82 FR 816 - Privacy Act of 1974, New System of Records

DEPARTMENT OF COMMERCE

Federal Register Volume 82, Issue 2 (January 4, 2017)

Page Range		816-820
FR Document		2016-31315
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.
Federal Register, Volume 82 Issue 2 (Wednesday, January 4, 2017)
[Federal Register Volume 82, Number 2 (Wednesday, January 4, 2017)]
[Notices]
[Pages 816-820]
From the Federal Register Online  [www.thefederalregister.org]
[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: [email protected]. 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
816 Federal Register / Vol. 82, No. 2 / Wednesday, January 4, 2017 / Notices

The meeting is open to the public. with other national security and law effect until publication of a final action
The agenda will include time for people enforcement entities as appropriate. in the Federal Register.
to make oral statements of three minutes DATES: To be considered, written
or less. Anyone who would like to bring COMMERCE/DEPT–27
comments must be submitted on or
related matters to the attention of the before February 3, 2017. Unless SYSTEM NAME:
committee may file written statements comments are received, the new system Investigation and Threat Management
with the committee staff before or after of records will become effective as Records.
the meeting. Written comments and proposed on February 13, 2017. If
requests for time to make oral comments SECURITY CLASSIFICATION:
comments are received, the Department
must be sent to Adriene Holcomb, will publish a subsequent notice in the Unclassified, controlled unclassified
District Ranger, 308 US Highway 189, Federal Register within 10 days after information, for official use only, law
Kemmerer, Wyoming, 83101; by email the comment period closes, stating that enforcement sensitive, and classified.
to aholcomb@fs.fed.us, or via facsimile the current system of records will SYSTEM LOCATIONS:
to 307–828–5135. remain in effect until publication of a
Meeting Accommodations: If you are Departmental Office of Security, OS,
final action in the Federal Register.
a person requiring reasonable Herbert C. Hoover Building,
ADDRESSES: You may submit written Washington, DC 20230.
accommodation, please make requests
comments by any of the following Office of Security, 551 John Carlyle
in advance for sign language
methods: Street, Alexandria, VA 22314.
interpreting, assistive listening devices,
or other reasonable accommodation. For Email: MHarman@doc.gov. Include Office of Security, 100 Bureau Drive,
access to the facility or proceedings, ‘‘Privacy Act COMMERCE/DEPT–27, Gaithersburg, MD 20899.
please contact the person listed in the Investigation and Threat Management Office of Security, 1315 East-West
section titled FOR FURTHER INFORMATION Records’’ in the subtext of the message. Highway, Silver Spring, MD 20910.
CONTACT. All reasonable
Fax: (202) 482–4979, marked to the Office of Security, 325 Broadway St.
accommodation requests are managed attention of Mr. Michael Harman. Boulder, CO 80305.
on a case by case basis. Mail: Mr. Michael Harman, Office of Office of Security, 4600 Silver Hill
Security, U.S. Department of Commerce, Road, Suitland, MD 20746.
Dated: December 22, 2016. 1401 Constitution Ave. NW., Room
Adriene Holcomb, CATEGORIES OF INDIVIDUALS COVERED BY THE
1067, Washington, DC 20230. SYSTEM:
District Ranger. FOR FURTHER INFORMATION CONTACT:
[FR Doc. 2016–31867 Filed 1–3–17; 8:45 am]
The categories of individuals covered
Michael Harman, as noted in the by this system include Department
BILLING CODE 3411–15–P ADDRESSES section above. employees, former employees, and
SUPPLEMENTARY INFORMATION: This prospective employees; political
notice announces the Department’s appointees; research associates and
DEPARTMENT OF COMMERCE proposal for a new system of records guest workers; interns and detailees to
being established under the Privacy Act the Department; foreign nationals and
[Docket No. 161102999–6999–01] of 1974 for Investigation and Threat locally employed staff working for or
Management Records. This new system with Department employees, and are
Privacy Act of 1974, New System of of records is to account for the assigned to or salaried by other U.S.
Records collection, maintenance, and use of government agencies in locations
AGENCY: Office of the Secretary, U.S. information in connection with mission worldwide; employees of contractors
Department of Commerce. critical threats to the Department. used, or which may be used, by the
ACTION: Notice of a new Privacy Act In a notice of proposed rulemaking, Department; employees, principal
system of records: COMMERCE/DEPT– which is published separately in today’s Officers, and company information of
27, Investigation and Threat Federal Register, the Department is contractors/businesses retained, or
Management Records. proposing to exempt records maintained which may be retained by the
in this system from certain provisions of Department, to include subcontractors;
SUMMARY: The Department of Commerce the Privacy Act pursuant to 5 U.S.C. individuals who have access, had
(Department) is issuing this notice of its 552a(j)(2), (k)(1), (k)(2), and (k)(5). The access, will require access, or attempt
intent to establish a new system of Department is instituting this new access to any Department owned or
records entitled ‘‘COMMERCE/ system of records in accordance with leased facility, communications
DEPARTMENT–27, Investigation and the Privacy Act of 1974, as amended, equipment, or information technology
Threat Management Records.’’ This Title 5 United States Code (U.S.C.) system; employees of other U.S.
action is being taken to update the 552(e)(4) and (11); and Office of government agencies, foreign officials,
Privacy Act notice and Department Management and Budget (OMB) or members of the public who visit the
Notice to Amend All Privacy Act Circular A–130, Appendix I, Federal Department or have or may have other
System of Records. We invite the public Agency Responsibilities for Maintaining associations with the Department;
to comment on the items noted in this Records About Individuals. family members, dependents, relatives,
publication. This system allows the The system will be effective as and individuals with a personal
Department of Commerce to conduct proposed, on the date in the DATES association to Department employees,
investigations and analyses to identify section of this notice, unless comments former employees, and prospective
mstockstill on DSK3G9T082PROD with NOTICES

and/or assess critical threats to the are received which would require a employees; principal Officers and
Department’s mission, operations, or contrary determination. If comments are employees of organizations, firms, or
activities; prevent or mitigate such received, the Department will publish a institutions which were recipients or
threats from adversely affecting subsequent notice in the Federal beneficiaries, or prospective recipients
Department personnel, facilities, Register within 10 days after the or beneficiaries, of grants, loans, or loan
property, or assets through strategic and comment period closes, stating that the guarantee programs of the Department;
tactical approaches; and collaborate current system of records will remain in sub-grantees, lessees, licensees or other

VerDate Sep<11>2014 16:46 Jan 03, 2017 Jkt 241001 PO 00000 Frm 00002 Fmt 4703 Sfmt 4703 E:\FR\FM\04JAN1.SGM 04JAN1
818 Federal Register / Vol. 82, No. 2 / Wednesday, January 4, 2017 / Notices

payroll data; travel authorization and complaints, inquiries, and use, in the course of presenting
voucher reports; and documentation investigations; process and house evidence to a court, magistrate or
related to security controls, internal information and intelligence; identify administrative tribunal, including
procedures, and policies. risks, vulnerabilities, and threats to disclosures to opposing counsel in the
Department and information assets and course of settlement negotiations.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
activities; and track referrals of potential 5. A record in this system of records
15 U.S.C. 1501 et. seq.; 28 U.S.C. 533– interest to internal and external
535; 44 U.S.C. 3101 (Records may be disclosed, as a routine use, to a
partners. It will provide a basis for the Member of Congress submitting a
Management); 5 U.S.C. 301 development and recommendation of
(Departmental Regulations); 5 U.S.C. request involving an individual when
solutions to deter, detect, and/or the individual has requested assistance
7311 (Suitability, Security, and mitigate potential risks, vulnerabilities,
Conduct); 5 U.S.C. 7531–33 (Adverse from the Member with respect to the
and threats identified; provide statistical subject matter of the record.
Actions, Suspension and Removal, and reports of ITMD actions; and meet other
Effect on Other Statutes); 18 U.S.C. 6. A record in this system of records
reporting requirements. which contains medical information
(Crimes and Criminal Procedures);
Executive Order 10450 (Security ROUTINE USES OF RECORDS MAINTAINED IN THE may be disclosed, as a routine use, to
Requirements for Government SYSTEM, INCLUDING CATEGORIES OF USERS AND the medical advisor of any individual
Employment); Executive Order 13526 THE PURPOSES OF SUCH USES: submitting a request for access to the
and its predecessor orders (Classified 1. In the event that a system of records record under the Act and 15 CFR part
National Security Information); maintained by the Department to carry 4, subpart b, if, in the sole judgment of
Executive Order 12968 (Access to out its functions indicates a violation or the Department, disclosure could have
Classified Information); HSPD–12, potential violation of law or contract, an adverse effect upon the individual,
8/27/04 (Homeland Security whether civil, criminal or regulatory in under the provision of 5 U.S.C.
Presidential Directive); Executive Order nature, and whether arising by general 552a(f)(3) and implementing regulations
13356, 8/27/04 (Strengthening the statute or particular program statute or at 15 CFR 4.26.
Sharing of Terrorism Information to contract, or rule, regulation, or order 7. A record in this system of records
Protect Americans); Executive Order issued pursuant thereto, or the necessity may be disclosed, as a routine use, to
13587 (Structural Reforms to Improve to protect an interest of the Department, the Office of Management and Budget in
the Security of Classified Networks and the relevant records in the system of connection with the review of private
the Responsible Sharing and records may be referred, as a routine relief legislation as set forth in OMB
Safeguarding of Classified Information); use, to the appropriate agency, whether Circular No. A–19 at any stage of the
Public Law 108–458 (Intelligence federal, state, local or foreign, charged legislative coordination and clearance
Reform and Terrorism Prevention Act of with the responsibility of investigating process as set forth in that Circular.
2004); Intelligence Authorization Act for or prosecuting such violation or charged 8. A record in this system of records
FY 2010, Public Law 111–259; Title 50 with enforcing or implementing the may be disclosed, as a routine use, to
U.S.C. 402a, Coordination of statute or contract, or rule, regulation or the Department of Justice in connection
Counterintelligence Activities; order issued pursuant thereto, or with determining whether disclosure
Executive Order 12829 (National protecting the interest of the thereof is required by the Freedom of
Industrial Security Program); Committee Department. Information Act (5 U.S.C. 552).
for National Security System Directive 2. A record from this system of
9. A record in this system of records
505 (Supply Chain Risk Management); records may be disclosed, as a routine
may be disclosed, as a routine use, to a
Presidential Memorandum National use, to a federal, state or local agency
contractor of the Department having
Insider Threat Policy and Minimum maintaining civil, criminal or other
need for the information in the
Standards for Executive Branch Insider relevant enforcement information or
performance of the contract, but not
Threat Programs. other pertinent information, such as
operating a system of records within the
current licenses, if necessary to obtain
PURPOSES: meaning of 5 U.S.C. 552a(m).
information relevant to a Department
This system is used by authorized decision concerning the assignment, 10. A record in this system may be
personnel to maintain records that hiring or retention of an individual, the transferred, as a routine use, to the
reflect and support the ITMD mission, issuance of a security clearance, the Office of Personnel Management: For
including various law enforcement and letting of a contract, or the issuance of personnel research purposes; as a data
intelligence functions related to a license, grant or other benefit. source for management information; for
identifying, assessing, and/or managing 3. A record from this system of the production of summary descriptive
the Department’s mission critical records may be disclosed, as a routine statistics and analytical studies in
security threats. Threats to the use, to a federal, state, local, or support of the function for which the
Department’s mission include those international agency, in response to its records are collected and maintained; or
posed by influential criminal activity; request, in connection with the for related manpower studies.
foreign intelligence and security assignment, hiring or retention of an 11. A record from this system of
services and non-state actors; terrorism; individual, the issuance of a security records may be disclosed, as a routine
and extremist groups or unstable clearance, the reporting of an use, to the Administrator, General
persons. Threats also include significant investigation of an individual, the Services Administration (GSA), or his
events that may require the Department letting of a contract, or the issuance of designee, during an inspection of
mstockstill on DSK3G9T082PROD with NOTICES

to take emergency action, such as a license, grant, or other benefit by the records conducted by GSA as part of
geopolitical crises, natural disasters, and requesting agency, to the extent that the that agency’s responsibility to
pandemics. This system will: manage all information is relevant and necessary to recommend improvements in records
matters relating to the storage, the requesting agency’s decision on the management practices and programs,
facilitation and enabling of matter. under authority of 44 U.S.C. 2904 and
documentation of activities associated 4. A record from this system of 2906. Such disclosure shall be made in
with proactive and reactive assessments, records may be disclosed, as a routine accordance with the GSA regulations

VerDate Sep<11>2014 18:51 Jan 03, 2017 Jkt 241001 PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 E:\FR\FM\04JAN1.SGM 04JAN1
820 Federal Register / Vol. 82, No. 2 / Wednesday, January 4, 2017 / Notices

RECORD ACCESS PROCEDURES: except subsections (b), (c)(1) and (2), Background
An individual requesting access to (e)(4)(A) through (F), (e)(6), (7), (9), (10), On July 5, 2016, the Department
records on himself or herself should and (11), and (i). Pursuant to 5 U.S.C. published the notice of opportunity to
send a signed, written inquiry to the 552a(k)(1), (k)(2) and (k)(5) on condition request an administrative review of the
same address as stated in the that the 5 U.S.C. 552a(j)(2) exemption is CVD order on certain pasta from Italy
Notification Procedure section above. held to be invalid, all investigatory for the POR January 1, 2015, through
The request letter should be clearly material in the record which meets the December 31, 2015.1 On July 29, 2016,
marked, ‘‘PRIVACY ACT REQUEST.’’ criteria stated in 5 U.S.C. 552a(k)(1), Pastificio Zaffiri S.r.l. (Zaffiri), Pastificio
The written inquiry must be signed and (k)(2) and (k)(5) are exempted from the Andalini, S.p.A. (Andalini), Premiato
notarized or submitted with certification notice, access, and contest requirements Pastificio Afeltra S.r.l. (Afeltra), La
of identity under penalty of perjury. (under 5 U.S.C. 552a(c)(3), (d), (e)(1), Fabbrica della Pasta di Gagnano S.A.S.
Requesters should specify the record (e)(4)(G), (H), and (I), and (f)) of the di Antonio Moccia (La Fabbrica),
contents being sought. agency regulations because of the Pastifico Labor S.R.L. (Labor), and
necessity to exempt this information GR.A.M.M. S.R.L. (GR.A.M.M.) each
CONTESTING RECORD PROCEDURES:
and material in order to accomplish the requested that the Department conduct
An individual requesting corrections law enforcement function of the agency,
or contesting information contained in an administrative review of their
to prevent disclosure of classified exports of subject merchandise.2 On
his or her records must send a signed, information as required by Executive
written request inquiry to the same August 1, 2016, Liguori and Tesa SrL
Order 13526, to assure the protection of (Tesa) also requested that the
address as stated in the Notification the President, to prevent subjects of
Procedure section above. Requesters Department conduct an administrative
investigation from frustrating the review of their exports of subject
should reasonably identify the records, investigatory process, to prevent the
specify the information they are merchandise.3 Pursuant to the requests
disclosure of investigative techniques, received, and in accordance with 19
contesting and state the corrective to fulfill commitments made to protect
action sought and the reasons for the CFR 351.213(b), the Department
the confidentiality of information, and initiated an administrative review of
correction with supporting justification to avoid endangering these sources and
showing how the record is incomplete, GR.A.M.M., La Fabbrica, Liguori,
law enforcement personnel. Andalini,, Labor, Zaffiri, Afeltra, and
untimely, inaccurate, or irrelevant. The
Department’s rules for access, for Michael J. Toland, Tesa.4
contesting contents, and for appealing Department of Commerce, Deputy Chief FOIA On November 7, 2016, Tesa timely
initial determination by the individual Officer, Department Privacy Act Officer. withdrew its request for administrative
concerned appear in 15 CFR part 4, [FR Doc. 2016–31315 Filed 12–30–16; 4:15 pm] review.5 On December 12, 2016, La
Appendix B. BILLING CODE 3510–BX–P
Fabbrica, GR.A.M.M., Labor, Afeltra,
Zaffiri, and Andalini timely withdrew
RECORD SOURCE CATEGORIES: their requests for an administrative
Subject individuals; other Department DEPARTMENT OF COMMERCE review.6
of Commerce operating units; OPM, FBI
and other Federal, state and local International Trade Administration 1 See Antidumping or Countervailing Duty Order,

Finding, or Suspended Investigation; Opportunity
agencies; individuals and organizations [C–475–819] to Request Administrative Review, 81 FR 43584
that have pertinent knowledge about the (July 5, 2016).
subject; and those authorized by the Certain Pasta From Italy: Partial 2 See letter from Zaffiri, re: ‘‘Certain Pasta from

individual to furnish information. Rescission of Countervailing Duty Italy, C–475–819; Request for Administrative
These records may contain Review by Pastificio Zaffiri S.r.l.,’’ dated July 29,
Administrative Review; 2015 2016; see also letter from Andalini, re: ‘‘Certain
information obtained from the Pasta from Italy, C–475–819; Request for
individual; persons having knowledge AGENCY: Enforcement and Compliance, Administrative Review by Pastificio Andalini,
of the individual; persons having International Trade Administration, S.p.A.,’’ dated July 29, 2016; see also letter from
knowledge of incidents or other matters Department of Commerce. Afeltra, re: ‘‘Certain Pasta from Italy, C–475–819;
Request for Administrative Review by Premiato
of investigative interest to the SUMMARY: The Department of Commerce
Pastificio Afeltra S.r.l.,’’ dated July 29, 2016; see
Department; other U.S. law enforcement (the Department) is rescinding the also letter from La Fabbrica, re: ‘‘Certain Pasta from
agencies and court systems; pertinent administrative review of the Italy, C–475–819; Request for Administrative
records of other Federal, state, or local countervailing duty (CVD) order on Review by La Fabbrica della Pasta di Gagnano
S.A.S.,’’ dated July 29, 2016; see also letter from
agencies or foreign governments; certain pasta from Italy, in part, for the Labor, re: ‘‘Certain Pasta from Italy, C–475–819;
pertinent records of private firms or period of review (POR) January 1, 2015, Request for Administrative Review by Labor
organizations; the intelligence through December 31, 2015, based on S.R.L.,’’ dated July 29, 2016; see also letter from
community; and other public sources. the timely withdrawal of requests for GR.A.M.M., re: ‘‘Certain Pasta from Italy, C–475–
819; Request for Administrative Review by
The records also contain information review by seven companies; the GR.A.M.M. S.R.L.,’’ dated July 29, 2016.
obtained from interviews, review of administrative review continues for 3 See letter from Liguori, re: Certain Pasta from

records, and other authorized Liguori Pastificio dal 1820 S.p.A. Italy: Countervailing Duty Administrative Review
investigative techniques. (Liguori). Request,’’ dated August 1, 2016; see also letter from
Tesa, re: ‘‘Pasta from Italy; Request for
SYSTEM EXEMPTIONS FROM CERTAIN PROVISIONS DATES: Effective January 4, 2017. Administrative Review,’’ dated August 1, 2016.
4 See Initiation of Antidumping and
OF THE ACT: FOR FURTHER INFORMATION CONTACT:
mstockstill on DSK3G9T082PROD with NOTICES

Countervailing Duty Administrative Reviews, 81 FR
Pursuant to 5 U.S.C. 552a(j)(2), all Mary Kolberg, AD/CVD Operations, 62720 (September 12, 2016).
information about an individual in the Office I, Enforcement and Compliance, 5 See letter from Tesa, ‘‘Pasta from Italy:

record which meets the criteria stated in International Trade Administration, Withdrawal of request for administrative review,’’
5 U.S.C. 552a(j)(2) are exempted from U.S. Department of Commerce, 1401 dated November 7, 2016.
6 See letter from La Fabbrica della Pasta di
the notice, access and contest Constitution Avenue NW., Washington
Gragnano S.A.S., re: ‘‘Certain Pasta from Italy,
requirements of the agency regulations DC 20230; telephone: (202) 482–1785. C–475–819; Withdrawal of Request for
and from all parts of 5 U.S.C. 552a SUPPLEMENTARY INFORMATION: Administrative Review by La Fabbrica della Pasta

VerDate Sep<11>2014 16:46 Jan 03, 2017 Jkt 241001 PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 E:\FR\FM\04JAN1.SGM 04JAN1
Document Created: 2017-01-04 00:29:14
Document Modified: 2017-01-04 00:29:14
Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice of a new Privacy Act system of records: COMMERCE/DEPT- 27, Investigation and Threat Management Records.
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.
Contact		Michael Harman, as noted in the
FR Citation		82 FR 816