Privacy Act of 1974; System of Records, 8182-8185 [2017-01450]

Agencies

• DEPARTMENT OF DEFENSE
• Office of the Secretary

[Federal Register Volume 82, Number 14 (Tuesday, January 24, 2017)]
[Notices]
[Pages 8182-8185]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-01450]


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DEPARTMENT OF DEFENSE

Office of the Secretary

[Docket ID DOD-2017-OS-0005]


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, and Office of Management 
and Budget (OMB) Circular No. A-130, notice is hereby given that the 
Office of

[[Page 8183]]

the Secretary of Defense proposes to alter a system of records, DPR 45 
DoD, entitled ``Military OneSource (MOS) Case Management System 
(CMS)''. Military OneSource (MOS) is an Outreach Web site for the 
purpose of providing comprehensive information to members of the Armed 
Forces and their families about the benefits and services that are 
available to them. The covered benefits and services that are relevant 
to Military OneSource include information regarding financial 
compensation including financial counseling, educational assistance and 
benefits, relocation planning and preparation, quality of life 
programs, and family and community programs. The MOS is a Department of 
Defense-funded program (non-personal services contract) providing 
comprehensive information on every aspect of military life at no cost 
to Active Duty, Guard and Reserve Service members, and their families. 
These services are available 24 hours a day by telephone and online 
from any location in the world.
    This update reflects considerable administrative changes that in 
sum warrant an alteration to the systems of records notice. The 
applicable DoD Routine Uses have been incorporated in the notice to 
provide clarity for the public. Additionally, the categories records, 
authority for maintenance of the system, the purpose, retrievability, 
safeguards, retention and disposal, notification and record access 
procedures, and the contesting procedures.

DATES: Comments will be accepted on or before February 23, 2017. 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: https://www.regulations.gov. Follow the 
instructions for submitting comments.
    * Mail: Department of Defense, Office of the Deputy Chief 
Management Officer, Directorate for Oversight and Compliance, 
Regulatory and Advisory Committee Division, 4800 Mark Center Drive, 
Mailbox #24, Suite 08D09B, 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 https://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 at the Defense Privacy, Civil Liberties and Transparency Division 
Web site at https://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 January 5, 2017, 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 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: January 17, 2017.
Aaron Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
DPR 45 DoD

System Name:
    Military OneSource (MOS) Case Management System (CMS) (February 11, 
2015, 80 FR 7579)

Changes:
* * * * *

Categories of Records in the System:
    Delete entry and replace with ``Individual's full name, date of 
birth, gender, marital status, relationship to service member, rank, 
unit, branch of military service, military status, current address and 
mailing address, telephone numbers (work/home/cell/DSN) and participant 
authorization or refusal to allow incoming/outgoing text messages 
between participant and Military OneSource, email address, participant 
ID and case number (automatically generated internal numbers not 
provided to the participant), presenting issue/information requested, 
handoff type to contractor, handoff notes, if interpretation is 
requested and the language, referrals, and feedback from quality 
assurance follow-up with participants.
    Learning Management System: User account name, course history 
(attempted dates/times, grades), member type, agency, installation, 
unit, and service provider affiliation.
    Non-medical counseling information: Psychosocial history, 
assessment of personal concerns, provider name, phone number, and 
location, authorization number, and outcome summary.''

Authority for Maintenance of the System:
    Delete entry and replace with ``10 U.S.C. 136, Under Secretary of 
Defense for Personnel and Readiness; 10 U.S.C. 1781 note, Establishment 
of Online Resources To Provide Information About Benefits and Services 
Available to Members of the Armed Forces and Their Families; DoD 
Directive 1404.10, DoD Civilian Expeditionary Workforce; DoD Directive 
1322.18, Military Training; DoD Instruction (DoDI) 1342.22, Military 
Family Readiness; DoDI 6490.06, Counseling Services for DoD Military, 
Guard and Reserve, Certain Affiliated Personnel, and Their Family 
Members; and DoDI 1322.26, Development, Management, and Delivery of 
Distributed Learning.''

Purpose:
    Delete entry and replace with ``MOS CMS allows the documentation of 
an individual's eligibility; identification of the caller's inquiry or 
issue to provide a warm hand-off, referral and/or requested 
information; the development towards a final solution and referral 
information. The system also processes training registration, 
enrollment requests, and self-motivated education/training for its 
Learning Management System. Records may be used as a management tool 
for statistical analysis, tracking, reporting, and evaluating program 
effectiveness and conducting research. Information about individuals 
indicating a threat to self or others will be reported to the 
appropriate authorities in accordance with DoD/Military Branch of 
Service and Component regulations and established protocols.''

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, these records may specifically be disclosed outside the DoD 
as a routine use pursuant to 5 U.S.C 552a(b)(3) as follows:

[[Page 8184]]

    To authorized DoD MOS contractors for the purpose of responding to 
Service member or family member need.
    To contractors and grantees for the purpose of supporting research 
studies concerned with the effectiveness of non-medical counseling 
interventions.
    To local law enforcement entities for the purpose of intervention 
to prevent harm to the individual (self) in accordance with DoD/
Military Branch of Service and Component regulations and established 
protocols.
    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.
    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 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.''
* * * * *

Retrievability:
    Delete entry and replace with ``Information is retrieved by the 
participant's full name, or user account name (for the Learning 
Management System).''

Safeguards:
    Delete entry and replace with ``MOS CMS is hosted on a certified 
and accredited infrastructure. Records are maintained in a secure 
building in a controlled area accessible only to authorized personnel. 
Physical entry is restricted by the use of locks and passwords and 
administrative procedures which are changed periodically. The system is 
designed with access controls, comprehensive intrusion detection, and 
virus protection. Access to personally identifiable information in this 
system is role based and restricted to those who require the data in 
the performance of their official duties and have completed annual 
information assurance and privacy training. Records are encrypted 
during transmission to protect session information, and while not in 
use (data at rest).''

Retention and Disposal:
    Delete entry and replace with ``Master database files: Close after 
3 years of continuous inactivity or notification of discharge, 
retirement or separation of the service member, then destroy 10 years 
after closed.
    Non-medical counseling records: Close after 3 years of continuous 
inactivity or notification of discharge, retirement or separation of 
the service member, then destroy 15 years after closed.
    Training records: Close annually upon completion of training, then 
destroy 5 years after closed.
    Call center recordings: Close after referral to non-medical 
counseling, employee assistance program support, information and 
referral, then destroy after 90 days.''
* * * * *

Notification Procedures:
    Delete entry and replace with ``Individuals seeking to determine if 
information about themselves is contained in this record system should 
address inquiries to the appropriate system manager.
    Signed, written requests should include the individual's full name, 
current address, and telephone number.
    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]'.''

Record Access Procedures:
    Delete entry and replace with ``Individuals seeking to determine if 
information about themselves is contained in this record 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 include the individual's full name, 
current address, and telephone number, and the name and number of this 
system of records notice.
    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]'.''

Contesting Record Procedures:
    Delete entry and replace with ``The Office of the Secretary of 
Defense (OSD) rules for accessing records, for

[[Page 8185]]

contesting contents, and appealing initial agency determinations are 
published in OSD Administrative Instruction 81; 32 CFR part 311, or may 
be obtained from the system manager.''
* * * * *
[FR Doc. 2017-01450 Filed 1-23-17; 8:45 am]
 BILLING CODE 5001-06-P