81 FR 27083 - Privacy Act of 1974; Amended System of Records

DEPARTMENT OF COMMERCE

Federal Register Volume 81, Issue 87 (May 5, 2016)

This notice announces the Department of Commerce's (Department's) proposal to amend the system of records entitled ``COMMERCE/NOAA-3, ``Commissioned Officer Official Personnel Folders'' under the Privacy Act of 1974, as amended. This amendment would change the name of the SORN from the ``Commissioned Officer Official Personnel Folders'' to ``NOAA Corps Officer Official Personnel Folders.'' This amendment would also update the following sections of the current NOAA- 3: Addresses, For Further Information Contact, Security Classification, Authority for Maintenance of the System, Storage, Purposes, and Routine Uses. The National Oceanic and Atmospheric Administration (NOAA) Commissioned Officer Corps (NOAA Corps) is the uniformed service of NOAA, a bureau of the Department. 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. Personnel records and folders must be created as they are required by law, Executive Order, operational guidance from central management agencies, and/or agency records management programs.

[Federal Register Volume 81, Number 87 (Thursday, May 5, 2016)]
[Notices]
[Pages 27083-27085]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-10541]


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DEPARTMENT OF COMMERCE

[Docket No. 160309221-6221-01]
RIN 0605-XC034


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-3, Commissioned Officer Official Personnel Folders.

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SUMMARY: This notice announces the Department of Commerce's 
(Department's) proposal to amend the system of records entitled 
``COMMERCE/NOAA-3, ``Commissioned Officer Official Personnel Folders'' 
under the Privacy Act of 1974, as amended. This amendment would change 
the name of the SORN from the ``Commissioned Officer Official Personnel 
Folders'' to ``NOAA Corps Officer Official Personnel Folders.'' This 
amendment would also update the following sections of the current NOAA-
3: Addresses, For Further Information Contact, Security Classification, 
Authority for Maintenance of the System, Storage, Purposes, and Routine 
Uses.
    The National Oceanic and Atmospheric Administration (NOAA) 
Commissioned Officer Corps (NOAA Corps) is the uniformed service of 
NOAA, a bureau of the Department. 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. Personnel records and folders must be created 
as they are required by law, Executive Order, operational guidance from 
central management agencies, and/or agency records management programs.

DATES: To be considered, written comments must be submitted on or 
before June 6, 2016. Unless comments are received, the amended system 
of records will become effective as proposed on June 14, 2016. If 
comments are received, the Department will publish a subsequent notice 
in the Federal Register within 10 days after the comment period closes, 
stating that the current system of records will remain in effect until 
publication of a final action in the Federal Register.

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

FOR FURTHER INFORMATION CONTACT: Director, NOAA Corps, 8403 Colesville

[[Page 27084]]

Road, Suite 500, NOAA, Silver Spring, Maryland 20910.

SUPPLEMENTARY INFORMATION: This notice announces NOAA's proposal to 
amend the system of records entitled ``COMMERCE/NOAA-3, ``Commissioned 
Officer Official Personnel Folders.'' In addition to changing the name 
to NOAA Corps Officer Official Personnel Folders, this system of 
records is being updated to add Addresses, For further Information 
Contact, and Security Classification sections. It is also needed to 
update the Authority for maintenance of the system and the Policies and 
practices for storing, retrieving, accessing, retaining and disposing 
of records in the system sections. NOAA Corps records are created and 
maintained for all members--active, retired, and deceased--of the NOAA 
Corps. Selected information is disseminated to determine eligibility 
for retention, promotion, retirement, separation, and other personnel 
actions; physical fitness; entitlement to pay and various allowances; 
entitlement to social security benefits, Veteran's benefits, 
unemployment compensation, waivers for repayment of student loans, 
death benefits, survivor benefits, and FHA in-service loans; 
assignments; selective service status; and to report taxes withheld.
COMMERCE/NOAA-3

System Name:
    COMMERCE/NOAA-3, NOAA Corps Officer Official Personnel Folders

Security Classification:
    Moderate

System Location:
    Office of the Director, NOAA Corps, NOAA, Silver Spring, Maryland 
20910.

Categories of Individuals Covered By The System:
    Commissioned Officers of the NOAA Corps (active, retired, and 
deceased) and commissioned officers who have been separated within 
previous six months.

Categories of Records in the System:
    This information is collected and/or maintained by all systems 
covered by this system of records: Name, social security number, 
selective service number, promotion history, assignment history, 
performance/awards history, date of birth, education/training history, 
prior employment history, prior uniformed service, relatives, 
references, discipline, insurance, and similar personal information.

Authority for Maintenance of the System:
    Navigation and Navigable Waters, 33 U.S.C. 853a-t, 854a-a2, 855, 
856, 857, 857-1-5, 857a, 858, 864, 865, 872-876; Departmental 
Regulations, 5 U.S.C. 301; Judiciary and Judicial Procedure, 28 U.S.C. 
533-535; Records Management by Agency Heads, 44 U.S.C. 3101; and 
Security Requirements for Government Employment, E.O. 10450.

Purposes:
    Selected information is disseminated to determine eligibility for 
retention, promotion, retirement, separation, and other personnel 
actions, entitlement to pay and various allowances, Veteran's benefits, 
unemployment compensation, death benefits, survivor benefits, and FHA 
In-service loans, assignments, and selective service status. Users are: 
Selective Service System; Veteran's Administration; Federal Housing 
Administration; Social Security Administration; Public Health Service; 
Department of Defense elements; Taxing authorities (Federal, State and 
local); unemployment compensation authorities; and the organization to 
which the officer is assigned such as branches of U.S. Military 
Service, branches of foreign military services, World Weather 
Organizations, etc.

Routine Uses of Records Maintained in the System:
    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. 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 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 
whether 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.
    7. 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.
    8. 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

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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.
    9. 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.
    10. 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.
    11. 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 Department) directive. Such 
disclosure shall not be used to make determinations about individuals.
    12. A record in this system of records which contains medical 
information may be disclosed, as a routine use, to the medical advisor 
of any individual submitting a request for access to the record under 
the Act and 15 CFR part 4b if, in the sole judgment of the Department, 
disclosure could have an adverse effect upon the individual, under the 
provision of 5 U.S.C. 552a(f)(3) and implementing regulations at 15 CFR 
part 4b.26.

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:
    Paper records in file folders in a secured location and electronic 
records in a database.

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

Safeguards:
    Records are maintained in a secured area and in a database. Access 
is granted only on the authority of the Director, NOAA Corps or the 
Director, Commissioned Personnel Center.

Retention and Disposal:
    Records are retained indefinitely on active duty officers; retired, 
discharged and deceased officers' records are retained for 
approximately one year then transferred to the National Archives and 
Records Administration (NARA), National Records Center, Kansas City, 
Missouri 64141.

System Manager and Address:
    Director, NOAA Corps and Director, Commissioned Personnel Center 
(CPC), 8403 Colesville Road, Suite 500, NOAA, Silver Spring, Maryland 
20910.

Notification Procedure:
    Information may be obtained from: Director, CPC, see above address. 
Requester should provide full name, address, social security number, 
and date of birth, date of separation, pursuant to the inquiry 
provisions of the Department's rules which appear in 15 CFR part 4b.

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 individuals concerned appear in 
15 CFR part 4b.

Record Source Categories:
    Subject individual, official correspondence and forms generated by 
routine personnel actions, previous employers, prior military service, 
Selective Service System, Federal Housing Administration, Social 
Security Administration, and similar sources.

Exemptions Claimed For System:
    Pursuant to 5 U.S.C. 552a(k)(5), all investigatory material in the 
record which meets the criteria of 5 U.S.C. 552a(k)(5), is exempted 
from the notice, access, and contest requirements (under 5 U.S.C. 
552a(c)(3), (d), (e)(1), (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 employee's suitability 
for employment in the NOAA Corps.

    Dated: May 2, 2016.
Michael J. Toland,
Department of Commerce, Freedom of Information/Privacy Act Officer.
[FR Doc. 2016-10541 Filed 5-4-16; 8:45 am]
 BILLING CODE 3510-12-P