Privacy Act of 1974; System of Records, 746-748 [E7-12]

Agencies

• DEPARTMENT OF DEFENSE
• Department of the Navy
• Navy Department

[Federal Register Volume 72, Number 4 (Monday, January 8, 2007)]
[Notices]
[Pages 746-748]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-12]


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DEPARTMENT OF DEFENSE

Department of the Navy

[USN-2006-0070]


Privacy Act of 1974; System of Records

AGENCY: Department of the Navy.

ACTION: Notice to alter a system of records.

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SUMMARY: The Department of the Navy proposes to alter a system of 
records notice in its existing inventory of records systems subject to 
the Privacy Act of 1974, (5 U.S.C. 552a), as amended.

DATES: This proposed action will be effective without further notice on 
February 7, 2007, unless comments are received which result in a 
contrary determination.

ADDRESSES: Send comments to the Department of the Navy, PA/FOIA Policy 
Branch, Chief of Naval Operations (DNS-36), 2000 Navy Pentagon, 
Washington, DC 20350-2000.

FOR FURTHER INFORMATION CONTACT: Mrs. Doris Lama at (202) 685-325-6545.

SUPPLEMENTARY INFORMATION: The Department of the Navy's systems of 
records notices subject to the Privacy Act of 1974, (5 U.S.C. 552a), as 
amended, have been published in the Federal Register and are available 
from the address above.
    The proposed system reports, as required by 5 U.S.C. 552a (r), of 
the Privacy Act of 1974, as amended, were submitted on December 28, 
2006, to the House Committee on Government Reform, the Senate Committee 
on Homeland Security and Governmental Affairs, and the Office of 
Management and Budget (OMB) pursuant to paragraph 4c of Appendix I to 
OMB Circular No. A-130, Federal Agency Responsibilities for Maintaining 
Records About Individuals,' dated February 8, 1996 (February 20, 1996, 
61 FR 6427).

     Dated: December 29, 2006.
L.M. Bynum,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
N12771-1

System name:
    Employee Grievances, Discrimination Complaints, and Adverse Action 
Appeals. (August 9, 1993, 58 FR 42303)

Changes:
System identifier:
    Delete ``N12771-1'' and replace with ``NM12771-1.''

System name:
    Delete entry and replace with ``Discrimination Complaints.''

System location:
    Delete entry and replace with ``Naval Office of EEO Complaints and 
Adjudication (NAVOECMA), 614 Sicard Street, SE, Suite 100, Washington 
Navy Yard, DC 20374-5072; field activities employing civilians and 
servicing Human Resources Offices (HROs). Official mailing addresses 
are published in the Standard Navy Distribution List that is available 
at https://doni.daps.dla.mil/sndl.aspx.''

Categories of individuals covered by the system:
    Before the word ``applicants'' add ``civilian.''

Categories of records in the system:
    Delete entry and replace with ``The case files contain background 
material on the act or situation complained of; the results of any 
investigation including affidavits and depositions; records of 
personnel actions involved; transcripts of hearings held; 
administrative judges' reports of findings and recommended actions; 
advisory memoranda from the Chief of Naval Operations, Chief of Naval 
Personnel, Department of Defense, Systems Commands; Secretary of the 
Navy decisions; reports of actions taken by local activities; comments 
by NAVOECMA or local activities on appeals made to the Equal Employment 
Opportunity Commission (EEOC); EEOC decisions, Court decisions, 
Comptroller General decisions. Brief summaries of case files are 
maintained in a computer data base.''

Authority for maintenance of the system:
    Delete entry and replace with ``5 U.S.C. 1301, 3301, 3302, 7201-
7204, 7301, 7701; 10 U.S.C. 5013, Secretary of the Navy; and 10 U.S.C. 
5041, Headquarters, Marine Corps.''

[[Page 747]]

Purpose(s):
    Delete entry and replace with ``This information is used by 
NAVOECMA to adjudicate cases. Systems Commands, the Chief of Naval 
Operations, and the Office of Civilian Resources (OCHR) are internal 
users for informational/ implementational purposes. Individual members 
acting on behalf of the individual involved are supplied with copies of 
decisions and other appropriate background material. Grievants and 
appellants are furnished Secretary of the Navy decisions, with copies 
to their representatives, EEO complainants are furnished Secretary of 
the Navy (SECNAV) decisions, with copies of the hearing transcripts and 
administrative judges' reports; complainants' representatives are 
provided copies of SECNAV decisions on grievances and appeals. 
Activities involved in EEO complaints are provided copies of SECNAV 
decisions, hearing transcripts, and administrative judges' reports.''
* * * * *

Storage:
    Delete entry and replace with ``Records are stored on paper and on 
electronic storage media.''
* * * * *

Safeguards:
    Delete entry and replace with ``Materials are kept in file cabinets 
within NAVOECMA's office or in a secured computer data base. Access to 
the office during business hours is controlled by NAVOECMA personnel 
and by identification card. The office is locked at the close of 
business; the building in which the office is located employs security 
guards.''

Retention and disposal:
    Delete entry and replace with ``Case files are destroyed four years 
after being closed.''

System manager(s) and address:
    Delete entry and replace with ``Director, Naval Office of EEO 
Complaints and Adjudication (NAVOECMA), 614 Sicard Street, SE, Suite 
100, Washington Navy Yard, DC 20374-5072.''

Notification procedure:
    Delete entry and replace with ``Individuals seeking to determine 
whether this system contains information about themselves should 
address written inquiries to the Director, Naval Office of EEO 
Complaints and Adjudication (NAVOECMA), 614 Sicard Street, SE, Suite 
100, Washington Navy Yard, DC 20374-5072.
    The requester must provide full name, employing office, and sign 
the request.''

Record access procedures:
    Delete entry and replace with ``Individuals seeking access to 
information about themselves contained in this system should address 
written inquiries to the Director, Naval Office of EEO Complaints and 
Adjudication (NAVOECMA), 614 Sicard Street, SE, Suite 100, Washington 
Navy Yard, DC 20374-5072.
    The requester must provide full name, employing office, and sign 
the request.''
* * * * *

Record source categories:
    Delete entry and replace with ``Information in the file is obtained 
from former and present civilian employees of the DON, applicants for 
employment with the DON, employing activities, EEOC, and NAVOECMA.''
* * * * *
NM12771-1

System name:
    Discrimination Complaints.

System location:
    Naval Office of EEO Complaints and Adjudication (NAVOECMA), 614 
Sicard Street, SE., Suite 100, Washington Navy Yard, DC 20374-5072; 
field activities employing civilians and servicing Human Resources 
Offices (HROs). Official mailing addresses are published in the 
Standard Navy Distribution List that is available at https://
doni.daps.dla.mil/sndl.aspx.

Categories of individuals covered by the system:
    Former and present civilian employees of the Department of the 
Navy, and civilian applicants for employment with the Department of the 
Navy.

Categories of records in the system:
    The case files contain background material on the act or situation 
complained of; the results of any investigation including affidavits 
and depositions; records of personnel actions involved; transcripts of 
hearings held; administrative judges' reports of findings and 
recommended actions; advisory memoranda from the Chief of Naval 
Operations, Chief of Naval Personnel, Department of Defense, Systems 
Commands; Secretary of the Navy decisions; reports of actions taken by 
local activities; comments by NAVOECMA or local activities on appeals 
made to the Equal Employment Opportunity Commission (EEOC); EEOC 
decisions, Court decisions, Comptroller General decisions. Brief 
summaries of case files are maintained in a computer data base.

Authority for maintenance of the system:
    5 U.S.C. 1301, 3301, 3302, 7201-7204, 7301, 7701; 10 U.S.C. 5013, 
Secretary of the Navy; and 10 U.S.C. 5041, Headquarters, Marine Corps.

Purpose(s):
    This information is used by NAVOECMA to adjudicate cases. Systems 
Commands, the Chief of Naval Operations, and the Office of Civilian 
Resources (OCHR) are internal users for informational/implementational 
purposes. Individual members acting on behalf of the individual 
involved are supplied with copies of decisions and other appropriate 
background material. EEO complainants are furnished Secretary of the 
Navy (SECNAV) decisions, with copies of the hearing transcripts and 
administrative judges' reports; complainants' representatives are 
provided copies of SECNAV decisions on grievances and appeals. 
Activities involved in EEO complaints are provided copies of SECNAV 
decisions, hearing transcripts, and administrative judges' reports.

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 DoD as a routine use 
pursuant to 5 U.S.C. 552a(b)(3) as follows:
    To officials and employees of the Equal Employment Opportunity 
Commission to adjudicate cases.
    The DoD `Blanket Routine Uses' that appear at the beginning of the 
Navy's compilation of systems of records notices apply to this system.

    Note:
    Records of identity, diagnosis, prognosis or treatment of any 
client/patient, irrespective of whether or when he/she ceases to be 
a client/patient, maintained in connection with the performance of 
any alcohol or drug abuse prevention and treatment function 
conducted, requested, or directly or indirectly assisted by any 
department or agency of the United States, shall, except as provided 
herein, be confidential and be disclosed only for the purposes and 
under the circumstances expressly authorized in 42 U.S.C. 290dd-2. 
These statutes take precedence over the Privacy Act of 1974 in 
regard to accessibility of such records except to the individual to 
whom the report pertains. The DoD `Blanket Routine Uses' that appear 
at the beginning of the Navy's compilation of systems of records 
notices do not apply to these records.



[[Page 748]]

Policies and practices for storing, retrieving, accessing, retaining, 
and disposing of records in the system:
Storage:
    Records are stored on paper and on electronic storage media.

Retrievability:
    Name.

Safeguards:
    Materials are kept in file cabinets within NAVOECMA's office or in 
a secured computer data base. Access to the office during business 
hours is controlled by NAVOECMA personnel and by identification card. 
The office is locked at the close of business; the building in which 
the office is located employs security guards.

Retention and disposal:
    Case files are destroyed four years after being closed.

System manager(s) and address:
    Director, Naval Office of EEO Complaints and Adjudication 
(NAVOECMA), 614 Sicard Street, SE., Suite 100, Washington Navy Yard, DC 
20374-5072.

Notification procedure:
    Individuals seeking to determine whether this system contains 
information about themselves should address written inquiries to the 
Director, Naval Office of EEO Complaints and Adjudication (NAVOECMA), 
614 Sicard Street, SE., Suite 100, Washington Navy Yard, DC 20374-5072.
    The requester must provide full name, employing office, and sign 
the request.

Record access procedures:
    Individuals seeking access to records about themselves should 
address written inquiries from former and present civilian employees of 
the DON, applicants for employment with the DON, employing activities, 
EEOC, and NAVOECMA.
    The requester must provide full name, employing office, and sign 
the request.

Contesting record procedures:
    The Navy's rules for accessing records, and for contesting contents 
and appealing initial agency determinations are published in Secretary 
of the Navy Instruction 5211.5; 32 CFR part 701; or may be obtained 
from the system manager.

Record source categories:
    Information in the file is obtained from former and present 
civilian employees of the DON, applicants for employment with the DON, 
employing activities, EEOC, and NAVOECMA.

Exemptions claimed for the system:
    None.

 [FR Doc. E7-12 Filed 1-5-07; 8:45 am]
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