Sorn - Opm/govt-1 & Opm/govt-2

74815

Federal Register / Vol. 80, No. 229 / Monday, November 30, 2015 / Notices
[email protected] or
[email protected].
Dated: November 24, 2015.
Denise L. McGovern,
Policy Coordinator, Office of the Secretary.
[FR Doc. 2015–30420 Filed 11–25–15; 11:15 am]
BILLING CODE 7590–01–P

OFFICE OF PERSONNEL
MANAGEMENT
Privacy Act of 1974; Routine Use
Implementation; System of Records
U.S. Office of Personnel
Management.
ACTION: Notice; Routine Use
Implementation and Response to
Comments.
AGENCY:

Pursuant to the provisions of
the Privacy Act of 1974, 5 U.S.C. 552a,
and Office of Management and Budget
(OMB), Circular No. A–130, notice is
given that the U.S. Office of Personnel
Management is implementing the
modification, proposed in 80 FR 42133,
to all of its systems of records, as
identified in the list below.
SUPPLEMENTARY INFORMATION: On July
16, 2015, OPM published a notice to
establish a new Privacy Act routine use
which is applicable to all OPM systems
of records. The new routine use allows
OPM to disclose information to
appropriate persons and entities for
response and remediation purposes in
the event of suspected or confirmed
compromise of information in any of its
systems. 80 FR 42133 (July 16, 2015).
The July 16th notice invited comments
on the new routine use until August 17,
2015. OPM received 5 comments during
this period. After reviewing and

jstallworth on DSK7TPTVN1PROD with NOTICES

SUMMARY:

considering the comments, OPM has
decided to implement the new routine
use without substantive alteration. A
description of the comments and OPM’s
corresponding responses are included
below.
Two Federal agencies requested
administrative changes that were
unrelated to the form or substance of
this routine use. In response to one
agency comment, OPM re-listed all of
the OPM systems to which the new
routine use will apply, including OPM/
Central-19, which had been
inadvertently left out of the prior notice.
OPM determined that the other
suggested changes do not affect
implementation of the newly proposed
use because they pertain specifically to
other OPM systems of records.
Therefore, those suggestions will be
considered in future updates to notices
regarding those systems.
OPM also received comments from a
non-governmental organization
regarding the location of certain records
in other OPM systems and requesting
notice in the event that those systems
are compromised. OPM plans to
continue fulfilling its breach
notification responsibilities whenever
appropriate and will respond separately
to the organization with regard to its
other comments, which seek OPM’s
response to a previous communication.
Finally, one individual and one
Federal employee union sought
information about security measures
that would be taken to convey
information shared outside of OPM
pursuant to the new routine use. As
with information shared outside the
agency pursuant any routine use
associated with its systems, OPM will
transmit such information in accordance

with applicable information security
laws, guidelines, and standards
including, but not limited to, the
Federal Information Security
Management Act (Pub. L. 107–296), and
associated OMB policies, standards and
guidance from the National Institute of
Standards and Technology.
The individual commenter and
employee union also questioned
whether the routine use is appropriately
tailored to address activities related to
the suspected or confirmed compromise
of information, OPM adopted the model
language developed by the Office of
Management and Budget (OMB
Memorandum 07–16, Safeguarding
Against and Responding to the Breach
of Personally Identifiable Information,
Attachment 2) and adopted by a number
of other Federal agencies. As drafted,
this routine use permits the agency to
protect sensitive information contained
in OPM’s systems while also facilitating
mitigation and prevention activities in
the event of confirmed or suspected
compromise of information. Therefore,
OPM has adopted the new routine use,
first published on July 16, 2015, without
further change.
A description of the modification to
the agency’s systems of records is
provided below. In accordance with 5
U.S.C. 552a(r), the agency has provided
a report to OMB and the Congress.
U.S. Office of Personnel Management.
Beth F. Cobert,
Director.

U.S. Office of Personnel Management
Privacy Act notices and citations follow.
An asterisk (*) designates the last
publication of the complete document
in the Federal Register.

SORN

Title

2013 statement .........
CENTRAL–1 ..............

2013 OPM Statement of Routine Uses for OPM’s Internal and Central Systems of
Records.
Civil Service Retirement and Insurance Records ...............................................................

CENTRAL–2 ..............
CENTRAL–4 ..............
CENTRAL–5 ..............

Complaints and Inquiries Records ......................................................................................
Inspector General Investigations Case File ........................................................................
Intergovernmental Personnel Act Assignment Records .....................................................

CENTRAL–6 ..............
CENTRAL–7 ..............
CENTRAL–8 ..............

Administrative Law Judge Application Records ..................................................................
Litigation and Claims Records ............................................................................................
Privacy Act/Freedom of Information Act (PA/FOIA) Case Records ...................................

CENTRAL–9 ..............

Personnel Investigations Records .......................................................................................

CENTRAL–10 ............

Federal Executive Institute Program Participants Records ................................................

CENTRAL–11 ............

Presidential Management Fellows (PMF) Program Records .............................................

VerDate Sep<11>2014

15:23 Nov 27, 2015

Jkt 238001

PO 00000

Frm 00070

Fmt 4703

FR#

Sfmt 4703

E:\FR\FM\30NON1.SGM

30NON1

60 FR 63075.
73 FR 15013.*
64 FR 54930.
63 FR 45881.
60 FR 63075.
60 FR 63075.
60 FR 63075.
64 FR 60249.*
60 FR 63075.
60 FR 63075.
60 FR 63075.
64 FR 53424.*
60 FR 63075.
vol. 58, no. 68, 4/12/1993.
75 FR 28307.*
60 FR 63075.
64 FR 59221.*
60 FR 63075.
77 FR 61791.*
74 FR 42334.
60 FR 63075.

74816

Federal Register / Vol. 80, No. 229 / Monday, November 30, 2015 / Notices

SORN

Title

CENTRAL–13 ............

Executive Personnel Records .............................................................................................

CENTRAL–14 ............

Debarment or Suspension Records for Federal Employee Health Benefits ......................

CENTRAL–15 ............

Health Claims Data Warehouse ..........................................................................................

CENTRAL–16 ............

Health Claims Disputes External Review Services ............................................................

CENTRAL–18 ............
CENTRAL–19 ............
CENTRAL–X .............
GOVT–1 ....................

Federal Employees Health Benefits Program Claims Data Warehouse ............................
External Review Records for Multi-State Plan (MSP) Program .........................................
Federal Competency Assessment Tool ..............................................................................
General Personnel Records ................................................................................................

GOVT–2 ....................

Employee Performance File System Records ....................................................................

GOVT–3 ....................

Records of Adverse Actions, Performance Based Reductions In Grade and Removal
Actions, and Terminations of Probationers.

GOVT–5 ....................

Recruiting, Examining and Placement Records .................................................................

GOVT–6 ....................

Personnel Research and Test Validation Records .............................................................

GOVT–7 ....................

Applicant Race, Sex, National Origin, and Disability Status Records ................................

GOVT–9 ....................

GOVT–10 ..................

File on Position Classification Appeals, Job Grading Appeals, Retained Grade or Pay
Appeals, Fair Labor Standard Act (FLSA) Claims and Complaints, Federal Civilian
Employee Compensation and Leave Claims, and Settlement of Accounts for Deceased Civilian Officers and Employees.
Employee Medical File Systems Records ..........................................................................

Internal-1 ...................

Defense Mobilization Emergency Cadre Records ..............................................................

Internal-2 ...................
Internal-3 ...................

Negotiated Grievance Procedure Records .........................................................................
Security Officer Control Files ..............................................................................................

Internal-4 ...................

Health Program Records .....................................................................................................

Internal-5 ...................

Pay, Leave, and Travel Records ........................................................................................

Internal-6
Internal-7
Internal-8
Internal-9

Appeal and Administrative Review Records .......................................................................
Complaints and Inquiries Records ......................................................................................
Employee Counseling Services Program Records .............................................................
Employee Locator Card Files (PDF file) .............................................................................

...................
...................
...................
...................

jstallworth on DSK7TPTVN1PROD with NOTICES

Internal-10
Internal-11
Internal-12
Internal-13
Internal-14
Internal-15
Internal-16

FR#

.................
.................
.................
.................
.................
.................
.................

Motor Vehicle Operator and Accident Report Records ......................................................
Administrative Grievance Records ......................................................................................
Telephone Call Detail Records ...........................................................................................
Parking Program Records ...................................................................................................
Photo Identification and Visitor Access Control Records ...................................................
OPM Child Care Tuition Assistance Records .....................................................................
Adjudications Officer Control Files ......................................................................................

Internal-17 .................
Internal-18 .................

Web-Enabled Voting Rights System (WEVRS) ..................................................................
CyberCorps®: Scholarship For Service (SFS) ....................................................................

Internal-19 .................
Internal-20 .................

Investigation Training Records ............................................................................................
Integrity Assurance Officer Control Files ............................................................................

*

*

*

*

*

ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:

To appropriate agencies, entities, and
persons when (1) OPM suspects or has

VerDate Sep<11>2014

15:23 Nov 27, 2015

Jkt 238001

PO 00000

Frm 00071

Fmt 4703

Sfmt 4703

64
60
60
60
78
76
76
75
76
78
72
77
76
71
65
61
71
65
61
71
65
61
79
71
65
71
65
61
71
65
61
78
71
65
61
75
71
65
64
60
60
65
60
64
60
64
60
60
60
60
64
60
60
60
64
65
64
65
79
66
71
79
74
79
80

FR
FR
FR
FR
FR
FR
FR
FR
FR
FR
FR
FR
FR
FR
FR
FR
FR
FR
FR
FR
FR
FR
FR
FR
FR
FR
FR
FR
FR
FR
FR
FR
FR
FR
FR
FR
FR
FR
FR
FR
FR
FR
FR
FR
FR
FR
FR
FR
FR
FR
FR
FR
FR
FR
FR
FR
FR
FR
FR
FR
FR
FR
FR
FR
FR

60247.*
63075.
63075.*
39194.
23313.*
35050.
70512.*
56601.
35052.
65011.
60396.
73694.*
32997.
35342.
24732.
36919.
35342.*
24732.
36919.
35342.*
24732.
36919.
16834.*
35342.
24732.
35342.*
24732.
36919.
35342.*
24732.
36919.
60331.*
35342.
24732.
36919.
35099.*
35342.
24732.
72705.*
63075.
63075.
14635.*
63075.
51807.*
63075.
61949.*
63075.
63075.
63075.
63075.
51807.*
63075.
63075.
63075.
54934.
540.
73108.
30643.
30202.*
42568.
38190.
42064.*
42336.
8515.
2447.

confirmed that the security or
confidentiality of information in the
system of records has been
compromised; (2) the agency has
determined that as a result of the

E:\FR\FM\30NON1.SGM

30NON1

Federal Register / Vol. 80, No. 229 / Monday, November 30, 2015 / Notices
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
OPM 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 OPM’s efforts to
respond to the suspected or confirmed
compromise and prevent, minimize, or
remedy such harm.
[FR Doc. 2015–30309 Filed 11–27–15; 8:45 am]
BILLING CODE P

OFFICE OF PERSONNEL
MANAGEMENT
Post-DOMA Survivor Annuitant Federal
Employees Health Benefit Waiver
Criteria
U.S. Office of Personnel
Management.
ACTION: Notice.
AGENCY:

The U.S. Office of Personnel
Management (OPM) has updated its
Waiver Policy on the official OPM Web
site 1 to post the additional criteria OPM
will consider when reviewing certain
requests for waiver of the Federal
Employees Health Benefit (FEHB)
Program enrollment eligibility
requirements. The updates to the
Waiver Policy detail the criteria OPM
will consider when reviewing waiver
requests from individuals who are
receiving a monthly survivor annuity as
the surviving same-sex spouse of a
Federal employee or annuitant who
died on or before June 26, 2013. After
an individual who is receiving a
monthly annuity as the surviving samesex spouse of a deceased Federal
employee or annuitant is granted a
waiver pursuant to section 8905(b) of
title 5, U.S. Code, and the applicable
procedures, the FEHB enrollment will
be effective the first day of the first pay
period that begins after the date on
which that OPM granted the waiver.
The individual may not be enrolled in
FEHB retroactively, unless there is clear
administrative error.
FOR FURTHER INFORMATION CONTACT:
Chelsea Ruediger, chelsea.ruediger@
opm.gov, (202) 606–0004.
SUPPLEMENTARY INFORMATION: Following
the Supreme Court’s June 26, 2013
decision in United States v. Windsor,

jstallworth on DSK7TPTVN1PROD with NOTICES

SUMMARY:

1 See:

https://www.opm.gov/healthcareinsurance/healthcare/reference-materials/
reference/annuitants-and-compensationers/
#current.

VerDate Sep<11>2014

15:23 Nov 27, 2015

Jkt 238001

74817

same-sex spouses became eligible family
members under a Federal Employees
Health Benefits (FEHB) Program
enrollment. Because existing same-sex
marriages were not recognized by the
Federal government before the Windsor
decision, all legal same-sex marriages
that predated the Windsor decision were
treated as new marriages. FEHB
enrollees, which included Federal
employees and annuitants, had 60 days
from June 26, 2013 until August 26,
2013 to submit a request to change their
FEHB eligibility enrollment from selfonly to self and family, to provide FEHB
coverage to their same-sex spouse. See
OPM Benefits Administration Letter 13–
203 issued July 17, 2013. https://
www.opm.gov/retirement-services/
publications-forms/benefitsadministration-letters/2013/13-203.pdf.
However, Federal employees and
annuitants who died on or before the
date of the Windsor decision, June 26,
2013, did not have an option to elect
FEHB coverage for their same-sex
spouse.
In the ordinary course for a surviving
spouse to be enrolled in FEHB after the
death of the Federal employee or
annuitant, the deceased Federal
employee or annuitant must have been
enrolled in Self and Family FEHB
coverage that covered the surviving
spouse at the time of death and the
surviving spouse must be entitled to a
monthly annuity as the survivor of a
deceased Federal employee or
annuitant. This means, absent a waiver
of the FEHB eligibility requirements
codified at 5 U.S.C. 8905(b)(2),
individuals who are now receiving a
survivor annuity as the surviving samesex spouse of a deceased employee or
annuitant who died on or before June
26, 2013, are not eligible for FEHB
enrollment.
This notice outlines the updates to the
OPM FEHB Eligibility Waiver Policy
and identifies the criteria OPM will
consider when reviewing waiver
requests from individuals who are
receiving a monthly survivor annuity
benefit as the surviving same-sex spouse
of a Federal employee or annuitant who
died on or before June 26, 2013. It also
prescribes the requirements and
enrollment effective dates for these
certain survivor annuitants to receive
FEHB coverage.

good conscience not to allow such individual
to be enrolled as an annuitant 2 in a health
benefits plan under [chapter 89].’’

Waiver Statute and Implementing
Regulations
Section 8905(b) of title 5, U.S. Code
allows OPM to waive certain FEHB
eligibility requirements for an
individual if OPM:

Enrollment Effective Date
After an individual who is receiving
a survivor annuity as a same-sex spouse

‘‘determines that, due to exceptional
circumstances, it would be against equity and

PO 00000

Frm 00072

Fmt 4703

Sfmt 4703

The implementing regulation,
promulgated at 5 CFR 890.108, requires
the annuitant to provide OPM with
evidence of the following in order to be
granted a waiver for FEHB enrollment:
(1) The individual intended to have
FEHB coverage as an annuitant (retiree);
(2) The circumstances that prevented
the individual from meeting the
requirements of 5 U.S.C. 8905(b) were
beyond the individual’s control; and
(3) The individual acted reasonably to
protect his or her right to continue
coverage into retirement.
OPM does not want to penalize an
individual who is receiving a survivor
annuity as a same-sex spouse and who
was not covered by a FEHB Self and
Family plan before his/her spouse’s
death because prior to June 26, 2013, the
provisions of the Defense of Marriage
Act (DOMA) prevented OPM from
recognizing the same-sex marriage.
Therefore, we believe it would be
against equity and good conscience not
to grant a waiver request submitted by
such individual. OPM will consider the
criteria in 5 CFR 890.108 satisfied given
the circumstances presented in the
scope of this notice, provided that the
appropriate documentation of marriage
and death is submitted.
OPM will accept the following to
meet the requirements above:
1. Proof of a legally valid same-sex
marriage performed prior to June 26,
2013, to the deceased annuitant,
2. Proof that the deceased annuitant
died on or before June 26, 2013, and
3. Proof that the deceased annuitant
was enrolled in FEHB at death.
Individuals must submit requests for
waiver of the FEHB enrollment
eligibility requirements under 5 U.S.C.
8905(b) to OPM in writing. These
waiver requests should be mailed to:
Office of Personnel Management,
Retirement Programs, Attn: Retirement
Eligibility Services—HB Waiver
Request, 1900 E Street NW.,Room 2416,
Washington, DC 20415.
In addition, the individual who is
seeking a waiver of the FEHB eligibility
requirements must have already been
adjudicated eligible for a survivor
annuity before he or she may seek a
waiver under 5 U.S.C. 8905(b).

2 For purposes of the Federal Employees Health
Benefits program, ‘‘annuitant’’ has been defined to
include, inter alia, a member of a family who
receives an immediate annuity as the survivor of an
employee. 5 U.S.C. 8901(3)(B).

E:\FR\FM\30NON1.SGM

30NON1