[Federal Register Volume 83, Number 29 (Monday, February 12, 2018)]
[Notices]
[Pages 5981-5984]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-02687]
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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.
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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
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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.gpo.gov/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]
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