Privacy Act of 1974, New System of Records, 816-820 [2016-31315]
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Federal Register / Vol. 82, No. 2 / Wednesday, January 4, 2017 / Notices
The meeting is open to the public.
The agenda will include time for people
to make oral statements of three minutes
or less. Anyone who would like to bring
related matters to the attention of the
committee may file written statements
with the committee staff before or after
the meeting. Written comments and
requests for time to make oral comments
must be sent to Adriene Holcomb,
District Ranger, 308 US Highway 189,
Kemmerer, Wyoming, 83101; by email
to aholcomb@fs.fed.us, or via facsimile
to 307–828–5135.
Meeting Accommodations: If you are
a person requiring reasonable
accommodation, please make requests
in advance for sign language
interpreting, assistive listening devices,
or other reasonable accommodation. For
access to the facility or proceedings,
please contact the person listed in the
section titled FOR FURTHER INFORMATION
CONTACT. All reasonable
accommodation requests are managed
on a case by case basis.
Dated: December 22, 2016.
Adriene Holcomb,
District Ranger.
[FR Doc. 2016–31867 Filed 1–3–17; 8:45 am]
BILLING CODE 3411–15–P
DEPARTMENT OF COMMERCE
[Docket No. 161102999–6999–01]
Privacy Act of 1974, New System of
Records
Office of the Secretary, U.S.
Department of Commerce.
ACTION: Notice of a new Privacy Act
system of records: COMMERCE/DEPT–
27, Investigation and Threat
Management Records.
AGENCY:
The Department of Commerce
(Department) is issuing this notice of its
intent to establish a new system of
records entitled ‘‘COMMERCE/
DEPARTMENT–27, Investigation and
Threat Management Records.’’ This
action is being taken to update the
Privacy Act notice and Department
Notice to Amend All Privacy Act
System of Records. We invite the public
to comment on the items noted in this
publication. This system allows the
Department of Commerce to conduct
investigations and analyses to identify
and/or assess critical threats to the
Department’s mission, operations, or
activities; prevent or mitigate such
threats from adversely affecting
Department personnel, facilities,
property, or assets through strategic and
tactical approaches; and collaborate
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SUMMARY:
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with other national security and law
enforcement entities as appropriate.
DATES: To be considered, written
comments must be submitted on or
before February 3, 2017. Unless
comments are received, the new system
of records will become effective as
proposed on February 13, 2017. 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: You may submit written
comments by any of the following
methods:
Email: MHarman@doc.gov. Include
‘‘Privacy Act COMMERCE/DEPT–27,
Investigation and Threat Management
Records’’ in the subtext of the message.
Fax: (202) 482–4979, marked to the
attention of Mr. Michael Harman.
Mail: Mr. Michael Harman, Office of
Security, U.S. Department of Commerce,
1401 Constitution Ave. NW., Room
1067, Washington, DC 20230.
FOR FURTHER INFORMATION CONTACT:
Michael Harman, as noted in the
ADDRESSES section above.
SUPPLEMENTARY INFORMATION: This
notice announces the Department’s
proposal for a new system of records
being established under the Privacy Act
of 1974 for Investigation and Threat
Management Records. This new system
of records is to account for the
collection, maintenance, and use of
information in connection with mission
critical threats to the Department.
In a notice of proposed rulemaking,
which is published separately in today’s
Federal Register, the Department is
proposing to exempt records maintained
in this system from certain provisions of
the Privacy Act pursuant to 5 U.S.C.
552a(j)(2), (k)(1), (k)(2), and (k)(5). The
Department is instituting this new
system of records in accordance with
the Privacy Act of 1974, as amended,
Title 5 United States Code (U.S.C.)
552(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 system will be effective as
proposed, on the date in the DATES
section of this notice, unless comments
are received which would require a
contrary determination. 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
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effect until publication of a final action
in the Federal Register.
COMMERCE/DEPT–27
SYSTEM NAME:
Investigation and Threat Management
Records.
SECURITY CLASSIFICATION:
Unclassified, controlled unclassified
information, for official use only, law
enforcement sensitive, and classified.
SYSTEM LOCATIONS:
Departmental Office of Security, OS,
Herbert C. Hoover Building,
Washington, DC 20230.
Office of Security, 551 John Carlyle
Street, Alexandria, VA 22314.
Office of Security, 100 Bureau Drive,
Gaithersburg, MD 20899.
Office of Security, 1315 East-West
Highway, Silver Spring, MD 20910.
Office of Security, 325 Broadway St.
Boulder, CO 80305.
Office of Security, 4600 Silver Hill
Road, Suitland, MD 20746.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
The categories of individuals covered
by this system include Department
employees, former employees, and
prospective employees; political
appointees; research associates and
guest workers; interns and detailees to
the Department; foreign nationals and
locally employed staff working for or
with Department employees, and are
assigned to or salaried by other U.S.
government agencies in locations
worldwide; employees of contractors
used, or which may be used, by the
Department; employees, principal
Officers, and company information of
contractors/businesses retained, or
which may be retained by the
Department, to include subcontractors;
individuals who have access, had
access, will require access, or attempt
access to any Department owned or
leased facility, communications
equipment, or information technology
system; employees of other U.S.
government agencies, foreign officials,
or members of the public who visit the
Department or have or may have other
associations with the Department;
family members, dependents, relatives,
and individuals with a personal
association to Department employees,
former employees, and prospective
employees; principal Officers and
employees of organizations, firms, or
institutions which were recipients or
beneficiaries, or prospective recipients
or beneficiaries, of grants, loans, or loan
guarantee programs of the Department;
sub-grantees, lessees, licensees or other
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persons engaged in business with the
Department; and nominees, members,
and former members of public advisory
committees, boards, trade missions and
export councils that may be part of the
Department or associated with
Department function.
The system also includes current and
former employees of the Department
and such other persons and entities
whose association with the Department
relates or may relate to the alleged
violations of the Department’s policies,
rules of conduct, or any other criminal
or civil misconduct, which affects the
integrity, facilities, information, or
assets of or within the Department. The
identities of individuals and the files
associated with them may be: (1)
Received by referral; or (2) Initiated at
the discretion of the Investigations and
Threat Management Division (‘‘ITMD’’)
in the conduct of assigned duties, and
include all of the categories listed in the
preceding paragraph, as well as the
following: Employees or contractors of
other U.S. government agencies, named
and unnamed, who are working with or
supporting the investigative or
intelligence functions of the ITMD;
individuals identified in U.S. visa,
border, immigration and naturalization
benefit data, including arrival and
departure data, that are included in
results seeking Department-related
individuals; individuals identified by
U.S. or foreign information or
intelligence reporting that are included
in results seeking Department-related
individuals; individuals who are:
Witnesses; complainants; confidential
or non-confidential informants;
suspects; defendants; and parties who
have been identified by the ITMD or by
other agencies, constituent units of the
Department, and members of the general
public in connection with the
authorized functions of the ITMD.
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CATEGORIES OF RECORDS IN THE SYSTEM:
Categories in this system include
individual identifying records, which
may include some or all of the
following: Names and aliases; phone
numbers, addresses and other contact
information; date and place of birth;
Social Security number; driver license,
vehicle identification, and license plate
numbers; visa, passport, and citizenship
records, data, and documents; physical
characteristics, sex, gender, and
ethnicity; education, employment and
military service history; salary and duty
station; human resource and personnel
data; affiliations; travel history; tax and
financial records; credit references and
credit records; medical history; records
related to drug and alcohol use;
biometric data; license and permit
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records, data, and documents; criminal
and arrest records; dates and purpose of
visits to foreign countries; names of
spouses, relatives, references,
affiliations, and personal associates;
activities; special access program
requests; facility and computer access
logs; clearance adjudication and
investigation data; and security and
suitability materials.
Investigative files may include
additional information such as
allegations and referrals received and
method received; publically and
privately obtained internet data and
items posted to social networking sites;
information from background
investigations; incidents involving
unauthorized access to classified
national security information
(‘‘classified’’); individual identifying
records; facility access logs; information
processing use and activity records;
classified and unclassified intelligence
reports; activities having a potential
bearing on the security of Department
operations domestic and abroad, to
include those involving criminal or
foreign intelligence activities;
photographic images, videos, audio
recordings, CDs, DVDs, tapes; email and
text messages; letters, emails,
memoranda, notes, forms, and reports;
exhibits, evidence, statements,
affidavits, and correspondence;
subpoena and grand jury information;
materials and information on subjects of
inquiries or investigations conducted by
or on behalf of other Federal agencies;
activities other agencies believe may
have a bearing on U.S. foreign policy
interests; reports of policy, physical,
information, or cyber security violations
or infractions, and recommendations for
remedial actions and mitigation;
activities and records related to
Department cyber infrastructure,
intrusion and network defense; litigants
in civil suits and criminal prosecutions
of interest to the ITMD; other
documentation pertaining to
investigative or analytical efforts by the
ITMD to identify threats to the
Department’s personnel, property,
facilities, and information; and all other
data included in inquiries or
investigations into possible illegal
activity or violation conducted by the
ITMD.
This system also includes
investigation case control and
management documents that serve as
the basis for conducting investigations,
such as documents requesting the
investigation and documents used in
case management control such as case
inventories, lead sheets, other tasking
documents, and transfer forms;
intelligence requirements, analysis, and
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reporting; operational records; articles,
open source data, and other published
information on individuals and events
of interest to the ITMD.
Records related to the Department’s
Insider Threat Program regarding the
unauthorized disclosure of sensitive and
classified information may include all
categories mentioned above, and
unclassified and classified insider threat
inquiries, investigations and activities;
counterintelligence complaints,
inquiries and investigations; potential
threats to Department resources and
information assets; incoming referrals;
referrals to internal and external
partners; indicator data sets from
Department bureaus and operating
units; analytical thresholds, triggers,
and analysis of records; statistical
reports; information collected through
information technology records,
information assurance, enterprise audit,
or continuous evaluation; Department
component information and reporting
about potential insider threats regarding
personnel user names and aliases, levels
of network access, audit data, logs and
information regarding Department
electronic devices; all other documents,
reports, and correspondence received,
generated or maintained in the course of
managing insider threat activities and
conducting investigations; and other
unclassified and classified insider threat
requirements per Executive Order
13587.
Other classified and unclassified files
which may not be related to
investigative functions and may include
legal guidance; U.S. and foreign
information and intelligence
assessments and reporting; particularly
sensitive or protected information,
including information held by special
access programs, intelligence, law
enforcement, inspector general, or other
sources or programs; vulnerability, risk,
and threat information and assessments;
Department acquisition and supply
chain risk management information;
ITMD budgetary and program
management files and metrics; training
materials; final versions and drafts of
regulations, policies, and laws;
employee travel schedules and foreign
travel briefings; other briefing and
debriefing statements; certifications
pertaining to qualifications for
employment, including but not limited
to education, firearms, first aid, and
CPR; deputation records; Freedom of
Information Act and Privacy Act
requests, and congressional inquiries to
the Office of Security; executive
correspondence; hiring actions;
contractual agreements and information;
nondisclosure agreements; performance
evaluations and disciplinary files;
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payroll data; travel authorization and
voucher reports; and documentation
related to security controls, internal
procedures, and policies.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
15 U.S.C. 1501 et. seq.; 28 U.S.C. 533–
535; 44 U.S.C. 3101 (Records
Management); 5 U.S.C. 301
(Departmental Regulations); 5 U.S.C.
7311 (Suitability, Security, and
Conduct); 5 U.S.C. 7531–33 (Adverse
Actions, Suspension and Removal, and
Effect on Other Statutes); 18 U.S.C.
(Crimes and Criminal Procedures);
Executive Order 10450 (Security
Requirements for Government
Employment); Executive Order 13526
and its predecessor orders (Classified
National Security Information);
Executive Order 12968 (Access to
Classified Information); HSPD–12,
8/27/04 (Homeland Security
Presidential Directive); Executive Order
13356, 8/27/04 (Strengthening the
Sharing of Terrorism Information to
Protect Americans); Executive Order
13587 (Structural Reforms to Improve
the Security of Classified Networks and
the Responsible Sharing and
Safeguarding of Classified Information);
Public Law 108–458 (Intelligence
Reform and Terrorism Prevention Act of
2004); Intelligence Authorization Act for
FY 2010, Public Law 111–259; Title 50
U.S.C. 402a, Coordination of
Counterintelligence Activities;
Executive Order 12829 (National
Industrial Security Program); Committee
for National Security System Directive
505 (Supply Chain Risk Management);
Presidential Memorandum National
Insider Threat Policy and Minimum
Standards for Executive Branch Insider
Threat Programs.
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PURPOSES:
This system is used by authorized
personnel to maintain records that
reflect and support the ITMD mission,
including various law enforcement and
intelligence functions related to
identifying, assessing, and/or managing
the Department’s mission critical
security threats. Threats to the
Department’s mission include those
posed by influential criminal activity;
foreign intelligence and security
services and non-state actors; terrorism;
and extremist groups or unstable
persons. Threats also include significant
events that may require the Department
to take emergency action, such as
geopolitical crises, natural disasters, and
pandemics. This system will: manage all
matters relating to the storage,
facilitation and enabling of
documentation of activities associated
with proactive and reactive assessments,
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complaints, inquiries, and
investigations; process and house
information and intelligence; identify
risks, vulnerabilities, and threats to
Department and information assets and
activities; and track referrals of potential
interest to internal and external
partners. It will provide a basis for the
development and recommendation of
solutions to deter, detect, and/or
mitigate potential risks, vulnerabilities,
and threats identified; provide statistical
reports of ITMD actions; and meet other
reporting requirements.
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:
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, 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.
2. 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.
3. 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
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.
4. A record from this system of
records may be disclosed, as a routine
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use, in the course of presenting
evidence to a court, magistrate or
administrative tribunal, including
disclosures to opposing counsel in the
course of settlement negotiations.
5. 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.
6. 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
4, subpart b, 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 4.26.
7. 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.
8. 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).
9. 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).
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
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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
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.
13. A record in this system of records
may be disclosed to any other agency or
department of the Federal Government
pursuant to statutory intelligence
responsibilities.
14. A record in this system of records
may be disclosed to any Federal, state,
municipal, foreign or international law
enforcement or other relevant agency or
organization for law enforcement or
counterterrorism purposes: threat alerts
and analyses, protective intelligence
and counterintelligence information,
information relevant for screening
purposes, and other law enforcement
and terrorism-related information as
needed by appropriate agencies of the
Federal government, states, or
municipalities, or foreign or
international governments or agencies.
15. A record in this system of records
may be disclosed to any Federal agency
following a response to its subpoena or
to a prosecution request that such
record be released for the purpose of its
introduction to a grand jury.
16. A record from this system of
records may be disclosed, as a routine
use, to representatives of the
Department of Justice (DOJ) or of any
other agency that is responsible for
representing Department interests in
connection with judicial, administrative
or other proceedings. This includes
circumstances in which (1) the ITMD;
(2) any employee of the ITMD in his or
her official capacity; (3) any employee
of the ITMD in his or her individual
capacity, where DOJ has agreed to
represent or is considering a request to
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represent the employee; or (4) the
United States or any of its components,
is a party to pending or potential
litigation or has an interest in such
litigation; in which the Department or
the ITMD is likely to be affected by the
litigation, or in which the Department or
the ITMD determines that the use of
such records by the DOJ is relevant and
necessary to the litigation; provided,
however, that in each case, the
Department or the ITMD determines
that disclosure of records to the DOJ or
representative is a use of the
information that is compatible with the
purpose for which the records were
collected.
17. Records may also be disclosed to
representatives of DOJ and other U.S.
Government entities, to the extent
necessary, to obtain their advice on any
matter relevant to an ITMD
investigation.
18. A record in this system of records
may be disclosed, as a routine use, to
any source from which additional
information is requested, either private
or governmental, to the extent necessary
to solicit information relevant to any
investigation or inquiry.
19. A record in this system of records
may be disclosed, as a routine use, to
representatives of the Office of
Personnel Management, the Office of
Special Counsel, the Merit Systems
Protection Board, the Federal Labor
Relations Authority, the Equal
Employment Opportunity Commission,
the Office of Government Ethics, and
other Federal agencies in connection
with their efforts to carry out their
responsibilities to conduct
examinations, investigations, and/or
settlement efforts, in connection with
administrative grievances, complaints,
claims, or appeals filed by an employee,
and such other functions promulgated
in 5 U.S.C. 1205–06.
20. A record in this system of records
may be disclosed, as a routine use, to
the Departments of the Treasury and
Justice in circumstances in which ITMD
seeks to obtain, or has in fact obtained,
an ex parte court order to obtain tax
return information from the Internal
Revenue Service.
21. A record in this system of records
may be disclosed, as a routine use, to
appropriate Congressional Committees
in furtherance of their respective
oversight functions.
22. A record in this system of records
may be disclosed, as a routine use, to
student volunteers, individuals working
under a personal services contract, and
other workers who technically do not
have the status of Federal employees,
when they are performing work for the
Department of Commerce and/or its
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agencies, as authorized by law, as
needed to perform their assigned
Agency functions.
DISCLOSURE TO CONSUMER REPORTING
AGENCIES:
Not applicable.
POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING, AND
DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Records in this system are on paper
and/or in digital or other electronic
form. Paper records are stored in secure
rooms and storage cabinets or safes, and
electronic records are stored as
electronic/digital media and stored in
secure file-servers within controlled
environments. Both paper and
electronic/digital records are accessed
only by authorized personnel.
RETRIEVABILITY:
Electronic searches may be performed
by search criteria that include case
numbers, names of individuals or
organizations, Department-assigned
identifier, and other key word search
variations. Paper records are retrieved
by indices cross-referenced to file
numbers or other identifiers.
SAFEGUARDS:
Paper records are kept in locked
cabinets located in secure rooms in
guarded buildings, and used only by
authorized screened personnel. Access
to computerized files is passwordprotected and under the direct
supervision of the system manager and
is available only within the secure,
access controlled rooms by authorized
personnel.
RETENTION AND DISPOSAL:
Retention of the records varies
depending upon the specific kind of
record involved. The records are retired
or destroyed in accordance with current
published records schedules of the
Department of Commerce and as
approved by the National Archives and
Records Administration.
SYSTEM MANAGER(S) AND ADDRESS:
The ITMD and Departmental
Classified System Owners, depending
on type of record, located at the Herbert
C. Hoover Building, Washington, DC
20230.
NOTIFICATION PROCEDURE:
An individual requesting notification
of existence of records on himself or
herself should send a signed, written
inquiry to the Deputy Chief FOIA
Officer and Department Privacy Act
Officer, Room 52010, U.S. Department
of Commerce, 1401 Constitution Avenue
NW., Washington, DC 20230.
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RECORD ACCESS PROCEDURES:
An individual requesting access to
records on himself or herself should
send a signed, written inquiry to the
same address as stated in the
Notification Procedure section above.
The request letter should be clearly
marked, ‘‘PRIVACY ACT REQUEST.’’
The written inquiry must be signed and
notarized or submitted with certification
of identity under penalty of perjury.
Requesters should specify the record
contents being sought.
CONTESTING RECORD PROCEDURES:
An individual requesting corrections
or contesting information contained in
his or her records must send a signed,
written request inquiry to the same
address as stated in the Notification
Procedure section above. Requesters
should 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. The
Department’s rules for access, for
contesting contents, and for appealing
initial determination by the individual
concerned appear in 15 CFR part 4,
Appendix B.
except subsections (b), (c)(1) and (2),
(e)(4)(A) through (F), (e)(6), (7), (9), (10),
and (11), and (i). Pursuant to 5 U.S.C.
552a(k)(1), (k)(2) and (k)(5) on condition
that the 5 U.S.C. 552a(j)(2) exemption is
held to be invalid, all investigatory
material in the record which meets the
criteria stated in 5 U.S.C. 552a(k)(1),
(k)(2) and (k)(5) are 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 because of the
necessity to exempt this information
and material in order to accomplish the
law enforcement function of the agency,
to prevent disclosure of classified
information as required by Executive
Order 13526, to assure the protection of
the President, to prevent subjects of
investigation from frustrating the
investigatory process, to prevent the
disclosure of investigative techniques,
to fulfill commitments made to protect
the confidentiality of information, and
to avoid endangering these sources and
law enforcement personnel.
Michael J. Toland,
Department of Commerce, Deputy Chief FOIA
Officer, Department Privacy Act Officer.
[FR Doc. 2016–31315 Filed 12–30–16; 4:15 pm]
BILLING CODE 3510–BX–P
RECORD SOURCE CATEGORIES:
mstockstill on DSK3G9T082PROD with NOTICES
Subject individuals; other Department
of Commerce operating units; OPM, FBI
and other Federal, state and local
agencies; individuals and organizations
that have pertinent knowledge about the
subject; and those authorized by the
individual to furnish information.
These records may contain
information obtained from the
individual; persons having knowledge
of the individual; persons having
knowledge of incidents or other matters
of investigative interest to the
Department; other U.S. law enforcement
agencies and court systems; pertinent
records of other Federal, state, or local
agencies or foreign governments;
pertinent records of private firms or
organizations; the intelligence
community; and other public sources.
The records also contain information
obtained from interviews, review of
records, and other authorized
investigative techniques.
SYSTEM EXEMPTIONS FROM CERTAIN PROVISIONS
OF THE ACT:
Pursuant to 5 U.S.C. 552a(j)(2), all
information about an individual in the
record which meets the criteria stated in
5 U.S.C. 552a(j)(2) are exempted from
the notice, access and contest
requirements of the agency regulations
and from all parts of 5 U.S.C. 552a
VerDate Sep<11>2014
16:46 Jan 03, 2017
Jkt 241001
DEPARTMENT OF COMMERCE
International Trade Administration
[C–475–819]
Certain Pasta From Italy: Partial
Rescission of Countervailing Duty
Administrative Review; 2015
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) is rescinding the
administrative review of the
countervailing duty (CVD) order on
certain pasta from Italy, in part, for the
period of review (POR) January 1, 2015,
through December 31, 2015, based on
the timely withdrawal of requests for
review by seven companies; the
administrative review continues for
Liguori Pastificio dal 1820 S.p.A.
(Liguori).
AGENCY:
DATES:
Effective January 4, 2017.
FOR FURTHER INFORMATION CONTACT:
Mary Kolberg, AD/CVD Operations,
Office I, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW., Washington
DC 20230; telephone: (202) 482–1785.
SUPPLEMENTARY INFORMATION:
PO 00000
Frm 00006
Fmt 4703
Sfmt 4703
Background
On July 5, 2016, the Department
published the notice of opportunity to
request an administrative review of the
CVD order on certain pasta from Italy
for the POR January 1, 2015, through
December 31, 2015.1 On July 29, 2016,
Pastificio Zaffiri S.r.l. (Zaffiri), Pastificio
Andalini, S.p.A. (Andalini), Premiato
Pastificio Afeltra S.r.l. (Afeltra), La
Fabbrica della Pasta di Gagnano S.A.S.
di Antonio Moccia (La Fabbrica),
Pastifico Labor S.R.L. (Labor), and
GR.A.M.M. S.R.L. (GR.A.M.M.) each
requested that the Department conduct
an administrative review of their
exports of subject merchandise.2 On
August 1, 2016, Liguori and Tesa SrL
(Tesa) also requested that the
Department conduct an administrative
review of their exports of subject
merchandise.3 Pursuant to the requests
received, and in accordance with 19
CFR 351.213(b), the Department
initiated an administrative review of
GR.A.M.M., La Fabbrica, Liguori,
Andalini,, Labor, Zaffiri, Afeltra, and
Tesa.4
On November 7, 2016, Tesa timely
withdrew its request for administrative
review.5 On December 12, 2016, La
Fabbrica, GR.A.M.M., Labor, Afeltra,
Zaffiri, and Andalini timely withdrew
their requests for an administrative
review.6
1 See Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation; Opportunity
to Request Administrative Review, 81 FR 43584
(July 5, 2016).
2 See letter from Zaffiri, re: ‘‘Certain Pasta from
Italy, C–475–819; Request for Administrative
Review by Pastificio Zaffiri S.r.l.,’’ dated July 29,
2016; see also letter from Andalini, re: ‘‘Certain
Pasta from Italy, C–475–819; Request for
Administrative Review by Pastificio Andalini,
S.p.A.,’’ dated July 29, 2016; see also letter from
Afeltra, re: ‘‘Certain Pasta from Italy, C–475–819;
Request for Administrative Review by Premiato
Pastificio Afeltra S.r.l.,’’ dated July 29, 2016; see
also letter from La Fabbrica, re: ‘‘Certain Pasta from
Italy, C–475–819; Request for Administrative
Review by La Fabbrica della Pasta di Gagnano
S.A.S.,’’ dated July 29, 2016; see also letter from
Labor, re: ‘‘Certain Pasta from Italy, C–475–819;
Request for Administrative Review by Labor
S.R.L.,’’ dated July 29, 2016; see also letter from
GR.A.M.M., re: ‘‘Certain Pasta from Italy, C–475–
819; Request for Administrative Review by
GR.A.M.M. S.R.L.,’’ dated July 29, 2016.
3 See letter from Liguori, re: Certain Pasta from
Italy: Countervailing Duty Administrative Review
Request,’’ dated August 1, 2016; see also letter from
Tesa, re: ‘‘Pasta from Italy; Request for
Administrative Review,’’ dated August 1, 2016.
4 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 81 FR
62720 (September 12, 2016).
5 See letter from Tesa, ‘‘Pasta from Italy:
Withdrawal of request for administrative review,’’
dated November 7, 2016.
6 See letter from La Fabbrica della Pasta di
Gragnano S.A.S., re: ‘‘Certain Pasta from Italy,
C–475–819; Withdrawal of Request for
Administrative Review by La Fabbrica della Pasta
E:\FR\FM\04JAN1.SGM
04JAN1
Agencies
[Federal Register Volume 82, Number 2 (Wednesday, January 4, 2017)]
[Notices]
[Pages 816-820]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-31315]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
[Docket No. 161102999-6999-01]
Privacy Act of 1974, New System of Records
AGENCY: Office of the Secretary, U.S. Department of Commerce.
ACTION: Notice of a new Privacy Act system of records: COMMERCE/DEPT-
27, Investigation and Threat Management Records.
-----------------------------------------------------------------------
SUMMARY: The Department of Commerce (Department) is issuing this notice
of its intent to establish a new system of records entitled ``COMMERCE/
DEPARTMENT-27, Investigation and Threat Management Records.'' This
action is being taken to update the Privacy Act notice and Department
Notice to Amend All Privacy Act System of Records. We invite the public
to comment on the items noted in this publication. This system allows
the Department of Commerce to conduct investigations and analyses to
identify and/or assess critical threats to the Department's mission,
operations, or activities; prevent or mitigate such threats from
adversely affecting Department personnel, facilities, property, or
assets through strategic and tactical approaches; and collaborate with
other national security and law enforcement entities as appropriate.
DATES: To be considered, written comments must be submitted on or
before February 3, 2017. Unless comments are received, the new system
of records will become effective as proposed on February 13, 2017. 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: You may submit written comments by any of the following
methods:
Email: MHarman@doc.gov. Include ``Privacy Act COMMERCE/DEPT-27,
Investigation and Threat Management Records'' in the subtext of the
message.
Fax: (202) 482-4979, marked to the attention of Mr. Michael Harman.
Mail: Mr. Michael Harman, Office of Security, U.S. Department of
Commerce, 1401 Constitution Ave. NW., Room 1067, Washington, DC 20230.
FOR FURTHER INFORMATION CONTACT: Michael Harman, as noted in the
ADDRESSES section above.
SUPPLEMENTARY INFORMATION: This notice announces the Department's
proposal for a new system of records being established under the
Privacy Act of 1974 for Investigation and Threat Management Records.
This new system of records is to account for the collection,
maintenance, and use of information in connection with mission critical
threats to the Department.
In a notice of proposed rulemaking, which is published separately
in today's Federal Register, the Department is proposing to exempt
records maintained in this system from certain provisions of the
Privacy Act pursuant to 5 U.S.C. 552a(j)(2), (k)(1), (k)(2), and
(k)(5). The Department is instituting this new system of records in
accordance with the Privacy Act of 1974, as amended, Title 5 United
States Code (U.S.C.) 552(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 system will be effective as proposed, on the date in the DATES
section of this notice, unless comments are received which would
require a contrary determination. 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.
COMMERCE/DEPT-27
System Name:
Investigation and Threat Management Records.
Security Classification:
Unclassified, controlled unclassified information, for official use
only, law enforcement sensitive, and classified.
System Locations:
Departmental Office of Security, OS, Herbert C. Hoover Building,
Washington, DC 20230.
Office of Security, 551 John Carlyle Street, Alexandria, VA 22314.
Office of Security, 100 Bureau Drive, Gaithersburg, MD 20899.
Office of Security, 1315 East-West Highway, Silver Spring, MD
20910.
Office of Security, 325 Broadway St. Boulder, CO 80305.
Office of Security, 4600 Silver Hill Road, Suitland, MD 20746.
Categories of Individuals Covered by the System:
The categories of individuals covered by this system include
Department employees, former employees, and prospective employees;
political appointees; research associates and guest workers; interns
and detailees to the Department; foreign nationals and locally employed
staff working for or with Department employees, and are assigned to or
salaried by other U.S. government agencies in locations worldwide;
employees of contractors used, or which may be used, by the Department;
employees, principal Officers, and company information of contractors/
businesses retained, or which may be retained by the Department, to
include subcontractors; individuals who have access, had access, will
require access, or attempt access to any Department owned or leased
facility, communications equipment, or information technology system;
employees of other U.S. government agencies, foreign officials, or
members of the public who visit the Department or have or may have
other associations with the Department; family members, dependents,
relatives, and individuals with a personal association to Department
employees, former employees, and prospective employees; principal
Officers and employees of organizations, firms, or institutions which
were recipients or beneficiaries, or prospective recipients or
beneficiaries, of grants, loans, or loan guarantee programs of the
Department; sub-grantees, lessees, licensees or other
[[Page 817]]
persons engaged in business with the Department; and nominees, members,
and former members of public advisory committees, boards, trade
missions and export councils that may be part of the Department or
associated with Department function.
The system also includes current and former employees of the
Department and such other persons and entities whose association with
the Department relates or may relate to the alleged violations of the
Department's policies, rules of conduct, or any other criminal or civil
misconduct, which affects the integrity, facilities, information, or
assets of or within the Department. The identities of individuals and
the files associated with them may be: (1) Received by referral; or (2)
Initiated at the discretion of the Investigations and Threat Management
Division (``ITMD'') in the conduct of assigned duties, and include all
of the categories listed in the preceding paragraph, as well as the
following: Employees or contractors of other U.S. government agencies,
named and unnamed, who are working with or supporting the investigative
or intelligence functions of the ITMD; individuals identified in U.S.
visa, border, immigration and naturalization benefit data, including
arrival and departure data, that are included in results seeking
Department-related individuals; individuals identified by U.S. or
foreign information or intelligence reporting that are included in
results seeking Department-related individuals; individuals who are:
Witnesses; complainants; confidential or non-confidential informants;
suspects; defendants; and parties who have been identified by the ITMD
or by other agencies, constituent units of the Department, and members
of the general public in connection with the authorized functions of
the ITMD.
Categories of Records in the System:
Categories in this system include individual identifying records,
which may include some or all of the following: Names and aliases;
phone numbers, addresses and other contact information; date and place
of birth; Social Security number; driver license, vehicle
identification, and license plate numbers; visa, passport, and
citizenship records, data, and documents; physical characteristics,
sex, gender, and ethnicity; education, employment and military service
history; salary and duty station; human resource and personnel data;
affiliations; travel history; tax and financial records; credit
references and credit records; medical history; records related to drug
and alcohol use; biometric data; license and permit records, data, and
documents; criminal and arrest records; dates and purpose of visits to
foreign countries; names of spouses, relatives, references,
affiliations, and personal associates; activities; special access
program requests; facility and computer access logs; clearance
adjudication and investigation data; and security and suitability
materials.
Investigative files may include additional information such as
allegations and referrals received and method received; publically and
privately obtained internet data and items posted to social networking
sites; information from background investigations; incidents involving
unauthorized access to classified national security information
(``classified''); individual identifying records; facility access logs;
information processing use and activity records; classified and
unclassified intelligence reports; activities having a potential
bearing on the security of Department operations domestic and abroad,
to include those involving criminal or foreign intelligence activities;
photographic images, videos, audio recordings, CDs, DVDs, tapes; email
and text messages; letters, emails, memoranda, notes, forms, and
reports; exhibits, evidence, statements, affidavits, and
correspondence; subpoena and grand jury information; materials and
information on subjects of inquiries or investigations conducted by or
on behalf of other Federal agencies; activities other agencies believe
may have a bearing on U.S. foreign policy interests; reports of policy,
physical, information, or cyber security violations or infractions, and
recommendations for remedial actions and mitigation; activities and
records related to Department cyber infrastructure, intrusion and
network defense; litigants in civil suits and criminal prosecutions of
interest to the ITMD; other documentation pertaining to investigative
or analytical efforts by the ITMD to identify threats to the
Department's personnel, property, facilities, and information; and all
other data included in inquiries or investigations into possible
illegal activity or violation conducted by the ITMD.
This system also includes investigation case control and management
documents that serve as the basis for conducting investigations, such
as documents requesting the investigation and documents used in case
management control such as case inventories, lead sheets, other tasking
documents, and transfer forms; intelligence requirements, analysis, and
reporting; operational records; articles, open source data, and other
published information on individuals and events of interest to the
ITMD.
Records related to the Department's Insider Threat Program
regarding the unauthorized disclosure of sensitive and classified
information may include all categories mentioned above, and
unclassified and classified insider threat inquiries, investigations
and activities; counterintelligence complaints, inquiries and
investigations; potential threats to Department resources and
information assets; incoming referrals; referrals to internal and
external partners; indicator data sets from Department bureaus and
operating units; analytical thresholds, triggers, and analysis of
records; statistical reports; information collected through information
technology records, information assurance, enterprise audit, or
continuous evaluation; Department component information and reporting
about potential insider threats regarding personnel user names and
aliases, levels of network access, audit data, logs and information
regarding Department electronic devices; all other documents, reports,
and correspondence received, generated or maintained in the course of
managing insider threat activities and conducting investigations; and
other unclassified and classified insider threat requirements per
Executive Order 13587.
Other classified and unclassified files which may not be related to
investigative functions and may include legal guidance; U.S. and
foreign information and intelligence assessments and reporting;
particularly sensitive or protected information, including information
held by special access programs, intelligence, law enforcement,
inspector general, or other sources or programs; vulnerability, risk,
and threat information and assessments; Department acquisition and
supply chain risk management information; ITMD budgetary and program
management files and metrics; training materials; final versions and
drafts of regulations, policies, and laws; employee travel schedules
and foreign travel briefings; other briefing and debriefing statements;
certifications pertaining to qualifications for employment, including
but not limited to education, firearms, first aid, and CPR; deputation
records; Freedom of Information Act and Privacy Act requests, and
congressional inquiries to the Office of Security; executive
correspondence; hiring actions; contractual agreements and information;
nondisclosure agreements; performance evaluations and disciplinary
files;
[[Page 818]]
payroll data; travel authorization and voucher reports; and
documentation related to security controls, internal procedures, and
policies.
Authority for Maintenance of the System:
15 U.S.C. 1501 et. seq.; 28 U.S.C. 533-535; 44 U.S.C. 3101 (Records
Management); 5 U.S.C. 301 (Departmental Regulations); 5 U.S.C. 7311
(Suitability, Security, and Conduct); 5 U.S.C. 7531-33 (Adverse
Actions, Suspension and Removal, and Effect on Other Statutes); 18
U.S.C. (Crimes and Criminal Procedures); Executive Order 10450
(Security Requirements for Government Employment); Executive Order
13526 and its predecessor orders (Classified National Security
Information); Executive Order 12968 (Access to Classified Information);
HSPD-12, 8/27/04 (Homeland Security Presidential Directive); Executive
Order 13356, 8/27/04 (Strengthening the Sharing of Terrorism
Information to Protect Americans); Executive Order 13587 (Structural
Reforms to Improve the Security of Classified Networks and the
Responsible Sharing and Safeguarding of Classified Information); Public
Law 108-458 (Intelligence Reform and Terrorism Prevention Act of 2004);
Intelligence Authorization Act for FY 2010, Public Law 111-259; Title
50 U.S.C. 402a, Coordination of Counterintelligence Activities;
Executive Order 12829 (National Industrial Security Program); Committee
for National Security System Directive 505 (Supply Chain Risk
Management); Presidential Memorandum National Insider Threat Policy and
Minimum Standards for Executive Branch Insider Threat Programs.
Purposes:
This system is used by authorized personnel to maintain records
that reflect and support the ITMD mission, including various law
enforcement and intelligence functions related to identifying,
assessing, and/or managing the Department's mission critical security
threats. Threats to the Department's mission include those posed by
influential criminal activity; foreign intelligence and security
services and non-state actors; terrorism; and extremist groups or
unstable persons. Threats also include significant events that may
require the Department to take emergency action, such as geopolitical
crises, natural disasters, and pandemics. This system will: manage all
matters relating to the storage, facilitation and enabling of
documentation of activities associated with proactive and reactive
assessments, complaints, inquiries, and investigations; process and
house information and intelligence; identify risks, vulnerabilities,
and threats to Department and information assets and activities; and
track referrals of potential interest to internal and external
partners. It will provide a basis for the development and
recommendation of solutions to deter, detect, and/or mitigate potential
risks, vulnerabilities, and threats identified; provide statistical
reports of ITMD actions; and meet other reporting requirements.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
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, 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.
2. 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.
3. 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 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.
4. 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 in the course of settlement negotiations.
5. 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.
6. 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 4, subpart b, 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 4.26.
7. 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.
8. 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).
9. 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).
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
[[Page 819]]
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 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.
13. A record in this system of records may be disclosed to any
other agency or department of the Federal Government pursuant to
statutory intelligence responsibilities.
14. A record in this system of records may be disclosed to any
Federal, state, municipal, foreign or international law enforcement or
other relevant agency or organization for law enforcement or
counterterrorism purposes: threat alerts and analyses, protective
intelligence and counterintelligence information, information relevant
for screening purposes, and other law enforcement and terrorism-related
information as needed by appropriate agencies of the Federal
government, states, or municipalities, or foreign or international
governments or agencies.
15. A record in this system of records may be disclosed to any
Federal agency following a response to its subpoena or to a prosecution
request that such record be released for the purpose of its
introduction to a grand jury.
16. A record from this system of records may be disclosed, as a
routine use, to representatives of the Department of Justice (DOJ) or
of any other agency that is responsible for representing Department
interests in connection with judicial, administrative or other
proceedings. This includes circumstances in which (1) the ITMD; (2) any
employee of the ITMD in his or her official capacity; (3) any employee
of the ITMD in his or her individual capacity, where DOJ has agreed to
represent or is considering a request to represent the employee; or (4)
the United States or any of its components, is a party to pending or
potential litigation or has an interest in such litigation; in which
the Department or the ITMD is likely to be affected by the litigation,
or in which the Department or the ITMD determines that the use of such
records by the DOJ is relevant and necessary to the litigation;
provided, however, that in each case, the Department or the ITMD
determines that disclosure of records to the DOJ or representative is a
use of the information that is compatible with the purpose for which
the records were collected.
17. Records may also be disclosed to representatives of DOJ and
other U.S. Government entities, to the extent necessary, to obtain
their advice on any matter relevant to an ITMD investigation.
18. A record in this system of records may be disclosed, as a
routine use, to any source from which additional information is
requested, either private or governmental, to the extent necessary to
solicit information relevant to any investigation or inquiry.
19. A record in this system of records may be disclosed, as a
routine use, to representatives of the Office of Personnel Management,
the Office of Special Counsel, the Merit Systems Protection Board, the
Federal Labor Relations Authority, the Equal Employment Opportunity
Commission, the Office of Government Ethics, and other Federal agencies
in connection with their efforts to carry out their responsibilities to
conduct examinations, investigations, and/or settlement efforts, in
connection with administrative grievances, complaints, claims, or
appeals filed by an employee, and such other functions promulgated in 5
U.S.C. 1205-06.
20. A record in this system of records may be disclosed, as a
routine use, to the Departments of the Treasury and Justice in
circumstances in which ITMD seeks to obtain, or has in fact obtained,
an ex parte court order to obtain tax return information from the
Internal Revenue Service.
21. A record in this system of records may be disclosed, as a
routine use, to appropriate Congressional Committees in furtherance of
their respective oversight functions.
22. A record in this system of records may be disclosed, as a
routine use, to student volunteers, individuals working under a
personal services contract, and other workers who technically do not
have the status of Federal employees, when they are performing work for
the Department of Commerce and/or its agencies, as authorized by law,
as needed to perform their assigned Agency functions.
Disclosure to consumer reporting agencies:
Not applicable.
Policies and Practices for Storing, Retrieving, Accessing, Retaining,
and Disposing of Records in the System:
Storage:
Records in this system are on paper and/or in digital or other
electronic form. Paper records are stored in secure rooms and storage
cabinets or safes, and electronic records are stored as electronic/
digital media and stored in secure file-servers within controlled
environments. Both paper and electronic/digital records are accessed
only by authorized personnel.
Retrievability:
Electronic searches may be performed by search criteria that
include case numbers, names of individuals or organizations,
Department-assigned identifier, and other key word search variations.
Paper records are retrieved by indices cross-referenced to file numbers
or other identifiers.
Safeguards:
Paper records are kept in locked cabinets located in secure rooms
in guarded buildings, and used only by authorized screened personnel.
Access to computerized files is password-protected and under the direct
supervision of the system manager and is available only within the
secure, access controlled rooms by authorized personnel.
Retention and Disposal:
Retention of the records varies depending upon the specific kind of
record involved. The records are retired or destroyed in accordance
with current published records schedules of the Department of Commerce
and as approved by the National Archives and Records Administration.
System Manager(s) and Address:
The ITMD and Departmental Classified System Owners, depending on
type of record, located at the Herbert C. Hoover Building, Washington,
DC 20230.
Notification Procedure:
An individual requesting notification of existence of records on
himself or herself should send a signed, written inquiry to the Deputy
Chief FOIA Officer and Department Privacy Act Officer, Room 52010, U.S.
Department of Commerce, 1401 Constitution Avenue NW., Washington, DC
20230.
[[Page 820]]
Record Access Procedures:
An individual requesting access to records on himself or herself
should send a signed, written inquiry to the same address as stated in
the Notification Procedure section above. The request letter should be
clearly marked, ``PRIVACY ACT REQUEST.'' The written inquiry must be
signed and notarized or submitted with certification of identity under
penalty of perjury. Requesters should specify the record contents being
sought.
Contesting Record Procedures:
An individual requesting corrections or contesting information
contained in his or her records must send a signed, written request
inquiry to the same address as stated in the Notification Procedure
section above. Requesters should 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. The Department's rules for access, for
contesting contents, and for appealing initial determination by the
individual concerned appear in 15 CFR part 4, Appendix B.
Record Source Categories:
Subject individuals; other Department of Commerce operating units;
OPM, FBI and other Federal, state and local agencies; individuals and
organizations that have pertinent knowledge about the subject; and
those authorized by the individual to furnish information.
These records may contain information obtained from the individual;
persons having knowledge of the individual; persons having knowledge of
incidents or other matters of investigative interest to the Department;
other U.S. law enforcement agencies and court systems; pertinent
records of other Federal, state, or local agencies or foreign
governments; pertinent records of private firms or organizations; the
intelligence community; and other public sources. The records also
contain information obtained from interviews, review of records, and
other authorized investigative techniques.
System Exemptions from Certain Provisions of the Act:
Pursuant to 5 U.S.C. 552a(j)(2), all information about an
individual in the record which meets the criteria stated in 5 U.S.C.
552a(j)(2) are exempted from the notice, access and contest
requirements of the agency regulations and from all parts of 5 U.S.C.
552a except subsections (b), (c)(1) and (2), (e)(4)(A) through (F),
(e)(6), (7), (9), (10), and (11), and (i). Pursuant to 5 U.S.C.
552a(k)(1), (k)(2) and (k)(5) on condition that the 5 U.S.C. 552a(j)(2)
exemption is held to be invalid, all investigatory material in the
record which meets the criteria stated in 5 U.S.C. 552a(k)(1), (k)(2)
and (k)(5) are 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 because of the necessity to
exempt this information and material in order to accomplish the law
enforcement function of the agency, to prevent disclosure of classified
information as required by Executive Order 13526, to assure the
protection of the President, to prevent subjects of investigation from
frustrating the investigatory process, to prevent the disclosure of
investigative techniques, to fulfill commitments made to protect the
confidentiality of information, and to avoid endangering these sources
and law enforcement personnel.
Michael J. Toland,
Department of Commerce, Deputy Chief FOIA Officer, Department Privacy
Act Officer.
[FR Doc. 2016-31315 Filed 12-30-16; 4:15 pm]
BILLING CODE 3510-BX-P