81 FR 9461 - Privacy Act of 1974; System of Records

DEPARTMENT OF DEFENSE
Office of the Secretary

Federal Register Volume 81, Issue 37 (February 25, 2016)

The Office of the Secretary of Defense proposes to alter a system of records, DWHS P04, entitled ``Reduction-In-Force Case Files'' to maintain records used to affect a RIF, document retention standing, personnel actions, and all communications between the employees, managers, and the Human Resources Office.

[Federal Register Volume 81, Number 37 (Thursday, February 25, 2016)]
[Notices]
[Pages 9461-9462]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-04038]



[[Page 9461]]

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DEPARTMENT OF DEFENSE

Office of the Secretary

[Docket ID: DOD-2016-OS-0014]


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: The Office of the Secretary of Defense proposes to alter a 
system of records, DWHS P04, entitled ``Reduction-In-Force Case Files'' 
to maintain records used to affect a RIF, document retention standing, 
personnel actions, and all communications between the employees, 
managers, and the Human Resources Office.

DATES: Comments will be accepted on or before March 28, 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, 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 18, 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 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: February 22, 2016.
Aaron Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
DWHS P04

System name:
    Reduction-In-Force Case Files (October 27, 2011, 76 FR 66695).

Changes:
* * * * *

System location:
    Delete entry and replace with ``Human Resources Directorate, 
Personnel Services Division, 4800 Mark Center Drive, Alexandria, VA 
22350-3200.''
* * * * *

Authority for maintenance of the system:
    Delete entry and replace with ``5 U.S.C. 7103, Definitions, 
application; 10 U.S.C. 1597, Civilian positions: Guidelines for 
reductions; 5 CFR 351, Reduction in Force; and DoD Instruction 1400.25, 
Volume 1700, DoD Civilian Personnel Management System: Civilian 
Assistance and Re-Employment (CARE) Program.''

Purpose(s):
    Delete entry and replace with ``To maintain records used to affect 
a RIF, document retention standing, personnel actions, and all 
communications between the employees, managers, and the Human Resources 
Office.''

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 in instances where an 
affected employee appeals the decision.
    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.
    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

[[Page 9462]]

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 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.''

Policies and practices for storing, retrieving, accessing, retaining, 
and disposing of records in the system:
Storage:
    Delete entry and replace with ``Paper file folders and electronic 
storage media.''

Retrievability:
    Delete entry and replace with ``Retrieved by fiscal year, effective 
date, organization name, then affected employees alphabetically by last 
name.''

Safeguards:
    Delete entry and replace with ``Paper records are maintained in 
locked file cabinets in a secure area in a building with 24-hour 
security. Access to records is only by authorized Reduction in Force 
(RIF) team personnel. Access to computerized data is restricted by 
Common Access Card.
    Records are maintained in a secure, password protected electronic 
system that utilizes security hardware and software. All personnel 
requiring access to the information are trained in the proper 
safeguarding and use of the information.''

Retention and disposal:
    Delete entry and replace with ``Records are destroyed two years 
after the RIF effective date, unless litigation, grievance, or equal 
employment opportunity case is pending.''

System manager(s) and address:
    Delete entry and replace with ``Assistant Director, Personnel 
Services Division, Human Resources Directorate, 4800 Mark Center Drive, 
Alexandria, VA 20350-3200.''

Notification procedure:
    Delete entry and replace with ``Individuals seeking to determine 
whether information about themselves is contained in this system should 
address written inquiries to the Assistant Director, Personnel Services 
Division, Human Resources Directorate, Washington Headquarters Service, 
4800 Mark Center Drive, Alexandria, VA 20350-3200.''

Record access procedures:
    Delete entry and replace with ``Individuals seeking access to 
information about themselves contained in this system 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 must include the name and number of this 
System of Records Notice along with the name of the individual and 
approximate date of RIF.''
* * * * *
[FR Doc. 2016-04038 Filed 2-24-16; 8:45 am]
 BILLING CODE 5001-06-P