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....


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   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 

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