[Federal Register Volume 68, Number 116 (Tuesday, June 17, 2003)]
[Notices]
[Pages 35852-35855]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-15208]


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DEPARTMENT OF COMMERCE

Office of the Secretary

[Docket No.: 030520130-3130-01]


Privacy Act Altered System of Records

AGENCY: Office of the Secretary, Department of Commerce.

ACTION: Notice of amendment of Privacy Act System of Records, Commerce/
Department system 18: employees personnel files not covered by notices 
of other agencies and request for comments.

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SUMMARY: In accordance with the requirements of the Privacy Act of 
1974, as amended, 5 U.S.C. 552a(e)(4) and (11), the Department of 
Commerce (Department) is issuing notice of our intent to amend the 
system of records entitled Commerce Department System 18, ``Employees 
Personnel Files Not Covered By Notices of Other Agencies.'' This 
amendment adds to this system those records compiled in conjunction 
with requesting, approving, denying and/or providing reasonable 
accommodation under the requirements of E.O. 13164, 7/26/00. We invite 
public comment on the proposed changes in this publication.

DATES: Comment Date: To be considered, written comments must be 
submitted on or before July 17, 2003.
    Effective Date: Unless comments are received, the amendments will 
become effective as proposed on the date of publication of a subsequent 
notice in the Federal Register.

ADDRESSES: Comments may be mailed to Brenda Dolan, U. S. Department of 
Commerce, Room 6022, 14th and Constitution Avenue, NW., Washington, DC 
20230, 202-482-4115.

FOR FURTHER INFORMATION CONTACT: Brenda Brittain at 202-482-8183.

SUPPLEMENTARY INFORMATION: On July 26, 2000, Executive Order 13164, 
which stipulated that Federal agencies must issue written procedures 
for providing reasonable accommodation to employees, was promulgated. 
This amendment adds to the subject system those files containing 
records compiled in accordance with the E.O. 13164 and the Department 
policy guidance. Department guidance establishes procedures to 
implement requirements

[[Page 35853]]

for the reasonable accommodation issued by the Equal Employment 
Opportunity Commission in October 2000. In addition, other minor 
administrative updates are being amended to the system location, 
categories of records, routine uses, storage, retrievability, 
notification procedure, and records access procedures.
Commerce/Dept-18

System Name:
    Employees Personnel Files Not Covered by Notices of Other Agencies-
COMMERCE/DEPT-18.

System Location:
    a. For all Departmental employees: Departmental Office of Human 
Resources Management, Room 5001, U.S. Department of Commerce, 
Washington, DC 20230 (for automated records and for selected records 
relating to Senior Executive Service and Departmental Honor Awards).
    b. For employees of Departmental Offices, Office of Human Resource 
Services, Room 5005, U.S. Department of Commerce, Washington, DC 20230.
    c. For employees of the Bureau of the Census: Human Resources 
Division, Bureau of the Census, Federal Building 3, Room 3260, 
Suitland, Maryland 20233.
    d. For employees of International Trade Administration, National 
Telecommunications and Information Administration, Minority Business 
Development Agency, Economic Development Administration, Bureau of 
Industry and Security, and Bureau of Economic Analysis: Human Resources 
Management, International Trade Administration, Room 3512, U.S. 
Department of Commerce, Washington, DC 20230.
    e. For employees of National Institute of Standards and Technology, 
Technology Administration and National Technical Information Service: 
Human Resources Management Division, National Institute of Standards 
and Technology, Administration Building, Room A-123, Gaithersburg, 
Maryland 20899-3550.
    f. For employees of National Oceanic and Atmospheric 
Administration: Human Resources Management Office, National Oceanic and 
Atmospheric Administration, 1305 East-West Highway, 12th Floor, Silver 
Spring, Maryland 20910, and the following Administrative Support 
Centers:
    DOC/NOAA/Eastern Administrative Support Center, Norfolk Federal 
Building, 200 Granby Street, Room 815, Norfolk, Virginia 23510; DOC/
NOAA/Mountain Administrative Support Center, 325 Broadway, Room GB109, 
Boulder, Colorado 80305-3328; DOC/NOAA/Western Administrative Support 
Center, Operations, 7600 Sand Point Way, NE., Seattle, Washington 
98115-6349; and DOC/NOAA/Central Administrative Support Center, Federal 
Building, 601 E. 12th Street, Room 1737, Kansas City, Missouri 64106.
    g. For employees of U.S. Patent and Trademark Office, Office of 
Human Resources, U.S. Patent and Trademark Office, U.S. Department of 
Commerce, Suite 707, 2011 Crystal Drive, Arlington, Virginia 22202.
    h. For employees of Office of Inspector General, Human Resources 
Management Division, Room 7713, U.S. Department of Commerce, 
Washington, DC.
    i. For employees of U.S. Foreign and Commercial Service, Office of 
Foreign Service Human Resources, Room 3227, U.S. Department of 
Commerce, Washington, DC 20230.
    j. For Bureau of the Census' National Processing Center, Human 
Resources Branch, U.S. Department of Commerce, National Processing 
Center, Bureau of the Census, 1201 East 10th Street, Jeffersonville, IN 
47132.
    k. For political appointees in the Department of Commerce, Office 
of White House Liaison, U.S. Department of Commerce, Room 5835, 
Washington, DC 20230
    l. For any Department employee: The immediate office of the 
employee's supervisor(s).
    m. For any reasonable accommodation reports (CD 575): The Office of 
Civil Rights, U.S. Department of Commerce, Room 6003, Washington, DC 
20230

Categories of individuals covered by the system:
    Applicants, Current and Former Employees.

Categories of records in the system:
    All personnel records in the Department which are subject to the 
Privacy Act but are not covered in the notices of systems of records 
published by other agencies with influence upon personnel management in 
the Department, such as the Office of Personnel Management, Merit 
Systems Protection Board, Office of Special Counsel, Equal Employment 
Opportunity Commission, Department of State or Department of Labor. The 
records of this system may include, but are not limited to: The 
individual's name; birth date; home and emergency addresses and 
telephone numbers; personnel actions; qualifications; training; 
employment history; awards; counseling; reprimands; work assignments; 
injuries; travel; outside employment; employee development records; 
incentive awards; employee relations; grievance records; medical 
records; work-related injury or illness claims; career management 
program ship personnel; employee overseas assignment(s); minority group 
statistics program; work performance and appraisal records, including 
supervisory records; re-employment and priority placement program; 
executive assignments and merit pay actions; merit assignment programs; 
retirements; within-grade denials (reconsideration files); reasonable 
accommodation report (CD 575); automated employee information system; 
and U.S. Foreign and Commercial Service employee personnel and security 
information.

Authority for maintenance of the system:
    Includes the following, with all revisions and amendments: 5 U.S.C. 
301; 44 U.S.C. 3101; E.O. 12107, E.O. 13164.

Routine uses of records maintained in the system, including categories 
of users and the purposes of such uses:
    These records may be disclosed as follows:
    (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 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 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.

[[Page 35854]]

    (3) 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.
    (4) 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.
    (5) 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.
    (6) 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).
    (7) 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).
    (8) A record in this system may be disclosed 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.
    (9) A record from this system of records may be disclosed to the 
Administrator, General Services Administration (GSA), or his designee, 
during an inspection of records conducted by GSA 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.
    (10) A record in this system of records may be disclosed to any 
source from which additional information is requested in the course of 
processing a grievance to the extent necessary to identify the 
individual, inform the source of the purpose(s) of the request, and 
identify the type of information requested.
    (11) A record in this system of records may be disclosed to 
officials of the Office of Personnel Management, Merit Systems 
Protection Board, including the Office of the Special Counsel, the 
Federal Labor Relations Authority and its General Counsel, or the Equal 
Employment Opportunity Commission, the Department of State, or the 
Department of Labor when requested in performance of their authorized 
duties.
    (12) A record in this system of records may be disclosed in 
response to a request for discovery or for appearance of a witness, 
information that is relevant to the subject matter involved in a 
pending judicial or administrative proceeding.
    (13) A record in this system of records may be disclosed to 
officials or labor organizations reorganized under the Civil Service 
Reform Act when relevant and necessary to their duties of exclusive 
representation concerning personnel policies, practices, and matters 
affecting work conditions.
    (14) A record in this system of records may be disclosed 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).
    (15) A record in this system of records may be disclosed to Senior 
State Department officials at U.S. Embassies, including the Ambassador, 
Deputy Chief of Mission, Administrative Counselor and Human Resource 
Officers, for matters relating to employment or security issues 
pertaining to Department of Commerce employees working in U.S. 
Embassies or facilities overseas.

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 1968 (31 U.S.C. 3701(a)(3).

Policies and practices for storing, retrieving, accessing, retaining, 
and disposing of records in the system:
Storage:
    Records are maintained in computer processible storage media, such 
as computer hard drives, magnetic disc, tape; in file folders; and on 
paper lists and forms.

Retrievability:
    Records are retrieved by various combinations of name, taxpayer 
identifying number (i.e., social security number or employer 
identification number), or debt account number.

Safeguards:
    Records are located in lockable metal file cabinets or in secured 
rooms or secured premises or secured computers with access limited to 
those whose official duties require access.

Retention and disposal:
    All records shall be retained and disposed of in accordance with 
National Archives and Records Administration regulations (36 CFR 
Subchapter B--Records Retention); Departmental directives and 
comprehensive records schedules.

System manager(s) and address:
    Same as listed under System Location.

Notification procedure:
    For Bureau of Economic Analysis records at locations a and d, 
information may be obtained from: Chief, Management and Organization 
Branch, Bureau of Economic Analysis, Tower Building, 1401 K Street, 
NW., Washington, DC 20230;
    For National Telecommunications and Information Administration 
records at locations a and d, information may be obtained from: Privacy 
Officer, National Telecommunications and Information Administration, 
U.S. Department of Commerce, Washington, DC 20230; For National 
Technical Information Service records at locations a and e, information 
may be obtained from: Privacy Officer, National Technical Information 
Service, U.S. Department of Commerce, Washington, DC 20230;
    For Minority Business Development Agency records at locations a and 
d, information may be obtained from: Privacy Officer, Office of Chief 
Counsel, Minority Business Development Agency, U.S. Department of 
Commerce, Washington, DC 20230;
    For all other records at locations a and b, information may be 
obtained from Departmental Privacy Act Officer, Office of Executive 
Assistance Management, U.S. Department of Commerce, Washington, DC 
20230;
    For records at location c, information may be obtained from 
Associate Director for Finance and Administration, Bureau of the 
Census, Federal Building 3, Washington, DC 20230;

[[Page 35855]]

    For records at location d, information may be obtained from Privacy 
Act Officer, Office of Management and Systems, International Trade 
Administration, Room 4001B, U.S. Department of Commerce, Washington, DC 
20230;
    For records at location e, information may be obtained from: Chief, 
Management and Organization Division, Room A525, Administration 
Building, National Institute of Standards and Technology, Gaithersburg, 
Maryland 20899-3220;
    For records at location f, information may be obtained from: 
Director, Human Resources Management Offices, National Oceanic and 
Atmospheric Administration, 1305 East-West Highway, 12th Floor, Silver 
Spring, Maryland 20910;
    For records at location g, information may be obtained from: Chief 
Financial Officer and Chief Administrative Officer, U.S. Patent and 
Trademark Office, Washington, DC 20231;
    For records at location h, information may be obtained from: 
Personnel Management Division, Economic Development Administration, 
Room 7089, U.S. Department of Commerce, Washington, DC 20230;
    For Bureau of Industry and Security records at location d, 
information may be obtained from: Director, Office of Planning, 
Evaluation and Management, and various Director's offices, Room 6883, 
U.S. Department of Commerce, Washington, DC 20230;
    For Technology Administration records at location e, information 
may be obtained from: Human Resources Management Division, National 
Institute of Standards and Technology, Administration Building, Room A-
123, Gaithersburg, Maryland 20899-3550;
    For records at location k, information may be obtained from: 
Privacy Officer for employee's unit.
    For records at location l, information may be obtained from: 
Privacy Officer for employee's operating unit.
    Requester should provide name, social security number, and time or 
organization unit of employment pursuant to the inquiry provisions of 
the Department's rules which appear in 15 CFR part 4b.
    For records at location h, information may be obtained from: 
Personnel Management Division, Economic Development Administration, 
Room 7089, U.S. Department of Commerce, Washington, DC.
    For records at location i, information may be obtained from: Office 
of Foreign Service Human Resources, Room 3227, U.S. Department of 
Commerce, Washington, DC 20230.
    For records at location j, information may be obtained from: Human 
Resources Branch, U.S. Department of Commerce, National Processing 
Center, Bureau of the Census, 1201 East 10th Street, Jeffersonville, IN 
47132.
    For records at location m, information may be obtained from 
Departmental Privacy Act Officer, Office of Executive Assistance 
Management, U.S. Department of Commerce, Washington, DC 20230.

Record access procedures:
    Request from individuals should be addressed to: same address as 
stated in the Notification section 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 address in notification section.

Record source categories:
    Subject individual and those authorized by the individual to 
furnish information; others involved in reference of the individual; 
physicians; employee's supervisor; for grievance records information is 
also provided by the testimony of witnesses, by agency officials, and 
from related correspondence from organizations or persons.

    Dated: June 10, 2003.
Brenda Dolan,
Department of Commerce, Freedom of Information/Privacy Act Officer.
[FR Doc. 03-15208 Filed 6-16-03; 8:45 am]
BILLING CODE 3510-BP-P