[Federal Register Volume 79, Number 198 (Tuesday, October 14, 2014)]
[Notices]
[Pages 61599-61602]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-24323]


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DEPARMENT OF COMMERCE

[Docket No. 140826721-4721-01]


Privacy Act of 1974, Amended 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/DEPARTMENT-10, Executive Correspondence Files.''

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SUMMARY: In accordance with the Privacy Act of 1974, as amended, Title 
5 United States Code (U.S.C.) 552(e)(4) and (11); and Office of 
Management and Budget (OMB) Circular A-130, Appendix I, Federal Agency 
Responsibilities for Maintaining Records About Individuals, the 
Department of Commerce proposes to amend the system of records entitled 
``COMMERCE/DEPARTMENT-10, Executive Correspondence Files'' to update: 
The categories of records in the system to include databases and 
electronic files; the system location(s); the routine uses to include 
the breach notification routine use; the safeguards and storage to 
include electronic records; the system manager(s) and addresses; the 
notification procedure; and the record source categories to include 
interaction with correspondent/Department contact. We invite public 
comment on the amended system announced in this publication.

DATES: To be considered, written comments must be submitted on or 
before November 13, 2014.
    Unless comments are received, the amended system of records will 
become effective as proposed on the date of publication of a subsequent 
notice in the Federal Register.

ADDRESSES: You may submit written comments by any of the following 
methods: Email: <a href="/cdn-cgi/l/email-protection#3e7c7a51525f500f7e5a515d10595148"><span class="__cf_email__" data-cfemail="7e3c3a11121f104f3e1a111d50191108">[email protected]</span></a>. Include ``Privacy Act COMMERCE/
DEPARTMENT-10, Executive Correspondence Files'' in the subtext of the 
message. Fax: (202) 482-0827, marked to the attention of Ms. Brenda 
Dolan Mail: Ms. Brenda Dolan, Office of Privacy and Open Government, 
U.S. Department of Commerce, 1401 Constitution Ave. NW., Suite A300, 
Room A326, Washington, DC 20230.

FOR FURTHER INFORMATION CONTACT: Ms. Brenda Dolan, Office of Privacy 
and Open Government, U.S. Department of Commerce, 1401 Constitution 
Ave. NW., Suite A300, Room A326, Washington, DC 20230, (202) 482-3258.

SUPPLEMENTARY INFORMATION: This notice announces the Department of 
Commerce's proposal to amend the system of records under the Privacy 
Act of 1974 for Executive Correspondence Files. The purpose of this 
amendment is to update: The categories of records in the system to 
include databases and electronic files; the system location(s); the 
routine uses to include the breach notification routine use; the 
safeguards and storage to include electronic records; the system 
manager(s) and addresses; the notification procedure; and the record 
source categories to include interaction with correspondent/Department 
contact. Specifically, we propose to modify the system of records to 
read as follows:
Commerce/Dept-10

System Name:
    COMMERCE/DEPT-10, Executive Correspondence Files.

Security Classification:
    None

System Location:
    a. For Office of the Secretary correspondence: Office of the 
Executive Secretariat, Office of the Secretary, U.S. Department of 
Commerce, Room 5516, 1401 Constitution Avenue NW., Washington, DC 
20230.
    b. For U.S. Census Bureau correspondence: Office of Congressional 
and Intergovernmental Affairs, U.S. Census Bureau, Room 8H166, 4600 
Silver Hill Road, Washington, DC 20233-3700.
    c. For Bureau of Economic Analysis/Economic and Statistics 
Administration correspondence: Office of the Under Secretary, Economic 
and Statistics Administration, Room 4836, 1401 Constitution Avenue NW., 
Washington, DC 20230.
    d. For Economic Development Administration correspondence: Office 
of the Executive Secretariat, Economic Development Administration, Room 
71014, 1401 Constitution Avenue NW., Washington, DC 20230.
    e. For Bureau of Industry and Security correspondence: Office of 
the Under Secretary, Bureau of Industry and Security, Room 3898, 1401 
Constitution Avenue NW., Washington, DC 20230.
    f. For International Trade Administration correspondence: Office of 
the Executive Secretariat, International Trade Administration, Room 
3842, 1401 Constitution Avenue NW., Washington, DC 20230.
    g. For Minority Business Development Agency correspondence: Office 
of the Executive Secretariat, Minority Business Development Agency, 
Room 5612, 1401 Constitution Avenue NW., Washington, DC 20230.
    h. For National Institute of Standards and Technology 
correspondence: Office of the Chief of Staff, National Institute of 
Standards and Technology, Room A1105, 100 Bureau Drive, Gaithersburg, 
MD 20899.
    i. For National Technical Information Service correspondence: 
Office of the Director, National Technical Information Service, 5301 
Shawnee Road, Alexandria, VA 22312.
    j. For National Telecommunications and Information Administration: 
Office of the Assistant Secretary, National Telecommunications and 
Information Administration, Room 4898, 1401 Constitution Avenue NW., 
Washington, DC 20230.
    k. For National Oceanic and Atmospheric Administration 
correspondence: Office of the Executive Secretariat, National Oceanic 
and Atmospheric Administration, Room 6052, 1401 Constitution Avenue 
NW., Washington, DC 20230.
    l. For U.S. Patent and Trademark Office correspondence: Office of 
the Under Secretary, U.S. Patent and Trademark Office, 600 Dulany 
Street, Madison Building, West, 10th Floor, Alexandria, Virginia 22313.

Categories Of Individuals Covered By The System:
    a. Department Contacts and/or individuals who correspond (in 
person, via telephone, mail, or electronically) with the Secretary of 
Commerce, and the Deputy Secretary, and individuals whose 
correspondence has been referred by the White House, other Executive 
agencies or Members of Congress to the Secretary or Deputy Secretary 
for response.
    b. Individuals who correspond with top level officials in the 
Department's Bureaus. In these categories the individuals include only 
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).

Catagories Of Records In The System:
    The system may include the name and addresses of correspondent, 
summary of subject matter, original correspondence, official response,

[[Page 61600]]

referral letters, memoranda or notes concerning the subject of the 
correspondence, or copies of any enclosures. For hard copy 
correspondence, the records in the system are arranged numerically by 
control number assigned to each item of correspondence. A separate 
electronic database of all Department Contacts may also be maintained. 
This database may include the information listed above, as well as any 
other information relevant to the maintenance of the Department's 
contacts.

Authority For Maintenance Of The System:
    5 U.S.C. 301 and 44 U.S.C. 3101.

Purposes:
    The purpose of this system is 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, and 
to allow for management and optimal use of Department contacts 
information.

Routine Uses Of Records Maintained In The System, Including Categories 
Of Users And Purposes Of Such Uses:
    1. 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, and to allow for 
management and optimal use of Department contacts information. 
Information from or copies of the records may be provided to the 
original addresses of the original correspondence.
    2. In the event that a system or 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 where necessary 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.
    3. A record from this system of records may be disclosed 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.
    4. A record from this system of records may be disclosed 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.
    5. A record from this system of records may be disclosed in the 
course of presenting evidence to a court, magistrate or administrative 
tribunal, including disclosures to opposing counsel in the course of 
settlement negotiations.
    6. A record in this system of records may be disclosed 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.
    7. A record in this system of records which contains medical 
information may be disclosed to the medical advisor of any individual 
submitting a request for access to the record under the Act and 15 CFR 
Part 4 if, in the sole judgment of the Department, disclosure could 
have an adverse effect upon the individual, under the provision of 5 
U.S.C. 552a(f)(3) and implementing regulations at 15 CFR 4.26.
    8. A record in this system of records may be disclosed to the 
Office of Management and Budget in connection with the review of 
private relief legislation as set forth in OMB Circular No. A-19 at any 
stage of the legislative coordination and clearance process as set 
forth in that Circular.
    9. A record in this system of records may be disclosed 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).
    10. A record in this system of records may be disclosed 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).
    11. A record in this system may be transferred to the Office of 
Personnel Management: for personnel research purposes; as a data source 
for management information; for the production of summary descriptive 
statistics and analytical studies in support of the function for which 
the records are collected and maintained; or for related manpower 
studies.
    12. A record from this system of records may be disclosed to the 
Administrator, General Services, or his designee, during an inspection 
of records conducted by the General Services Administration as part of 
that agency's responsibility to recommend improvements in records 
management practices and programs, under authority of 44 U.S.C. 2904 
and 2906. Such disclosure shall be made in accordance with the GSA 
regulations governing inspection of records for this purpose, and any 
other relevant (i.e. GSA or Commerce) directive. Such disclosure shall 
not be used to make determinations about individuals.
    13. 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 DOC 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 whether systems or 
programs (whether maintained by the DOC 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 DOC's efforts to respond to the suspected 
or confirmed compromise and to prevent, minimize, or remedy such harm.

Disclosure To Consumer Reporting Agencies:
    Not applicable.

Policies And Practices For Storing, Retrieving, Accessing, Retaining, 
And Disposing Of Records In The System:
Storage:
    Hard copy files may be maintained in paper form and on diskettes; 
additional electronic files may be kept in electronic digital media in 
encrypted format within a controlled environment, and accessed only by 
authorized personnel.

[[Page 61601]]

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 and disks as stored in file cabinets on secured 
premises with access limited to personnel whose official duties require 
access. For electronic media, the system is password protected and is 
FIPPS 199 compliant. The electronic system adheres to a Moderate 
security rating.

Retention And Disposal:
    Records are disposed of in accord with the appropriate records 
disposition schedule approved by the Archivist of the United States.

System Manger(s) And Address:
    For records at location a.: Director, Office of the Executive 
Secretariat, Office of the Secretary, Room 5516, U.S. Department of 
Commerce, 1401 Constitution Avenue NW., Washington, DC 20230.
    For records at location b.: Director, Office of the Executive 
Secretariat, U.S. Census Bureau, Room 8H166, 4600 Silver Hill Road, 
Washington, DC 20233-3700.
    For records at location c.: Director, Office of the Under 
Secretary, Economic and Statistics Administration, Room 4836, 1401 
Constitution Avenue NW., Washington, DC 20230.
    For records at location d.: Director, Office of the Executive 
Secretariat, Economic Development Administration, Room 71014, 1401 
Constitution Avenue NW., Washington, DC 20230.
    For records at location e.: Director, Office of the Under 
Secretary, Bureau of Industry and Security, Room 3898, 1401 
Constitution Avenue NW., Washington, DC 20230.
    For records at location f.: Director, Office of the Executive 
Secretariat, International Trade Administration, Room 3842, 1401 
Constitution Avenue NW., Washington, DC 20230.
    For records at location g.: Director, Office of the Executive 
Secretariat, Minority Business Development Agency, Room 5612, 1401 
Constitution Avenue NW., Washington, DC 20230.
    For records at location h.: Director, Office of the Chief of Staff, 
National Institute of Standards and Technology, Room A1105, 100 Bureau 
Drive, Gaithersburg, MD 20899.
    For records at location i.: Director, National Technical 
Information Service, 5301 Shawnee Road, Alexandria, VA 22312.
    For records at location j.: Director, Office of the Assistant 
Secretary, National Telecommunications and Information Administration, 
Room 4898, 1401 Constitution Avenue NW., Washington, DC 20230.
    For records at location k.: Director, Office of the Executive 
Secretariat, National Oceanic and Atmospheric Administration, Room 
6052, 1401 Constitution Avenue NW., Washington, DC 20230.
    For records at location l.: Director, Office of the Under 
Secretary, U.S. Patent and Trademark Office, 600 Dulany Street, Madison 
Building, West, 10th Floor, Alexandria, Virginia 22313.

Notification Procedure:
    An individual requesting notification of existence of records on 
himself or herself should send a signed, written inquiry to the 
locations listed below. 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 reasonable specify the record contents being 
sought.
    For records at location a.: Office of the Secretary, Freedom of 
Information and Privacy Act Officer, Room A300, U.S. Department of 
Commerce, 1401 Constitution Avenue NW., Washington, DC 20230.
    For records at location b.: U.S. Census Bureau, Freedom of 
Information and Privacy Act Officer, Room 8H027, 4600 Silver Hill Road, 
Washington, DC 20233-3700.
    For records at locations c.: Bureau of Economic Analysis/Economic 
and Statistics Administration, Freedom of Information and Privacy Act 
Officer, Room 4836, U.S. Department of Commerce, 1401 Constitution, 
Avenue NW., Washington, DC 20230.
    For records at location d.: Economic Development Administration, 
Freedom of Information and Privacy Act Officer, Room 7325, U.S. 
Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 
20230.
    For records at location e.: Bureau of Industry and Security, 
Freedom of Information and Privacy Act Officer, Room 6622, U.S. 
Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 
20230.
    For records at location f.: International Trade Administration, 
Freedom of Information and Privacy Act Officer, Room 40003, U.S. 
Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 
20230.
    For records at location g.: Minority Business Development Agency, 
Freedom of Information and Privacy Act Officer, Room 5093, U.S. 
Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 
20230.
    For records at location h.: National Institute of Standards and 
Technology, Freedom of Information and Privacy Act Officer, Room 1710, 
100 Bureau Drive, Gaithersburg, MD 20899.
    For records at location i.: National Technical Information Service, 
Freedom of Information and Privacy Act Officer, Room 227, 5301 Shawnee 
Road, Alexandria, VA 22312.
    For records at location j.: National Telecommunications and 
Information Administration, Freedom of Information and Privacy Act 
Officer, Room 4713, U.S. Department of Commerce, 1401 Constitution 
Avenue NW., Washington, DC 20230.
    For records at location k.: National Oceanic and Atmospheric 
Administration, Freedom of Information and Privacy Act Officer, Room 
9719, SSMC3, 1315 East-West Highway, Silver Spring, MD 20910.
    For records at location l.: U.S. Patent and Trademark Office, 
Freedom of Information and Privacy Act Officer, 600 Dulany Street, 
Madison Building, East, Room 10B20, Alexandria, Virginia 22313.

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 reasonable specify the record 
contents being sought.

Contestng 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 above. Requesters should reasonable 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

[[Page 61602]]

initial determination by the individual concerned appear in 15 CFR part 
4, Appendix B.

Record Source Catgegories:
    The correspondent, referral source, Department employees involved 
in processing the correspondence, and other individuals, as required to 
prepare an appropriate response and to interact with correspondent/
Department contact.

Exemptions Claimed For The System:
    None.

    Dated: October 7, 2014.
Brenda Dolan,
Department of Commerce, Freedom of Information and Privacy Act Officer.
[FR Doc. 2014-24323 Filed 10-10-14; 8:45 am]
BILLING CODE 3510-17-P


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