Privacy Act: [ COMMERCE/DEPT-11] Candidates for Membership, Members, and Former Members of Department of Commerce Advisory Committees....

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   of others, disclose the identity or confidential sources, reveal 
   confidential information supplied by these sources and disclose 
   investigative techniques and procedures.
       (3) 5 U.S.C. 552a(e)(4)(I) requires the publication of the 
   categories of sources of records in each system of records. The 
   application of this provision could disclose investigative techniques 
   and procedures and cause sources to refrain from giving such 
   information because of fear or reprisal, or fear of breach of 
   promises of anonymity and confidentiality. This would compromise the 
   ability to conduct investigations, and to identify, detect, and 
   apprehend violators.
       (4) 5 U.S.C. 552a(e)(I) requires each agency to maintain in its 
   records only such information about an individual that is relevant 
   and necessary to accomplish a purpose of the agency required by 
   statute or Executive Order. An exemption from the foregoing is 
   needed:
       a. Because it is not possible to detect relevance or necessity of 
   specific information in the early stages of a criminal or other 
   investigation.
       b. Relevance and necessity are questions of judgment and timing. 
   What appears relevant and necessary when collected may ultimately be 
   determined to be unnecessary. It is only after the information is 
   evaluated that the relevance and necessity of such information can be 
   established.
       c. In any investigation the Inspector General may obtain 
   information concerning the violations of laws other than those within 
   the scope of his jurisdiction. In the interest of effective law 
   enforcement, the Inspector General should retain this information as 
   it may aid in establishing patterns of criminal activity, and provide 
   leads for those law enforcement agencies charged with enforcing other 
   segments of criminal or civil law.
       d. In interviewing persons, or obtaining other forms of evidence 
   during an investigation, information may be supplied to the 
   investigator which related to matters incidental to the main purpose 
   of the investigation but which may relate to matters under the 
   investigative jurisdiction of another agency. Such information cannot 
   readily be segregated.
       (5) 5 U.S.C. 552(e)(2) requires an agency to collect information 
   to the greatest extent practicable directly from the subject 
   individual when the information may result in adverse determinations 
   about an individual's rights, benefits, and privilege under Federal 
   programs. The application of the provision would impair 
   investigations of illegal acts, violations of the rules of conduct, 
   merit system and any other misconduct of the following reasons:
       a. In certain instances the subject of an investigation cannot be 
   required to supply information to investigators. In those instances, 
   information relating to a subject's illegal acts, violations of rules 
   of conduct, or any other misconduct, etc., must be obtained from 
   other sources.
       b. Most information colected about an individual under 
   investigation is obtained from third parties such as witnesses and 
   informers. It is not feasible to rely upon the subject of the 
   investigation as a source for information regarding his activities.
       c. The subject of an investigation will be alerted to the 
   existence of an investigation if any attempt is made to obtain 
   information from subject. This could afford the individual the 
   opportunity to conceal any criminal activities to avoid apprehension.
       d. In any investigation, it is necessary to obtain evidence from 
   a variety of sources other than the subject of the investigation in 
   order to verify the evidence necessary for successful litigation.
       (6) 5 U.S.C. 552(a)(e)(3) requires that an agency must inform the 
   subject of an investigation who is asked to supply information of:
       a. The authority under which the information is sought and 
   whether disclosure of the information is mandatory or voluntary,
       b. The purposes for which the information is intended to be used,
       c. The routine uses which may be made of the information, and
       d. The effects on the subject, if any, of not providing the 
   requested information. The reasons for exempting this system of 
   records from the foregoing provision are as follows:
       (i) The disclosure to the subject of the investigation as stated 
   in (b) above would provide the subject with substantial information 
   relating to the nature of the investigation and could impede or 
   compromise the investigation.
       (ii) If the subject were informed of the information required by 
   this provision, it could seriously interfere with undercover 
   activities requiring disclosure of undercover agents' identity and 
   impairing their safety, as well as imparing the successful conclusion 
   of the investigation.
       (iii) Individuals may be contracted during preliminary 
   information-gathering in investigations before any individual is 
   identified as the subject of an investigation. Informing the 
   individual of the matters required by this provision would hinder or 
   adversely affect any present or subsequent investigations.
       (7) 5 U.S.C. 552a(e)(5) requires that records be maintained with 
   such accuracy, relevance, timeliness, and completeness as is 
   reasonably necessary to assure fairness to the individual in making 
   any determination about an individual. Since the law defines 
   ``maintain'' to include the collection of information complying with 
   this provision would prevent the collection of any data not shown to 
   be accurate, relevant, timely, and complete at the moment of its 
   collection. In gathering information during the course of an 
   investigation it is not possible to determine this prior to 
   collection of the information. Facts are first gathered and then 
   placed into a logical order which objectively proves or disproves 
   criminal behavior on the part of the suspect. Material which may seem 
   unrelated, irrelevant, incomplete, untimely, etc., may take on added 
   meaning as an investigation progresses. The restrictions in this 
   provision could interfere with the preparation of a complete 
   investigative report.
       (8) 5 U.S.C. 552a(e)(8) requires an agency to make reasonable 
   efforts to serve notice on an individual when any record of such 
   individual is made available to any persons; under compulsory legal 
   process when such process becomes a matter of public record. The 
   notice requirements of this provision could prematurely reveal an 
   ongoing criminal investigation to the subject of the investigation.
       Reasons for exemptions under 5 U.S.C. 552a(k)(1):
       (1) 5 U.S.C. 552a(c)(3) requires that an agency make accountings 
   of disclosures of records available to individuals named in the 
   record at their request. These accountings 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, information which if known might cause damage to 
   national security.
       (2) 5 U.S.C. 552a (d), (e)(4) (G) and (H), and (f) 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; and the agency procedures 
   relating to access to records, and the contest of information 
   contained in such records. 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 investigations undertaken in 
   connection with national security; or could disclose the identity of 
   sources kept secret to protect national security or reveal 
   confidential information supplied by these sources.
       (3) 5 U.S.C. 552a(3)(4)(I) requires the publication of the 
   categories of sources of records in each system of records. The 
   application of this provision could disclose the identity of sources 
   kept secret to protect national security.
       (4) 5 U.S.C. 552a(e)(1) requires each agency to maintain in its 
   records only such information about an individual that is relevant 
   and necessary to accomplish a purpose of the agency required by 
   statute or Executive Order. An exemption from the foregoing is needed 
   :
       a. Because it is not possible to detect relevance or necessity of 
   specific information in the early stages of an investigation 
   involving national security matters.
       b. Relevance and necessity are questions of judgment and timing. 
   What appears relevant and necessary when collected may ultimately be 
   determined to be unnecessary. It is only after the information is 
   evaluated that the relevance and necessity of such information can be 
   established.
       c. In any investigation the Inspector General may obtain 
   information concerning the violators of laws other than those within 
   the scope of his jurisdiction. In the interests of effective law 
   enforcement, the Inspector General should retain this information as 
   it may aid in establishing patterns of criminal activity, and provide 
   leads for those law enforcement agencies charged with enforcing other 
   segments of criminal or civil law.
       d. In interviewing persons, or obtaining forms of evidence during 
   an investigation, information may be supplied to the investigator 
   which relate to matters incidental to the main purpose of the 
   investigation but which may relate to matters under the investigative 
   jurisdiction of another agency. Such information cannot readily be 
   segregated.
       Reasons for exemptions under 5 U.S.C. 552a(k)(5):
       (1) 5 U.S.C. 552a(c)(3) requires that an agency make accountings 
   of disclosures of records available to individuals named in the 
   records at their request. These accountings must stated 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 subject with significant information 
   concerning the nature of the investigation, it could result in the 
   altering 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(d), (e)(4)(G) and (H), and (f) 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; and the agency procedures 
   relating to access to records and the contest of information 
   contained in such records. 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; co-defendants of a right to a fair trial; constitute an 
   unwarranted invasion of personal privacy of others; disclose the 
   identity of confidential sources and reveal confidential information 
   supplied by these sources; and disclose investigative techniques and 
   procedures.
       (3) 5 U.S.C. 552a(e)(4)(I) requires the publication of the 
   categories of sources of records in each system of records. The 
   application of this provision could disclose investigative techniques 
   and procedures and cause sources to refrain from giving such 
   information because of fear of reprisal, or fear of breach of 
   promises of anonymity and confidentiality. This would compromise the 
   ability to conduct investigations, and to make fair and objective 
   decisions on questions of suitability for Federal employment and 
   related issues.
       (4) 5 U.S.C. 552a(e)(1) requires each agency to maintain in its 
   records only such information about an individual that is relevant 
   and necessary to accomplish a purpose of the agency required by 
   statute or Executive Order. An exemption from the foregoing is 
   needed:
       a. Because it is not possible to detect relevance or necessity of 
   specific information in the early stages of an investigation.
       b. Relevance and necessity are questions of judgment and timing. 
   What appears relevant and necessary when collected may ultimately be 
   determined to be unnecessary. It is only after that information is 
   evaluated that the relevance and necessity of such information can be 
   established.
       c. In any investigation the Inspector General may obtain 
   information concerning the violations of laws other than those within 
   the scope of his jurisdiction. In the interest of effective law 
   enforcement, the Inspector General should retain this information as 
   it may aid in establishing patterns of criminal activity, and provide 
   leads for those law enforcement agencies charged with enforcing other 
   segments of criminal or civil law.
       d. In interviewing persons, or obtaining other forms of evidence 
   during an investigation, information may be supplied to the 
   investigator which relate to matters incidental to the main purpose 
   of the investigation but which may relate to matters under 
   investigative jurisdiction of another agency. Such information cannot 
   readily be segregated.

   #.. COMMERCE/DEPT-13

   #....System name: Investigative and Security Records--COMMERCE/DEPT-
      13.

     System location: 
       Departmental Office of Security, OS, Herbert C. Hoover Building, 
   Washington, DC 20230.
     Categories of individuals covered by the system: 
       Nominees, members, and former members of public advisory 
   committees, trade missions and export councils; employees, former 
   employees, and prospective employees; research associates; and guest 
   workers. Employees of contractors used, or which may be used, by the 
   Department on national security classified projects. Principal 
   officers of some contractors used, or which may be used by the 
   Department, principal officers and some employees of organizations, 
   firms, or institutions which were recipients or beneficiaries, or 
   prospective recipients or beneficiaries, of grants, loans, or loan 
   guarantee programs of the Department prior to May 9, 1980.
     Categories of records in the system: 
       Name; address; date and place of birth; Social Security Number; 
   citizenship; physical characteristics; employment and military 
   service history; credit references and credit records; education; 
   medical history; arrest records; Federal employee relatives; dates 
   and purpose of visits to foreign countries; passport numbers; names 
   of spouses, relatives, references, and personal associates; 
   activities; and security; and suitability materials. This system does 
   not include records of EEO investigations. Such records are covered 
   in a government-wide system noticed by the Office of Personnel 
   Management and now the responsibility of the Equal Employment 
   Opportunity Commission. For assistance contact the Privacy Officer 
   for the Office of the Secretary.
     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; and Equal 
   Employment Act of 1972.
     Routine uses of records maintained in the system, including 
   categories of users and the purposes of such uses: 
       Information concerning nominees, members and former members of 
   public advisory committees may be disclosed: (a) To OMB in connection 
   with its committee management responsibilities; (b) to other Federal 
   agencies which have joint responsibility for advisory committees or 
   which receive or utilize advice of the committees; and (c) to a 
   Federal, state or local agency, private organization or individual as 
   necessary to obtain information in connection with a decision 
   concerning appointment or reappointment of an individual to committee 
   membership.
       Information concerning (1) nominees, members, and former members 
   of trade missions and export councils; (2) current employees, former 
   employees, and prospective employees; (3) research associates; (4) 
   guest workers; (5) employees of contractors used, or which may be 
   used, by the Department on national security classified projects; (6) 
   principal officers of some contractors used, or which may be used, by 
   the Department; and (7) principal officers and some employees of 
   organizations, firms or institutions which are recipients or 
   beneficiaries or prospective recipients or beneficiaries of grants, 
   loans, guarantee or other assistance programs of the Department;--may 
   be disclosed to a private organization or individual as necessary to 
   obtain information in connection with a 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. 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 in Prefatory Statement.
   Disclosure to consumer reporting agencies: 
       Disclosures pursuant to 5 U.S.C. 552a(b)(12): Disclosures may be 
   made from this system to ``consumer reporting agencies'' as defined 
   in the Fair Credit Reporting Act (15 U.S.C. 1681a(f)), and the 
   Federal Claims Collection Act of 1966 (31 U.S.C. 3701(a)(3)).
     Policies and practices for storing, retrieving, accessing, 
   retaining, and disposing of records in the system: 
     Storage: 
       Paper records in file folders.
     Retrievability: 
       Filed alphabetically by name.
     Safeguards: 

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