are accepted into the NGYCP 
program.

CATEGORIES OF RECORDS IN THE SYSTEM:
    A. Biographic Information: name, Social Security Number (SSN), home 
address, personal telephone number, email address, date of birth, sex, 
gender, race/ethnicity, parent/guardian information, and educational 
grade.
    B. Health Information, relevant to the individual's program 
participation and residency, such as allergies, medication 
instructions, substance abuse history, and psychological or mental 
health support needs.
    C. Educational Information, such as courses, grades, standard test 
scores, trade certifications, completion diplomas/certificates, 
disciplinary data, and program completion notes.
    D. Employment Information, such as applications, offers, 
promotions, disciplinary, terminations, wages, industry/occupation of 
employment, and benefits eligibility
    E. Legal information, such as nature and outcome of past criminal 
or civil charges or convictions, and parole or probationary status.
    F. Other Program Information, such as mentor engagement notes.

RECORD SOURCE CATEGORIES:
    Records and information stored in this system of records are 
obtained from:
    A. Individuals such as participant, parent or legal guardians, and 
school counselors or other school officials and mentors.
    B. Local school districts, adult learning institutes (vocational/
technical, community colleges, universities), State departments of 
education.
    C. Federal, State, local health and human services databases, and 
law enforcement databases.
    D. Federal, State, or local employment/labor departments.

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

[[Page 66828]]

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 of 1978, as amended.
    J. To such recipients and under such circumstances and procedures 
as are mandated by Federal statute or treaty.
    K. To school districts, state departments of education, and adult 
learning institutions for the purpose of obtaining academic and other 
relevant data on performance and graduation/completion suitability to 
facilitate tracking higher level education placement as a measure of 
NGYCP program success.
    L. To Federal, State, and local justice departments to collect 
information from these organizations to facilitate tracking potential 
incarcerations as a measure of NGYCP program success.
    M. To Federal, State, and local employment/labor departments to 
obtain academic/vocation and other relevant data on performance, 
graduation/program completion and employment suitability to facilitate 
tracking employment placement and/or military service as a measure of 
NGYCP program success.

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, or 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 last name and SSN.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    Temporary. Cut off annually upon completion of course. Destroy 10 
year(s) after removal, withdrawal or completion of the courses.

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    Records are maintained in controlled areas accessible only to 
authorized personnel. Access to personal information is further 
restricted by the use of Common Access Cards and user ID/passwords. 
Paper records are maintained in a controlled facility where physical 
entry is restricted by the use of locks, a card access control system, 
staffed reception areas and cameras inside and outside which monitor 
all doors. Technical controls in place include user identification and 
passwords, an Intrusion Detection System, encryption, firewalls, 
Virtual Private Networks and Public Key Infrastructure Certificates. 
Administrative controls in place include periodic security audits, 
ensuring only authorized personnel have access to personally 
identifiable information, encryption of backups containing sensitive 
data, and securing backups off-site.

RECORD ACCESS PROCEDURES:
    Individuals seeking access to their records should follow the 
procedures in 32 CFR part 310. Parents and guardians of minor children 
must follow the procedures in 32 CFR 310.3(d) to obtain access to 
records of the child. These procedures require the parent or legal 
guardian to establish: (1) The identity of the individual who is the 
subject of the record; (2) the parent/guardian's own identity; (3) that 
the requester is the parent or guardian of that individual, which may 
be proven by providing a copy of the individual's birth certificate 
showing parentage or a court order establishing the guardianship; and 
(4) that the parent or guardian is acting on behalf of the individual 
in making the request. Individuals should address written record access 
requests to the Office of the Secretary of Defense/Joint Staff Freedom 
of Information Act Division, 1155 Defense Pentagon, Washington, DC 
20301-1155 Requester Service Center website: https://www.esd.whs.mil/FOID/. Signed written requests should contain the name and number of 
this system of records notice along with full name, SSN, 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.

[[Page 66829]]

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    None.

HISTORY:
    None.

[FR Doc. 2023-21130 Filed 9-27-23; 8:45 am]
BILLING CODE 5001-06-P


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