[Federal Register Volume 81, Number 247 (Friday, December 23, 2016)]
[Notices]
[Pages 94347-94349]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-30990]
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DEPARTMENT OF DEFENSE
Office of the Secretary
[Docket ID: DOD-2016-OS-0118]
Privacy Act of 1974; System of Records
AGENCY: Office of the Secretary of Defense, DoD.
ACTION: Notice to alter a System of Records.
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SUMMARY: Pursuant to the Privacy Act of 1974, and Office of Management
and Budget (OMB) Circular No. A-130, notice is hereby given that the
Department of Defense proposes to change a system of records, WUSU 07,
``USUHS Grievance Records,'' last published at 79 FR 40076 on July 11,
2014. This system of records is used to administer and process
grievances filed by Uniformed Services University of the Health
Sciences (USUHS) employees. Department of Defense (DoD) employees,
including USUHS employees, are entitled to present disputes under the
DoD Administrative Grievance System and have them considered
expeditiously, fairly, and impartially, and have them be resolved as
quickly as possible. The data is also used to produce statistical and
management reports for USUHS leadership.
Changes to the system of record notice include rewording of the
system name and categories of individuals. The notification, record
access, and contesting record procedures have been updated to ensure
the information is accurate and current. To provide clarity to the
public, the applicable routine uses are now delineated, and the purpose
has been revised to state that this system of records covers all USUHS
employees, not just those covered by a collective bargaining agreement.
In addition, minor administrative corrections were made to the system
location and safeguards.
[[Page 94348]]
DATES: Comments will be accepted on or before January 23, 2017. This
proposed action will be effective 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.
* Mail: Department of Defense, Office of the Deputy Chief
Management Officer, Directorate of Oversight and Compliance, 4800 Mark
Center Drive, Mailbox #24, 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: Mrs. Luz D. Ortiz, Chief, Records,
Privacy and Declassification Division (RPD2), 1155 Defense Pentagon,
Washington, DC 20301-1155, or by phone at (571) 372-0478.
SUPPLEMENTARY INFORMATION: The Office of the Secretary of Defense
notices for systems of records subject to the Privacy Act of 1974 (5
U.S.C. 552a), 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
Web site at http://dpcld.defense.gov/.
The proposed system report, as required by U.S.C. 552a(r) of the
Privacy Act of 1974, as amended, was submitted on December 7, 2016, to
the House Committee on Oversight and Government Reform, the Senate
Committee on Governmental Affairs, and the Office of Management and
Budget (OMB) pursuant to paragraph 4 of Appendix I to OMB Circular No.
A-130, ``Federal Agency Responsibilities for Maintaining Records About
Individuals,'' revised November 28, 2000 (December 12, 2000 65 FR
77677).
Dated: December 20, 2016.
Aaron Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
WUSU 07
System Name:
USUHS Grievance Records (July 11, 2014, 79 FR 40076)
Changes:
* * * * *
System Name:
Delete entry and replace with ``Uniformed Services University of
the Health Sciences Grievance Records (July 11, 2014, 79 FR 40076).''
System location:
Delete entry and replace with ``Uniformed Services University of
the Health Sciences (USUHS), Civilian Human Resources Directorate
(CHR), 4301 Jones Bridge Road, Bethesda, MD 20814-4712.''
Categories of individuals covered by the system:
Delete entry and replace with ``USUHS employees who have submitted
grievances.''
* * * * *
Purpose(s):
Delete entry and replace with ``To track, analyze and mitigate
grievances filed by USUHS employees. Utilizing this information allows
USUHS civilian personnel employer relations officers to track
grievances, to analyze findings from an investigation, and to research
the success and/or failure of mitigation efforts.''
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
Delete entry and replace with ``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 herein may specifically be disclosed
outside the DoD as a routine use pursuant to 5 U.S.C. 552a(b)(3).
Law Enforcement Routine Use:
If a system of records maintained by a DoD Component to carry out
its functions indicates a violation or potential violation of law,
whether civil, criminal, or regulatory in nature, and whether arising
by general statute or by regulation, rule, or order issued pursuant
thereto, the relevant records in the system of records may be referred,
as a routine use, to the agency concerned, whether federal, state,
local, or foreign, charged with the responsibility of investigating or
prosecuting such violation or charged with enforcing or implementing
the statute, rule, regulation, or order issued pursuant thereto.
Disclosure When Requesting Information Routine Use:
A record from a system of records maintained by a DoD Component may
be disclosed as a routine use to a federal, state, or local agency
maintaining civil, criminal, or other relevant enforcement information
or other pertinent information, such as current licenses, if necessary
to obtain information relevant to a DoD Component decision concerning
the hiring or retention of an employee, the issuance of a security
clearance, the letting of a contract, or the issuance of a license,
grant, or other benefit.
Disclosure of Requested Information Routine Use:
A record from a system of records maintained by a DoD Component may
be disclosed to a federal agency, in response to its request, in
connection with the hiring or retention of an employee, the issuance of
a security clearance, the reporting of an investigation of an employee,
the letting of a contract, or the issuance of a license, grant, or
other benefit by the requesting agency, to the extent that the
information is relevant and necessary to the requesting agency's
decision on the matter.
Congressional Inquiries Disclosure Routine Use:
Disclosure from a system of records maintained by a DoD Component
may be made to a congressional office from the record of an individual
in response to an inquiry from the congressional office made at the
request of that individual.
Disclosure to the Office of Personnel Management Routine Use:
A record from a system of records subject to the Privacy Act and
maintained by a DoD Component may be disclosed to the Office of
Personnel Management (OPM) concerning information on pay and leave,
benefits, retirement deduction, and any other information necessary for
the OPM to carry out its legally authorized government-wide personnel
management functions and studies.
Disclosure to the Department of Justice for Litigation Routine Use:
A record from a system of records maintained by a DoD Component may
be disclosed as a routine use to any component of the Department of
Justice
[[Page 94349]]
for the purpose of representing the Department of Defense, or any
officer, employee or member of the Department in pending or potential
litigation to which the record is pertinent.
Disclosure of Information to the National Archives and Records
Administration Routine Use:
A record from a system of records maintained by a DoD Component may
be disclosed as a routine use to the National Archives and Records
Administration for the purpose of records management inspections
conducted under authority of 44 U.S.C. 2904 and 2906.
Disclosure to the Merit Systems Protection Board Routine Use:
A record from a system of records maintained by a DoD Component may
be disclosed as a routine use to the Merit Systems Protection Board,
including the Office of the Special Counsel for the purpose of
litigation, including administrative proceedings, appeals, special
studies of the civil service and other merit systems, review of OPM or
component rules and regulations, investigation of alleged or possible
prohibited personnel practices; including administrative proceedings
involving any individual subject of a DoD investigation, and such other
functions, promulgated in 5 U.S.C. 1205 and 1206, or as may be
authorized by law.
Data Breach Remediation Purposes Routine Use:
A record from a system of records maintained by a Component may be
disclosed to appropriate agencies, entities, and persons when (1) The
Component suspects or has confirmed that the security or
confidentiality of the information in the system of records has been
compromised; (2) the Component has determined that as a result of the
suspected or confirmed compromise there is a risk of harm to economic
or property interests, identity theft or fraud, or harm to the security
or integrity of this system or other systems or programs (whether
maintained by the Component or another agency or entity) that rely upon
the compromised information; and (3) the disclosure made to such
agencies, entities, and persons is reasonably necessary to assist in
connection with the Components efforts to respond to the suspected or
confirmed compromise and prevent, minimize, or remedy such harm.''
* * * * *
Safeguards:
Delete entry and replace with ``Records are maintained in locked
file cabinets, with access restricted to authorized USUHS employees who
have a demonstrated need-to-know.''
* * * * *
Notification procedure:
Delete entry and replace with ``Individuals seeking to determine
whether information about themselves is contained in this system should
address written inquiries to the Chief, Workforce Relations Division,
Civilian Human Resources Directorate, Uniformed Services University of
the Health Sciences, 4301 Jones Bridge Road, Bethesda, MD 20814-4712.
Signed, written requests should contain the full name, address and
the signature of the subject individual, along with the name and number
of this system of records notice.
In addition, the requester must provide 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).' ''
Record access procedures:
Delete entry and replace with ``Individuals seeking access to
information 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, Office of
Freedom of Information, 1155 Defense Pentagon, Washington, DC 20301-
1155.
Signed, written requests should contain the full name, address and
the signature of the subject individual, along with the name and number
of this system of records notice.
In addition, the requester must provide 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:
Delete entry and replace with ``The Office of the Secretary of
Defense (OSD) rules for accessing records, contesting contents and
appealing initial agency determinations are contained in OSD
Administrative Instruction 81; 32 CFR part 311; or may be obtained from
the system manager.''
* * * * *
[FR Doc. 2016-30990 Filed 12-22-16; 8:45 am]
BILLING CODE 5001-06-P