81 FR 11764 - Privacy Act of 1974; System of Records

DEPARTMENT OF DEFENSE
Office of the Secretary

Federal Register Volume 81, Issue 44 (March 7, 2016)

The Office of the Secretary of Defense proposes to add a new system of records, DMDC 23 DoD, entitled ``Investigations and Resolutions Case Management System (IRCMS).'' This system will serve as the Department of Defense's enterprise-wide, web-based tracking and case management application that provides an effective mechanism to manage and track Equal Employment Opportunity (EEO) complaints submitted for investigation.

[Federal Register Volume 81, Number 44 (Monday, March 7, 2016)]
[Notices]
[Pages 11764-11766]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-04995]


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DEPARTMENT OF DEFENSE

Office of the Secretary

[Docket ID: DOD-2016-OS-0019]


Privacy Act of 1974; System of Records

AGENCY: Office of the Secretary of Defense, DoD.

ACTION: Notice to add a new system of records.

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SUMMARY: The Office of the Secretary of Defense proposes to add a new 
system of records, DMDC 23 DoD, entitled ``Investigations and 
Resolutions Case Management System (IRCMS).'' This system will serve as 
the Department of Defense's enterprise-wide, web-based tracking and 
case management application that provides an effective mechanism to 
manage and track Equal Employment Opportunity (EEO) complaints 
submitted for investigation.

DATES: Comments will be accepted on or before April 6, 2016. 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 February 23, 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 4c

[[Page 11765]]

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: March 2, 2016.
Aaron Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
DMDC 23 DoD

System name:
    Investigations and Resolutions Case Management System (IRCMS)

System location:
    Defense Civilian Personnel Advisory Service (DCPAS), Mark Center, 
4800 Mark Center Drive, Enterprise Human Resources Information Systems 
(EHRIS), Alexandria, VA 22350-1100.

Categories of individuals covered by the system:
    Applicants for Federal employment and current and former Department 
of Defense Federal employees who file complaints of discrimination or 
reprisal, appeals of agency decisions with the Equal Employment 
Opportunity (EEO) Commission, petitions for review of decisions of the 
Merit System Protection Board, or request for review of final decisions 
in negotiated grievance actions.

Categories of records in the system:
    Complainant's full name, date of birth, race, religion, gender, 
disability information, national origin; employment information; 
security clearance and educational information (as it relates to the 
nature of the EEO complaint); prior EEO activity; home address and 
telephone number; work telephone number; Agency Docket Number; and 
information about the alleged discrimination basis(es) and requested 
relief.

Authority for maintenance of the system:
    29 CFR 1614, Federal Sector Equal Employment Opportunity; E.O. 
12106, Transfer of Certain Equal Employment Enforcement Functions; E.O. 
11478, Equal Employment Opportunity in the Federal Government, as 
amended; and Department of Defense Instruction 1400.25, Volume 1614, 
DoD Civilian Personnel Management System: Investigation of Equal 
Employment Opportunity (EEO) Complaints.

Purpose(s):
    Provides an effective mechanism to manage and track EEO complaints 
submitted for investigation. The system provides a comprehensive 
repository for case information, electronic file management, and a 
full-featured report generation module to meet a variety of reporting 
requirements and program evaluation needs. The IRCMS includes the 
capability to enter and collect data, manage case deadlines, generate 
reports and metrics as required, and facilitate case management and 
program improvement decision-making within DoD. The information is also 
used to respond to individual Freedom of Information Act (FOIA) 
requests, Congressional requests, and performance metrics for 
employees.

Routine uses of records maintained in the system, including categories 
of users and the purposes of such uses:
    In addition to those disclosures generally permitted in accordance 
with 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) as follows:
    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 
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

[[Page 11766]]

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://dpclo.defense.gov/Privacy/SORNsIndex/BlanketRoutineUses.aspx.

Policies and practices for storing, retrieving, accessing, retaining, 
and disposing of records in the system:
Storage:
    Electronic storage media.

Retrievability:
    Complainant name and/or docket number.

Safeguards:
    Physical controls include use of visitor registers and 
identification badges, electronic key card access, and closed-circuit 
television monitoring. Technical controls including intrusion detection 
systems, secure socket layer encryption using DoD Public Key 
Infrastructure certificates, firewalls, and virtual private networks 
which protect the data in transit and at rest. Physical and electronic 
access is limited to individuals who are properly screened and cleared 
on a need-to-know basis in the performance of their official duties. 
Usernames, passwords, and Common Access Cards, in addition to role-
based access controls are used to control access to the systems data. 
Procedures are in place to deter and detect browsing and unauthorized 
access including periodic security audits and monitoring of users' 
security practices.

Retention and disposal:
    Disposition pending (treat records as permanent until the National 
Archives and Records Administration has approved the retention and 
disposition schedule).

System manager(s) and address:
    Defense Civilian Personnel Advisory Service (DCPAS), Mark Center, 
4800 Mark Center Drive, Enterprise Human Resources Information Systems 
(EHRIS), Alexandria, VA 22350-1100.

Notification procedures:
    Individuals seeking to determine whether information about 
themselves is contained in this system of records should address 
inquiries to Defense Civilian Personnel Advisory Service (DCPAS), Mark 
Center, 4800 Mark Center Drive, Enterprise Human Resources Information 
Systems (EHRIS), Alexandria, VA 22350-1100.
    Signed, written requests should contain the individual's full name 
and Agency Docket Number.

Record access procedures:
    Individuals seeking access to information about themselves 
contained in this system should address inquiries to the Office of the 
Secretary of Defense/Joint Staff Freedom of Information Act Requester 
Service Center, 1155 Defense Pentagon, Washington, DC 20301-1155.
    Signed, written requests should contain the name and number of this 
system of records notice along with the individual's full name and 
Agency Docket Number.

Contesting record procedures:
    The Office of the Secretary of Defense rules for accessing records, 
for contesting contents and appealing initial agency determinations are 
contained in Office of the Secretary of Defense Administrative 
Instruction 81; 32 CFR part 311; or may be obtained from the system 
manager.

Record source categories:
    The individual and the Servicing EEO Office.

Exemptions claimed for the System:
    None.

[FR Doc. 2016-04995 Filed 3-4-16; 8:45 am]
 BILLING CODE 5001-06-P