Privacy Act of 1974; System of Records, 23442-23444 [E8-9384]

Agencies

• DEPARTMENT OF DEFENSE
• Department of the Navy

[Federal Register Volume 73, Number 84 (Wednesday, April 30, 2008)]
[Notices]
[Pages 23442-23444]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-9384]


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DEPARTMENT OF DEFENSE

Department of the Navy

[Docket ID: USN-2008-0033]


Privacy Act of 1974; System of Records

AGENCY: Department of the Navy, DoD.

ACTION: Notice to amend a system of records.

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SUMMARY: The Department of the Navy is amending a system of records 
notice in its existing inventory of record 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 
May 30, 2008 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) 685-6545.

SUPPLEMENTARY INFORMATION: The Department of the Navy 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 specific changes to the record system being amended are set 
forth below followed by the notice, as amended, published in its 
entirety. The proposed amendments are not within the purview of 
subsection (r) of the Privacy Act of 1974, (5 U.S.C. 552a), as amended, 
which requires the submission of a new or altered system report.

    Dated: April 23, 2008.
Patricia Toppings,
OSD Federal Register Liaison Officer, Department of Defense.
N12930-1

System Name:
    NEXCOM Human Resources Group Personnel Records (January 29, 2007, 
72 FR 3983).

Changes:
    Delete ``N12930-1'' and replace with ``N04066-6''
* * * * *

Policies and practices for storing, retrieving, accessing, retaining, 
and disposing of records in the system:
Storage:
    After ``database,'' add ``compact''.
* * * * *

Retention and disposal:
    Delete entry and replace with ``Transfer to National Personnel 
Records Center (NPRC), Civilian Personnel Records, St. Louis, MO, 30 
days after separation. NPRC will destroy 75 years after birth date of 
employee (60 years after date of the earliest document in the file if 
the date of birth cannot be ascertained) or 5 years after the latest 
separation, whichever is later.''

System manager(s) and address:
    Delete paragraph 2 and replace with ``Master Record Holder: 
Director, Benefits/Labor/employee Relations, Navy Exchange Service 
Command, 3280 Virginia Beach Boulevard, Virginia Beach, VA 23452-
5724.''

Notification procedure:
    In paragraph 2, after the word ``should'' add ``be signed and''.

[[Page 23443]]

Record access procedures:
    In paragraph 2, after the word ``should'' add ``be signed and''.
* * * * *
N04066-6

System name:
    NEXCOM Human Resources Group Personnel Records.

System location:
    Navy Exchange Service Command, 3280 Virginia Beach Boulevard, 
Virginia Beach, VA 23452-5724 and at all Navy Exchanges.
    Mailing addresses for Navy Exchanges are available from the 
Commander, Navy Exchange Service Command, 3280 Virginia Beach 
Boulevard, Virginia Beach, VA 23452-5724.

Categories of individuals covered by the system:
    Civilian employees, former civilian employees, and applicants for 
employment with the Navy Exchange Service Command and Navy Exchanges 
located worldwide. Employees who are paid from nonappropriated funds 
are regular full time, regular part-time, temporary full time, 
temporary part-time and intermittent.

Categories of records in the system:
    Personnel jackets, including but not limited to Personnel 
Information Questionnaire, Personnel Action; Certification of Medical 
Examination Indoctrination Checklist; Election forms for all life, 
health, and retirement programs, applicant participation data for each 
program; notice of excessive absence and tardiness and warnings; 
disciplinary actions; certified record of court attendance; certified 
copy of completed military orders for any annual duty tours with 
recognized reserve organizations; employee job description; tuition 
assistance records; examination papers and tests, if any; evidence of 
date of birth, where required; official letters of commendation; cash 
register overage/shortage records; report of hearings and 
recommendations relative to employee's grievances; official work 
performance rating; designation beneficiary for unpaid compensation; 
reference check records; applicant files; employee profiles; personnel 
security information (including copies of National Agency Check (NAC) 
and Naval Criminal Investigative Service (NCIS) reports); Certificate 
of Standards of Conduct and Fraud, Waste and Abuse training; travel 
requests, travel allowance and claims record; transportation 
agreements; employee affidavits; privilege card application, work 
assignments, work performance capability, counseling records, work-
related records, training records including courses, type and 
completion dates; and related data.
    Labor and Employee Relations Records include notices of excessive 
absence, tardiness and warnings; disciplinary actions; unsatisfactory 
work performance evaluations; grievances, appeals, complaint and appeal 
records; reports of potential grievances and appeals; congressional 
correspondence; investigative reports and summaries of personnel 
administrative actions.
    Employee Benefits Records include data relating to Quality Salary 
Increase, Superior Accomplishment Recognition Awards, beneficial 
suggestions and similar awards; and personnel listings of the 
aforementioned services.
    Election forms for all life, health, and retirement programs and 
claims made for those programs.

Authority for maintenance of the system:
    5 U.S.C. 301, Departmental Regulations; 29 U.S.C. 201; 29 U.S.C. 
633a; 29 U.S.C. 791 and 794a; Pub. L. 93-259, Equal Employment Act of 
1972; and E.O. 9397 (SSN).

Purpose(s):
    To determine suitability for employment, transfer, promotion or 
retention; to verify employment; to track travel performed and verify 
employee received proper remuneration for the travel performed; to 
process appraisals and salary increases; to provide a unique 
identification number that can be extracted into other systems with 
employee credentials (i.e., name, title, supervisor, department) for 
Information Technology systems account access and user provisioning 
purposes; to recognize accomplishments and contributions made by 
employees, and to administer and adjudicate discipline, grievances, 
complaints, appeals, litigation, and program evaluations.

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 appeals officers and complaints examiners of the Equal 
Employment Opportunity Commission for the purpose of conducting 
hearings in connection with employees appeals from adverse actions and 
formal discrimination complaints.
    To a federal agency in response to its request in connection with 
the hiring or retention of an employee, the issuance of a security 
clearance, the conducting of a security or suitability investigation of 
an individual, the classifying of jobs, 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 National Archives and Records Administration (GSA) in 
records management inspection conducted under authority of 5 U.S.C. 
2904 and 2906.
    In response to a request for discovery or for appearance of a 
witness, information that is relevant to the subject matter involved in 
the pending judicial or administrative proceeding.
    To officials of labor organizations recognized under the Civil 
Service Reform Act when relevant and necessary to their duties of 
exclusive representation concerning personnel policies, practices and 
matters affecting working conditions.
    The DoD `Blanket Routine Uses' that appear at the beginning of the 
Navy's compilation of systems notices also 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 record pertains. The DoD `Blanket Routine Uses' do not 
apply to these records.

Policies and practices for storing, retrieving, accessing, retaining, 
and disposing of records in the system:
Storage:
    The media in which these records are maintained vary, but include: 
file folders; magnetic tapes; automated minicomputer database, compact 
disks and diskettes (hard drive); rolodex files; cardex files; ledgers; 
and printed reports.

Retrievability:
    Name and/or Social Security Number (SSN); employee payroll number.

Safeguards:
    Locked desks in supervisor's office and also, locked cabinets in 
locked offices supervised by appropriate

[[Page 23444]]

personnel; periodic system backup and microcomputer records to data 
cartridge, microcomputer power supply locks and/or hard drive locks; 
security guards.

Retention and disposal:
    Transfer to National Personnel Records Center (NPRC), Civilian 
Personnel Records, St. Louis, MO, 30 days after separation. NPRC will 
destroy 75 years after birth date of employee (60) years after date of 
the earliest document in the file if the date of birth cannot be 
ascertained) or 5 years after the latest separation, whichever is 
later.

System manager(s) and address:
    Policy Official: Commander, Navy Exchange Service Command, 3280 
Virginia Beach Boulevard, Virginia Beach, VA 23452-5724.
    Master Record Holder: Director, Benefits/Labor/Employee Relations, 
Navy Exchange Service Command, 3280 Virginia Beach Boulevard, Virginia 
Beach, VA 23452-5724.
    Record Holder: Manager at the local Navy Exchange. Mailing 
Addresses are available from the Commander, Navy Exchange Service 
Command, 3280 Virginia Beach Boulevard, Virginia Beach, VA 23452-5724.

Notification procedure:
    Individuals seeking to determine whether this system of records 
contains information about themselves should address written inquiries 
to the Commander, Navy Exchange Service Command, 3280 Virginia Beach 
Boulevard, Virginia Beach, VA 23452-5724, or to the manager of the 
local Navy Exchange where employed.
    The request should contain full name, Social Security Number (SSN), 
activity where last employed or where last application for employment 
was filed and be signed. A list of other offices the requester may 
visit will be provided after initial contact is made at the office 
listed above.
    At the time of a personal visit, requester must provide proof of 
identity containing the requester's signature.

Record access procedures:
    Individuals seeking access to records about themselves contained in 
this system of records should address written inquiries to the 
Commander, Navy Exchange Service Command, 3280 Virginia Beach 
Boulevard, Virginia Beach, VA 23452-5724, or to the manager of the 
local Navy Exchange where employed.
    The request should contain full name, Social Security Number, 
activity where last employed or where last application for employment 
was filed and be signed. A list of other offices the requester may 
visit will be provided after initial contact is made at the office 
listed above.
    At the time of a personal visit, requester must provide proof of 
identity containing the requester's signature.

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:
    The individual to whom the record pertains; current and previous 
supervisors/employers; other records of the activity concerned; 
counseling records and comparable papers; educational institutions; 
applicants; applicant's previous employees; current and previous 
associates of the employee named by the employee as references; other 
records of activity investigators; witnesses; correspondents; 
investigative results and information provided by appropriate 
investigative agencies of the Federal Government.

Exemptions claimed for the system:
    Investigatory material compiled solely for the purpose of 
determining suitability, eligibility, or qualifications for federal 
civilian employment, military service, federal contracts, or access to 
classified information may be exempt pursuant to 5 U.S.C. 552a(k)(5), 
but only to the extent that such material would reveal the identity of 
a confidential source.
    Testing or examination material used solely to determine individual 
qualifications for appointment or promotion in the federal or military 
service, if the disclosure would compromise the objectivity or fairness 
of the test or examination process may be exempt pursuant to 5 U.S.C. 
552a(k)(6), if the disclosure would compromise the objectivity or 
fairness of the test or examination process.
    An exemption rule for this system has been promulgated in 
accordance with the requirements of 5 U.S.C. 553(b)(1), (2), and (3), 
(c) and (e) and published in 32 CFR part 701, subpart G. For additional 
information, contact the system manager.

[FR Doc. E8-9384 Filed 4-29-08; 8:45 am]
BILLING CODE 5001-06-P