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)

Page Range		11764-11766
FR Document		2016-04995

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 Issue 44 (Monday, March 7, 2016)

[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

Federal Register / Vol. 81, No. 44 / Monday, March 7, 2016 / Notices 11765

of Appendix I to OMB Circular No. A– management, and a full-featured report a license, grant, or other benefit by the
130, ‘‘Federal Agency Responsibilities generation module to meet a variety of requesting agency, to the extent that the
for Maintaining Records About reporting requirements and program information is relevant and necessary to
Individuals,’’ dated February 8, 1996 evaluation needs. The IRCMS includes the requesting agency’s decision on the
(February 20, 1996, 61 FR 6427). the capability to enter and collect data, matter.
Dated: March 2, 2016. manage case deadlines, generate reports Congressional Inquiries Disclosure
and metrics as required, and facilitate Routine Use. Disclosure from a system
Aaron Siegel,
case management and program of records maintained by a DoD
Alternate OSD Federal Register Liaison Component may be made to a
Officer, Department of Defense.
improvement decision-making within
DoD. The information is also used to congressional office from the record of
DMDC 23 DoD respond to individual Freedom of an individual in response to an inquiry
Information Act (FOIA) requests, from the congressional office made at
SYSTEM NAME: the request of that individual.
Congressional requests, and
Investigations and Resolutions Case performance metrics for employees. Disclosure to the Office of Personnel
Management System (IRCMS) Management Routine Use. A record
ROUTINE USES OF RECORDS MAINTAINED IN THE from a system of records subject to the
SYSTEM LOCATION: SYSTEM, INCLUDING CATEGORIES OF USERS AND Privacy Act and maintained by a DoD
Defense Civilian Personnel Advisory THE PURPOSES OF SUCH USES:
Component may be disclosed to the
Service (DCPAS), Mark Center, 4800 In addition to those disclosures Office of Personnel Management (OPM)
Mark Center Drive, Enterprise Human generally permitted in accordance with concerning information on pay and
Resources Information Systems (EHRIS), 5 U.S.C. 552a(b) of the Privacy Act of leave, benefits, retirement deduction,
Alexandria, VA 22350–1100. 1974, as amended, the records and any other information necessary for
contained herein may specifically be the OPM to carry out its legally
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
disclosed outside the DoD as a routine authorized government-wide personnel
use pursuant to 5 U.S.C. 552a(b)(3) as management functions and studies.
Applicants for Federal employment follows: Disclosure to the Department of
and current and former Department of Law Enforcement Routine Use. If a Justice for Litigation Routine Use. A
Defense Federal employees who file system of records maintained by a DoD record from a system of records
complaints of discrimination or reprisal, Component to carry out its functions maintained by a DoD Component may
appeals of agency decisions with the indicates a violation or potential be disclosed as a routine use to any
Equal Employment Opportunity (EEO) violation of law, whether civil, criminal, component of the Department of Justice
Commission, petitions for review of or regulatory in nature, and whether for the purpose of representing the
decisions of the Merit System Protection arising by general statute or by Department of Defense, or any officer,
Board, or request for review of final regulation, rule, or order issued employee or member of the Department
decisions in negotiated grievance pursuant thereto, the relevant records in in pending or potential litigation to
actions. the system of records may be referred, which the record is pertinent.
CATEGORIES OF RECORDS IN THE SYSTEM: as a routine use, to the agency Disclosure of Information to the
Complainant’s full name, date of concerned, whether federal, state, local, National Archives and Records
birth, race, religion, gender, disability or foreign, charged with the Administration Routine Use. A record
information, national origin; responsibility of investigating or from a system of records maintained by
employment information; security prosecuting such violation or charged a DoD Component may be disclosed as
clearance and educational information with enforcing or implementing the a routine use to the National Archives
(as it relates to the nature of the EEO statute, rule, regulation, or order issued and Records Administration for the
complaint); prior EEO activity; home pursuant thereto. purpose of records management
Disclosure When Requesting inspections conducted under authority
address and telephone number; work
Information Routine Use. A record from of 44 U.S.C. 2904 and 2906.
telephone number; Agency Docket
a system of records maintained by a Disclosure to the Merit Systems
Number; and information about the
DoD Component may be disclosed as a Protection Board Routine Use. A record
alleged discrimination basis(es) and
routine use to a federal, state, or local from a system of records maintained by
requested relief.
agency maintaining civil, criminal, or a DoD Component may be disclosed as
AUTHORITY FOR MAINTENANCE OF THE SYSTEM: other relevant enforcement information a routine use to the Merit Systems
29 CFR 1614, Federal Sector Equal or other pertinent information, such as Protection Board, including the Office of
Employment Opportunity; E.O. 12106, current licenses, if necessary to obtain the Special Counsel for the purpose of
Transfer of Certain Equal Employment information relevant to a DoD litigation, including administrative
Enforcement Functions; E.O. 11478, Component decision concerning the proceedings, appeals, special studies of
Equal Employment Opportunity in the hiring or retention of an employee, the the civil service and other merit
Federal Government, as amended; and issuance of a security clearance, the systems, review of OPM or component
Department of Defense Instruction letting of a contract, or the issuance of rules and regulations, investigation of
1400.25, Volume 1614, DoD Civilian a license, grant, or other benefit. alleged or possible prohibited personnel
Personnel Management System: Disclosure of Requested Information practices; including administrative
Routine Use. A record from a system of proceedings involving any individual
asabaliauskas on DSK3SPTVN1PROD with NOTICES

Investigation of Equal Employment
Opportunity (EEO) Complaints. records maintained by a DoD subject of a DoD investigation, and such
Component may be disclosed to a other functions, promulgated in 5 U.S.C.
PURPOSE(S): federal agency, in response to its 1205 and 1206, or as may be authorized
Provides an effective mechanism to request, in connection with the hiring or by law.
manage and track EEO complaints retention of an employee, the issuance Data Breach Remediation Purposes
submitted for investigation. The system of a security clearance, the reporting of Routine Use. A record from a system of
provides a comprehensive repository for an investigation of an employee, the records maintained by a Component
case information, electronic file letting of a contract, or the issuance of may be disclosed to appropriate

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11766 Federal Register / Vol. 81, No. 44 / Monday, March 7, 2016 / Notices

agencies, entities, and persons when (1) and electronic access is limited to CONTESTING RECORD PROCEDURES:
The Component suspects or has individuals who are properly screened The Office of the Secretary of Defense
confirmed that the security or and cleared on a need-to-know basis in rules for accessing records, for
confidentiality of the information in the the performance of their official duties. contesting contents and appealing
system of records has been Usernames, passwords, and Common initial agency determinations are
compromised; (2) the Component has Access Cards, in addition to role-based contained in Office of the Secretary of
determined that as a result of the access controls are used to control Defense Administrative Instruction 81;
suspected or confirmed compromise access to the systems data. Procedures 32 CFR part 311; or may be obtained
there is a risk of harm to economic or are in place to deter and detect browsing from the system manager.
property interests, identity theft or and unauthorized access including
fraud, or harm to the security or periodic security audits and monitoring RECORD SOURCE CATEGORIES:
integrity of this system or other systems of users’ security practices. The individual and the Servicing EEO
or programs (whether maintained by the Office.
RETENTION AND DISPOSAL:
Component or another agency or entity)
that rely upon the compromised Disposition pending (treat records as EXEMPTIONS CLAIMED FOR THE SYSTEM:
information; and (3) the disclosure permanent until the National Archives None.
made to such agencies, entities, and and Records Administration has
[FR Doc. 2016–04995 Filed 3–4–16; 8:45 am]
persons is reasonably necessary to assist approved the retention and disposition
BILLING CODE 5001–06–P
in connection with the Components schedule).
efforts to respond to the suspected or SYSTEM MANAGER(S) AND ADDRESS:
confirmed compromise and prevent, Defense Civilian Personnel Advisory DEPARTMENT OF DEFENSE
minimize, or remedy such harm. Service (DCPAS), Mark Center, 4800
The DoD Blanket Routine Uses set Mark Center Drive, Enterprise Human Office of the Secretary
forth at the beginning of the Office of Resources Information Systems (EHRIS),
the Secretary of Defense (OSD) Alexandria, VA 22350–1100. [Transmittal No. 16–04]
compilation of systems of records
notices may apply to this system. The NOTIFICATION PROCEDURES: 36(b)(1) Arms Sales Notification
complete list of DoD Blanket Routine Individuals seeking to determine
Uses can be found Online at: http:// whether information about themselves AGENCY: Defense Security Cooperation
dpclo.defense.gov/Privacy/ is contained in this system of records Agency, Department of Defense.
SORNsIndex/BlanketRoutineUses.aspx. should address inquiries to Defense ACTION: Notice.
Civilian Personnel Advisory Service
POLICIES AND PRACTICES FOR STORING, SUMMARY: The Department of Defense is
(DCPAS), Mark Center, 4800 Mark
RETRIEVING, ACCESSING, RETAINING, AND publishing the unclassified text of a
DISPOSING OF RECORDS IN THE SYSTEM:
Center Drive, Enterprise Human
Resources Information Systems (EHRIS), section 36(b)(1) arms sales notification.
STORAGE: Alexandria, VA 22350–1100. This is published to fulfill the
Electronic storage media. Signed, written requests should requirements of section 155 of Public
contain the individual’s full name and Law 104–164 dated July 21, 1996.
RETRIEVABILITY:
Agency Docket Number. FOR FURTHER INFORMATION CONTACT:
Complainant name and/or docket Sarah A. Ragan or Heather N. Harwell,
number. RECORD ACCESS PROCEDURES:
DSCA/LMO, (703) 604–1546/(703) 607–
Individuals seeking access to 5339.
SAFEGUARDS: information about themselves contained The following is a copy of a letter to
Physical controls include use of in this system should address inquiries the Speaker of the House of
visitor registers and identification to the Office of the Secretary of Defense/ Representatives, Transmittal 16–04 with
badges, electronic key card access, and Joint Staff Freedom of Information Act attached Policy Justification and
closed-circuit television monitoring. Requester Service Center, 1155 Defense Sensitivity of Technology.
Technical controls including intrusion Pentagon, Washington, DC 20301–1155.
detection systems, secure socket layer Signed, written requests should Dated: March 1, 2016.
encryption using DoD Public Key contain the name and number of this Aaron Siegel,
Infrastructure certificates, firewalls, and system of records notice along with the Alternate OSD Federal Register Liaison
virtual private networks which protect individual’s full name and Agency Officer, Department of Defense.
the data in transit and at rest. Physical Docket Number. BILLING CODE 5001–06–P
asabaliauskas on DSK3SPTVN1PROD with NOTICES

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Document Created: 2018-02-02 15:07:57
Document Modified: 2018-02-02 15:07:57

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 to add a new system of records.
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.
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.
FR Citation		81 FR 11764

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

DEPARTMENT OF DEFENSEOffice of the Secretary

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

DEPARTMENT OF DEFENSE
Office of the Secretary