81 FR 69801 - Privacy Act of 1974; System of Records

DEPARTMENT OF DEFENSE
Office of the Secretary

Federal Register Volume 81, Issue 195 (October 7, 2016)

Pursuant to the Privacy Act of 1974, 5 U.S.C. 552a, and Office of Management and Budget (OMB) Circular No. A-130, notice is hereby given that the Office of the Secretary of Defense proposes to alter a system of records, DHRA 12 DoD, entitled ``Defense Injury and Unemployment Compensation System,'' last published at 79 FR 19872, April 10, 2014. This system of records exists to administer Federal Employees Compensation Act claims in which individuals seek monetary, medical, and similar benefits for injuries or deaths sustained while performing assigned duties. Maintaining this record is necessary to provide counsel and assistance to employees regarding their entitlements and to conduct audits of such entitlements with concerned State Employment Security Agencies. This update reflects administrative changes that in sum warrant an alteration to the systems of records notice. Information collected on the individual has been reduced by eliminating the Occupational Safety and Health Act initial notification report from the record; accordingly, the reference has been removed from the categories of records and the purpose sections of the notice. The source authority, 5 U.S.C. 85, Unemployment Compensation, has been included as the DoD policy is derived from this statute. Further, the applicable DoD Routine Uses have been incorporated in the notice to provide clarity for the public. There are also modifications to system identifier, system name, system location, retention and disposal, system manager(s) and address, and notification procedure.

[Federal Register Volume 81, Number 195 (Friday, October 7, 2016)]
[Notices]
[Pages 69801-69803]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-24369]



[[Page 69801]]

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DEPARTMENT OF DEFENSE

Office of the Secretary

[Docket ID DOD-2016-OS-0095]


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, 5 U.S.C. 552a, and Office 
of Management and Budget (OMB) Circular No. A-130, notice is hereby 
given that the Office of the Secretary of Defense proposes to alter a 
system of records, DHRA 12 DoD, entitled ``Defense Injury and 
Unemployment Compensation System,'' last published at 79 FR 19872, 
April 10, 2014. This system of records exists to administer Federal 
Employees Compensation Act claims in which individuals seek monetary, 
medical, and similar benefits for injuries or deaths sustained while 
performing assigned duties. Maintaining this record is necessary to 
provide counsel and assistance to employees regarding their 
entitlements and to conduct audits of such entitlements with concerned 
State Employment Security Agencies.
    This update reflects administrative changes that in sum warrant an 
alteration to the systems of records notice. Information collected on 
the individual has been reduced by eliminating the Occupational Safety 
and Health Act initial notification report from the record; 
accordingly, the reference has been removed from the categories of 
records and the purpose sections of the notice. The source authority, 5 
U.S.C. 85, Unemployment Compensation, has been included as the DoD 
policy is derived from this statute. Further, the applicable DoD 
Routine Uses have been incorporated in the notice to provide clarity 
for the public. There are also modifications to system identifier, 
system name, system location, retention and disposal, system manager(s) 
and address, and notification procedure.

DATES: Comments will be accepted on or before November 7, 2016. This 
proposed action will be effective on 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, Regulatory 
and Audit Matters Office, 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 from the Defense Privacy, Civil Liberties, and Transparency Division 
Web site at http://dpcld.defense.gov/.
    The proposed systems reports, as required by 5 U.S.C. 552a(r) of 
the Privacy Act, as amended, were submitted on September 20, 2016, to 
the House Committee on Oversight and Government Reform, the Senate 
Committee on Homeland Security and 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: October 4, 2016.
Aaron Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
DHRA 12 DoD

System Name:
    Defense Injury and Unemployment Compensation System (April 10, 
2014, 79 FR 19872).

Changes:
System ID:
    Delete entry and replace with ``DMDC 27 DoD.''

System Name:
    Delete entry and replace with ``Defense Injury and Unemployment 
Compensation System (DIUCS).''

System location:
    Delete entry and replace with ``Defense Manpower Data Center, 
Denver Data Center, 1401 Del Norte Street, Denver, CO 80221-7143.''
* * * * *

Categories of records in the system:
    Delete entry and replace with ``Name, Social Security Number (SSN), 
claim number, date of birth, gender, home phone number, home address; 
component, occupation, assignment and duty location information; wages, 
benefits, entitlement data necessary to injury and unemployment claim 
management; Department of Labor/Office of Workers Compensation Programs 
(DOL/OWCP) claim status; authorization for medical care; related DoD 
personnel records such as, timekeeping and payroll data, reports 
descriptive of the incident and extent of injury for use in DOL/OWCP 
adjudication of the claim; reports related to payment of benefits 
through SESA offices, State where the claim for unemployment 
compensation was filed and approximate date filed with the SESA.''

Authority for maintenance of the system:
    Delete entry and replace with ``10 U.S.C. 136, Under Secretary of 
Defense for Personnel and Readiness; 5 U.S.C. 81, Compensation for Work 
Injuries; 5 U.S.C. 85, Unemployment Compensation; DoD Instruction 
(DoDI) 1400.25-V810, DoD Civilian Personnel Management System: Injury 
Compensation; DoDI 1400.25-V850, DoD Civilian Personnel Management 
System: Unemployment Compensation (UC); and E.O. 9397 (SSN), as 
amended.''

Purpose(s):
    Delete entry and replace with ``To manage FECA claims seeking 
monetary, medical, and similar benefits for injuries or deaths 
sustained while performing assigned duties.
    Records are maintained for the purpose of auditing the State 
itemized listings of unemployment compensation charges, identifying 
erroneous charges and requesting credits from the SESAs, and tracking 
the charges to ensure that credits are received from the appropriate 
State jurisdictions.''

[[Page 69802]]

    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) as 
follows:
    To the Office of Personnel Management, Department of Labor and 
Social Security Administration for the purpose of ensuring appropriate 
payment of benefits.
    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.
    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.''
* * * * *

Retention and disposal:
    Delete entry and replace with ``Destroy closed claims 10 years 
after the case is closed by the Department of Labor and all related 
activity has ceased.''

System manager(s) and address:
    Delete entry and replace with ``DIUCS Program Manager, Defense 
Manpower Data Center, Enterprise Human Resources Information Systems 
Directorate, 4800 Mark Center Drive, Alexandria, VA 22350-4000.
    Functional Program Manager, Defense Civilian Personnel Advisory 
Service, Human Resources Operational Programs and Advisory Service, 
4800 Mark Center Drive, Alexandria, VA 22350-1100.''

Notification procedure:
    Delete entry and replace with ``Individuals seeking to determine 
whether information about themselves relating to a workers compensation 
claim is contained in this system should address written inquiries to 
their designated Injury Compensation Program Administrator (ICPA), or 
contact the Defense Civilian Personnel Advisory Service, Human 
Resources Operational Programs and Advisory Service, 4800 Mark Center 
Drive, Alexandria, VA 22350-1100.
    Signed, written requests regarding Unemployment Compensation should 
include the individual's full name, SSN, address, state where the claim 
for unemployment compensation was filed, and approximate date filed 
with the SESA.
    Individuals seeking to determine whether information about 
themselves relating to SESA is contained in this system should address 
written inquiries to their designated Unemployment Compensation Program 
Administrator (UCPA), or contact the Defense Civilian Personnel 
Advisory Service, Human Resources Operational Programs and Advisory 
Service, 4800 Mark Center Drive, Alexandria, VA 22350-1100.
    Signed, written requests regarding SESA should include the 
individual's full name, SSN, address, state where the claim for 
unemployment compensation was filed, and approximate date filed with 
the SESA.
    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

[[Page 69803]]

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 of records should 
address written inquiries to the OSD/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, 
SSN, address, and the name and number of this system of records notice. 
If the request involves unemployment compensation, it should include 
the State where the claim for unemployment compensation was filed and 
approximate date filed with the SESA.
    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).' ''
* * * * *
[FR Doc. 2016-24369 Filed 10-6-16; 8:45 am]
BILLING CODE 5001-06-P