Effective Date: May 22, 2000

SYSTEM NAME:

Litigation, Claims, and Administrative Proceeding Records.

SECURITY CLASSIFICATION:

None.

SYSTEM LOCATIONS:

a. For matters involving CENSUS: Office of the Associate Director for Administration, Bureau of the Census, Federal Building 3, Washington, DC 20233. Some records may be duplicated in the offices of Census Bureau division chiefs. A complete address list of division chiefs is available upon request from the individual designated in the Notification section below.

b. For matters involving ITA tort and personal property claims: Office of Administrative Support, International Trade Administration, U.S. Department of Commerce, 14th and Constitution Avenue, NW, Washington, DC 20230.

c. For matters involving EDA: Office of Chief Counsel, EDA, U.S. Department of Commerce, 14th and Constitution Avenue, NW, Washington, DC 20230.

d. For matters involving NBS other than personal property loss claims and violations of traffic and grounds regulation: National Bureau of Standards, Office, of the Legal Adviser, Administration Building, Washington, DC 20234. For matters involving personal property loss claims, Office Management Division, National Bureau of Standards Supply and Plant Building, Washington, DC 20234. For matters involving violations of traffic and grounds regulations at Gaithersburg, Maryland, Security Office, Administration Building, Washington, DC 20234 and for violations of those regulations at Boulder or Fort Collins, Colorado, Physical Security Office, NBS, Radio Building, Boulder, Colorado, 80302.

e. For matters including NOAA--see location i.

f. For matters involving NTIS: Office of the Associate Director for Financial and Administrative Management, National Technical Information Service, Springfield, VA 22161.

g. For matters involving NTIA: Office of the Chief Counsel, National Telecommunications and Information Administration, 1800 G Street, NW, Washington, DC 20504; or Office of Administration, National Telecommunications and Information Administration, 1800 G Street, NW, Washington, DC 20504.

h. For matters involving PAT-TM: Office of the Solicitor, U.S. Patent and Trademark Office, 2021 Jefferson Davis Highway, Arlington, Virginia 22202.

i. For matters involving the Department's Sexual Orientation Discrimination Complaint Process: Files containing informal complaint records are maintained by the Bureau EEO Officer. Files containing records of formal complaints are maintained in the Departmental Office of Civil Rights, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Room 6010, Washington, DC 20230.

j. For all other matters: Office of the General Counsel, U.S. Department of Commerce, 14th and Constitution Avenue, NW, Washington, DC 20230. Some of the records at location a through h may be duplicated at location i. Also, the records at locations a through h may be duplicated in part or in whole in other Department of Commerce systems of records, or in Government-wide systems, at other locations. For assistance in this regard, information may be obtained from the individual identified in the appropriate Notification procedure section below.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:

Individuals the subject of any litigation in which the Department is involved; individuals who make administrative claims or appeals against the Department; individuals the subject of claims and administrative actions brought by the Department. Individuals cited for violation of traffic and grounds regulations. Individuals who may have provided statements or other evidence with respect to any of the above. "Department" means the U.S. Department of Commerce or any component thereof, or any officer or employee thereof.

CATEGORIES OF RECORDS IN THE SYSTEM:

Names, addresses, social security account numbers, statements of claims and analyses thereof, investigatory reports, opinions of law, and pleadings, motions, depositions, rulings, opinions, citation particulars (description of vehicle, date of birth, physical characteristics, driving permit or license data, vehicle license data, etc.), and other litigation and claims documentation.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

5 U.S.C. 301; 44 U.S.C. 31101; 42 U.S.C. 3211; 31 U.S.C. 240; 28 U.S.C. 533-535 and 1346(b); 15 U.S.C. 277 and 278e(b); E.O. 10450; E.O. 11478, as amended and all other authorities of the Department.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND PURPOSES OF SUCH USES:

The names, social security numbers, home address and salary may be disclosed to the appropriate federal, state, or local agency responsible for investigating, prosecuting, enforcing, or implementing a statute, rule, regulation, or order, where the disclosing agency becomes aware of an indication of a violation or potential violation of civil or criminal law or regulation; to a congressional office from the record of an individual in response to an inquiry from that congressional office made at the request of that individual; to an authorized appeal grievance examiner, formal complaints examiner, administrative judge, equal employment opportunity investigator, arbitrator or other duly authorized official engaged in investigation or settlement of a grievance, complaint or appeal filed by an employee; 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.

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM:

STORAGE:

Paper records in file folders and electronic records in computer files.

RETRIEVABILITY:

Filed alphabetically by name or numerically by complaint number.

SAFEGUARDS:

Records are located in lockable metal file cabinets or in metal file cabinets in secured rooms or secured premises with access limited to those whose official duties require access. Access to electronic files is limited to those whose official duties require access.

RETENTION AND DISPOSAL:

Records are disposed of according to unit's Record Control Schedule.

SYSTEM MANAGER(S) AND ADDRESS:

For records at location a.: Associate Director for Administration Bureau of the Census, Federal Building 3, Washington, DC 20233.

For records at location b.: Director, Officer of Administrative Support, International Trade Administration, U.S. Department of Commerce, Washington, DC 20230.

For records at location c.: Chief Counsel, Economic Development Administration, U.S. Department of Commerce, 14th and Constitution Avenue, NW, Washington, DC 20230.

For records at location d.: For matters involving NBS other than personal property loss claims and violations of traffic and grounds regulations: Legal Adviser, National Bureau of Standards, Washington, DC 20234. For matters involving violations of traffic and grounds regulations; Chief, Facilities Services Division, National Bureau of Standards, Supply and Plant Building, Washington, DC 20234. For matters involving personal property loss claims: Staff Officer, Office Management Division, National Bureau of Standards, Washington, DC 20234.

For records at location f.: Associate Director for Financial and Administrative Management, National Technical Information Service, Springfield, VA 22161.

For records at location g.: Chief Counsel and Director of Administration (for their respective portions), National Telecommunications and Information Administration, U.S. Department of Commerce, 1800 G Street, NW, Washington, DC 20504.

For records at location h.: Solicitor, U.S. Patent and Trademark Office, Washington, DC 20231.

For records at location i.: Chief Compliance Division, Office of Civil Rights, U.S. Department of Commerce, Washington, DC 20230.

For records at location e, f and j.: General Counsel, U.S. Department of Commerce, Washington, DC 20230.

NOTIFICATION PROCEDURE:

For records at location a.: Information may be obtained from: Associate Director for Administration, Bureau of the Census, Federal Building 3, Washington, DC 20233.

For records at location b., information may be obtained from: Privacy Act Office, Office of Management and Systems, ITA, Room 3102, U.S. Department of Commerce, Washington, DC 20230.

For records at location c., information may be obtained from: Director, Office of Public Affairs, EDA, U.S. Department of Commerce, Washington, DC 20230.

For records at location d.: Information may be obtained from: Deputy Director of Administration, Room A1105, Administration Building, National Bureau of Standards, Washington, DC 20234;

For records at location e.: Information may be obtained from: Assistant Administrator for Management and Budget, National Oceanic and Atmospheric Administration, 6010 Executive Boulevard, Rockville, Maryland 20852.

For records at location f.: Information may be obtained from: Associate Director for Financial and Administrative Management, National Technical Information Service, Springfield, VA 22161.

For records at location g.: Information may be obtained from: Privacy Officer, National Telecommunications and Information Administration, U.S. Department of Commerce, 1800 G Street, NW, Washington, DC 20504.

For records at location h.: Information may be obtained from: Assistant Commissioner for Administration, U.S. Patent and Trademark Office, Washington, DC 20231.

For records at location i.: Information may be obtained from: Chief, Compliance Division, Office of Civil Rights, U.S. Department of Commerce, Washington, DC 20230.

For records at location j.: Information may be obtained from: Director, Office of Organization and Management Systems, U.S. Department of Commerce, Washington, DC 20230.

Requester should provide name, address, social security number, case number, date of claim, organization unit in which employed, as appropriate, pursuant to the inquiry provisions which appear in 15 CFR part 4b.

RECORD ACCESS PROCEDURES:

Requests 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.

RECORD SOURCE CATEGORIES:

Subject claimant or plaintiff; those authorized by the foregoing to furnish information; and, whatever sources pertinent to the nature of the case.

SYSTEM EXEMPTIONS FROM CERTAIN PROVISIONS OF THE ACT:

Pursuant to 5 U.S.C. 552a (k)(1), (k)(2) and (k)(5), all investigatory material and material subject to the provisions of 5 U.S.C. 552(b)(1) in the record which meets the criteria of these sub-sections is exempted from the notice, access, and contest requirements (under 5 U.S.C. 552a (c)(3), (d), (e)(1), (e)(4)(G), (H), and (I), and (f)) of the agency regulations because of the necessity to exempt this information and material in order to prevent disclosure of classified information as required by Executive Order 12065 in the interest of the national defense and foreign policy and in order for the Department's legal staff to properly perform its functions.

FEDERAL REGISTER HISTORY:
65 FR 21168	May 22, 2000	Notice of Proposed Amendment to Privacy Act System of Records