[Federal Register Volume 84, Number 82 (Monday, April 29, 2019)]
[Rules and Regulations]
[Pages 17941-17942]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-08596]


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DEPARTMENT OF HOMELAND SECURITY

6 CFR Part 5

[Docket No. DHS-2019-0006]


Privacy Act of 1974: Implementation of Exemptions; Department of 
Homeland Security/ALL-018 Administrative Grievance Records

AGENCY: Privacy Office, Department of Homeland Security.

ACTION: Final rule.

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SUMMARY: The Department of Homeland Security (DHS) is giving concurrent 
notice of an updated reissued system of records pursuant to the Privacy 
Act of 1974 for the ``Department of Homeland Security/ALL-018 
Administrative Grievance Records'' System of Records and this final 
rule. This system of records covers all current and former DHS 
employees, except for employees of the Office of the Inspector General

[[Page 17942]]

(OIG), who have submitted grievances under DHS's Administrative 
Grievance System or in accordance with a negotiated grievance 
procedure. In this final rule, the Department removes all exemptions 
previously applied to this system of records.

DATES: This final rule is effective April 29, 2019.

FOR FURTHER INFORMATION CONTACT: For general and privacy questions, 
please contact: Jonathan R. Cantor, (202) 343-1717, [email protected], 
Acting Chief Privacy Officer, Privacy Office, Department of Homeland 
Security, Washington, DC 20528-0655.

SUPPLEMENTARY INFORMATION: In accordance with the Privacy Act of 1974, 
5 U.S.C. 552a, DHS modifies a current DHS system of records titled, 
``DHS/ALL-018 Grievances, Appeals, and Disciplinary Action Records 
System of Records,'' last published October 17, 2008. The system of 
records is now renamed ``DHS/ALL-018 Administrative Grievance 
Records.'' This system of records covers all current and former DHS 
employees, except for employees of the OIG, who have submitted 
grievances under DHS's Administrative Grievance System or in accordance 
with a negotiated grievance procedure. The records are maintained and 
used by the Department to resolve employee concerns about working 
conditions, the administration of collective bargaining agreements, 
employee/supervisor relations, work processes, or other similar issues. 
The name and scope of this modified system of records has been changed. 
Further, this system has been modified in an effort to not duplicate 
other DHS and government-wide SORNs. This updated SORN is published 
elsewhere in this issue of the Federal Register.
    DHS is issuing this final rule to remove all exemptions previously 
applied to this system. This will provide individuals with greater 
access to administrative grievance records than previously provided. 
The previously issued final rule for this SORN, found at 74 FR 42576 
(August 24, 2009), will no longer be in effect once this new final rule 
is issued.
    These regulations are being published as a final rule because the 
amendment does not impose any requirements or adverse impacts on any 
member of the public. This amendment is the most efficient means for 
DHS to implement its internal requirements for complying with the 
Privacy Act.
    Pursuant to the administrative procedure provisions in 5 U.S.C. 
553, DHS finds good cause that notice and other public procedure with 
respect to this rule are unnecessary and finds good cause for making 
this rule effective on the date of publication in the Federal Register. 
DHS finds good cause because (a) this updated SORN narrows the scope of 
records previously applied, since it no longer covers records of 
disciplinary actions, appeals, or misconduct; (b) such records removed 
by the existing SORN are already covered by an existing SORN depending 
on the type of inquiry, action, or appeal (e.g., DHS/ALL-020 Department 
of Homeland Security Internal Affairs, OPM/GOVT-1 General Personnel 
Records; OPM/GOVT-3 Records of Adverse Actions, Performance Based 
Reduction in Grade and Removal Actions, and Termination of 
Probationers; EEOC/GOVT-1 Equal Employment Opportunity in the Federal 
Government Complaint and Appeal Records; and MSPB/GOVT-1 Appeals and 
Case Records); and (c) and exemptions will no longer apply to this 
updated SORN, thereby providing individuals with greater access to 
administrative grievance records than previously provided. As a result, 
no new requirements, restrictions, or adverse impacts are imposed on 
any member of the public.
    In accordance with Executive Order 12866, it has been determined 
that this rule is not a ``significant regulatory action'' and, 
therefore, does not require a Regulatory Impact Analysis.
    The regulation will not have a substantial direct effect on the 
States, on the relationship between the national Government and the 
States, or on the distribution of power and responsibilities among the 
various levels of government. Therefore, it is determined that this 
final rule does not have federalism implications under Executive Order 
13132.
    Because no notice of proposed rulemaking is required, the 
provisions of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) do 
not apply.
    In accordance with the provisions of the Paperwork Reduction Act of 
1995 (44 U.S.C. 3501 et seq.), DHS has determined that this rule will 
not impose new record- keeping, application, reporting, or other types 
of information collection requirements.

List of Subjects in 6 CFR Part 5

    Classified information, Courts, Freedom of information, Government 
employees, Privacy.

    For the reasons stated in preamble, DHS amends chapter I of title 
6, Code of Federal Regulations, as follows:

PART 5--DISCLOSURE OF RECORDS AND INFORMATION

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1. The authority citation for part 5 continues to read as follows:

    Authority: 6 U.S.C. 101 et seq.; Pub. L. 107-296, 116 Stat. 
2135; 5 U.S.C. 301.
    Subpart A also issued under 5 U.S.C. 552.
    Subpart B also issued under 5 U.S.C. 552a.

Appendix C to Part 5 [Amended]

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2. Amend appendix C by removing and reserving paragraph 16.

Jonathan R. Cantor,
Acting Chief Privacy Officer, Department of Homeland Security.
[FR Doc. 2019-08596 Filed 4-26-19; 8:45 am]
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