83_FR_6010 83 FR 5981 - Privacy Act of 1974; System of Records

83 FR 5981 - Privacy Act of 1974; System of Records

DEPARTMENT OF COMMERCE

Federal Register Volume 83, Issue 29 (February 12, 2018)

Page Range5981-5984
FR Document2018-02687

In accordance with the Privacy Act of 1974, as amended, The Freedom of Information Act, as amended; and Office of Management and Budget (OMB) Circular A-108, ``Federal Agency Responsibilities for Review, Reporting, and Publication under the Privacy Act,'' the Department of Commerce (Department) is issuing a notice of intent to establish an amended system of records entitled, COMMERCE/DEPT-13, ``Investigative and Security Records.'' This action is necessary to update the types or categories of information maintained, and update dated information covered by the current COMMERCE/DEPT-13 system of records notice. We invite public comment on the system amended announced in this publication.

Federal Register, Volume 83 Issue 29 (Monday, February 12, 2018)
[Federal Register Volume 83, Number 29 (Monday, February 12, 2018)]
[Notices]
[Pages 5981-5984]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-02687]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

[Docket No.: 170502443-7443-01]


Privacy Act of 1974; System of Records

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

ACTION: Notice of proposed amendment to Privacy Act System of Records: 
COMMERCE/DEPT-13, Investigative and Security Records.

-----------------------------------------------------------------------

[[Page 5982]]

SUMMARY: In accordance with the Privacy Act of 1974, as amended, The 
Freedom of Information Act, as amended; and Office of Management and 
Budget (OMB) Circular A-108, ``Federal Agency Responsibilities for 
Review, Reporting, and Publication under the Privacy Act,'' the 
Department of Commerce (Department) is issuing a notice of intent to 
establish an amended system of records entitled, COMMERCE/DEPT-13, 
``Investigative and Security Records.'' This action is necessary to 
update the types or categories of information maintained, and update 
dated information covered by the current COMMERCE/DEPT-13 system of 
records notice. We invite public comment on the system amended 
announced in this publication.

DATES: To be considered, written comments must be submitted on or 
before March 14, 2018. The Department filed a report describing the 
modified system of records covered by this notice with the Chair of the 
Senate Committee on Homeland Security and Governmental Affairs, the 
Chair of the House Committee on Oversight and Government Reform, and 
the Deputy Administrator of the Office of Information and Regulatory 
Affairs, Office of Management and Budget (OMB), on May 31, 2017. This 
modified system of records will become effective upon publication in 
the Federal Register on February 12, 2018, unless the modified system 
of records notice needs to be changed as a result of public comment.
    Newly proposed routine uses 11, 12, 13, and 14 in the paragraph 
entitled ``ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING 
CATEGORIES OF USERS AND PURPOSES OF SUCH USES'' will become effective 
on March 29, 2018, unless the modified system of records notice needs 
to be changed as a result of public comment. If the modified system of 
records notice needs to be changed, the Department will publish a 
subsequent notice in the Federal Register by March 29, 2018, stating 
that the current system of records will remain in effect until a 
revised notice is published in the Federal Register.

ADDRESSES: You may submit written comments by any of the following 
methods:
    Email: [email protected]. Include ``COMMERCE/DEPT-13, Investigative 
and Security Records'' in the subject and subtext of the message.
    Mail: Michael J. Toland, Ph.D., Deputy Chief Freedom of Information 
Act Officer and Department Privacy Act Officer, Office of Privacy and 
Open Government, 1401 Constitution Ave. NW, Room 52010, Washington, DC 
20230.

FOR FURTHER INFORMATION CONTACT: Michael J. Toland, Ph.D., Deputy Chief 
Freedom of Information Act Officer and Department Privacy Act Officer, 
Office of Privacy and Open Government, 1401 Constitution Ave. NW, Room 
52010, Washington, DC 20230.

SUPPLEMENTARY INFORMATION: The Office of Security IT Infrastructure 
allows the Department's Office of Security (OSY) the ability to fulfill 
its responsibility for investigative and security records by providing 
OSY personnel with the tools (hardware, software, and training) and 
access to the internal and external information resource necessary to 
perform their responsibilities. The system controls access to only 
those authorized as well as aids in the monitoring, assessment and 
response to security and emergency related incidents.
SYSTEM NAME AND NUMBER:

Investigative and Security Records, COMMERCE/DEPT-13.

SECURITY CLASSIFICATION:
    Sensitive but unclassified.

SYSTEM LOCATION:
    U.S. Department of Commerce Office of Security HCHB Consolidated 
Server Room (CSR), 1401 Constitution Ave. NW, Washington, DC 20230.

SYSTEM MANAGER(S):
    Director, Office of Security, Herbert C. Hoover Building, 
Washington, DC 20230.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    Executive Orders 10450, 11478, 12065, 5 U.S.C. 301 and 7531-332; 15 
U.S.C. 1501 et seq.; 28 U.S.C. 533-535; 44 U.S.C. 3101; Equal 
Employment Act of 1972; and all existing, applicable Department 
policies, and regulations.

PURPOSE(S) OF THE SYSTEM:
    The purpose of this system is to collect and maintain records of 
processing of personnel security-related clearance actions, to record 
suitability determinations, to record whether security clearances are 
issued or denied, and to verify eligibility for access to classified 
information or assignment to a sensitive position. Also, records may be 
used by the Department for adverse personnel actions such as removal 
from sensitive duties, removal from employment, denial to a restricted 
or sensitive area, and/or revocation of security clearance. The system 
also assists in capturing background investigations and adjudications; 
directing the clearance process for granting, suspending, revoking and 
denying access to classified information; directing the clearance 
process for granting, suspending, revoking and denying other federal, 
state, local, or foreign law enforcement officers the authority to 
enforce federal laws on behalf of the Department; managing state, local 
and private-sector clearance programs and contractor suitability 
programs; determining eligibility for unescorted access to Department 
owned, occupied or secured facilities or information technology 
systems; and/or other activities relating to personnel security 
management responsibilities at the Department.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Categories of individuals covered by this system include past and 
present federal employees, applicants, contractors, affiliates who 
require: (1) Access to Department-owned or operated facilities, 
including commercial facilities operating on behalf of the Department; 
(2) access to Department information technology (IT) systems and data; 
or (3) access to national security information including classified 
information.

CATEGORIES OF RECORDS IN THE SYSTEM:
    The records in the system contain social security number; passport 
number; name; maiden name; alias; gender; race/ethnicity; date of 
birth; place of birth; home address; telephone number; email address; 
education; financial information; medical information; military 
service; physical characteristics; mother's maiden name; citizenship, 
former residency; employment; people who know you; marital status; 
relatives; foreign contacts, foreign activities; foreign business; 
foreign travel; police record; investigations and clearance 
information; use of information technology; involvement in non-criminal 
court actions and associations; job title; work address; telephone 
number; email address; work history; employment history; fingerprints; 
scars, marks, tattoos; eye color; hair color; height; and weight. This 
system does not include records of Equal Employment Opportunity (EEO) 
investigations. Such records are covered in a government-wide system 
notice by the Office of Personnel Management and are now the 
responsibility of the Equal Employment Opportunity Commission. For 
assistance contact the Department Privacy Act Officer, Office of 
Privacy and Open Government, 1401

[[Page 5983]]

Constitution Ave. NW, Room 52010, Washington, DC 20230.

RECORD SOURCE CATEGORIES:
    Subject individuals; 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.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND 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 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).
    7. 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).
    8. A record in this system of records may be disclosed, as a 
routine use, to the National Archives and Records Administration or 
other federal government agencies pursuant to records management 
inspections being conducted under the authority of 44 U.S.C. 2904 and 
2906.
    9. A record in this system of records may be disclosed, as a 
routine use, to an agency, organization, or individual for the purpose 
of performing audit or oversight operations as authorized by law, but 
only such information as is necessary and relevant to such audit or 
oversight function.
    10. 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 
other 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.
    11. A record in this system of records may be disclosed to another 
Federal agency or Federal entity, when the Department determines that 
information from this system of records is reasonably necessary to 
assist the recipient agency or entity in (1) responding to a suspected 
or confirmed breach or (2) preventing, minimizing, or remedying the 
risk of harm to individuals, the recipient agency or entity (including 
its information systems, programs, and operations), the Federal 
Government, or national security, resulting from a suspected or 
confirmed breach.
    12. A record in this system of records may be disclosed to an 
individual's prospective or current employer to the extent necessary to 
determine employment eligibility.
    13. A record in this system of records may be disclosed to third 
parties during the course of a law enforcement investigation to the 
extent necessary to obtain information pertinent to the investigation, 
provided disclosure is appropriate to the proper performance of the 
official duties of the officer making the disclosure.
    14. A record in this system of records may be disclosed to a public 
or professional licensing organization when such information indicates, 
either by itself or in combination with other information, a violation 
or potential violation of professional standards, or reflects on the 
moral, educational, or professional qualifications of an individual who 
is licensed or who is seeking to become licensed.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    Records in this system are stored electronically or on paper in 
secure facilities in a locked drawer behind a locked door. The records 
are stored on servers, magnetic disc, tape, digital media, and CD-ROM.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    Records may generally be retrieved by individual's name, date of 
birth, social security number, if applicable, or other unique 
individual identifier.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    When cases are closed, records are disposed of in accordance with 
General Records Schedule 3--Procurement, Supply, and Grant Records; 
General Records Schedule 9--Travel and Transportation Records; and 
General Records Schedule 18--Security and Protective Services Records.

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    Records in this system are safeguarded in accordance with 
applicable rules and policies, including all applicable Department 
automated systems security and access policies. Strict controls have 
been imposed to minimize risk of compromising the

[[Page 5984]]

information that is being stored. Access to the computer system 
containing the records in this system is limited to those individuals 
who have a need to know the information for the performance of their 
official duties, who have appropriate clearances or permissions, and 
who have taken Privacy Act training.

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 below. 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.

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.
    For more information, visit: http://www.osec.doc.gov/opog/PrivacyAct/PrivacyAct_requests.html.

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    Pursuant to 5 U.S.C. 552a(k)(1), (k)(2) and (k)(5), all information 
and material in the record which meets the criteria of these 
subsections 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 12065, 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.

HISTORY:
    https://www.thefederalregister.org/fdsys/pkg/PAI-2013-COMMERCE/xml/PAI-2013-COMMERCE.xml#dept13.

    Dated: February 6, 2018.
Michael J. Toland,
 Department Privacy Act Officer, Department of Commerce, Deputy Chief 
FOIA Officer.
[FR Doc. 2018-02687 Filed 2-9-18; 8:45 am]
 BILLING CODE 3510-BX-P



                                                                            Federal Register / Vol. 83, No. 29 / Monday, February 12, 2018 / Notices                                                  5981

                                               provision would alert subjects of an                    investigation, information may be                     on questions of suitability for Federal
                                               investigation to the existence of the                   supplied to the investigator which                    employment and related issues.
                                               investigation, and that such persons are                relates to matters incidental to the main               (4) 5 U.S.C. 552a(e)(1) requires each
                                               subjects of that investigation,                         purpose of the investigation but which                agency to maintain in its records only
                                               information which if known might                        may relate to matters under the                       such information about an individual
                                               cause damage to national security.                      investigative jurisdiction of another                 that is relevant and necessary to
                                                 (2) 5 U.S.C. 552a(d), (e)(4) (G) and (H),             agency. Such information cannot readily               accomplish a purpose of the agency
                                               and (f) relate to an individual’s right to              be segregated.                                        required by statute or Executive Order.
                                               be notified of the existence of records                    Reasons for exemptions under 5                     An exemption from the foregoing is
                                               pertaining to such individual;                          U.S.C. 552a(k)(5):                                    needed:
                                               requirements for identifying an                            (1) 5 U.S.C. 552a(c)(3) requires that an             a. Because it is not possible to detect
                                               individual who requests access to                       agency make accountings of disclosures                relevance or necessity of specific
                                               records; and the agency procedures                      of records available to individuals                   information in the early stages of an
                                               relating to access to records, and the                  named in the records at their request.                investigation.
                                               contest of information contained in such                These accountings must state the date,                  b. Relevance and necessity are
                                               records. This system is exempt from the                 nature and purpose of each disclosure of              questions of judgment and timing. What
                                               foregoing provisions for the following                  the record and the name and address of                appears relevant and necessary when
                                               reasons: To notify an individual at the                 the recipient. The application of this                collected may ultimately be determined
                                               individual’s request of the existence of                provision would alert subjects of an                  to be unnecessary. It is only after that
                                               records in an investigative file                        investigation to the existence of the                 information is evaluated that the
                                               pertaining to such individual or to grant               investigation and that such persons are               relevance and necessity of such
                                               access to an investigative file could                   subjects of that investigation. Since                 information can be established.
                                               interfere with investigations undertaken                release of such information to subjects                 c. In any investigation NMFS/OLE
                                               in connection with national security; or                of an investigation would provide the                 may obtain information concerning the
                                               could disclose the identity of sources                  subject with significant information                  violations of laws other than those
                                               kept secret to protect national security                concerning the nature of the                          within the scope of his jurisdiction. In
                                               or reveal confidential information                      investigation, it could result in the                 the interest of effective law
                                               supplied by these sources.                              altering or destruction of documentary                enforcement, NMFS/OLE should retain
                                                 (3) 5 U.S.C. 552a(e)(3)(4)(I) requires                evidence, improper influencing of                     this information as it may aid in
                                               the publication of the categories of                    witnesses, and other activities that                  establishing patterns of criminal
                                               sources of records in each system of                    could impede or compromise the                        activity, and provide leads for those law
                                               records. The application of this                        investigation.                                        enforcement agencies charged with
                                               provision could disclose the identity of                   (2) 5 U.S.C. 552a(d), (e)(4)(G) and (H),           enforcing other segments of criminal or
                                               sources kept secret to protect national                 and (f) relate to an individual’s right to            civil law.
                                               security.                                               be notified of the existence of records                 d. In interviewing persons, or
                                                 (4) 5 U.S.C. 552a(e)(1) requires each                 pertaining to such individual;                        obtaining other forms of evidence
                                               agency to maintain in its records only                  requirements for identifying an                       during an investigation, information
                                               such information about an individual                    individual who requests access to                     may be supplied to the investigator, by
                                               that is relevant and necessary to                       records; and the agency procedures                    means of UAS data, which relate to
                                               accomplish a purpose of the agency                      relating to access to records and the                 matters incidental to the main purpose
                                               required by statute or Executive Order.                 contest of information contained in such              of the investigation but which may
                                               An exemption from the foregoing is                      records. This system is exempt from the               relate to matters under investigative
                                               needed:                                                 foregoing provisions for the following                jurisdiction of another agency. Such
                                                 a. Because it is not possible to detect               reasons: To notify an individual at the               information cannot readily be
                                               relevance or necessity of specific                      individual’s request of the existence of              segregated.
                                               information in the early stages of an                   records in an investigative file
                                               investigation involving national security               pertaining to such individual or to grant             HISTORY:
                                               matters.                                                access to an investigative file could                    This is a new system of records.
                                                 b. Relevance and necessity are                        interfere with investigative and                         Dated: February 6, 2018.
                                               questions of judgment and timing. What                  enforcement proceedings; co-defendants                Michael J. Toland,
                                               appears relevant and necessary when                     of a right to a fair trial; constitute an
                                                                                                                                                             Department Privacy Act Officer, Department
                                               collected may ultimately be determined                  unwarranted invasion of personal                      of Commerce, Deputy Chief FOIA Officer.
                                               to be unnecessary. It is only after the                 privacy of others; disclose the identity
                                                                                                                                                             [FR Doc. 2018–02688 Filed 2–9–18; 8:45 am]
                                               information is evaluated that the                       of confidential sources and reveal
                                                                                                                                                             BILLING CODE 3510–DT–P
                                               relevance and necessity of such                         confidential information supplied by
                                               information can be established.                         these sources; and disclose investigative
                                                 c. In any investigation the NMFS/OLE                  techniques and procedures.
                                                                                                          (3) 5 U.S.C. 552a(e)(4)(I) requires the            DEPARTMENT OF COMMERCE
                                               may obtain information concerning the
                                               violators of laws other than those within               publication of the categories of sources              [Docket No.: 170502443–7443–01]
                                               the scope of his jurisdiction. In the                   of records in each system of records.
                                               interests of effective law enforcement,                 The application of this provision could               Privacy Act of 1974; System of
                                               NMFS/OLE should retain this                             disclose investigative techniques and                 Records
daltland on DSKBBV9HB2PROD with NOTICES




                                               information as it may aid in establishing               procedures and cause sources to refrain               AGENCY:  U.S. Department of Commerce,
                                               patterns of criminal activity, and                      from giving such information because of               Office of the Secretary.
                                               provide leads for those law enforcement                 fear of reprisal, or fear of breach of
                                                                                                                                                             ACTION: Notice of proposed amendment
                                               agencies charged with enforcing other                   promises of anonymity and
                                                                                                                                                             to Privacy Act System of Records:
                                               segments of criminal or civil law.                      confidentiality. This would compromise
                                                                                                                                                             COMMERCE/DEPT–13, Investigative
                                                 d. In interviewing persons, or                        the ability to conduct investigations,
                                                                                                                                                             and Security Records.
                                               obtaining forms of evidence during an                   and to make fair and objective decisions


                                          VerDate Sep<11>2014   19:23 Feb 09, 2018   Jkt 244001   PO 00000   Frm 00007   Fmt 4703   Sfmt 4703   E:\FR\FM\12FEN1.SGM   12FEN1


                                               5982                         Federal Register / Vol. 83, No. 29 / Monday, February 12, 2018 / Notices

                                               SUMMARY:   In accordance with the                       Government, 1401 Constitution Ave.                    directing the clearance process for
                                               Privacy Act of 1974, as amended, The                    NW, Room 52010, Washington, DC                        granting, suspending, revoking and
                                               Freedom of Information Act, as                          20230.                                                denying access to classified information;
                                               amended; and Office of Management                       FOR FURTHER INFORMATION CONTACT:                      directing the clearance process for
                                               and Budget (OMB) Circular A–108,                        Michael J. Toland, Ph.D., Deputy Chief                granting, suspending, revoking and
                                               ‘‘Federal Agency Responsibilities for                   Freedom of Information Act Officer and                denying other federal, state, local, or
                                               Review, Reporting, and Publication                      Department Privacy Act Officer, Office                foreign law enforcement officers the
                                               under the Privacy Act,’’ the Department                 of Privacy and Open Government, 1401                  authority to enforce federal laws on
                                               of Commerce (Department) is issuing a                   Constitution Ave. NW, Room 52010,                     behalf of the Department; managing
                                               notice of intent to establish an amended                Washington, DC 20230.                                 state, local and private-sector clearance
                                               system of records entitled, COMMERCE/                   SUPPLEMENTARY INFORMATION: The Office
                                                                                                                                                             programs and contractor suitability
                                               DEPT–13, ‘‘Investigative and Security                   of Security IT Infrastructure allows the              programs; determining eligibility for
                                               Records.’’ This action is necessary to                  Department’s Office of Security (OSY)                 unescorted access to Department
                                               update the types or categories of                       the ability to fulfill its responsibility for         owned, occupied or secured facilities or
                                               information maintained, and update                      investigative and security records by                 information technology systems; and/or
                                               dated information covered by the                        providing OSY personnel with the tools                other activities relating to personnel
                                               current COMMERCE/DEPT–13 system                         (hardware, software, and training) and                security management responsibilities at
                                               of records notice. We invite public                     access to the internal and external                   the Department.
                                               comment on the system amended                           information resource necessary to
                                               announced in this publication.                                                                                CATEGORIES OF INDIVIDUALS COVERED BY THE
                                                                                                       perform their responsibilities. The                   SYSTEM:
                                               DATES: To be considered, written                        system controls access to only those
                                               comments must be submitted on or                        authorized as well as aids in the                       Categories of individuals covered by
                                               before March 14, 2018. The Department                   monitoring, assessment and response to                this system include past and present
                                               filed a report describing the modified                  security and emergency related                        federal employees, applicants,
                                               system of records covered by this notice                incidents.                                            contractors, affiliates who require: (1)
                                               with the Chair of the Senate Committee                                                                        Access to Department-owned or
                                               on Homeland Security and                                SYSTEM NAME AND NUMBER:                               operated facilities, including
                                               Governmental Affairs, the Chair of the                  Investigative and Security Records,                   commercial facilities operating on
                                               House Committee on Oversight and                        COMMERCE/DEPT–13.                                     behalf of the Department; (2) access to
                                               Government Reform, and the Deputy                       SECURITY CLASSIFICATION:
                                                                                                                                                             Department information technology (IT)
                                               Administrator of the Office of                                                                                systems and data; or (3) access to
                                                                                                         Sensitive but unclassified.
                                               Information and Regulatory Affairs,                                                                           national security information including
                                               Office of Management and Budget                         SYSTEM LOCATION:                                      classified information.
                                               (OMB), on May 31, 2017. This modified                     U.S. Department of Commerce Office
                                               system of records will become effective                                                                       CATEGORIES OF RECORDS IN THE SYSTEM:
                                                                                                       of Security HCHB Consolidated Server
                                               upon publication in the Federal                         Room (CSR), 1401 Constitution Ave.                       The records in the system contain
                                               Register on February 12, 2018, unless                   NW, Washington, DC 20230.                             social security number; passport
                                               the modified system of records notice                                                                         number; name; maiden name; alias;
                                                                                                       SYSTEM MANAGER(S):
                                               needs to be changed as a result of public                                                                     gender; race/ethnicity; date of birth;
                                               comment.                                                  Director, Office of Security, Herbert C.            place of birth; home address; telephone
                                                  Newly proposed routine uses 11, 12,                  Hoover Building, Washington, DC                       number; email address; education;
                                               13, and 14 in the paragraph entitled                    20230.                                                financial information; medical
                                               ‘‘ROUTINE USES OF RECORDS                               AUTHORITY FOR MAINTENANCE OF THE SYSTEM:              information; military service; physical
                                               MAINTAINED IN THE SYSTEM,                                 Executive Orders 10450, 11478,                      characteristics; mother’s maiden name;
                                               INCLUDING CATEGORIES OF USERS                           12065, 5 U.S.C. 301 and 7531–332; 15                  citizenship, former residency;
                                               AND PURPOSES OF SUCH USES’’ will                        U.S.C. 1501 et seq.; 28 U.S.C. 533–535;               employment; people who know you;
                                               become effective on March 29, 2018,                     44 U.S.C. 3101; Equal Employment Act                  marital status; relatives; foreign
                                               unless the modified system of records                   of 1972; and all existing, applicable                 contacts, foreign activities; foreign
                                               notice needs to be changed as a result                  Department policies, and regulations.                 business; foreign travel; police record;
                                               of public comment. If the modified                                                                            investigations and clearance
                                               system of records notice needs to be                    PURPOSE(S) OF THE SYSTEM:                             information; use of information
                                               changed, the Department will publish a                     The purpose of this system is to                   technology; involvement in non-
                                               subsequent notice in the Federal                        collect and maintain records of                       criminal court actions and associations;
                                               Register by March 29, 2018, stating that                processing of personnel security-related              job title; work address; telephone
                                               the current system of records will                      clearance actions, to record suitability              number; email address; work history;
                                               remain in effect until a revised notice is              determinations, to record whether                     employment history; fingerprints; scars,
                                               published in the Federal Register.                      security clearances are issued or denied,             marks, tattoos; eye color; hair color;
                                               ADDRESSES: You may submit written                       and to verify eligibility for access to               height; and weight. This system does
                                               comments by any of the following                        classified information or assignment to               not include records of Equal
                                               methods:                                                a sensitive position. Also, records may               Employment Opportunity (EEO)
                                                  Email: mtoland@doc.gov. Include                      be used by the Department for adverse                 investigations. Such records are covered
daltland on DSKBBV9HB2PROD with NOTICES




                                               ‘‘COMMERCE/DEPT–13, Investigative                       personnel actions such as removal from                in a government-wide system notice by
                                               and Security Records’’ in the subject                   sensitive duties, removal from                        the Office of Personnel Management and
                                               and subtext of the message.                             employment, denial to a restricted or                 are now the responsibility of the Equal
                                                  Mail: Michael J. Toland, Ph.D.,                      sensitive area, and/or revocation of                  Employment Opportunity Commission.
                                               Deputy Chief Freedom of Information                     security clearance. The system also                   For assistance contact the Department
                                               Act Officer and Department Privacy Act                  assists in capturing background                       Privacy Act Officer, Office of Privacy
                                               Officer, Office of Privacy and Open                     investigations and adjudications;                     and Open Government, 1401


                                          VerDate Sep<11>2014   19:23 Feb 09, 2018   Jkt 244001   PO 00000   Frm 00008   Fmt 4703   Sfmt 4703   E:\FR\FM\12FEN1.SGM   12FEN1


                                                                            Federal Register / Vol. 83, No. 29 / Monday, February 12, 2018 / Notices                                              5983

                                               Constitution Ave. NW, Room 52010,                       disclosures to opposing counsel in the                breach or (2) preventing, minimizing, or
                                               Washington, DC 20230.                                   course of settlement negotiations.                    remedying the risk of harm to
                                                                                                          5. A record in this system of records              individuals, the recipient agency or
                                               RECORD SOURCE CATEGORIES:                               may be disclosed, as a routine use, to a              entity (including its information
                                                 Subject individuals; OPM, FBI and                     Member of Congress submitting a                       systems, programs, and operations), the
                                               other Federal, state and local agencies;                request involving an individual when                  Federal Government, or national
                                               individuals and organizations that have                 the individual has requested assistance               security, resulting from a suspected or
                                               pertinent knowledge about the subject;                  from the Member with respect to the                   confirmed breach.
                                               and, those authorized by the individual                 subject matter of the record.                           12. A record in this system of records
                                               to furnish information.                                    6. A record in this system of records              may be disclosed to an individual’s
                                                                                                       may be disclosed, as a routine use, to                prospective or current employer to the
                                               ROUTINE USES OF RECORDS MAINTAINED IN THE               the Department of Justice in connection               extent necessary to determine
                                               SYSTEM, INCLUDING CATEGORIES OF USERS AND               with determining whether disclosure                   employment eligibility.
                                               PURPOSES OF SUCH USES:                                  thereof is required by the Freedom of                   13. A record in this system of records
                                                  1. In the event that a system of records             Information Act (5 U.S.C. 552).                       may be disclosed to third parties during
                                               maintained by the Department to carry                      7. A record in this system of records              the course of a law enforcement
                                               out its functions indicates a violation or              may be disclosed, as a routine use, to a              investigation to the extent necessary to
                                               potential violation of law or contract,                 contractor of the Department having                   obtain information pertinent to the
                                               whether civil, criminal or regulatory in                need for the information in the                       investigation, provided disclosure is
                                               nature, and whether arising by general                  performance of the contract, but not                  appropriate to the proper performance
                                               statute or particular program statute or                operating a system of records within the              of the official duties of the officer
                                               contract, or rule, regulation, or order                 meaning of 5 U.S.C. 552a(m).                          making the disclosure.
                                               issued pursuant thereto, or the necessity                  8. A record in this system of records                14. A record in this system of records
                                               to protect an interest of the Department,               may be disclosed, as a routine use, to                may be disclosed to a public or
                                               the relevant records in the system of                   the National Archives and Records                     professional licensing organization
                                               records may be referred, as a routine                   Administration or other federal                       when such information indicates, either
                                               use, to the appropriate agency, whether                 government agencies pursuant to                       by itself or in combination with other
                                               federal, state, local or foreign, charged               records management inspections being                  information, a violation or potential
                                               with the responsibility of investigating                conducted under the authority of 44                   violation of professional standards, or
                                               or prosecuting such violation or charged                U.S.C. 2904 and 2906.                                 reflects on the moral, educational, or
                                                                                                          9. A record in this system of records
                                               with enforcing or implementing the                                                                            professional qualifications of an
                                                                                                       may be disclosed, as a routine use, to an
                                               statute or contract, or rule, regulation or                                                                   individual who is licensed or who is
                                                                                                       agency, organization, or individual for
                                               order issued pursuant thereto, or                                                                             seeking to become licensed.
                                                                                                       the purpose of performing audit or
                                               protecting the interest of the
                                                                                                       oversight operations as authorized by                 POLICIES AND PRACTICES FOR STORAGE OF
                                               Department.
                                                                                                       law, but only such information as is                  RECORDS:
                                                  2. A record from this system of                      necessary and relevant to such audit or                 Records in this system are stored
                                               records may be disclosed, as a routine                  oversight function.                                   electronically or on paper in secure
                                               use, to a federal, state or local agency                   10. A record in this system of records             facilities in a locked drawer behind a
                                               maintaining civil, criminal or other                    may be disclosed to appropriate                       locked door. The records are stored on
                                               relevant enforcement information or                     agencies, entities and persons when: (1)              servers, magnetic disc, tape, digital
                                               other pertinent information, such as                    It is suspected or determined that the                media, and CD–ROM.
                                               current licenses, if necessary to obtain                security or confidentiality of
                                               information relevant to a Department                    information in the system of records has              POLICIES AND PRACTICES FOR RETRIEVAL OF
                                               decision concerning the assignment,                                                                           RECORDS:
                                                                                                       been compromised; (2) the Department
                                               hiring or retention of an individual, the               has determined that as a result of the                  Records may generally be retrieved by
                                               issuance of a security clearance, the                   suspected or confirmed compromise                     individual’s name, date of birth, social
                                               letting of a contract, or the issuance of               there is a risk of harm to economic or                security number, if applicable, or other
                                               a license, grant or other benefit.                      property interests, identity theft or                 unique individual identifier.
                                                  3. A record from this system of                      fraud, or harm to the security or                     POLICIES AND PRACTICES FOR RETENTION AND
                                               records may be disclosed, as a routine                  integrity of this system or other systems             DISPOSAL OF RECORDS:
                                               use, to a federal, state, local, or                     or programs (whether maintained by the                  When cases are closed, records are
                                               international agency, in response to its                Department or another agency or entity)               disposed of in accordance with General
                                               request, in connection with the                         that rely upon the compromised                        Records Schedule 3—Procurement,
                                               assignment, hiring or retention of an                   information; and (3) the disclosure                   Supply, and Grant Records; General
                                               individual, the issuance of a security                  made to such agencies, entities, and                  Records Schedule 9—Travel and
                                               clearance, the reporting of an                          persons is reasonably necessary to assist             Transportation Records; and General
                                               investigation of an individual, the                     in connection with the Department’s                   Records Schedule 18—Security and
                                               letting of a contract, or the issuance of               efforts to respond to the suspected or                Protective Services Records.
                                               a license, grant, or other benefit by the               confirmed compromise and to prevent,
                                               requesting agency, to the extent that the               minimize, or remedy such harm.                        ADMINISTRATIVE, TECHNICAL, AND PHYSICAL
                                               information is relevant and necessary to                   11. A record in this system of records             SAFEGUARDS:
daltland on DSKBBV9HB2PROD with NOTICES




                                               the requesting agency’s decision on the                 may be disclosed to another Federal                      Records in this system are
                                               matter.                                                 agency or Federal entity, when the                    safeguarded in accordance with
                                                  4. A record from this system of                      Department determines that information                applicable rules and policies, including
                                               records may be disclosed, as a routine                  from this system of records is                        all applicable Department automated
                                               use, in the course of presenting                        reasonably necessary to assist the                    systems security and access policies.
                                               evidence to a court, magistrate or                      recipient agency or entity in (1)                     Strict controls have been imposed to
                                               administrative tribunal, including                      responding to a suspected or confirmed                minimize risk of compromising the


                                          VerDate Sep<11>2014   19:23 Feb 09, 2018   Jkt 244001   PO 00000   Frm 00009   Fmt 4703   Sfmt 4703   E:\FR\FM\12FEN1.SGM   12FEN1


                                               5984                         Federal Register / Vol. 83, No. 29 / Monday, February 12, 2018 / Notices

                                               information that is being stored. Access                to prevent disclosure of classified                   on Homeland Security and
                                               to the computer system containing the                   information as required by Executive                  Governmental Affairs, the Chair of the
                                               records in this system is limited to those              Order 12065, to assure the protection of              House Committee on Oversight and
                                               individuals who have a need to know                     the President, to prevent subjects of                 Government Reform, and the Deputy
                                               the information for the performance of                  investigation from frustrating the                    Administrator of the Office of
                                               their official duties, who have                         investigatory process, to prevent the                 Information and Regulatory Affairs,
                                               appropriate clearances or permissions,                  disclosure of investigative techniques,               Office of Management and Budget
                                               and who have taken Privacy Act                          to fulfill commitments made to protect                (OMB), on May 31, 2017. This modified
                                               training.                                               the confidentiality of information, and               system of records will become effective
                                                                                                       to avoid endangering these sources and                upon publication in the Federal
                                               RECORD ACCESS PROCEDURES:                                                                                     Register on February 6, 2018, unless the
                                                                                                       law enforcement personnel.
                                                 An individual requesting access to                                                                          modified system of records notice needs
                                               records on himself or herself should                    HISTORY:                                              to be changed as a result of public
                                               send a signed, written inquiry to the                     https://www.gpo.gov/fdsys/pkg/PAI-                  comment.
                                               same address as stated in the                           2013-COMMERCE/xml/PAI-2013-                             Newly proposed routine uses 16 and
                                               Notification Procedure section above.                   COMMERCE.xml#dept13.                                  17 in the paragraph entitled ‘‘ROUTINE
                                               The request letter should be clearly                       Dated: February 6, 2018.                           USES OF RECORDS MAINTAINED IN
                                               marked, ‘‘PRIVACY ACT REQUEST.’’                        Michael J. Toland,                                    THE SYSTEM, INCLUDING
                                               The written inquiry must be signed and                                                                        CATEGORIES OF USERS AND
                                                                                                       Department Privacy Act Officer, Department
                                               notarized or submitted with certification               of Commerce, Deputy Chief FOIA Officer.               PURPOSES OF SUCH USES’’ will
                                               of identity under penalty of perjury.                                                                         become effective on March 29, 2018,
                                                                                                       [FR Doc. 2018–02687 Filed 2–9–18; 8:45 am]
                                               Requesters should specify the record                                                                          unless the modified system of records
                                                                                                       BILLING CODE 3510–BX–P
                                               contents being sought.                                                                                        notice needs to be changed as a result
                                                                                                                                                             of public comment. If the modified
                                               CONTESTING RECORD PROCEDURES:
                                                                                                       DEPARTMENT OF COMMERCE                                system of records notice needs to be
                                                 An individual requesting corrections                                                                        changed, the Department will publish a
                                               or contesting information contained in                  [Docket No.: 170301212–7212–01]                       subsequent notice in the Federal
                                               his or her records must send a signed,                                                                        Register by February 6, 2018, stating
                                               written request inquiry to the same                     Privacy Act of 1974; System of                        that the current system of records will
                                               address as stated in the Notification                   Records                                               remain in effect until a revised notice is
                                               Procedure section below. Requesters                                                                           published in the Federal Register.
                                                                                                       AGENCY:  U.S. Department of Commerce,
                                               should reasonably identify the records,                                                                       ADDRESSES: Please address comments
                                                                                                       National Technical Information Service.
                                               specify the information they are                                                                              to: National Technical Information
                                               contesting and state the corrective                     ACTION: Notice of a Modified System of
                                                                                                       Records.                                              Service, Freedom of Information Act
                                               action sought and the reasons for the                                                                         and Privacy Act Officer, 5301 Shawnee
                                               correction with supporting justification                SUMMARY:   In accordance with the                     Rd., Alexandria, VA 22312.
                                               showing how the record is incomplete,                   Privacy Act of 1974, as amended, Title                FOR FURTHER INFORMATION CONTACT:
                                               untimely, inaccurate, or irrelevant. The                5 of the United States Code (U.S.C.)                  National Technical Information Service,
                                               Department’s rules for access, for                      sections 552a(e)(4) and (11); and Office              Freedom of Information Act and Privacy
                                               contesting contents, and for appealing                  of Management and Budget (OMB)                        Act Officer, Mr. Wayne Strickland, 703–
                                               initial determination by the individual                 Circular A–108, ‘‘Federal Agency                      605–6543, WStrickland@ntis.gov, 5301
                                               concerned appear in 15 CFR part 4,                      Responsibilities for Review, Reporting,               Shawnee Rd., Alexandria, VA 22312.
                                               Appendix B.                                             and Publication under the Privacy Act,’’              SUPPLEMENTARY INFORMATION: This
                                               NOTIFICATION PROCEDURE:                                 the Department of Commerce                            update makes seven program-related
                                                 An individual requesting notification                 (Department) is issuing notice of intent              changes. The first of seven proposed
                                               of existence of records on himself or                   to amend the system of records under                  changes revises the name of the system
                                               herself should send a signed, written                   COMMERCE/NTIS–1, NTIS Business                        from ‘‘Individuals interested in NTIS
                                               inquiry to the Deputy Chief FOIA                        Systems, to update information                        Publications, Shipped Order Addresses,
                                               Officer and Department Privacy Act                      concerning the location of the system of              Customer Account Records, and
                                               Officer, Room 52010, U.S. Department                    records, categories of records covered by             Subscriber Files’’ to ‘‘NTIS Business
                                               of Commerce, 1401 Constitution Avenue                   the system, the authority for                         Systems.’’ The second of seven
                                               NW, Washington, DC 20230.                               maintenance of the system, the policies               proposed changes revises the location of
                                                 For more information, visit: http://                  and practices for retention, disposal,                the system. The third proposed change
                                               www.osec.doc.gov/opog/PrivacyAct/                       and safeguarding the system of records,               updates the categories of records. The
                                               PrivacyAct_requests.html.                               the storage, the system manager and                   fourth change updates the authority for
                                                                                                       address, the notification procedures;                 maintenance to reflect the addition of
                                               EXEMPTIONS PROMULGATED FOR THE SYSTEM:                  and other minor administrative updates.               new systems. The fifth change updates
                                                  Pursuant to 5 U.S.C. 552a(k)(1), (k)(2)              Accordingly, the COMMERCE/NTIS–1,                     the routine uses. The sixth change
                                               and (k)(5), all information and material                NTIS Business Systems notice is                       updates the system manager and
                                               in the record which meets the criteria of               amended as below. We invite public                    address. The seventh change updates
                                               these subsections are exempted from the                 comment on the system amendment                       the policies and practices for the
daltland on DSKBBV9HB2PROD with NOTICES




                                               notice, access, and contest requirements                announced in this publication.                        storage, retrievability, safeguards, and
                                               under 5 U.S.C. 552a(c)(3), (d), (e)(1),                 DATES: To be considered, written                      retention and disposal of the records in
                                               (e)(4)(G), (H), and (I), and (f) of the                 comments must be submitted on or                      the system. Additionally, the
                                               agency regulations because of the                       before March 14, 2018. The Department                 amendment provides other minor
                                               necessity to exempt this information                    filed a report describing the modified                administrative updates. The entire
                                               and material in order to accomplish the                 system of records covered by this notice              resulting system of records notice, as
                                               law enforcement function of the agency,                 with the Chair of the Senate Committee                amended, appears below.


                                          VerDate Sep<11>2014   19:23 Feb 09, 2018   Jkt 244001   PO 00000   Frm 00010   Fmt 4703   Sfmt 4703   E:\FR\FM\12FEN1.SGM   12FEN1



Document Created: 2018-11-01 08:43:16
Document Modified: 2018-11-01 08:43:16
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of proposed amendment to Privacy Act System of Records: COMMERCE/DEPT-13, Investigative and Security Records.
DatesTo be considered, written comments must be submitted on or before March 14, 2018. The Department filed a report describing the modified system of records covered by this notice with the Chair of the Senate Committee on Homeland Security and Governmental Affairs, the Chair of the House Committee on Oversight and Government Reform, and the Deputy Administrator of the Office of Information and Regulatory Affairs, Office of Management and Budget (OMB), on May 31, 2017. This modified system of records will become effective upon publication in the Federal Register on February 12, 2018, unless the modified system of records notice needs to be changed as a result of public comment.
ContactMichael J. Toland, Ph.D., Deputy Chief Freedom of Information Act Officer and Department Privacy Act Officer, Office of Privacy and Open Government, 1401 Constitution Ave. NW, Room 52010, Washington, DC 20230.
FR Citation83 FR 5981 

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR