Privacy Act of 1974, New System of Records, 816-820 [2016-31315]

Download as PDF 816 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 mstockstill on DSK3G9T082PROD with NOTICES SUMMARY: VerDate Sep<11>2014 16:46 Jan 03, 2017 Jkt 241001 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 PO 00000 Frm 00002 Fmt 4703 Sfmt 4703 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 E:\FR\FM\04JAN1.SGM 04JAN1 Federal Register / Vol. 82, No. 2 / Wednesday, January 4, 2017 / Notices 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. mstockstill on DSK3G9T082PROD with NOTICES 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 VerDate Sep<11>2014 16:46 Jan 03, 2017 Jkt 241001 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 PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 817 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; E:\FR\FM\04JAN1.SGM 04JAN1 818 Federal Register / Vol. 82, No. 2 / Wednesday, January 4, 2017 / Notices 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. mstockstill on DSK3G9T082PROD with NOTICES 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, VerDate Sep<11>2014 18:51 Jan 03, 2017 Jkt 241001 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 PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 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 E:\FR\FM\04JAN1.SGM 04JAN1 mstockstill on DSK3G9T082PROD with NOTICES Federal Register / Vol. 82, No. 2 / Wednesday, January 4, 2017 / Notices 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 VerDate Sep<11>2014 16:46 Jan 03, 2017 Jkt 241001 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 PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 819 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. E:\FR\FM\04JAN1.SGM 04JAN1 820 Federal Register / Vol. 82, No. 2 / Wednesday, January 4, 2017 / Notices 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]


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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.

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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