80 FR 64401 - Privacy Act of 1974; System of Records

DEPARTMENT OF DEFENSE
Office of the Secretary

Federal Register Volume 80, Issue 205 (October 23, 2015)

The Office of the Secretary of Defense proposes to alter an existing system of records, DPR 32, entitled ``Employer Support of the Guard and Reserve Ombudsman and Outreach Programs'' to record information related to the mediation of disputes and answering of inquiries related to the USERRA; by tracking case assignments and mediation results of potential conflicts between employers and the National Guard, Reserves, or NDMS members they employ; and by reporting statistics related to the Ombudsman Program in aggregate and at the state committee-level. These records are also used as a management tool for statistical analysis, tracking, reporting, evaluating program effectiveness and conducting research.

[Federal Register Volume 80, Number 205 (Friday, October 23, 2015)]
[Notices]
[Pages 64401-64403]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-27012]


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DEPARTMENT OF DEFENSE

Office of the Secretary

[Docket ID: DoD-2015-OS-0101]


Privacy Act of 1974; System of Records

AGENCY: Office of the Secretary of Defense, DoD.

ACTION: Notice to alter an existing System of Records.

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SUMMARY: The Office of the Secretary of Defense proposes to alter an 
existing system of records, DPR 32, entitled ``Employer Support of the 
Guard and Reserve Ombudsman and Outreach Programs'' to record 
information related to the mediation of disputes and answering of 
inquiries related to the USERRA; by tracking case assignments and 
mediation results of potential conflicts between employers and the 
National Guard, Reserves, or NDMS members they employ; and by reporting 
statistics related to the Ombudsman Program in aggregate and at the 
state committee-level. These records are also used as a management tool 
for statistical analysis, tracking, reporting, evaluating program 
effectiveness and conducting research.

DATES: Comments will be accepted on or before November 23, 2015. This 
proposed action will be effective the day 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, Regulatory 
and Audit Matters Office, 9010 Defense Pentagon, Washington, DC 20301-
9010.
    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. Cindy Allard, Chief, OSD/JS 
Privacy Office, Freedom of Information Directorate, Washington 
Headquarters Service, 1155 Defense Pentagon, Washington, DC 20301-1155, 
or by phone at (571)372-0461.

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 http://dpcld.defense.gov/. The proposed system report, as 
required by 5 U.S.C. 552a(r) of the Privacy Act of 1974, as amended, 
was submitted on August 27, 2015, 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 4c 
of Appendix I to OMB Circular No. A-130, ``Federal Agency 
Responsibilities for Maintaining Records About Individuals,'' dated 
February 8, 1996 (February 20, 1996, 61 FR 6427).

    Dated: October 20, 2015.
Morgan F. Park,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
DPR 32

System name:
    Employer Support of the Guard and Reserve Ombudsman and Outreach

[[Page 64402]]

Programs (November 14, 2007, 72 FR 64058).

Changes:
System Identifier:
    Delete entry and replace with ``DHRA 16.''

System name:
    Delete entry and replace with ``Inquiry and Case Management System 
(ICMS).''

System location:
    Delete entry and replace with ``Defense Information Systems Agency 
(DISA), Computing Directorate Mechanicsburg, 5450 Carlisle Pike, 
Mechanicsburg, PA 17050-2411.
    Backup: Iron Mountain, 1665 S 5350 W., Salt Lake City, UT 84104-
4721.''

Categories of individuals covered by the system:
    Delete entry and replace with ``Members of the National Guard, 
Reserves, and National Disaster Medical System (NDMS) who submit 
inquiries or request mediation; Employer Support of the Guard and 
Reserve (ESGR) employees; civilian employers; contractors and 
volunteers who handle inquiries and cases; and those who submit 
inquiries.''

Categories of records in the system:
    Delete entry and replace with ``Individual's full name, home 
address, phone number, email address; current Uniformed Service and 
Service member pay grade; ESGR case number; type of Uniformed Services 
Employment and Reemployment Rights Act (USERRA) issue; employer name, 
employer type, employer's contact name, contact phone, email and 
address; name, email and state committee/ESGR affiliation of ESGR 
employee, contractor, or volunteer that handles an inquiry or mediation 
case; and case notes.''

Authority for maintenance of the system:
    Delete entry and replace with ``38 U.S.C. 43, Employment and 
Reemployment Rights of Members of the Uniformed Services; 5 U.S.C. 574, 
Confidentiality; 5 U.S.C. Part I, Chapter 5, Subchapter IV, Alternative 
Means of Dispute Resolution in the Administrative Process; 42 U.S.C. 
300hh-11, National Disaster Medical System, ((d)(3) Employment and 
reemployment rights); 20 CFR 1002, Regulations Under the Uniformed 
Services Employment and Reemployment Rights Act of 1994; 5 CFR 353, 
Restoration to Duty from Uniformed Service or Compensable Injury; DoD 
Directive 1250.01, National Committee for Employer Support of the Guard 
and Reserve (NCESGR); DoD Instruction 1205.22, Employer Support of the 
Guard and Reserve; and DoD Instruction 1205.12, Civilian Employment and 
Reemployment Rights of Applicants for, and Service Members and Former 
Service Members of the Uniformed Services.''

Purpose(s):
    Delete entry and replace with ``To record information related to 
the mediation of disputes and answering of inquiries related to the 
USERRA; by tracking case assignments and mediation results of potential 
conflicts between employers and the National Guard, Reserves, or NDMS 
members they employ; and by reporting statistics related to the 
Ombudsman Program in aggregate and at the state committee-level. These 
records are also used as a management tool for statistical analysis, 
tracking, reporting, evaluating program effectiveness and conducting 
research.''

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 be disclosed outside the 
DoD as a routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:
    To Department of Labor for Congressionally-mandated USERRA 
reporting (38 U.S.C. Employment and Reemployment Rights of Members of 
the Uniformed Services Sec.  4432, Reports).
    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 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

[[Page 64403]]

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.
    The DoD Blanket Routine Uses set forth at the beginning of the 
Office of the Secretary of Defense (OSD) compilation of systems of 
records notices may apply to this system. The complete list of DoD 
Blanket Routine Uses can be found online at: http://dpcld.defense.gov/Privacy/SORNsIndex/BlanketRoutineUses.aspx''

Storage:
    Delete entry and replace with ``Electronic storage media.''

Retrievability:
    Delete entry and replace with ``Individual's full name and ESGR 
case number.''

Safeguards:
    Delete entry and replace with ``Physical controls include 
combination locks, cipher locks, key cards, identification badges, 
closed circuit televisions, and controlled screenings. Technical 
controls include user identification and password, intrusion detection 
system, encryption, Common Access Card, firewall, virtual private 
network, role-based access controls, and two-factor authentication. 
Administrative controls include periodic security audits, regular 
monitoring of users' security practices, methods to ensure only 
authorized personnel access information, encryption of backups 
containing sensitive data, backups secured off-site, and use of visitor 
registers.''

Retention and disposal:
    Delete entry and replace with ``Temporary. Contact information 
(email, phone number, details/notes of questions asked) from the 
inquiry data destroy 90 days after inquiry has been closed.
    Masterfile: Destroy 3 years after settlement is implemented or case 
is discontinued.''

System manager(s) and address:
    Delete entry and replace with ``Executive Director, Headquarters, 
Employer Support of the Guard and Reserve, 4800 Mark Center Drive, 
Alexandria, VA 22350-1200.''

Notification procedure:
    Delete entry and replace with ``Individuals seeking to determine if 
information about themselves is contained in this system of records 
should address written inquiries to the Executive Director, 
Headquarters, Employer Support of the Guard and Reserve, 4800 Mark 
Center Drive, Alexandria, VA 22350-1200.
    Signed, written requests should contain the individual's full name 
and personal contact information (address, phone number, and email).''

Record access procedures:
    Delete entry and replace with ``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, Office of 
Freedom of Information, 1155 Defense Pentagon, Washington, DC 20301-
1155.
    Signed, written requests should include the individual's full name 
and personal contact information (address, phone number, email) and the 
name and number of this system of records notice.''
* * * * *

Record source categories:
    Delete entry and replace with ``Individual, and Member Management 
System (MMS).''
* * * * *
[FR Doc. 2015-27012 Filed 10-22-15; 8:45 am]
 BILLING CODE 5001-06-P