Privacy Act of 1974; System of Records, 73324-73326 [2023-23300]

Agencies

• DEPARTMENT OF DEFENSE
• Department of the Army

[Federal Register Volume 88, Number 205 (Wednesday, October 25, 2023)]
[Notices]
[Pages 73324-73326]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-23300]


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DEPARTMENT OF DEFENSE

Department of the Army

[Docket ID: USA-2023-HQ-0015]


Privacy Act of 1974; System of Records

AGENCY: Department of the Army, Department of Defense (DoD).

ACTION: Notice of a new system of records.

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SUMMARY: In accordance with the Privacy Act of 1974, the Department of 
the Army proposes to establish a new system of records titled, Army 
Safety Management Program Records (ASMPR)-A0385-1 DAS. It supports the 
management and prevention of work-related illnesses and injuries by 
individuals engaged in DoD work-related activities while on or off the 
worksite. The system automates accidents, mishaps, safety inspections, 
and workplace hazard investigation data collection, identifies causal 
factors and potentially unsafe practices or conditions, and makes 
recommendations for corrective actions to prevent recurrence and reduce 
hazardous conditions. Additionally, DoD is issuing a Notice of Proposed 
Rulemaking, which proposes to exempt this system of records from 
certain provisions of the Privacy Act, elsewhere in today's issue of 
the Federal Register.

DATES: This system of records is effective upon publication; however, 
comments on the Routine Uses will be accepted on or before November 24, 
2023. The Routine Uses are effective at the close of the comment 
period.

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 Assistant to the 
Secretary of Defense for Privacy, Civil Liberties, and Transparency, 
Regulatory Directorate, 4800 Mark Center Drive, Attn: Mailbox 24, Suite 
08D09, 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: Ms. Joyce Luton, Department of the 
Army, Records Management Directorate, Attention: Army Privacy and Civil 
Liberties Office, 9301 Chapek Road (Building 1458), Fort Belvoir, VA 
22060-5605, or by calling (571) 515-0213.

SUPPLEMENTARY INFORMATION:

I. Background

    The Army Safety Management Information Program Records (ASMPR) 
documents safety mishaps and occupational incidents that require a 
safety investigation or an occupational health report as mandated by 
Federal law or DoD and Army policies. The system of records supports 
the operation of the Army's safety and occupational health program, 
which seeks to protect personnel from accidental death, injury, or 
occupational illness and apply risk management strategies to eliminate 
occupational injury or illness and loss of mission capability and 
resources, both on and off duty. This system of records describes 
Army's collection, use, and maintenance of records about an individual 
associated with accidents, mishaps, safety inspections, workplace 
hazards, and general risk management.
    DoD SORNs 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 Freedom of Information 
Directorate website at https://dpcld.defense.gov.

II. Privacy Act

    Under the Privacy Act, a ``system of records'' is a group of 
records under the control of an agency from which information is 
retrieved by the name of an individual or by some identifying number, 
symbol, or other identifying particular assigned to the individual. In 
the Privacy Act, an individual is defined as a U.S. citizen or lawful 
permanent resident.

[[Page 73325]]

    In accordance with 5 U.S.C. 552a(r) and Office of Management and 
Budget (OMB) Circular No. A-108, DoD has provided a report of this 
system of records to the OMB and to Congress.

    Dated: October 17, 2023.
Aaron T. Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.

SYSTEM NAME AND NUMBER:
    Army Safety Management Program Records (ASMPR)-A0385-1 DAS.

SECURITY CLASSIFICATION:
    Unclassified.

SYSTEM LOCATION:
    U.S. Army Combat Readiness Center 4905 5th Ave, Fort Rucker, AL 
36362.

SYSTEM MANAGER(S):
    The system manager is Commander, U.S. Army Combat Readiness Center, 
4905 5th Avenue, Fort Rucker, AL 36362-5363, 334-255-3819.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    10 U.S.C. 113, Secretary of Defense; 10 U.S.C. 7013, Secretary of 
the Army; 5 U.S.C. 7902, Safety Programs; Executive Order (E.O.) 12196, 
Occupational Safety and Health Programs for Federal employees; DoD 
Instruction (DoDI) 6055.01, DoD Safety and Occupational Health (SOH) 
Program; DoDI 6055.05, Occupational and Environmental Health (OEH); 
DoDI 6055.07, Mishap Notification, Investigation, Reporting, and Record 
Keeping; Army Regulation 385-10, Army Safety Program; and E.O. 9397 
(SSN), as amended.

PURPOSE(S) OF THE SYSTEM:
    A. To investigate injuries and illnesses due to work-related 
activities, support the prevention and management of such injuries and 
illnesses, and reduce their adverse impact on operational readiness.
    B. To support the automation and integration safety and 
occupational health into the Department of Army's overall management 
system and to ensure continuous improvement of safety and occupational 
health performance throughout the agency.
    C. To collect and analyze safety and occupational health experience 
and exposure data for further study, and train personnel in safety and 
health.
    D. To document and correlate relationships between planned actions 
and resultant accidents, mishaps, safety inspections, and workplace 
hazards; and to support prevention efforts.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    (1) Individuals who suffer work-related injuries or illness caused 
by an accident, mishap, or hazard during work-related activities while 
on or off a DoD worksite, where there is a nexus to Department of Army 
personnel, activities, or facilities/equipment; (2) individuals found 
to have contributed to the accident, mishap, or hazard.

CATEGORIES OF RECORDS IN THE SYSTEM:
    A. For both categories of individuals, the system is likely to 
include Personal Information such as name, Social Security Number 
(SSN), DoD ID number, date of birth, gender, home address, email 
address, phone numbers, marital status, language; employment 
information, to include pay grade, job title, military unit 
destination, branch and location, educational status, deployment date.
    B. For the category of individuals who have suffered injury or 
illness, the system is likely to include date of injury or illness, 
diagnosis, photographs, reports (police or casualty) and witness 
statements, investigation board findings and recommendations, mishap-
related injuries recorded in military medical treatment records, and 
other records relevant to evaluating or investigating the illness, 
injury, or incident.
    C. For category of individuals who were found to have caused the 
mishap or accident, the system is likely to include training and 
licensures pertinent to the operation of the specific vehicle or 
equipment involved, alcohol use, blood alcohol level if applicable, 
drug use, activity, fatigue factors, mistake(s) that contributed, 
personal protective equipment provided or used, and other records 
relevant to evaluating or investigating the incident.
    Note 1. SSNs are no longer collected or retained for any individual 
involved in a mishap or accident. The SSN is only maintained in legacy 
mishap reports created prior to October 5, 2020.
    Note 2. Privileged Safety Information, as defined in DoDI 6055.07, 
is not included in this system of records.
    Note 3. General training records maintained in Army Safety 
Management Information System (ASMIS) that are not incorporated into a 
mishap or accident file are covered by DoD-0005, Defense Training 
Records SORN.

RECORD SOURCE CATEGORIES:
    Records and information stored in this system of records are 
obtained from:
    A. Individuals, medical examiners, physicians or other medical 
service providers, supervisors, worker's compensation program records, 
and other relevant sources to supplement information reported directly 
by injured personnel.
    B. Incident and investigative reports, to include accident/casualty 
reports, and military aviation records.
    C. Other DoD databases, to include: Defense Manpower Data Center, 
Defense Civilian Personnel Data System, Defense Enrollment Eligibility 
Reporting System (DEERS), Defense Casualty Information Processing 
System, Reserve Component Automation System--Safety & Occupational 
Health, and Defense Health Agency E-Commerce System.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND PURPOSES OF SUCH USES:
    In addition to those disclosures generally permitted under 5 U.S.C. 
552a(b) of the Privacy Act of 1974, as amended, all or a portion of the 
records or information contained herein may specifically be disclosed 
outside the DoD as a routine use pursuant to 5 U.S.C. 552a(b)(3) as 
follows:
    A. To contractors, grantees, experts, consultants, students, and 
others performing or working on a contract, service, grant, cooperative 
agreement, or other assignment for the Federal Government when 
necessary to accomplish an agency function related to this system of 
records.
    B. To the appropriate Federal, State, local, territorial, tribal, 
foreign, or international law enforcement authority or other 
appropriate entity where a record, either alone or in conjunction with 
other information, indicates a violation or potential violation of law, 
whether criminal, civil, or regulatory in nature.
    C. To any component of the Department of Justice for the purpose of 
representing the DoD, or its components, officers, employees, or 
members in pending or potential litigation to which the record is 
pertinent.
    D. In an appropriate proceeding before a court, grand jury, or 
administrative or adjudicative body or official, when the DoD or other 
Agency representing the DoD determines that the records are relevant 
and necessary to the proceeding; or in an appropriate proceeding before 
an administrative or adjudicative body when the adjudicator determines 
the records to be relevant to the proceeding.
    E. To the National Archives and Records Administration for the 
purpose of records management inspections conducted under the authority 
of 44 U.S.C. 2904 and 2906.
    F. To a Member of Congress or staff acting upon the Member's behalf 
when

[[Page 73326]]

the Member or staff requests the information on behalf of, and at the 
request of, the individual who is the subject of the record.
    G. To appropriate agencies, entities, and persons when (1) the DoD 
suspects or confirms a breach of the system of records; (2) the DoD 
determines as a result of the suspected or confirmed breach there is a 
risk of harm to individuals, the DoD (including its information 
systems, programs, and operations), the Federal Government, or national 
security; and (3) the disclosure made to such agencies, entities, and 
persons is reasonably necessary to assist in connection with the DoD's 
efforts to respond to the suspected or confirmed breach or to prevent, 
minimize, or remedy such harm.
    H. To another Federal agency or Federal entity, when the DoD 
determines that information from this system of records is reasonably 
necessary to assist the recipient agency or entity in (1) responding to 
a suspected or confirmed breach or (2) preventing, minimizing, or 
remedying the risk of harm to individuals, the recipient agency or 
entity (including its information systems, programs and operations), 
the Federal Government, or national security, resulting from a 
suspected or confirmed breach.
    I. To another Federal, State or local agency for the purpose of 
comparing to the agency's system of records or to non-Federal records, 
in coordination with an Office of Inspector General in conducting an 
audit, investigation, inspection, evaluation, or some other review as 
authorized by the Inspector General Act of 1978, as amended.
    J. To such recipients and under such circumstances and procedures 
as are mandated by Federal statute or treaty.
    K. To the U.S. Department of Labor, the Federal Aviation 
Administration, the National Transportation Safety Board, and state or 
local government organizations for use in a combined effort of accident 
prevention and post-incident analysis of factual data.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    Records may be stored electronically or on paper in secure 
facilities in a locked drawer behind a locked door. The records may be 
stored on magnetic disc, tape, or digital media or in agency-owned 
cloud environments.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    Records may be retrieved by the individual's name, DoD ID number, 
and/or DoD email address.

POLICIES AND PRACTICES FOR RETENTIO AND DISPOSAL OF RECORDS:
    Records are retained for 50 years then destroyed.

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    Records are maintained in controlled areas accessible only to 
authorized personnel. Access to personal information is further 
restricted by the use of Common Access Cards and user ID/passwords. 
Paper records are maintained in a controlled facility where physical 
entry is restricted by the use of locks, a card access control system, 
staffed reception areas and cameras inside and outside which monitor 
all doors. Technical controls in place include user identification and 
passwords, an Intrusion Detection System, encryption, firewalls, 
Virtual Private Networks and Public Key Infrastructure Certificates. 
Administrative controls in place include periodic security audits, 
ensuring only authorized personnel have access to personally 
identifiable information, encryption of backups containing sensitive 
data, and securing backups off-site.

RECORD ACCESS PROCEDURES:
    Individuals seeking access to their records should follow the 
procedures in 32 CFR part 310. Individuals should address written 
inquiries to the FOIA Office, Commander, U.S. Army Combat Readiness 
Center, 4905 5th Avenue, Fort Rucker, AL 36362-5363. Signed written 
requests should contain the name and number of this system of records 
notice along with the full name, current address, and email address of 
the individual. In addition, the requester must provide either a 
notarized statement or an unsworn declaration made in accordance with 
28 U.S.C. 1746, in the appropriate 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:
    The DoD rules for accessing records, contesting contents, and 
appealing initial agency determinations are contained in 32 CFR part 
310, or may be obtained from the system manager.

NOTIFICATION PROCEDURES:
    Individuals seeking to determine whether information about 
themselves is contained in this system should follow the instructions 
for Record Access Procedures above.

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    The DoD has exempted records maintained in this system from 5 
U.S.C. 552a(c)(3), (d)(1), (2), (3) and (4); (e)(1), (4)(G), (H), and 
(I); and (f) of the Privacy Act, pursuant to 5 U.S.C. 552a(k)(2), as 
applicable. In addition, when exempt records received from other 
systems of records become part of this system, the DoD also claims the 
same exemptions for those records that are claimed for the prior 
system(s) of records from which they were a part and claims any 
additional exemptions set forth here. An exemption rule for this system 
has been promulgated in accordance with the requirements of 5 U.S.C. 
553(b)(1), (2), and (3), and (c), and published in 32 CFR part 310.

HISTORY:
    None.

[FR Doc. 2023-23300 Filed 10-24-23; 8:45 am]
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