Home > 1997 Privacy Act Documents > Privacy Act: [ COMMERCE/DEPT-11] Candidates for Membership, Members, and Former Members of Department of Commerce Advisory Committees....Privacy Act: [ COMMERCE/DEPT-11] Candidates for Membership, Members, and Former Members of Department of Commerce Advisory Committees....
those who express views or seek information or assistance. Freedom of
Information Act or Privacy Act requests are not indexed in this
system (See Freedom of Information and Privacy Request Records--
COMMERCE/DEPT-5).
Categories of records in the system:
The system may include the name and address or correspondent,
summary of subject matter, original correspondence, official
response, referral letters, memoranda or notes concerning the subject
of the correspondence, or copies of any enclosures. The records in
the system are arranged numerically by control number assigned to
each item of correspondence.
Authority for maintenance of the system:
5 U.S.C. 301 and 44 U.S.C. 3101.
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses:
Used by personnel in the Office of the Secretary, Executive
Secretariat, and administrative offices of each operating unit of the
Department to assure that each request receives an appropriate and
timely reply and to prepare statistical reports for management on
correspondence volume or topics of public interest. Information from
or copies of the records may be provided to the original addresses of
the original correspondence. General routine uses of the Prefatory
Statement also apply.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage:
Maintained in paper form and on diskettes and magnetic tape.
Retrievability:
By agency responsibility, by control number, by correspondent's
name, by subject, by addressee, by category of writer (e.g., Member
of Congress, White House staff, Cabinet member, mayor, citizen) by
category of correspondence, by Executive Secretariat analysts'
identification code, by type of priority for response time, by date,
or possibly by city and state of correspondent's address.
Safeguards:
Paper records, disk, and magnetic tape as stored in file cabinets
on secured premises with access limited to personnel whose official
duties require access.
Retention and disposal:
Records are disposed of in accord with the appropriate records
disposition schedule approved by the Archivist of the United States.
System manager(s) and address:
For records at location a.: Director, Executive Secretariat,
Office of the Secretary, U.S. Department of Commerce, Washington, DC
20230. for records at location b.: Chief, Executive Secretariat, EDA,
Room 7227, 14th and Constitution Avenue NW., Washington, DC.
For records at location c.: Chief, MBDA Secretariat, Room 5083,
14th and Constitution Avenue NW., Washington, DC 20230. For records
at location d.: Director, Executive Secretariat, Office of the
Administrator, National Oceanic and Atmospheric Administration,
Washington, DC 20230. For records at location e.: Commissioner of
Patents and Trademarks, U.S. Patent and Trademark Office, 2021
Jefferson Davis Highway, Arlington, Virginia 22202.
Notification procedure:
For records at location a., information may be obtained from the
Director, Office of Management and Organization, U.S. Department of
Commerce, Washington, DC 20230. For records at location b.,
information may be obtained from the Director, Office of Public
Affairs, EDA, U.S. Department of Commerce, Washington, DC 20230.
For records at location c., information may be obtained from the
Privacy Officer, Office of Chief Counsel, MBDA, U.S. Department of
Commerce, Washington, DC 20230.
For records at location d., information may be obtained from the
Assistant Administrator for Management and Budget, NOAA, 6010
Executive Boulevard, Rockville, Maryland 20852. For records at
location e., information may be obtained from the Solicitor, U.S.
Patent and Trademark Office, Washington, DC 20231.
All requests for information should provide the correspondent's
name as included in original correspondence, or provide any items
listed under the retrievability section above pursuant to the inquiry
provisions of the Department's rules that appear in 15 CFR part 4b.
Record access procedures:
Request for access and disclosures should be addressed to the
same address as stated in the Notification section above.
Contesting record procedures:
The Department's rules for access, for contesting contents, and
for appealing initial determination by the individual concerned
appear in 15 CFR part 4b. Requests for correction should be addressed
to manager as shown above.
Record source categories:
The correspondent, referral source, Department employees involved
in processing the correspondence, and other individuals, as required
to prepare an appropriate response.
#.. COMMERCE/DEPT-11
#....System name: Candidates for Membership, Members, and Former
Members of Department of Commerce Advisory Committees.
System location: Office of the Secretary, Room 5716, U.S.
Department of Commerce, Washington, DC 20230.
Categories of individuals covered by the system: Individuals
recommended for membership on advisory committees, current members
and former members of advisory committees.
Categories of records in the system: Resume information: Name, home
address, business address, educational and employment histories,
awards and honors received, age, date of birth, and other
biographical information; records of appointment, expiration of the
appointment, and correspondence including letters of recommendation.
Authority for maintenance of the system: 5 U.S.C. 301, Pub.L. 92-
463.
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses: See general
routine uses 1, 2, 3, 5, and 9 of the Prefatory statement.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage: Paper hard copy, diskettes for use on word processing
equipment.
Retrievability: Data is filed by committee. An alphabetical card
file index of candidates, members, and former members' names is used
to retrieve data. This index is also on diskette to retrieve
information on word processing equipment.
Safeguards: Records are located in a locked office. Paper records
and diskettes are in locked file cabinets. Access to data on the word
processor is by password.
Retention and disposal: Records will be maintained indefinitely.
System manager(s) and address: Confidential Assistant, Office of
the Secretary, Room 5716, U.S. Department of Commerce, Washington, DC
20230.
Notification procedure: Information may be obtained from: Director,
Office of Organization and Management Systems, O/S, U.S. Department
of Commerce, Washington, DC 20230. Requestor should provide name and
address, pursuant to the Department's rules which appear in 15 CFR
part 4b.
Record access procedures: Requests from individuals should be
addressed to: The address listed in the notification section above.
Contesting record procedures: The Department's rules for access,
for contesting contents, and appealing initial determinations by the
individual appear in 15 CFR part 4b. Use the address given in the
notification section above.
Record source categories:
Individual candidate or member, persons recommending candidates
and those authorized by the individual to provide information.
#.. COMMERCE/DEPT-12
#....System name: Investigative and Inspection Records--COMMERCE/
DEPT-12.
System location:
Office of Inspector General, U.S. Department of Commerce, 14th
and Constitution Avenue, NW, Washington, DC 20230.
Categories of individuals covered by the system:
a. Current and former employees of the Department of Commerce and
such other persons whose association with the Department relates to
the alleged violations of the Department's rules of conduct, the
Civil Service merit system, or any other criminal or civil
misconduct, which affects the integrity or facilities of the
Department of Commerce. The names of individuals and the files in
their names may be: (1) Received by referral; or (2) initiated at the
discretion of the Inspector General in the conduct of assigned
duties.
b. Individuals who are: Witnesses; complainants; confidential or
nonconfidential informants; suspects; defendants, parties who have
been identified by the Office of the Inspector General or by other
agencies, constituent units of the Department of Commerce and members
of the general public in connection with the authorized functions of
the Inspector General.
c. Current and former Commerce officials who are the subject of
investigations initiated and conducted by the Office of the Inspector
General.
Categories of records in the system:
Letters, memoranda, and other documents citing complaints of
alleged criminal or administrative misconduct. Investigative files
which include: Reports of investigations to resolve allegations of
misconduct or violations of law with related exhibits, statements,
affidavits or records obtained during investigations; prior criminal
or noncriminal records of individuals as they relate to the
investigations; reports of actions taken by management personnel
regarding misconduct; and reports from or to other law enforcement
bodies.
Authority for maintenance of the system:
Inspector General Act of 1978 (Pub. L. 95-462); Executive Orders
12065 and 10450; 44 U.S.C. 3101; 28 U.S.C. 535; 18 U.S.C. including
Sections 201, 202, 205, 207, 208, 209, 210, 211, 219, 285, 287, 508,
595, 600, 602, 603, 604, 607, 608, 641, 643, 653, 654, 798, 1001,
1719, 1905, 1913, 1917, 1918, 2071, 2073; 5 U.S.C. including Sections
301, 2302, 7311, 7324, 7352; 15 U.S.C. 1512; 31 U.S.C. 638(a)(c).
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses:
Routine use for law enforcement purposes will include disclosure
to the appropriate agency, whether Federal, State, local, foreign, or
international, charged with the responsibility for investigating or
prosecuting a violation of any law, rule, regulation or order.
Routine use for law enforcement purposes will also include disclosure
to individuals or to agencies, whether Federal, State, local, foreign
or international, when necessary to further the ends of an
investigation. Disclosure of information from this system of records
may also be made to commercial contractors (debt collection agencies)
for the purpose of collecting delinquent debts as authorized by the
Debt Collection Act (31 U.S.C. 3718). See routine use paragraphs 1-5
and 8-13 in Prefatory Statement.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage:
Paper records in file folders and automated storage media.
Retrievability:
Indices are alphabetical, cross referenced to file number.
Safeguards:
Locked cabinets in secured rooms or in guarded building, and used
only by authorized screened personnel.
Retention and disposal:
When cases are closed records are disposed of in accordance with
the unit's Records Control Schedule.
System manager(s) and address:
Counsel to the Inspector General, Office of Inspector General,
U.S. Department of Commerce, Washington, DC 20230.
Notification procedure:
Information may be obtained from: Counsel to the Inspector
General, Office of the Inspector General, U.S. Department of
Commerce, Washington, DC 20230. Requester should provide name and
association with the Department, if any, pursuant to the inquiry
provisions of the Department's rules which appear in 15 CFR part 4b.
Record access procedures:
Requests from individuals should be addressed to: Same address as
stated in the Notification selection above.
Contesting record procedures:
The Department's rules for access, for contesting contents, and
appealing initial determinations by the individual concerned appear
in 15 CFR part 4b. Use above address.
Record source categories:
Subject individuals: Office of Personnel Management, FBI and
other Federal, State, local, foreign and international agencies;
individuals and organizations that have pertinent knowledge about the
subject; and those authorized by the individual to furnish
information.
Systems exempted from certain provisions of the act:
Under 5 U.S.C. 552a(j)(2), the head of any agency may exempt any
system of records within the agency from certain provisions of the
Privacy Act of 1974, if the agency or component that maintains the
system performs as its principal function any activities pertaining
to the enforcement of criminal laws. The Inspector General Act of
1978, Pub. L. 95-462, mandates the Inspector General to recommend
policies for, and to conduct, supervise and coordinate activities in
the Department and between the Department and other Federal, State
and local government agencies with respect to all matters relating to
the prevention and detection of fraud in programs and operations
administered or financed by the Department, and to the identification
and prosecution of participants in such fraud. Under the Act,
whenever the Inspector General has reasonable grounds to believe
there has been a violation of Federal criminal law, the Inspector
General must report the matter expeditiously to the Attorney General.
In addition to these principal functions pertaining to the
enforcement of criminal laws, the Inspector General may receive and
investigate complaints on information from various sources concerning
the possible existence of activities constituting violations of law,
rules or regulations, or mismanagement, gross waste of funds, abuses
of authority or substantial and specific danger to the public health
and safety. The provisions of the Privacy Act of 1974 from which
exemptions are claimed under 5 U.S.C. 552a(j)(2) are as follows: 5
U.S.C. 552a(c) (3) and (4); 5 U.S.C. 552a(d); 5 U.S.C. 552a(e) (1),
(2) and (3); 5 U.S.C. 552a(e)(4) (G), (H), and (I); 5 U.S.C. 552a(e)
(5) and (8); 5 U.S.C. 552a(f); 5 U.S.C. 552a(g).
To the extent that the exemption under 5 U.S.C. 552a(j)(2) is
held to be invalid, then the exemptions under 5 U.S.C. 552a (k)(1),
(k)(2), and (k)(5) are claimed for all material which meets the
criteria of these three subsections.
Provisions of the Privacy Act of 1974 from which exemptions are
claimed under 5 U.S.C. 552a (k)(1), (k)(2) and (k)(5) are as follows:
5 U.S.C. 552a(c)(3); 5 U.S.C. 552a(d); 5 U.S.C. 552a(e)(1); 5 U.S.C.
552a(e)(4) (G), (H), and (I); 5 U.S.C. 552a(f).
Reasons for exemptions: In general, the exemption of this
information and material is necessary in order to accomplish the law
enforcement function of the Office of Inspector General, to prevent
disclosure of classified information as required by Executive Order
12065, to prevent subjects of investigations from frustrating the
investigatory process, to prevent the disclosure of investigative
techniques, to fulfill commitments made to protect the
confidentiality of sources, to maintain access to sources of
information, and to avoid endangering these sources and law
enforcement personnel. Detailed reasons follow: Reasons for
exemptions under 5 U.S.C. 552a(j)(2) and (k)(2);
(1) 5 U.S.C. 552a(c)(3) requires that upon request, an agency
must give an individual named in a record an accounting which
reflects the disclosure of the record to other persons or agencies.
This accounting must state the date, nature and purpose of each
disclosure of the record and the name and address of the recipient.
The application of this provision would alert subjects of an
investigation to the existence of the investigation and that such
persons are subjects of that investigation. Since release of such
information to subjects of an investigation would provide the
subjects with significant information concerning the nature of the
investigation, it could result in the alerting or destruction of
documentary evidence, improper influencing of witnesses, and other
activities that could impede or compromise the investigation.
(2) 5 U.S.C. 552a (c)(4), (d), (e)(4) (G) and (H), (f) and (g)
relate to an individual's right to be notified of the existence of
records pertaining to such individual; requirements for identifying
an individual who requests access to records; the agency procedures
relating to access to records and the contest of information
contained in such records; and the civil remedies available to the
individual in the event of adverse determinations by an agency
concerning access to or amendment of information contained in records
systems. This system is exempt from the foregoing provisions for the
following reasons: To notify an individual at the individual's
request of the existence of records in an investigative file
pertaining to such individual, or to grant access to an investigative
file could interfere with investigative and enforcement proceedings,
deprive co-defendants of a right to a fair trial or other impartial
adjudication, constitute an unwarranted invasion of personal privacy
Other Popular 1997 Privacy Act Documents Documents:
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