[Federal Register Volume 67, Number 212 (Friday, November 1, 2002)]
[Notices]
[Pages 66607-66608]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-27818]


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DEPARTMENT OF COMMERCE

Office of the Secretary

[Docket No.: 021023246-2246-01]


Privacy Act of 1974; System of Records

AGENCY: Office of Administration, Office of the Secretary, Department 
of Commerce.

ACTION: Notice and request for comments.

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SUMMARY: In accordance with the Privacy Act (5 U.S.C. 552a(e)(4) and 
(11)), the Department of Commerce is issuing notice of our intent to 
amend the system of records entitled Commerce/Census-2, ``Employee 
Productivity Measurement Records.'' We invite public comment on the 
proposed change in this publication.

DATES: The amendments will become effective as proposed without further 
notice on December 2, 2002.
    Comment Date: To be considered, written comments must be submitted 
on or before December 2, 2002.

ADDRESSES: Comments may be mailed to Gerald W. Gates, Chief, Policy 
Office, U.S. Census Bureau, Washington, DC 20233.

SUPPLEMENTARY INFORMATION: The amendment updates administrative 
information concerning the locations of the system files, the 
categories of individuals covered by the system, the purpose of the 
system of records, and the disposal of the records in the system in 
addition to other minor administrative updates.
    Accordingly, the Employee Productivity Measurement Records system 
notice originally published at 45 FR 82105, December 12, 1980, is 
amended by the addition of the following information updates.

Commerce/Census-2

System Location:
    Strike ``and Bureau of the Census, Personal Census Service Branch, 
Pittsburg, Kansas 66762.'' Before ``1201'' insert ``National Processing 
Center,''. Strike the remainder of the paragraph after ``Also at the 
following Census Regional Offices:'' and insert ``101 Marietta Street, 
NW., Suite 3200, Atlanta, Georgia 30303-2700; 2 Copley Place, Suite 
301, P.O. Box 9108, Boston, Massachusetts 02117-9108; 901 Center Park 
Drive, Suite 106, Charlotte, North Carolina 28217-2935; 2255 Enterprise 
Drive, Suite 5501, Chicago, Illinois 60154; 6303 Harry Hines Boulevard, 
Suite 210, Dallas, Texas 75235-2569; 6900 West Jefferson Avenue, Suite 
100,

[[Page 66608]]

Denver, Colorado 80235-2032; 1395 Brewer Park Boulevard, Detroit, 
Michigan 48207; Gateway Tower II, 400 State Avenue, Suite 600, Kansas 
City, Kansas 66101-2410; 15359 Sherman Way, Suite 300, Van Nuys, 
California 91406-4224; Jacob K. Javits Federal Building, 26 Federal 
Plaza, Room 37-130, New York, New York 10278-0044; 21st Floor, 1601 
Market Street, Philadelphia, Pennsylvania 19103-2395; 700 5th Avenue, 
Suite 5100, Seattle, Washington, 98104-5018.''

Categories of individuals covered by the system:
    Insert ``Bureau'' between ``Census'' and employees.''

Categories of records in the system:
    After ``percent performance,'' insert ``percent of time or standard 
(incentive coverage),''.

Authority for maintenance of the system:*
Purpose(s):
    Add ``The purpose of this system of records is to determine 
employee performance and work group productivity, to improve workforce 
performance, and to evaluate the cost effectiveness of the programs 
that the Bureau manages.''

Routine uses of records maintained in the system, including categories 
of users and the purposes of such uses:
    (1) 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 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.
    (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 
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.
    (7) 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).
    (8) 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).
    (9) 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.
    (10) 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 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.

Policies and practices for storing, retrieving, accessing, retaining, 
and disposing of records in the system:
Storage:
     After ``paper copy'' add: ``and electronic records'.

Retrievability:*
Safeguards:
    Insert ``s'' at the end of the word ``Tape''; insert ``and'' after 
``Tapes''; insert ``and'' before ``sensitive''; insert ``are'' between 
``materials'' and ``held''.

Retention and disposal:
    Change ``Records'' to ``records'', and insert before ``records'' 
the following: ``In accordance with the General Records Schedule and 
Census Bureau records control schedules that are approved by the 
National Archives and Records Administration,''.

Systems manager(s) and address:
    Delete ``Administration.'' Insert ``Field Operations''.

Notification procedure:
    Insert ``Privacy Act'' between ``Department's'' and ``rules.''

Record access procedures:*
Contesting record procedures:*
Records source categories:*
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    * Indicates that there are no changes to that paragraph of the 
notice.

    Dated: October 29, 2002
Brenda Dolan,
Department of Commerce, Freedom of Information/Privacy Act Officer.
[FR Doc. 02-27818 Filed 10-31-02; 8:45 am]
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