Privacy Act of 1974; System of Records, 64886-64889 [2018-27289]

Agencies

• NATIONAL COMMISSION ON MILITARY, NATIONAL, AND PUBLIC SERVICE

[Federal Register Volume 83, Number 242 (Tuesday, December 18, 2018)]
[Notices]
[Pages 64886-64889]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-27289]


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NATIONAL COMMISSION ON MILITARY, NATIONAL, AND PUBLIC SERVICE

[NCMNPS Docket No. 02-2018-01]


Privacy Act of 1974; System of Records

AGENCY: National Commission on Military, National, and Public Service.

ACTION: Notice of a new system of records.

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SUMMARY: In accordance with the Privacy Act of 1974, as amended, the 
National Commission on Military, National, and Public Service (the 
``Commission'') gives notice of the establishment of a new system of 
records titled, ``NCMNPS-2, Employee Administrative Records''.

DATES: Written comments should be submitted on or before January 17, 
2019. The new system of records will be effective January 17, 2019, 
unless the comments received result in a contrary determination.

ADDRESSES: You may submit comments, identified by the title and docket 
number (see above), by any of the following methods:
     Email: legal@inspire2serve.gov. Please include the docket 
number in the subject line of the message.
     Website: https://www.inspire2serve.gov/content/share-your-thoughts. Follow the instructions on the page to submit a comment and 
include the docket number in the comment.
     Mail: National Commission on Military, National, and 
Public Service, Attn: Docket 02-2018-01, 2530 Crystal Drive, Suite 
1000, Box No. 63, Arlington, VA 22202.
    To ensure proper handling, please include the docket number on your 
correspondence. Comments will be available for public inspection and 
copying on official business days between the hours of 10 a.m. and 5 
p.m. Eastern Time. You can make an appointment to inspect comments by 
telephoning 703-571-3742. All comments, including attachments and other 
supporting materials, will become part of the public record and subject 
to public disclosure. You should submit only information that you wish 
to make available publicly. Sensitive personal information, such as 
account numbers or social security numbers, should not be included.

FOR FURTHER INFORMATION CONTACT: For general inquiries, submission 
process questions, or any additional information about this request for 
comments, please contact Rachel Rikleen, at (703) 571-3760 or by email 
at legal@inspire2serve.gov.

SUPPLEMENTARY INFORMATION: The National Commission on Military, 
National, and Public Service (the ``Commission'') was created as an 
independent agency within the executive branch by the National Defense 
Authorization Act for Fiscal Year 2017, Public Law 114-328, 130 Stat. 
2000 (2016). As a federal agency, the Commission is required to 
maintain information regarding its personnel. The

[[Page 64887]]

Employee Administrative system helps the Commission manage and 
administer human capital functions, including personnel actions, 
payroll, time and attendance, leave, insurance, tax, retirement and 
other benefits, and employee claims for loss or damage to personal 
property; to prepare related reports to other federal agencies; to 
prepare travel arrangements for Commission employees; and to apply the 
federal ethics regulations to the Commission and its employees. The 
information will also be used for administrative purposes to ensure 
quality control, performance, and improving management processes. This 
system will be included in the Commission's inventory of record 
systems.
    The Privacy Act embodies fair information practice principles in a 
statutory framework governing the means by which federal government 
agencies collect, maintain, use, and disseminate individuals' records. 
The Privacy Act applies to information that is maintained in a ``system 
of records.'' A ``system of records'' is a group of any records under 
the control of an agency from which information is retrieved by the 
name of an individual or by some identifying number, symbol, or other 
identifying particular assigned to the individual. In the Privacy Act, 
an individual is defined to encompass U.S. citizens and lawful 
permanent residents.
    The report of this system of records has been submitted to the 
Committee on Oversight and Government Reform of the House of 
Representatives, the Committee on Homeland Security and Governmental 
Affairs of the Senate, and the Office of Management and Budget, 
pursuant to the Privacy Act, 5 U.S.C. 552a(r).
    The system of records notice entitled ``NCMNPS-2, Employee 
Administrative Records'' is published in its entirety below.

    Dated: December 12, 2018.
Paul N. Lekas,
General Counsel and Chief Privacy Officer.
NCMNPS-2

SYSTEM NAME AND NUMBER:
    NCMNPS-2, Employee Administrative Records.

SECURITY CLASSIFICATION:
    None of the information in the system is classified.

SYSTEM LOCATION:
    Records are maintained at the National Commission on Military, 
National, and Public Service's office in Arlington, VA. The mailing 
address for the Commission is 2530 Crystal Drive, Suite 1000, Box No. 
63, Arlington, VA 22202. The Department of Defense's Washington 
Headquarter Services (WHS) provides some human resource services under 
an interagency memorandum of understanding. Records held by WHS are 
handled consistent with their system of records.

SYSTEM MANAGER(S):
    Director of Operations, National Commission on Military, National, 
and Public Service, 2530 Crystal Drive, Suite 1000, Box No. 63, 
Arlington, VA 22202. The Director of Operations can be contacted at 
703-571-3742 or info@inspire2serve.gov.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    5 U.S.C. 5501 et seq., 5525 et seq., 5701 et seq., and 6301 et 
seq.; Executive Order 9397, as amended by Executive Order 13478; the 
Ethics in Government Act of 1978; 5 U.S.C. 301; 44 U.S.C. 3101; Public 
Law 114-328, sections 551-557.

PURPOSE(S) OF THE SYSTEM:
    The information in the system is being collected to enable the 
Commission to manage and administer human capital functions, including 
personnel actions, payroll, time and attendance, leave, insurance, tax, 
retirement and other benefits, and employee claims for loss or damage 
to personal property; to prepare related reports to other federal 
agencies; to prepare travel arrangements for Commission employees; and 
to apply the federal ethics regulations to the Commission and its 
employees. The information will also be used for administrative 
purposes to ensure quality control, performance, and improving 
management processes.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Individuals covered by this system are current and former 
Commission employees, volunteers, detailees, applicants, and interns 
who work at the Commission (collectively, ``employees'') and their 
named dependents, beneficiaries, and/or emergency contacts.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Records in this system may contain identifiable information about 
individuals including, without limitation: (1) Identification and 
contact information, including name, address, email address, phone 
number and other contact information; (2) employee emergency contact 
information, including name, phone number, relationship to employee or 
emergency contact; (3) Social Security number (SSN), employee ID 
number, organization code, pay rate, salary, grade, length of service, 
and other related pay and leave records including payroll data; (4) 
biographic and demographic data, including date of birth and marital or 
domestic partnership status; (5) employment-related information such as 
performance reports, training, professional licenses, certification, 
and memberships information, employee claims for loss or damage to 
personal property, and other information related to employment by the 
Commission; (6) benefits data, such as health, life, travel, and 
disability insurance information; (7) retirement benefits information 
and flexible spending account information; (8) travel-related 
information, including information related to reimbursement for 
official travel; and (9) information compiled in connection with annual 
ethics filings and related regulatory requirements.
    General personnel and administrative records contained in this 
system are covered under the government-wide systems of records notice 
published by the Office of Personnel Management (OPM/GOVT-1). This 
system complements OPM/GOVT-1 and this notice incorporates by reference 
but does not repeat all of the information contained in OPM/GOVT-1.

RECORD SOURCE CATEGORIES:
    Information in this system is obtained from current and former 
Commission employees; their named dependents, beneficiaries and/or 
emergency contacts; individuals who have applied for a position or have 
been extended offers of employment by the Commission; and from 
individuals and entities associated with federal employee benefits, 
retirement, human resource functions, accounting, and payroll systems 
administration.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND PURPOSES OF SUCH USES:
    In addition to those disclosures permitted under 5 U.S.C. 552a(b), 
all or a portion of the records or information contained in this system 
may be disclosed by the Commission as a routine use pursuant to 5 
U.S.C. 552a(b)(3) as follows:
    A. To the Department of Justice (DOJ), including Offices of the 
U.S. Attorneys, or other federal agencies conducting litigation or in 
proceedings before any court, adjudicative, or administrative body, 
when it is relevant or necessary to the litigation and one of the 
following

[[Page 64888]]

is a party to the litigation or has an interest in such litigation:
    1. The Commission;
    2. Any employee or former employee of the Commission in his or her 
official capacity;
    3. Any employee or former employee of the Commission in his or her 
individual capacity when DOJ or the Commission has agreed to represent 
the employee; or
    4. The U.S. Government or any agency thereof.
    B. To a congressional office from the record of an individual in 
response to an inquiry from that congressional office made at the 
request of the individual to whom the record pertains.
    C. To the National Archives and Records Administration (NARA) or 
General Services Administration pursuant to records management 
inspections being conducted under the authority of 44 U.S.C. 2904 and 
2906.
    D. To an agency or organization for the purpose of performing audit 
or oversight operations as authorized by law, but only such information 
as is necessary and relevant to such audit or oversight function.
    E. To appropriate agencies, entities, and persons when: (1) The 
Commission suspects or has confirmed that there has been a breach of 
the system of records; (2) the Commission has determined that as a 
result of the suspected or confirmed breach there is a risk of harm to 
individuals, the Commission (including its information systems, 
programs, and operations), the Federal Government, or national 
security; and (3) the disclosure made to such agencies, entities, and 
persons is reasonably necessary to assist in connection with the 
Commission's efforts to respond to the suspected or confirmed breach or 
to prevent, minimize, or remedy such harm.
    F. To another Federal agency or Federal entity, when the Commission 
determines that information from this system of records is reasonably 
necessary to assist the recipient agency or entity in (1) responding to 
a suspected or confirmed breach or (2) preventing, minimizing, or 
remedying the risk of harm to individuals, the recipient agency or 
entity (including its information systems, programs, and operations), 
the Federal Government, or national security, resulting from a 
suspected or confirmed breach.
    G. To contractors and their agents, experts, consultants, and 
others performing or working on a contract, service, cooperative 
agreement, or other assignment for the Commission, when necessary to 
accomplish an agency function related to this system of records. 
Individuals provided information under this routine use are subject to 
the same Privacy Act requirements and limitations on disclosure as are 
applicable to the Commission officers and employees.
    H. To an appropriate federal, state, tribal, territorial, local, 
international, or foreign law enforcement agency or other appropriate 
authority charged with investigating or prosecuting a violation or 
enforcing or implementing a law, rule, regulation, or order, when a 
record, either on its face or in conjunction with other information, 
indicates a violation or potential violation of law, which includes 
criminal, civil, or regulatory violations and such disclosure is proper 
and consistent with the official duties of the person making the 
disclosure.
    I. To designated officers and employees of federal, state, tribal, 
territorial, local, or international agencies in connection with the 
hiring or continued employment of an individual, the conduct of a 
suitability or security investigation of an individual, the grant, 
renewal, suspension, or revocation of a security clearance, or the 
certification of security clearances, to the extent that the Commission 
determines the information is relevant and necessary to the hiring 
agency's decision.
    J. To a court, magistrate, or administrative tribunal in the course 
of presenting evidence, including disclosures to opposing counsel or 
witnesses in the course of civil discovery, litigation, or settlement 
negotiations or in connection with criminal law proceedings.
    K. To the other federal agencies who provide payroll personnel 
processing services under a cross-servicing agreement for purposes 
relating to the conversion of the Commission employee payroll and 
personnel processing services; the issuance of paychecks to employees 
and distribution of wages; and the distribution of allotments and 
deductions to financial and other institutions, some through electronic 
funds transfer.
    L. To federal, state, tribal, territorial, or local agencies for 
use in locating individuals and verifying their income sources to 
enforce child support orders, to establish and modify orders of 
support, and for enforcement of related court orders.
    M. To provide wage and separation information to another federal 
agency as required by law for payroll purposes.
    N. To the Office of Personnel Management, the Merit System 
Protection Board, Federal Labor Relations Authority, or the Equal 
Employment Opportunity Commission when requested in the performance of 
their authorized duties.
    O. To the Department of Labor in connection with a claim filed by 
an employee for compensation due to a job-connected injury or illness.
    P. To the Department of the Treasury to issue checks.
    Q. To State offices of unemployment compensation with survivor 
annuity or health benefits claims or records reconciliations.
    R. To Federal Employee's Group Life Insurance or Health Benefits 
carriers in connection with survivor annuity or health benefits claims 
or records reconciliations.
    S. To the Internal Revenue Service and State and local tax 
authorities for which an employee is or was subject to tax regardless 
of whether tax is or was withheld in accordance with Treasury Fiscal 
Requirements, as required.
    T. To any source from which additional information is requested by 
the Commission relevant to a Commission determination concerning an 
individual's pay, leave, or travel expenses, to the extent necessary to 
identify the individual, inform the source of the purpose(s) of the 
request, and to identify the type of information requested.
    U. To the Office of Management and Budget at any stage in the 
legislative coordination and clearance process in connection with 
private relief legislation as set forth in OMB Circular No. A-19.
    V. To the Social Security Administration and the Department of the 
Treasury to disclose pay data on an annual basis.
    W. To the Department of Health and Human Services for the purpose 
of providing information on new hires and quarterly wages as required 
under the Personal Responsibility and Work Opportunity Reconciliation 
Act of 1996.
    X. To the news media and the public, with the approval of the Chief 
Privacy Officer in consultation with counsel, when there exists a 
legitimate public interest in the disclosure of the information or when 
disclosure is necessary to preserve confidence in the integrity of the 
Commission or is necessary to demonstrate the accountability of the 
Commission's officers, employees, or individuals covered by the system, 
except to the extent it is determined that release of the specific 
information in the context of a particular case would constitute an 
unwarranted invasion of personal privacy.

[[Page 64889]]

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    The Commission stores records in this system electronically or on 
paper in secure facilities in a locked drawer behind a locked door.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    Only authorized personnel can access or retrieve information. 
Records may be retrieved by a variety of fields, including, without 
limitation, the individual's name, SSN, address, account number, 
transaction number, phone number, date of birth, or by some combination 
thereof.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    The Commission will maintain electronic and paper records under the 
National Archives and Records Administration's General Records 
Schedules 1.1, 2.1-2.8.

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    Records in this system are safeguarded in accordance with 
applicable rules and policies, including automated systems security and 
access policies. Access to records in this system is limited to those 
individuals who have a need to know the information for the performance 
of their official duties and who have appropriate clearances or 
permissions.

RECORD ACCESS PROCEDURES:
    Individuals seeking notification and access to any record contained 
in this system of records, or seeking to contest its content, may 
submit a request in writing to the Chief Privacy Officer at the address 
provided for the System Manager, above. When seeking records about 
yourself from this system of records your request must comply with the 
Commission's Privacy Act regulations and must include sufficient 
information to permit us to identify potentially responsive records. In 
addition, you must sign your request, and your signature must either be 
notarized or submitted under 28 U.S.C. 1746, a law that permits 
statements to be made under penalty of perjury as a substitute for 
notarization. If your request is seeking records pertaining to another 
living individual, you must include a statement from that individual 
certifying his/her consent to your access to his/her records. Without 
this information, we may not be able to conduct an effective search, 
and your request may be denied due to lack of specificity or lack of 
compliance with applicable regulations.

CONTESTING RECORD PROCEDURES:
    See ``Record Access Procedures'' above.

NOTIFICATION PROCEDURES:
    See ``Record Access Procedures'' above.

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    None.

HISTORY:
    No previous Federal Register notices for this system of records 
exist.

[FR Doc. 2018-27289 Filed 12-17-18; 8:45 am]
 BILLING CODE 3610-YE-P