80 FR 74815 - Privacy Act of 1974; Routine Use Implementation; System of Records
OFFICE OF PERSONNEL MANAGEMENT Federal Register Volume 80, Issue 229 (November 30, 2015)
Federal Register Volume 80, Issue 229 (November 30, 2015)
| Page Range | 74815-74817 | |
| FR Document | 2015-30309 |
[Federal Register Volume 80, Number 229 (Monday, November 30, 2015)] [Notices] [Pages 74815-74817] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-30309] ======================================================================= ----------------------------------------------------------------------- OFFICE OF PERSONNEL MANAGEMENT Privacy Act of 1974; Routine Use Implementation; System of Records AGENCY: U.S. Office of Personnel Management. ACTION: Notice; Routine Use Implementation and Response to Comments. ----------------------------------------------------------------------- SUMMARY: Pursuant to the provisions of the Privacy Act of 1974, 5 U.S.C. 552a, and Office of Management and Budget (OMB), Circular No. A- 130, notice is given that the U.S. Office of Personnel Management is implementing the modification, proposed in 80 FR 42133, to all of its systems of records, as identified in the list below. SUPPLEMENTARY INFORMATION: On July 16, 2015, OPM published a notice to establish a new Privacy Act routine use which is applicable to all OPM systems of records. The new routine use allows OPM to disclose information to appropriate persons and entities for response and remediation purposes in the event of suspected or confirmed compromise of information in any of its systems. 80 FR 42133 (July 16, 2015). The July 16th notice invited comments on the new routine use until August 17, 2015. OPM received 5 comments during this period. After reviewing and considering the comments, OPM has decided to implement the new routine use without substantive alteration. A description of the comments and OPM's corresponding responses are included below. Two Federal agencies requested administrative changes that were unrelated to the form or substance of this routine use. In response to one agency comment, OPM re-listed all of the OPM systems to which the new routine use will apply, including OPM/Central-19, which had been inadvertently left out of the prior notice. OPM determined that the other suggested changes do not affect implementation of the newly proposed use because they pertain specifically to other OPM systems of records. Therefore, those suggestions will be considered in future updates to notices regarding those systems. OPM also received comments from a non-governmental organization regarding the location of certain records in other OPM systems and requesting notice in the event that those systems are compromised. OPM plans to continue fulfilling its breach notification responsibilities whenever appropriate and will respond separately to the organization with regard to its other comments, which seek OPM's response to a previous communication. Finally, one individual and one Federal employee union sought information about security measures that would be taken to convey information shared outside of OPM pursuant to the new routine use. As with information shared outside the agency pursuant any routine use associated with its systems, OPM will transmit such information in accordance with applicable information security laws, guidelines, and standards including, but not limited to, the Federal Information Security Management Act (Pub. L. 107-296), and associated OMB policies, standards and guidance from the National Institute of Standards and Technology. The individual commenter and employee union also questioned whether the routine use is appropriately tailored to address activities related to the suspected or confirmed compromise of information, OPM adopted the model language developed by the Office of Management and Budget (OMB Memorandum 07-16, Safeguarding Against and Responding to the Breach of Personally Identifiable Information, Attachment 2) and adopted by a number of other Federal agencies. As drafted, this routine use permits the agency to protect sensitive information contained in OPM's systems while also facilitating mitigation and prevention activities in the event of confirmed or suspected compromise of information. Therefore, OPM has adopted the new routine use, first published on July 16, 2015, without further change. A description of the modification to the agency's systems of records is provided below. In accordance with 5 U.S.C. 552a(r), the agency has provided a report to OMB and the Congress. U.S. Office of Personnel Management. Beth F. Cobert, Director. U.S. Office of Personnel Management Privacy Act notices and citations follow. An asterisk (*) designates the last publication of the complete document in the Federal Register. ---------------------------------------------------------------------------------------------------------------- SORN Title FR# ---------------------------------------------------------------------------------------------------------------- 2013 statement...................... 2013 OPM Statement of 60 FR 63075. Routine Uses for OPM's Internal and Central Systems of Records. CENTRAL-1........................... Civil Service Retirement and 73 FR 15013.* Insurance Records. 64 FR 54930. 63 FR 45881. 60 FR 63075. CENTRAL-2........................... Complaints and Inquiries 60 FR 63075. Records. CENTRAL-4........................... Inspector General 60 FR 63075. Investigations Case File. CENTRAL-5........................... Intergovernmental Personnel 64 FR 60249.* Act Assignment Records. 60 FR 63075. CENTRAL-6........................... Administrative Law Judge 60 FR 63075. Application Records. CENTRAL-7........................... Litigation and Claims 60 FR 63075. Records. CENTRAL-8........................... Privacy Act/Freedom of 64 FR 53424.* Information Act (PA/FOIA) 60 FR 63075. Case Records. vol. 58, no. 68, 4/12/1993. CENTRAL-9........................... Personnel Investigations 75 FR 28307.* Records. 60 FR 63075. CENTRAL-10.......................... Federal Executive Institute 64 FR 59221.* Program Participants 60 FR 63075. Records. CENTRAL-11.......................... Presidential Management 77 FR 61791.* Fellows (PMF) Program 74 FR 42334. Records. 60 FR 63075. [[Page 74816]] CENTRAL-13.......................... Executive Personnel Records. 64 FR 60247.* 60 FR 63075. CENTRAL-14.......................... Debarment or Suspension 60 FR 63075.* Records for Federal 60 FR 39194. Employee Health Benefits. CENTRAL-15.......................... Health Claims Data Warehouse 78 FR 23313.* 76 FR 35050. CENTRAL-16.......................... Health Claims Disputes 76 FR 70512.* External Review Services. 75 FR 56601. CENTRAL-18.......................... Federal Employees Health 76 FR 35052. Benefits Program Claims Data Warehouse. CENTRAL-19.......................... External Review Records for 78 FR 65011. Multi-State Plan (MSP) Program. CENTRAL-X........................... Federal Competency 72 FR 60396. Assessment Tool. GOVT-1.............................. General Personnel Records... 77 FR 73694.* 76 FR 32997. 71 FR 35342. 65 FR 24732. 61 FR 36919. GOVT-2.............................. Employee Performance File 71 FR 35342.* System Records. 65 FR 24732. 61 FR 36919. GOVT-3.............................. Records of Adverse Actions, 71 FR 35342.* Performance Based 65 FR 24732. Reductions In Grade and 61 FR 36919. Removal Actions, and Terminations of Probationers. GOVT-5.............................. Recruiting, Examining and 79 FR 16834.* Placement Records. 71 FR 35342. 65 FR 24732. GOVT-6.............................. Personnel Research and Test 71 FR 35342.* Validation Records. 65 FR 24732. 61 FR 36919. GOVT-7.............................. Applicant Race, Sex, 71 FR 35342.* National Origin, and 65 FR 24732. Disability Status Records. 61 FR 36919. GOVT-9.............................. File on Position 78 FR 60331.* Classification Appeals, Job 71 FR 35342. Grading Appeals, Retained 65 FR 24732. Grade or Pay Appeals, Fair 61 FR 36919. Labor Standard Act (FLSA) Claims and Complaints, Federal Civilian Employee Compensation and Leave Claims, and Settlement of Accounts for Deceased Civilian Officers and Employees. GOVT-10............................. Employee Medical File 75 FR 35099.* Systems Records. 71 FR 35342. 65 FR 24732. Internal-1.......................... Defense Mobilization 64 FR 72705.* Emergency Cadre Records. 60 FR 63075. Internal-2.......................... Negotiated Grievance 60 FR 63075. Procedure Records. Internal-3.......................... Security Officer Control 65 FR 14635.* Files. 60 FR 63075. Internal-4.......................... Health Program Records...... 64 FR 51807.* 60 FR 63075. Internal-5.......................... Pay, Leave, and Travel 64 FR 61949.* Records. 60 FR 63075. Internal-6.......................... Appeal and Administrative 60 FR 63075. Review Records. Internal-7.......................... Complaints and Inquiries 60 FR 63075. Records. Internal-8.......................... Employee Counseling Services 60 FR 63075. Program Records. Internal-9.......................... Employee Locator Card Files 64 FR 51807.* (PDF file). 60 FR 63075. Internal-10......................... Motor Vehicle Operator and 60 FR 63075. Accident Report Records. Internal-11......................... Administrative Grievance 60 FR 63075. Records. Internal-12......................... Telephone Call Detail 64 FR 54934. Records. Internal-13......................... Parking Program Records..... 65 FR 540. Internal-14......................... Photo Identification and 64 FR 73108. Visitor Access Control Records. Internal-15......................... OPM Child Care Tuition 65 FR 30643. Assistance Records. Internal-16......................... Adjudications Officer 79 FR 30202.* Control Files. 66 FR 42568. Internal-17......................... Web-Enabled Voting Rights 71 FR 38190. System (WEVRS). Internal-18......................... CyberCorps[supreg]: 79 FR 42064.* Scholarship For Service 74 FR 42336. (SFS). Internal-19......................... Investigation Training 79 FR 8515. Records. Internal-20......................... Integrity Assurance Officer 80 FR 2447. Control Files. ---------------------------------------------------------------------------------------------------------------- * * * * * Routine Uses of Records Maintained in the System, Including Categories of Users and the Purposes of Such Uses: To appropriate agencies, entities, and persons when (1) OPM suspects or has confirmed that the security or confidentiality of information in the system of records has been compromised; (2) the agency has determined that as a result of the [[Page 74817]] 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 OPM 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 OPM's efforts to respond to the suspected or confirmed compromise and prevent, minimize, or remedy such harm. [FR Doc. 2015-30309 Filed 11-27-15; 8:45 am] BILLING CODE P
![Federal Register / Vol. 80, No. 229 / Monday, November 30, 2015 / Notices 74815
Brenda.Akstulewicz@nrc.gov or considering the comments, OPM has with applicable information security
Patricia.Jimenez@nrc.gov. decided to implement the new routine laws, guidelines, and standards
Dated: November 24, 2015. use without substantive alteration. A including, but not limited to, the
Denise L. McGovern, description of the comments and OPM’s Federal Information Security
corresponding responses are included Management Act (Pub. L. 107–296), and
Policy Coordinator, Office of the Secretary.
below. associated OMB policies, standards and
[FR Doc. 2015–30420 Filed 11–25–15; 11:15 am] Two Federal agencies requested guidance from the National Institute of
BILLING CODE 7590–01–P administrative changes that were Standards and Technology.
unrelated to the form or substance of The individual commenter and
this routine use. In response to one employee union also questioned
OFFICE OF PERSONNEL agency comment, OPM re-listed all of
MANAGEMENT whether the routine use is appropriately
the OPM systems to which the new tailored to address activities related to
routine use will apply, including OPM/ the suspected or confirmed compromise
Privacy Act of 1974; Routine Use Central-19, which had been
Implementation; System of Records of information, OPM adopted the model
inadvertently left out of the prior notice. language developed by the Office of
AGENCY: U.S. Office of Personnel OPM determined that the other Management and Budget (OMB
Management. suggested changes do not affect Memorandum 07–16, Safeguarding
ACTION: Notice; Routine Use implementation of the newly proposed Against and Responding to the Breach
Implementation and Response to use because they pertain specifically to of Personally Identifiable Information,
Comments. other OPM systems of records. Attachment 2) and adopted by a number
Therefore, those suggestions will be of other Federal agencies. As drafted,
SUMMARY: Pursuant to the provisions of considered in future updates to notices
the Privacy Act of 1974, 5 U.S.C. 552a, this routine use permits the agency to
regarding those systems. protect sensitive information contained
and Office of Management and Budget OPM also received comments from a
(OMB), Circular No. A–130, notice is in OPM’s systems while also facilitating
non-governmental organization
given that the U.S. Office of Personnel mitigation and prevention activities in
regarding the location of certain records
Management is implementing the the event of confirmed or suspected
in other OPM systems and requesting
modification, proposed in 80 FR 42133, compromise of information. Therefore,
notice in the event that those systems
to all of its systems of records, as OPM has adopted the new routine use,
are compromised. OPM plans to
identified in the list below. first published on July 16, 2015, without
continue fulfilling its breach
SUPPLEMENTARY INFORMATION: On July
further change.
notification responsibilities whenever
16, 2015, OPM published a notice to appropriate and will respond separately A description of the modification to
establish a new Privacy Act routine use to the organization with regard to its the agency’s systems of records is
which is applicable to all OPM systems other comments, which seek OPM’s provided below. In accordance with 5
of records. The new routine use allows response to a previous communication. U.S.C. 552a(r), the agency has provided
OPM to disclose information to Finally, one individual and one a report to OMB and the Congress.
appropriate persons and entities for Federal employee union sought U.S. Office of Personnel Management.
response and remediation purposes in information about security measures Beth F. Cobert,
the event of suspected or confirmed that would be taken to convey
Director.
compromise of information in any of its information shared outside of OPM
systems. 80 FR 42133 (July 16, 2015). pursuant to the new routine use. As U.S. Office of Personnel Management
The July 16th notice invited comments with information shared outside the Privacy Act notices and citations follow.
on the new routine use until August 17, agency pursuant any routine use An asterisk (*) designates the last
2015. OPM received 5 comments during associated with its systems, OPM will publication of the complete document
this period. After reviewing and transmit such information in accordance in the Federal Register.
SORN Title FR#
2013 statement ......... 2013 OPM Statement of Routine Uses for OPM’s Internal and Central Systems of 60 FR 63075.
Records.
CENTRAL–1 .............. Civil Service Retirement and Insurance Records ............................................................... 73 FR 15013.*
64 FR 54930.
63 FR 45881.
60 FR 63075.
CENTRAL–2 .............. Complaints and Inquiries Records ...................................................................................... 60 FR 63075.
CENTRAL–4 .............. Inspector General Investigations Case File ........................................................................ 60 FR 63075.
CENTRAL–5 .............. Intergovernmental Personnel Act Assignment Records ..................................................... 64 FR 60249.*
60 FR 63075.
CENTRAL–6 .............. Administrative Law Judge Application Records .................................................................. 60 FR 63075.
CENTRAL–7 .............. Litigation and Claims Records ............................................................................................ 60 FR 63075.
CENTRAL–8 .............. Privacy Act/Freedom of Information Act (PA/FOIA) Case Records ................................... 64 FR 53424.*
60 FR 63075.
jstallworth on DSK7TPTVN1PROD with NOTICES
vol. 58, no. 68, 4/12/1993.
CENTRAL–9 .............. Personnel Investigations Records ....................................................................................... 75 FR 28307.*
60 FR 63075.
CENTRAL–10 ............ Federal Executive Institute Program Participants Records ................................................ 64 FR 59221.*
60 FR 63075.
CENTRAL–11 ............ Presidential Management Fellows (PMF) Program Records ............................................. 77 FR 61791.*
74 FR 42334.
60 FR 63075.
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![Federal Register / Vol. 80, No. 229 / Monday, November 30, 2015 / Notices 74817
suspected or confirmed compromise same-sex spouses became eligible family good conscience not to allow such individual
there is a risk of harm to economic or members under a Federal Employees to be enrolled as an annuitant 2 in a health
property interests, identity theft or Health Benefits (FEHB) Program benefits plan under [chapter 89].’’
fraud, or harm to the security or enrollment. Because existing same-sex The implementing regulation,
integrity of this system or other systems marriages were not recognized by the promulgated at 5 CFR 890.108, requires
or programs (whether maintained by Federal government before the Windsor the annuitant to provide OPM with
OPM or another agency or entity) that decision, all legal same-sex marriages evidence of the following in order to be
rely upon the compromised that predated the Windsor decision were granted a waiver for FEHB enrollment:
information; and (3) the disclosure treated as new marriages. FEHB (1) The individual intended to have
made to such agencies, entities, and enrollees, which included Federal FEHB coverage as an annuitant (retiree);
persons is reasonably necessary to assist employees and annuitants, had 60 days (2) The circumstances that prevented
in connection with OPM’s efforts to from June 26, 2013 until August 26, the individual from meeting the
respond to the suspected or confirmed 2013 to submit a request to change their requirements of 5 U.S.C. 8905(b) were
compromise and prevent, minimize, or FEHB eligibility enrollment from self- beyond the individual’s control; and
remedy such harm. only to self and family, to provide FEHB (3) The individual acted reasonably to
[FR Doc. 2015–30309 Filed 11–27–15; 8:45 am] coverage to their same-sex spouse. See protect his or her right to continue
BILLING CODE P OPM Benefits Administration Letter 13– coverage into retirement.
203 issued July 17, 2013. https:// OPM does not want to penalize an
www.opm.gov/retirement-services/ individual who is receiving a survivor
OFFICE OF PERSONNEL publications-forms/benefits- annuity as a same-sex spouse and who
MANAGEMENT administration-letters/2013/13-203.pdf. was not covered by a FEHB Self and
However, Federal employees and Family plan before his/her spouse’s
Post-DOMA Survivor Annuitant Federal annuitants who died on or before the death because prior to June 26, 2013, the
Employees Health Benefit Waiver date of the Windsor decision, June 26, provisions of the Defense of Marriage
Criteria 2013, did not have an option to elect Act (DOMA) prevented OPM from
AGENCY: U.S. Office of Personnel FEHB coverage for their same-sex recognizing the same-sex marriage.
Management. spouse. Therefore, we believe it would be
ACTION: Notice. In the ordinary course for a surviving against equity and good conscience not
spouse to be enrolled in FEHB after the to grant a waiver request submitted by
SUMMARY: The U.S. Office of Personnel death of the Federal employee or such individual. OPM will consider the
Management (OPM) has updated its annuitant, the deceased Federal criteria in 5 CFR 890.108 satisfied given
Waiver Policy on the official OPM Web employee or annuitant must have been the circumstances presented in the
site 1 to post the additional criteria OPM enrolled in Self and Family FEHB scope of this notice, provided that the
will consider when reviewing certain coverage that covered the surviving appropriate documentation of marriage
requests for waiver of the Federal spouse at the time of death and the and death is submitted.
Employees Health Benefit (FEHB) surviving spouse must be entitled to a OPM will accept the following to
Program enrollment eligibility monthly annuity as the survivor of a meet the requirements above:
requirements. The updates to the deceased Federal employee or 1. Proof of a legally valid same-sex
Waiver Policy detail the criteria OPM annuitant. This means, absent a waiver marriage performed prior to June 26,
will consider when reviewing waiver of the FEHB eligibility requirements 2013, to the deceased annuitant,
requests from individuals who are codified at 5 U.S.C. 8905(b)(2), 2. Proof that the deceased annuitant
receiving a monthly survivor annuity as individuals who are now receiving a died on or before June 26, 2013, and
the surviving same-sex spouse of a survivor annuity as the surviving same- 3. Proof that the deceased annuitant
Federal employee or annuitant who sex spouse of a deceased employee or was enrolled in FEHB at death.
died on or before June 26, 2013. After annuitant who died on or before June Individuals must submit requests for
an individual who is receiving a 26, 2013, are not eligible for FEHB waiver of the FEHB enrollment
monthly annuity as the surviving same- enrollment. eligibility requirements under 5 U.S.C.
sex spouse of a deceased Federal This notice outlines the updates to the 8905(b) to OPM in writing. These
employee or annuitant is granted a OPM FEHB Eligibility Waiver Policy waiver requests should be mailed to:
waiver pursuant to section 8905(b) of and identifies the criteria OPM will Office of Personnel Management,
title 5, U.S. Code, and the applicable consider when reviewing waiver Retirement Programs, Attn: Retirement
procedures, the FEHB enrollment will requests from individuals who are Eligibility Services—HB Waiver
be effective the first day of the first pay receiving a monthly survivor annuity Request, 1900 E Street NW.,Room 2416,
period that begins after the date on benefit as the surviving same-sex spouse Washington, DC 20415.
which that OPM granted the waiver. of a Federal employee or annuitant who In addition, the individual who is
The individual may not be enrolled in died on or before June 26, 2013. It also seeking a waiver of the FEHB eligibility
FEHB retroactively, unless there is clear prescribes the requirements and requirements must have already been
administrative error. enrollment effective dates for these adjudicated eligible for a survivor
certain survivor annuitants to receive annuity before he or she may seek a
FOR FURTHER INFORMATION CONTACT:
FEHB coverage. waiver under 5 U.S.C. 8905(b).
Chelsea Ruediger, chelsea.ruediger@
opm.gov, (202) 606–0004. Waiver Statute and Implementing Enrollment Effective Date
jstallworth on DSK7TPTVN1PROD with NOTICES
SUPPLEMENTARY INFORMATION: Following Regulations After an individual who is receiving
the Supreme Court’s June 26, 2013 Section 8905(b) of title 5, U.S. Code a survivor annuity as a same-sex spouse
decision in United States v. Windsor, allows OPM to waive certain FEHB
eligibility requirements for an 2 For purposes of the Federal Employees Health
1 See:https://www.opm.gov/healthcare- Benefits program, ‘‘annuitant’’ has been defined to
individual if OPM:
insurance/healthcare/reference-materials/ include, inter alia, a member of a family who
reference/annuitants-and-compensationers/ ‘‘determines that, due to exceptional receives an immediate annuity as the survivor of an
#current. circumstances, it would be against equity and employee. 5 U.S.C. 8901(3)(B).
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Document Created: 2018-03-01 11:11:52
Document Modified: 2018-03-01 11:11:52
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice; Routine Use Implementation and Response to Comments. | |
| FR Citation | 80 FR 74815 |
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