80 FR 73698 - Privacy Act of 1974; Amended System of Records

DEPARTMENT OF COMMERCE

Federal Register Volume 80, Issue 227 (November 25, 2015)

This notice announces the Department of Commerce's (Department) proposal to amend the system of records entitled ``COMMERCE/NOAA-1, Applicants for the NOAA Corps,'' under the Privacy Act of 1974, as amended. The National Oceanic and Atmospheric Administration (NOAA) Commissioned Officer Corps (NOAA Corps) is the uniformed service of NOAA, a bureau of the Department of Commerce. The NOAA Corps provides a cadre of professionals trained in engineering, earth sciences, oceanography, meteorology, fisheries science, and other related disciplines who serve their country by supporting NOAA's mission of surveying the Earth's oceans, coasts, and atmosphere to ensure the economic and physical well-being of the Nation. This record system is necessary in order to identify both minimum eligibility and level of qualification of applicants for the NOAA Corps.

[Federal Register Volume 80, Number 227 (Wednesday, November 25, 2015)]
[Notices]
[Pages 73698-73700]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-29987]


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Federal Register / Vol. 80, No. 227 / Wednesday, November 25, 2015 / 
Notices

[[Page 73698]]



DEPARTMENT OF COMMERCE

[Docket No. 151028999-5999-01]


Privacy Act of 1974; Amended System of Records

AGENCY: National Oceanic and Atmospheric Administration, U.S. 
Department of Commerce.

ACTION: Notice of Proposed Amendment to Privacy Act System of Records: 
COMMERCE/NOAA-1, Applicants for the NOAA Corps.

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SUMMARY: This notice announces the Department of Commerce's 
(Department) proposal to amend the system of records entitled 
``COMMERCE/NOAA-1, Applicants for the NOAA Corps,'' under the Privacy 
Act of 1974, as amended. The National Oceanic and Atmospheric 
Administration (NOAA) Commissioned Officer Corps (NOAA Corps) is the 
uniformed service of NOAA, a bureau of the Department of Commerce. The 
NOAA Corps provides a cadre of professionals trained in engineering, 
earth sciences, oceanography, meteorology, fisheries science, and other 
related disciplines who serve their country by supporting NOAA's 
mission of surveying the Earth's oceans, coasts, and atmosphere to 
ensure the economic and physical well-being of the Nation. This record 
system is necessary in order to identify both minimum eligibility and 
level of qualification of applicants for the NOAA Corps.

DATES: To be considered, written comments must be submitted on or 
before December 28, 2015. Unless comments are received, the amended 
system of records will become effective as proposed on the date of 
publication of a subsequent notice in the Federal Register.

ADDRESSES: Comments may be mailed to Director, NOAA Corps, 8403 
Colesville Road, Suite 500, National Oceanic and Atmospheric 
Administration, Silver Spring, Maryland 20910.

SUPPLEMENTARY INFORMATION: Persons wishing to be considered for a NOAA 
Corps Commission must submit a complete application package, including 
NOAA Form 56-42, at least three letters of recommendation, NOAA Form 
56-42A, and official transcripts. A personal interview must also be 
conducted. All persons shall meet the eligibility requirements prior to 
their appointments into the NOAA Corps. The requirements must include a 
bachelor's degree and at least 48 credit hours of science, engineering, 
or other disciplines related to NOAA's missions (including either 
calculus or physics), have satisfactorily passed the prescribed mental 
and physical evaluations in accordance with 33 U.S.C. 3021(a)(2)(A), 
3021(a)(3); 10 U.S.C. 532(a)(4), and ability to complete 20 years of 
active duty commissioned service prior to their 62nd birthday.
COMMERCE/NOAA-1

System Name:
    COMMERCE/NOAA-1, Applicants for the NOAA Corps.

Security Classification:
    Moderate.

System Location:
    Office of Marine and Aviation Operations, National Oceanic and 
Atmospheric Administration, 8403 Colesville Road, Suite 500, Silver 
Spring, Maryland 20910.

Categories of Individuals Covered by the System:
    Applicants for appointment in the NOAA Corps and persons providing 
references.

Categories of Records in the System:
    Name, date of birth, place of birth, country of citizenship (if 
U.S., how citizenship acquired), mailing address, physical address, 
telephone numbers, email addresses, social security number, selective 
service registration, educational information (names and locations of 
schools, graduation dates, areas of study, years attended, degrees) 
GPAs for undergraduate and graduate programs, courses (and credit 
hours) in progress or proposed prior to graduation, college 
transcripts, credit hours in applicable fields of study, work 
experience (name and location of company, position title, supervisor 
contact information, description of work, hours, salary and reason for 
leaving, whether employment is/was at a professional level), letters of 
reference, physical examinations, statements of prior military service 
(rejections, conscientious objector status, type of discharge, current 
obligations), recruiting officer's interview evaluation form, personal 
resumes, special qualifications and skills, and names of references.

Authority for Maintenance of the System:
    The statutory authorities for this system of records are 33 U.S.C. 
Chapter 43, National Oceanic and Atmospheric Administration 
Commissioned Officer Corps and PL 112-166 Section 2. (gg)(1), 
Presidential Appointment Efficiency and Streamlining Act of 2011.

Purposes:
    The NOAA Corps provides a cadre of professionals trained in 
engineering, earth sciences, oceanography, meteorology, fisheries 
science, and other related disciplines who support NOAA's mission of 
surveying the Earth's oceans, coasts, and atmosphere to ensure the 
economic and physical well-being of the Nation. This record system is 
necessary in order to identify both minimum eligibility and level of 
qualification of applicants for the NOAA Corps. The system is designed 
as follows: Application and reference information may be submitted on a 
year-round basis, but the primary periods of collection are typically 
immediately preceding summer and winter college graduations. Completed 
applications are examined by the NOAA Officer Personnel Board in order 
to rate and/or assess the level of qualification, suitability, and 
availability of candidates for appointment. NOAA Form 56-42 and NOAA 
Form 56-42A are now fully electronic, the result of efforts to reduce 
paperwork, clarify the collection process and improve the quality of 
applicant responses.

Routine Uses of Records Maintained in the System, Including Categories 
of Users and the Purposes of Such Uses:
    In addition to those disclosures generally permitted under 5 U.S.C. 
552a(b) of the Privacy Act, these records or information contained 
therein may specifically be disclosed outside the Department of 
Commerce (Department).

[[Page 73699]]

The records or information contained therein may specifically be 
disclosed as a routine use as stated below. The Department will, when 
so authorized, make the determination as to the relevancy of a record 
prior to its decision to disclose a document.
    1. In the event that a system of records maintained by the 
Department to carry out its functions indicates a violation or 
potential violation of law or contract, whether civil, criminal or 
regulatory in nature and whether arising by general statute or 
particular program statute or contract, rule, regulation, or order 
issued pursuant thereto, or the necessity to protect an interest of the 
Department, the relevant records in the system of records, may be 
referred to the appropriate agency, whether Federal, State, local, or 
foreign, charged with the responsibility of investigating or 
prosecuting such violation or charged with enforcing or implementing 
the statute or contract, rule, regulation, or order issued pursuant 
thereto, or protecting the interest of the Department.
    2. A record from this system of records may be disclosed in the 
course of presenting evidence to a court, magistrate, hearing officer 
or administrative tribunal, including disclosures to opposing counsel 
in the course of settlement negotiations, administrative appeals and 
hearings.
    3. A record in this system of records may be disclosed to a Member 
of Congress submitting a request involving an individual when the 
individual has requested assistance from the Member with respect to the 
subject matter of the record.
    4. A record in this system of records may be disclosed to the 
Department of Justice in connection with determining whether the 
Freedom of Information Act (5 U.S.C. 552) requires disclosure thereof.
    5. A record in this system of records may be disclosed to a 
contractor of the Department having need for the information in the 
performance of the contract but not operating a system of records 
within the meaning of 5 U.S.C. 552a(m).
    6. A record from this system of records 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 Department decision concerning the 
assignment, hiring or retention of an individual, the issuance of a 
security clearance, the letting of a contract, or the issuance of a 
license, grant or other benefit.
    7. A record from this system of records may be disclosed, as a 
routine use, to a Federal, state, local, or international agency, in 
response to its request, in connection with the assignment, hiring or 
retention of an individual, the issuance of a security clearance, the 
reporting of an investigation of an individual, 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.
    8. A record in this system of records may be disclosed, as a 
routine use, to the Office of Management and Budget in connection with 
the review of private relief legislation as set forth in OMB Circular 
No. A-19 at any stage of the legislative coordination and clearance 
process as set forth in that Circular.
    9. A record in this system may be transferred, as a routine use, to 
the Office of Personnel Management: For personnel research purposes; as 
a data source for management information; for the production of summary 
descriptive statistics and analytical studies in support of the 
function for which the records are collected and maintained; or for 
related manpower studies.
    10. A record from this system of records may be disclosed, as a 
routine use, to the Administrator, General Services Administration 
(GSA), or his designee, during an inspection of records conducted by 
GSA as part of that agency's responsibility to recommend improvements 
in records management practices and programs, under authority of 44 
U.S.C. 2904 and 2906. Such disclosure shall be made in accordance with 
the GSA regulations governing inspection of records for this purpose, 
and any other relevant (i.e. GSA or Commerce) directive. Such 
disclosure shall not be used to make determinations about individuals.
    11. A record in this system of records may be disclosed to 
appropriate agencies, entities and persons when: (1) It is suspected or 
determined that the security or confidentiality of information in the 
system of records has been compromised; (2) the Department 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 Department 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 Department's 
efforts to respond to the suspected or confirmed compromise and to 
prevent, minimize, or remedy such harm.

Disclosure to Consumer Reporting Agencies:
    Disclosure to consumer reporting agencies pursuant to 5 U.S.C. 
552a(b)(12) may be made from this system to ``consumer reporting 
agencies'' as defined in the Fair Credit Reporting Act (15 U.S.C. 
1681a(f)) and the Federal Claims Collection Act of 1966 (31 U.S.C. 
3701(a)(3)).

Policies and Practices for Storing, Retrieving, Accessing, Retaining, 
and Disposing of Records in the System:
Storage:
    Computerized data base; paper records in file folders in locked 
metal cabinets and/or locked rooms. Electronic records containing 
Privacy Act information are protected by a user identification/
password. The database user identification/password is issued to 
individuals by authorized personnel.

Retrievability:
    Records are organized and retrieved by the individual's name.

Safeguards:
    The system of records is stored in a building with doors that are 
locked during and after business hours. Visitors to the facility must 
register and must be accompanied by Federal personnel at all times. 
Only those that have the need to know, to carry out the official duties 
of their job, have access to the information. Paper records are 
maintained in secured file cabinets in areas that are accessible only 
to authorized personnel of the Data Collection Agent. Electronic 
records containing Privacy Act information are protected by a user 
identification/password. The user identification/password is issued to 
individuals by authorized personnel. OMAO staff and contractors, to 
whom access to this information is granted in accordance with this 
system of records routine uses provision, are instructed on the 
confidential nature of this information.
    All electronic information disseminated by NOAA adheres to the 
standards set out in Appendix III, Security of Automated Information 
Resources, OMB Circular A-130; the Computer Security Act (15 U.S.C. 
278g-23 and 278g-4); and the Government Information Security Reform 
Act, Public Law 106-398, and follows NIST SP 800-18, Guide for 
Developing Security Plans for Federal Information Systems; NIST SP 800-
26, Security Self-Assessment Guide for Information

[[Page 73700]]

Technology Systems; and NIST SP 800-53, Recommended Security Controls 
for Federal Information Systems.

Retention and Disposal:
    Records are destroyed after three years, if rejected, unless 
applicant indicates a desire for reconsideration. If selected and 
appointed to the NOAA Corps, the application becomes a permanent part 
of the officer's Official Personnel Folder.

System Manager and Address:
    Director, NOAA Corps, National Oceanic and Atmospheric 
Administration, 8403 Colesville Road, Suite 500 Silver Spring, Maryland 
20910.

Notification Procedure:
    See NOAA Corps Directive, Chapter 6, Part 16107, Requests for 
Information.

Record Access Procedures:
    See NOAA Corps Directive, Chapter 6, Part 16107, Requests for 
Information.

Contesting Record Procedures:
    The Department's rules for access, for contesting contents, and 
appealing initial determinations by the individual concerned appear in 
15 CFR part 4b. Use above address.

Record Source Categories:
    Subject individuals, personal references, the NOAA Corps officer 
who recruited the individual, and those authorized by the individual to 
furnish information.

Exemptions Claimed for the System:
    Pursuant to 5 U.S.C. 552a(k)(5) this system of records is exempted 
from the notice, access, and contest requirements (under 5 U.S.C. 
552a(c)(3), (d), (e)(4)(G), (H), and (I), and (f)) of the agency 
regulations in order to fulfill commitments made to protect the 
confidentiality of sources, and to maintain access to sources of 
information which are necessary to determine an applicant's suitability 
for employment in the NOAA Corps.

    Dated: November 19, 2015.
Michael J. Toland,
Department of Commerce, Freedom of Information and Privacy Act Officer.
[FR Doc. 2015-29987 Filed 11-24-15; 8:45 am]
BILLING CODE 3510-22-P