Privacy Act of 1974; Amended System of Records, 61162-61166 [2015-25742]

Agencies

• DEPARTMENT OF COMMERCE

[Federal Register Volume 80, Number 196 (Friday, October 9, 2015)]
[Notices]
[Pages 61162-61166]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-25742]


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DEPARMENT OF COMMERCE

[Docket No. 150806686-5686-01]
RIN 0605-XC023


Privacy Act of 1974; Amended System of Records

AGENCY: Office of the Secretary, U.S. Department of Commerce.

ACTION: Notice of Proposed Amendment to Privacy Act System of Records: 
COMMERCE/DEPT-5, Freedom of Information and Privacy Request Records.

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SUMMARY: In accordance with the Privacy Act of 1974, as amended, Title 
5 United States Code (U.S.C.) 552a (e)(4) and (11); and Office of 
Management and Budget (OMB) Circular A-130, Appendix I, Federal Agency 
Responsibilities for Maintaining Records About Individuals, the 
Department of Commerce proposes to amend the system of records entitled 
``COMMERCE/DEPT-5, Freedom of Information and Privacy Request 
Records'', to change the system name to ``Freedom of Information Act 
and Privacy Act Request Records'' and to update: The category of 
individuals covered by the system; the categories of records in the 
system to include databases and electronic files; the system location; 
the safeguards, retrievability, and storage to include electronic 
records; the system manager(s) and addresses; the notification 
procedure; the records access procedures; and the contesting records 
procedures. Other updates to incorporate are to the routine uses to 
include: Disclosure 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); disclosure 
to appropriate agencies, entities and persons for breach notifications; 
and disclosure to the National Archives and Records Administration, 
Office of Government

[[Page 61163]]

Information Services. We invite public comment on the amended system 
announced in this publication.

DATES: To be considered, written comments must be submitted on or 
before November 9, 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: You may submit written comments by any of the following 
methods:
    Email: mtoland@doc.gov. Include ``COMMERCE/DEPT-5, Freedom of 
Information Act and Privacy Act Request Records'' in the subtext of the 
message.
    Fax: (202) 482-0827, marked to the attention of Freedom of 
Information and Privacy Act Officer.
    Mail: Freedom of Information and Privacy Act Officer, Office of 
Privacy and Open Government, U.S. Department of Commerce, 1401 
Constitution Ave. NW., Room 52010, Washington, DC 20230.

FOR FURTHER INFORMATION CONTACT: Freedom of Information and Privacy Act 
Officer, Office of Privacy and Open Government, U.S. Department of 
Commerce, 1401 Constitution Ave. NW., Room 52010, Washington, DC 20230, 
(202) 482-1190.

SUPPLEMENTARY INFORMATION: This notice announces the Department of 
Commerce's (Department) proposal to amend the system of records under 
the Privacy Act of 1974, for Freedom of Information Act (FOIA) and 
Privacy Act request records. The changes are needed because the 
existing notice for this system of records has not been amended since 
1981 and therefore, the notice is not up-to-date, accurate, and 
current, as required by the Privacy Act, 552a (e)(4). Further, Appendix 
A to OMB Circular A-130 requires agencies to periodically review 
systems of records notices for accuracy and completeness, paying 
special attention to changes in technology, function, and organization 
that may have made the notices out of date, and review routine use 
disclosures under 5 U.S.C. 552a (b)(3) to ensure they continue to be 
necessary and compatible with the purpose for which the information was 
collected. When any of the aforementioned changes occur, the Privacy 
Act requires agencies to publish in the Federal Register upon revision 
of a system of records, a notice that describes the amendments to the 
system of records.
    Not only does this notice address statutory requirements for 
ensuring the notice is up-to-date, accurate, and current, it provides 
individuals access to a current statement of what types of information 
are maintained and for what reason, as well. This notice also clarifies 
for individuals other aspects of the system of records, such as the use 
of electronic request tracking systems; where information is maintained 
and who manages the systems on which the information is stored; and the 
incorporation of additional routine uses, which describe the 
disclosures that will be made of the information on a routine basis, to 
whom the information may be released, and for what purpose the 
disclosures will be made. Specifically, we propose to modify the system 
of records to read as follows:
COMMERCE/DEPT-5

SYSTEM NAME:
    COMMERCE/DEPT-5, Freedom of Information Act and Privacy Act Request 
Records.

SECURITY CLASSIFICATION:
    None

SYSTEM LOCATION:
    a. For Department of Commerce request records: Office of Privacy 
and Open Government, U.S. Department of Commerce, 1401 Constitution 
Avenue NW., Washington, DC 20230.
    b. For Office of the Secretary request records: Immediate Office of 
the Secretary, U.S. Department of Commerce, 1401 Constitution Avenue 
NW., Washington, DC 20230.
    c. For U.S. Census Bureau request records: Freedom of Information 
Act and Open Government Branch, Policy Coordination Office, U.S. Census 
Bureau, Room 8H027, 4600 Silver Hill Road, Washington, DC 20233-3700.
    d. For Bureau of Economic Analysis/Economic and Statistics 
Administration request records: Office of the Undersecretary for 
Economic Affairs, Economic and Statistics Administration, Room 4848, 
1401 Constitution Avenue NW., Washington, DC 20230.
    e. For Economic Development Administration request records: Office 
of the Chief Counsel, Economic Development Administration, Room 7325, 
1401 Constitution Avenue NW., Washington, DC 20230.
    f. For Bureau of Industry and Security request records: Office of 
Administration, Bureau of Industry and Security, Room 6622, 1401 
Constitution Avenue NW., Washington, DC 20230.
    g. For International Trade Administration request records: 
Performance Management and Employment Management Programs Division, 
International Trade Administration, Room 40003, 1401 Constitution 
Avenue NW., Washington, DC 20230.
    h. For Minority Business Development Agency request records: 
Minority Business Development Agency, Room 5093, 1401 Constitution 
Avenue NW., Washington, DC 20230.
    i. For National Institute of Standards and Technology request 
records: Freedom of Information Act Office, National Institute of 
Standards and Technology, Mailstop 1710, 100 Bureau Drive, 
Gaithersburg, MD 20899-1710.
    j. For National Technical Information Service request records: 
Freedom of Information Act Officer, National Technical Information 
Service, 5301 Shawnee Road, Alexandria, VA 22312.
    k. For National Telecommunications and Information Administration 
request records: Office of the Chief Counsel, National 
Telecommunications and Information Administration, Room 4713, 1401 
Constitution Avenue NW., Washington, DC 20230.
    l. For National Oceanic and Atmospheric Administration request 
records: NOAA OCIO, 1315 East-West Highway, Room 9700, SSMC3, Silver 
Spring, Maryland 20910.
    m. For Office of Inspector General request records: Freedom of 
Information Act Officer, Office of Inspector General, Room 7896, 1401 
Constitution Avenue NW., Washington, DC 20230.
    n. For U.S. Patent and Trademark Office request records: Freedom of 
Information Act Officer, U.S. Patent and Trademark Office, P.O. Box 
1450, Alexandria, Virginia 22313-1450.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    The system encompasses all individuals who submit FOIA and Privacy 
Act requests to the organizational units shown in the System Location 
section above; individuals whose requests and/or records have been 
referred by other agencies to the organizational units shown in the 
System Location section above; attorneys or other persons representing 
individuals submitting such requests and appeals; individuals who 
submitted administrative appeals to the Office of the General Counsel, 
the Office of Inspector General, or the U.S. Patent and Trademark 
Office; individuals who are the subjects of such requests and appeals; 
and individuals who file litigation based on their requests.

CATAGORIES OF RECORDS IN THE SYSTEM:
    The system may include requester information, such as the name, 
address, organization, phone number, and email

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address of requesters; request information, such as request 
description, request fee category and processing track; request 
submitted, perfected, and acknowledgement sent dates; incoming requests 
and supporting information; correspondence developed during processing 
of requests; initial, interim, and final determination letters; records 
summarizing pertinent facts about requests and actions taken; copy or 
description of records released; and descriptions of records denied.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    Freedom of Information Act, 5 U.S.C. 552; Privacy Act of 1974 as 
amended, 5 U.S.C. 552a; 5 U.S.C. 301, and 44 U.S.C. 3101.

PURPOSES:
    The purpose of this system is to maintain records that are used by 
staff involved in FOIA and Privacy Act request processing and 
correspondence, as well as by appeals officials and members of the 
Office of General Counsel, the Office of Inspector General, or the U.S. 
Patent and Trademark Office. In addition this system is used to support 
agency participation in litigation arising from such requests and 
appeals, and to assist the Department and its components in carrying 
out any other responsibilities under the FOIA or the access or 
amendment provisions of the Privacy Act.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND PURPOSES OF SUCH USES:
    In addition to those disclosures generally permitted under 5 U.S.C. 
552a(b) of the Privacy Act, all or a portion of the records or 
information contained in this system may be disclosed to authorized 
entities, as is determined to be relevant and necessary, outside the 
Department as a routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:
    1. Used by Department management and legal personnel to ensure that 
each request receives an appropriate reply and to compile data for the 
required annual reports on activities under the Acts.
    2. 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, or 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, as a routine use, 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, or rule, regulation or order 
issued pursuant thereto, or protecting the interest of the Department.
    3. 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 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.
    4. 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 written 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.
    5. A record from this system of records may be disclosed, as a 
routine use, in the course of presenting evidence to a court, 
magistrate or administrative tribunal, including disclosures to 
opposing counsel representing the requester and/or subject of the 
records in the course of settlement negotiations.
    6. A record in this system of records may be disclosed, as a 
routine use, 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.
    7. A record in this system of records may be disclosed, as a 
routine use, to the Department of Justice in connection with 
determining whether disclosure thereof is required by the Freedom of 
Information Act (5 U.S.C. 552).
    8. A record in this system of records may be disclosed, as a 
routine use, 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).
    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 man-power 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 
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.
    12. A record from this system of records may be disclosed, as a 
routine use, to the National Archives and Records Administration, 
Office of Government Information Services (OGIS), to the extent 
necessary to fulfill its responsibilities in 5 U.S.C. 552(b), to review 
administrative agency policies, procedures and compliance with the 
Freedom of Information Act (FOIA), and to facilitate OGIS' offering of 
mediation services to resolve disputes between persons making FOIA 
requests and administrative agencies.
    13. 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

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legislative coordination and clearance process as set forth in that 
Circular.

DISCLOSURE TO CONSUMER REPORTING AGENCIES:
    Not applicable.

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, 
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
    At all locations: Records in this system are stored on paper and/or 
in electronic form. Paper records are maintained in file folders or 
loose-leaf binders. Electronic records are maintained within electronic 
request tracking systems and/or in electronic form in system folders; 
additional electronic files may be kept in electronic digital media 
within a controlled environment, and accessed only by authorized 
personnel.

RETRIEVABILITY:
    For FOIA requests:
    a. Records maintained in electronic request tracking systems are 
retrieved by individual Department component responsibility; by the 
name and/or organization of the requester or appellant; the number 
assigned to the request or appeal; by the name of the individual 
assigned to process the request or appeal; by the received, due, and/or 
closed date of the request or appeal; by the track, type and/or status 
of the request; and/or the time in days to process the request.
    b. Records maintained in electronic form in system folders are 
retrieved by the name of the requester or appellant and/or the number 
assigned to the request or appeal.
    c. Records maintained in paper form are retrieved by the name of 
the requester or appellant; and/or the number assigned to the request 
or appeal.
    For Privacy Act requests:
    a. Records maintained in electronic request tracking systems or 
electronic form in system folders are retrieved by the name of the 
requester or appellant and/or the number assigned to the request or 
appeal.
    b. Records maintained in paper form are retrieved by the name of 
the requester or appellant; and/or the number assigned to the request 
or appeal.

SAFEGUARDS:
    Paper records and disks as stored in file cabinets on secured 
premises with access limited to personnel whose official duties require 
access. For electronic media, the system is password protected and is 
FIPS 199 (Federal Information Processing Standard Publication 199, 
``Standards for Security Categorization of Federal Information and 
Information Systems'') compliant. The electronic system adheres to a 
Moderate security rating.

RETENTION AND DISPOSAL:
    Records are disposed of in accord with the appropriate records 
disposition schedule approved by the Archivist of the United States.

SYSTEM MANGER(S) AND ADDRESS:
    For records at location a.: Departmental Freedom of Information/
Privacy Act Officer, Office of Privacy and Open Government, U.S. 
Department of Commerce, Room A300, 1401 Constitution Avenue NW., 
Washington, DC 20230.
    For records at location b.: Office of the Secretary Freedom of 
Information Act Officer, Office of Privacy and Open Government, U.S. 
Department of Commerce, Room A300, 1401 Constitution Avenue NW., 
Washington, DC 20230.
    For records at location c.: Freedom of Information Act/Privacy Act 
Officer, Freedom of Information Act and Open Government Branch, Policy 
Coordination Office, U.S. Census Bureau, Room 8H027, 4600 Silver Hill 
Road, Washington, DC 20233-3700.
    For records at location d.: Freedom of Information Act Officer, 
Office of the Undersecretary for Economic Affairs, Economic and 
Statistics Administration, Room 4848, 1401 Constitution Avenue NW., 
Washington, DC 20230.
    For records at location e.: Freedom of Information Act Officer, 
Office of the Chief Counsel, Economic Development Administration, Room 
7325, 1401 Constitution Avenue NW., Washington, DC 20230.
    For records at location f.: Freedom of Information Act Officer, 
Office of Administration, Bureau of Industry and Security, Room 6622, 
1401 Constitution Avenue NW., Washington, DC 20230.
    For records at location g.: Freedom of Information Act Officer, 
Performance Management and Employment Management Programs Division, 
International Trade Administration, Room 40003, 1401 Constitution 
Avenue NW., Washington, DC 20230.
    For records at location h.: Freedom of Information Act Officer, 
Minority Business Development Agency, Room 5093, 1401 Constitution 
Avenue NW., Washington, DC 20230.
    For records at location i.: Freedom of Information Act Officer, 
Freedom of Information Act Office, National Institute of Standards and 
Technology, Mailstop 1710, 100 Bureau Drive, Gaithersburg, MD 20899-
1710.
    For records at location j.: Freedom of Information Act Officer, 
National Technical Information Service, 5301 Shawnee Road, Alexandria, 
VA 22312.
    For records at location k.: Freedom of Information Act Officer, 
Office of the Chief Counsel, National Telecommunications and 
Information Administration, Room 4713, 1401 Constitution Avenue NW., 
Washington, DC 20230.
    For records at location l.: Freedom of Information Act Officer, 
NOAA OCIO, 1315 East-West Highway, Room 9700, SSMC3, Silver Spring, 
Maryland 20910.
    For records at location m.: Freedom of Information Act Officer, 
Office of Inspector General, Room 7896, 1401 Constitution Avenue NW., 
Washington, DC 20230.
    For records at location n.: Freedom of Information Act Officer, 
U.S. Patent and Trademark Office, P.O. Box 1450, Alexandria, Virginia 
22313-1450.

NOTIFICATION PROCEDURE:
    Individuals who are seeking notification of and access to any 
record contained in this system of records, or who are seeking to 
contest its content or appeal an initial determination, should submit a 
signed, written inquiry to the Department of Commerce's or component's 
FOIA Officer and/or Privacy Act Officer, whose contact information can 
be found at https://www.osec.doc.gov/omo/FOIA/contactfoia.htm under 
``Freedom of Information Act/Privacy Act Contacts'' or under the System 
Manager(s) section above. Records concerning initial requests under the 
FOIA and the Privacy Act are maintained by the individual Department of 
Commerce component to which the initial request was addressed or 
directed. Individuals who believe more than one component maintains 
records in this system of records concerning them may submit a request 
to the Departmental Freedom of Information/Privacy Act Officer, Office 
of Privacy and Open Government, U.S. Department of Commerce, 
Constitution Avenue NW., Washington, DC 20230.
    Any individuals who seek records from this system of records or any 
other Department system of records pertaining to themselves, must 
submit a request conforming with the Department's Privacy Act 
regulations set forth in 15 CFR part 4. Individuals must first verify 
their identities, meaning that they must provide their full name, 
current address and date and place of birth. Individuals must sign the 
request, and their signatures must either be notarized or submitted 
under 28 U.S.C. 1746, a law that permits statements to be made

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under penalty of perjury as a substitute for notarization.
    Any individuals who seek records from this system of records or any 
other Department system of records on behalf of another living person, 
must include a statement, which conforms with 15 CFR part 4, from that 
person certifying his/her agreement to allow access to the records. 
Requesters should reasonably specify the record contents being sought.

RECORD ACCESS PROCEDURES:
    Same as Notification Procedure section above.

CONTESTNG RECORD PROCEDURES:
    Same as Notification Procedure section above. Requesters should 
also reasonably identify the records, specify the information they are 
contesting, and state the corrective action sought and the reasons for 
the correction with supporting justification showing how the record is 
incomplete, untimely, inaccurate, or irrelevant.

RECORD SOURCE CATEGORIES:
    Records are obtained from those individuals who submit requests and 
administrative appeals pursuant to the FOIA and the Privacy Act or who 
file litigation regarding such requests and appeals; the agency record 
keeping systems searched in the process of responding to such requests 
and appeals; Department personnel assigned to handle such requests, 
appeals, and/or litigation; other agencies or entities that have 
referred to Department requests concerning Department records or that 
have consulted with the Department regarding handling of particular 
requests; and submitters or subjects of records or information that 
have provided assistance to the Department in making access or 
amendment determinations.

EXEMPTIONS CLAIMED FOR THE SYSTEM:
    None.

    Dated: October 1, 2015.
Michael J. Toland,
Department of Commerce, Acting Freedom of Information/Privacy Act 
Officer.
[FR Doc. 2015-25742 Filed 10-8-15; 8:45 am]
BILLING CODE 3510-17-P