﻿<?xml version="1.0" encoding="UTF-8"?>
<pai>
  <agency toc="yes">
    <name>American Battle Monuments Commission</name>
    <abbrev>ABMC</abbrev>
      <previousPubs id="systems" toc="yes">
          <title>Systems of Records Published Between January 2, 2018 and December 31, 2019</title>
      </previousPubs>


      <previouslyPublished>
          <url> https://www.gpo.gov/fdsys/pkg/FR-2018-03-30/pdf/2018-06528.pdf</url>
          <title> ABMC Privacy Program</title>
          <date year="2018" month="3" day="30" />
      </previouslyPublished>



      <section id="abmc1" toc="yes">
<systemNumber>-1</systemNumber>

<subsection type="systemName">Official Personnel Records-ABMC.
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>The American Battle Monuments Commission rescinds the previously published
system of records notices, "ABMC-1, Official Personnel Records", as the related records will be maintained under a newly established system
of records.</p>
</xhtmlContent></subsection> 


</section> 

<section id="abmc2" toc="yes">ABMC-2
<systemNumber>-2</systemNumber>

<subsection type="systemName">General Financial Records-ABMC. </subsection>

<subsection type="systemLocation"><xhtmlContent><p> The American Battle Monuments Commission rescinds the previously published
system of records notices, "ABMC-2, General Financial Records", as the related records will be maintained under a newly established system
of records.
</p>
</xhtmlContent></subsection>


</section>



<section id="abmc3" toc="yes">ABMC-3
<systemNumber>-3</systemNumber>

<subsection type="systemName">Informal Personnel Files-ABMC.</subsection>

<subsection type="systemLocation"><xhtmlContent><p> American Battle Monuments Commission, 4C014 Forrestal Building,
Washington, DC 20314.
</p>
</xhtmlContent></subsection><subsection type="categoriesOfIndividuals"><xhtmlContent><p> Members of the Commission and
employees.
</p>
</xhtmlContent></subsection><subsection type="categoriesOfRecords"><xhtmlContent><p> General personnel information
including position descriptions, training records, performance appraisals, security clearances, employment history,
home address, titles, date of birth, grade and salary, age, social security number, home telephone number, resume,
letters of recommendation, personal qualifications statement or recommendations for performance recognition.
</p>
</xhtmlContent></subsection>


<subsection type="authorityForMaintenance"><xhtmlContent><p> 44 USC 3101.
</p></xhtmlContent></subsection>
<subsection type="routineUses"><xhtmlContent>Routine uses of records maintained in the system, including categories of
users and the purposes of such uses: <p> In house; see appendix.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Paper
</p>
</xhtmlContent></subsection><subsection type="retrievability"><xhtmlContent><p> Manual. Identifier-Name.
</p>
</xhtmlContent></subsection><subsection type="safeguards"><xhtmlContent><p> Filed locked, steel cabinets; records
available to authorized persons only.
</p>
</xhtmlContent></subsection><subsection type="retentionAndDisposal"><xhtmlContent><p> Destroyed after three years of
inactivity.
</p>
</xhtmlContent></subsection><subsection type="systemManager"><xhtmlContent>

<p> Director, Personnel and Administration
</p>
<p> American Battle Monuments Commission
</p>
<p> 4C104 Forrestal Building
</p>
<p> 1000 Independence Avenue, SW
</p>
<p> Washington, DC 20314
</p>
</xhtmlContent></subsection><subsection type="notificationProcedure"><xhtmlContent><p> Contact individual listed
above.
</p>
</xhtmlContent></subsection>




<subsection type="recordAccessProcedures"><xhtmlContent><p>ABMC access procedures are
contained in Sec.  407.3 Rules Safeguarding Personal Information in ABMC Records.
</p>
</xhtmlContent></subsection><subsection type="contestingRecordProcedures"><xhtmlContent><p> Contesting record
procedures are contained in Sec.  407.9.
</p>
</xhtmlContent></subsection><subsection type="recordSourceCategories"><xhtmlContent><p> Individual himself; education
institution; previous employers; letters of recommendations named by individual himself.
</p></xhtmlContent></subsection>
</section>


<section id="abmc4" toc="yes">
<systemNumber>-4</systemNumber>

<subsection type="systemName">Conflict of Interest Filed-ABMC. </subsection>

<subsection type="systemLocation"><xhtmlContent><p> American Battle Monuments Commission, 4C014 Forrestal Building,
1000 Independence Ave., SW, Washington, DC 20314.
</p>
</xhtmlContent></subsection>









<subsection type="categoriesOfIndividuals"><xhtmlContent><p> ABMC employees.
</p>
</xhtmlContent></subsection><subsection type="categoriesOfRecords"><xhtmlContent><p> Title: 'Confidential Report of
Employment and Financial Interests' required of certain employees contains a statement of the financial interests of
the employee and the members of his immediate family and the employment of the immediate family or any other
employment by the ABMC employee.
</p>
</xhtmlContent></subsection><subsection type="authorityForMaintenance"><xhtmlContent><p> 44 USC 3101.
</p></xhtmlContent></subsection>
<subsection type="routineUses"><xhtmlContent><p>
In house; see appendix.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent>
<p>Storage:</p><p> Paper.
</p>
</xhtmlContent></subsection><subsection type="retrievability"><xhtmlContent><p> Manual. Identifier-Name.
</p>
</xhtmlContent></subsection><subsection type="safeguards"><xhtmlContent><p> Filed in locked, steel cabinets; records
available to authorized persons only.
</p>
</xhtmlContent></subsection><subsection type="retentionAndDisposal"><xhtmlContent><p> Destroyed after two years of
inactivity.
</p>
</xhtmlContent></subsection>









<subsection type="systemManager"><xhtmlContent><p> Director, Personnel and Administration
</p>
<p> American Battle Monuments Commission
</p>
<p> 4C104 Forrestal Building
</p>
<p> 1000 Independence Avenue, SW
</p>
<p> Washington, DC 20314
</p>
</xhtmlContent></subsection><subsection type="notificationProcedure"><xhtmlContent><p> Contact individual listed
above.
</p>
</xhtmlContent></subsection><subsection type="recordAccessProcedures"><xhtmlContent><p> ABMC access procedures are
contained in Sec.  407.3 Rules Safeguarding Personal Information in ABMC records.
</p>
</xhtmlContent></subsection>




<subsection type="contestingRecordProcedures"><xhtmlContent><p>Contesting Record
Procedures are contained in Sec.  407.9.
</p>
</xhtmlContent></subsection><subsection type="recordSourceCategories"><xhtmlContent><p> Individual himself and people
named by individual to supply information.
</p></xhtmlContent></subsection>
</section>




<section id="abmc5" toc="yes">
<systemNumber>-5</systemNumber>
<subsection type="systemName">Fund Raising Solicitation Files.
</subsection>
<subsection type="securityClassification"><xhtmlContent><p>Security classification:</p>

<p> None.
</p></xhtmlContent></subsection>







<subsection type="systemLocation"><xhtmlContent>
<p> American Battle Monuments Commission, Courthouse Plaza II, Suite 500, 2300 Clarendon Boulevard, Arlington, VA
22201.
</p></xhtmlContent></subsection>






<subsection type="categoriesOfIndividuals"><xhtmlContent>
<p>Individuals who respond to requests for contributions to the National World War II Memorial.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p> Records documenting contributions, gift acknowledgments and
information provided by contributors in memory of the national effort that led to victory in World War II.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p> 36 U.S.C. 121, et. seq., generally and Pub. L. 103-32.
</p></xhtmlContent></subsection>








<subsection type="purpose"><xhtmlContent><p> Records are maintained for the purpose of raising funds for the
construction
of the National World War II Memorial
authorized by Pub. L. 103 -32.
</p></xhtmlContent></subsection>








<subsection type="routineUses"><xhtmlContent><p>A record maintained in this system of records may be disseminated as a
routine use of such record as follows:
</p>
<p> (1) The names, addresses and other information voluntarily provided by contributors and maintained in this system
are used to by the Commission to solicit funds from private sources for the construction of the National World War II
Memorial authorized by Pub. L. 103 -32 and to acknowledge such contributions.
</p>
<p> (2) The records may be made available to contractors or other agents of the Commission in the course of
comprehensive fund raising efforts.
</p>
<p> (3) A record may be disclosed in response to a court subpoena, to appropriate parties engaged in litigation or in
preparation of possible litigation such as potential witnesses for the purpose of securing their testimony when
necessary to courts, magistrate or administrative tribunals, to parties and their attorneys for the purposes of
proceeding with litigation or settlement of disputes, to individuals seeking information by using establishing
discovery procedures, whether in connection with civil, criminal or regulatory proceedings.
</p>
<p> (4) A record pertaining to an individual may be disclosed to a congressional office, in response to an inquiry
which such congressional office presents as being made on behalf of, and at the request of, that individual.
</p>
<p> (5) to facilitate processing Freedom of Information and Privacy Act requests for these records, information may be
disclosed to another Federal agency to (a) permit a decision as to access, amendment or correction of records to be
made in consultation with or by that agency, or (b) verify the identity of an individual or the accuracy of
information submitted by an individual who has requested access to, or amendment or correction of records;
</p>
<p> (6) information may be released to the news media and the public unless it is determined that release would
constitute an unwarranted invasion of personal privacy;
</p>
<p> (7) a record may be disclosed to the National Archives and Records Administration and the General Services
Administration in records management inspections conducted under the authority of 44 U.S.C. 2904 and 2906.
</p></xhtmlContent></subsection>









<subsection type="policiesAndPractices"><xhtmlContent>
<p>Storage:</p>

<p> Manual records are stored in file cabinets and on index cards. Automated records are stored on magnetic disks. The
disks are stored on the premises of the Commission or a firm contracted by the Commission in a room designated as a
disk library. Two hard copy printouts of the tapes are retained by the Commission or a firm contracted by the
Commission in metal cabinets with key locks.
</p></xhtmlContent></subsection>





<subsection type="Retrievability"><xhtmlContent>

<p>The records are maintained in alphabetical order.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent>
<p> Records are maintained by the Commission or its contractor so as to permit access only to employees or others
acting on behalf of the Commission who have a need to know in connection with their duties.
</p></xhtmlContent></subsection>






<subsection type="retentionAndDisposal">
<xhtmlContent><p> The records are updated as contributions are made, or as additional information is otherwise
received from
contributors and obsolete names and related information is deleted.
</p>
</xhtmlContent></subsection>



<subsection type="systemManager"><xhtmlContent>

<p>Director, Personnel and Administration, American Battle Monuments Commission, Courthouse Plaza II, Suite 500, 2300
Clarendon Boulevard Arlington, VA 22201
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent>

<p> Contact the system manager listed above.
</p></xhtmlContent></subsection>




<subsection type="recordAccessProcedures"><xhtmlContent>
<p> Submit in writing all requests for access to the system manager identified above. Clearly mark the envelope and
letter "FOI/PA Request"  and provide a return address. The subject of the record should also provide his/her full name
and notarized signature, date and place of birth, or other information which may assist in locating the records
sought.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent>
<p> Individuals desiring to contest or amend information maintained in the system should direct their request to the
system manager listed above. The request should clearly state what information is being contested, the reasons for
contesting it, and the proposed amendment to the information sought.
</p></xhtmlContent></subsection>









<subsection type="recordSourceCategories"><xhtmlContent>
<p> Information is obtained from individuals voluntarily making contributions to the National World War II Memorial or
providing information on individuals who contributed to the war effort.
</p></xhtmlContent></subsection></section>





 <appendix id="Appendix" toc="yes">
	    <title>American Battle Monuments Commission</title><xhtmlContent><p> 1. In the event that a system of
	    records maintained by this agency to carry out its functions
indicates a violation or potential violation of law, whether civil, criminal or regulatory in nature, and whether
arising by general statute or particular program statute, or by regulation, rule or order issued pursuant thereto, the
relevant records in the system or 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 rule, regulation or order issued pursuant thereto.
</p>
<p> 2. A record from this system of records may be disclosed as a 'routine use' 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 an agency decision concerning the hiring or retention of an
employee, the issuance of a security clearance, the letting of a contract or the issuance of a license, grant or other
benefit.
</p>
<p> 3. A record from this system of records may be disclosed to a federal agency, in response to its request, in
connection with the hiring or retention of an employee, the issuance of a security clearance, the reporting of an
investigation of an employee, the letting of a contract, or the issuance of a license, grantor or other benefit by the
requesting agency, to the extent that the information is relevant and necessary to the requesting agency's decision in
the matter.
</p>
<p> 4. A record from this system of records may be disclosed to an authorized appeal grievance examiner, formal
complaints examiner, 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. A record from this system of
records may be disclosed to the United States Civil Service Commission in accordance with the agency's responsibility
for evaluation and oversight of federal personnel management.
</p>
<p> 5. A record from this system of records may be disclosed to officers and employees of a federal agency for
purposes of audit.

</p></xhtmlContent>

</appendix>

      <section id="abmc6" toc="yes">
          <systemNumber>-6</systemNumber>
          <subsection type="systemName">
              Fund Raising Solicitation Files.Personnel and Payroll System.
      </subsection>
      <subsection type="securityClassification">
      <xhtmlContent>
          
              <p>Unclassified.</p>
      </xhtmlContent>
          </subsection>
          <subsection type="systemLocation">
              <xhtmlContent>
                  <p>The ABMC-6, Personnel and Payroll System, system of records is centrally managed by the American Battle Monuments Commission, 2300 Clarendon Boulevard, Suite 500, Arlington, VA  22201-3367.  Electronic payroll and personnel records processed through the FPPS under a shared service agreement with DOI are located at the U.S. Department of the Interior, Interior Business Center, Human Resources and Payroll Services, 7301 W Mansfield Ave. MS D-2000 Denver, CO 80235.</p>
              </xhtmlContent>
          </subsection>
          <subsection type="systemManager">
              <xhtmlContent>
                  <p>Chief Human Resources, American Battle Monuments Commission, 2300 Clarendon Boulevard, Suite 500, Arlington, VA 22201.</p>
              </xhtmlContent>
          </subsection>
          <subsection type="authorityForMaintenance">
              <xhtmlContent>
                  <p>36 U.S.C 2102; 5 U.S.C. Chapter 55; 5 C.F.R. Part 293; and Executive Order 9397 as amended by Executive Order 13478, relating to Federal agency use of Social Security numbers.</p>
              </xhtmlContent>
          </subsection>
          <subsection type="purpose">
              <xhtmlContent>
                  <p>The purpose of the system is to allow ABMC to collect and maintain records on current and former employees to ensure proper payment for salary and benefits, and to track time worked, leave, or other absences for reporting and compliance purposes.</p>
              </xhtmlContent>
          </subsection>
          <subsection type="categoriesOfIndividuals">
              <xhtmlContent>
                  <p>The system maintains records concerning current and former ABMC employees, including volunteers and emergency employees, and limited information regarding employee spouses, dependents, emergency contacts, or in the case of an estate, a trustee who meets the definition of "individual" as that term is defined in the Privacy Act. The Privacy Act defines an individual as a United States citizen or an alien lawfully admitted for permanent residence.  Although ABMC employs U.S. citizens, lawful permanent residents, and nationals from foreign countries, the ABMC-6 system of records only maintains records concerning ABMC employees who are U.S. citizens and lawful permanent residents.</p>
              </xhtmlContent>
          </subsection>
          <subsection type="categoriesOfRecords">
              <xhtmlContent>
                  <p>This system maintains records including:</p>
                  <p>•Employee biographical and employment information:  employee name, other names used, citizenship, gender, date of birth, group affiliation, marital status, Social Security number (SSN), truncated SSN, legal status, place of birth, records related to position, occupation, duty location, security clearance, financial information,  medical information, disability information, education information, driver’s license, race/ethnicity, personal telephone number, personal email address, military status/service, mailing/home address, Taxpayer Identification Number, bank account information, professional licensing and credentials, family relationships, age, involuntary debt (garnishments or child support payments), employee common identifier (ECI), user identification and any other employment information.</p>
                  <p>•Third-party information:  spouse information, emergency contact, beneficiary information, savings bond co-owner name(s) and information, family members and dependents information.</p>
                  <p>•Salary and benefits information:  salary data, retirement data, tax data, deductions, health benefits, deductions, allowances, union dues, insurance data, Flexible Spending Account, Thrift Savings Plan contributions, pay plan, payroll records, awards, court order information, back pay information, debts owed to the government as a result of overpayment, refunds owed, or a debt referred for collection on a transferred employee or emergency worker.</p>
                  <p>•Timekeeping information:  time and attendance records, leave records,</p>
                  <p>The system may also maintain records including other information required to administer payroll, leave, and related functions.</p>
              </xhtmlContent>
          </subsection>
          <subsection type="recordSourceCategories">
              <xhtmlContent>
                  <p> Information is obtained from individuals on whom the records are maintained, official personnel records of individuals on whom the records are maintained, supervisors, timekeepers, previous employers, the Internal Revenue Service and state tax agencies, the Department of the Treasury, other Federal agencies, courts, state child support agencies, employing agency accounting offices, and third-party benefit providers.</p>
              </xhtmlContent>
          </subsection>
          <subsection type="routineUsesOfRecords">
              <xhtmlContent>
                  <p>In addition to those disclosures generally permitted under 5 U.S.C. 552a(b) of the Privacy Act, all or a portion of the records or information maintained in this system may be disclosed to authorized entities outside ABMC for purposes determined to be relevant and necessary as a routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:</p>
                  <p>A.  To the Department of Justice (DOJ), including Offices of the U.S. Attorneys, or other Federal agencies conducting litigation or in proceedings before any court, adjudicative, or administrative body, when it is relevant or necessary to the litigation and one of the following is a party to the litigation or has an interest in such litigation:</p>
                  <p>(1) ABMC;</p>
                  <p>(2) Any employee or former employee of ABMC in his or her official capacity;</p>
                  <p>(3)  Any employee or former employee of ABMC in his or her individual capacity when DOJ or ABMC has agreed to represent the employee; or</p>
                  <p>(4) The U.S. Government or any agency thereof.</p>
                  <p>B. To a congressional office in response to a written inquiry that an individual covered by the system, or the heir of such individual if the covered individual is deceased, has made to the office.</p>
                  <p>C. To the Office of Management and Budget (OMB) during the coordination and clearance process in connection with legislative affairs as mandated by OMB Circular A-19.</p>
                  <p>D. To other Federal agencies who provide payroll and personnel processing services under a cross-servicing agreement for purposes relating to ABMC employee payroll and personnel processing.</p>
                  <p>E. To another federal agency as required for payroll purposes, including to the Department of the Treasury for preparation of payroll and to issue checks and electronic funds transfer.</p>
                  <p>F.  To the Office of Personnel Management, the Merit System Protection Board, Federal Labor Relations Authority, or the Equal Employment Opportunity Commission when requested in the performance of their authorized duties.</p>
                  <p>G. To appropriate Federal and state agencies to provide reports including data on unemployment insurance.</p>
                  <p>H. To State offices of unemployment compensation to assist in processing an individual’s unemployment, survivor annuity, or health benefit claim, or for records reconciliation purposes.</p>
                  <p>I. To Federal Employee's Group Life Insurance or Health Benefits carriers in connection with survivor annuity or health benefits claims or records reconciliations.</p>
                  <p>J. To the Internal Revenue Service and State and local tax authorities for which an employee is or was subject to tax regardless of whether tax is or was withheld in accordance with Treasury Fiscal Requirements, as required.</p>
                  <p>K. To the Internal Revenue Service or to another Federal agency or its contractor to disclose debtor information solely to aggregate information for the Internal Revenue Service to collect debts owed to the Federal government through the offset of tax refunds.</p>
                  <p>L. To any creditor Federal agency seeking assistance for the purpose of that agency implementing administrative or salary offset procedures in the collection of unpaid financial obligations owed the United States Government from an individual.</p>
                  <p>M. To any Federal agency where the individual debtor is employed or receiving some form of remuneration for the purpose of enabling that agency to collect debts on the employee's behalf by administrative or salary offset procedures under the provisions of the Debt Collection Act of 1982.</p>
                  <p>N. To the Internal Revenue Service, and state and local authorities for the purposes of locating a debtor to collect a claim against the debtor.</p>
                  <p>O. To any source from which additional information is requested by ABMC relevant to an ABMC determination concerning an individual's pay, leave, or travel expenses, to the extent necessary to identify the individual, inform the source of the purpose(s) of the request, and to identify the type of information requested.</p>
                  <p>P. To the Social Security Administration and the Department of the Treasury to disclose pay data on an annual basis.</p>
                  <p>Q. To the Social Security Administration to credit the employee or emergency worker account for Old-Age, Survivors, and Disability Insurance (OASDI) and Medicare deductions.</p>
                  <p>R. To the Federal Retirement Thrift Investment Board's record keeper, which administers the Thrift Savings Plan, to report deductions, contributions, and loan payments.</p>
                  <p>S. To a Federal agency or in response to a congressional inquiry when additional or statistical information is requested relevant to the ABMC Transit Fare Subsidy Program.</p>
                  <p>T. To the Department of Health and Human Services for the purpose of providing information on new hires and quarterly wages as required under the Personal Responsibility and Work Opportunity Reconciliation Act of 1996.</p>
                  <p>U. To the Office of Child Support Enforcement, Administration for Children and Families, Department of Health and Human Services for the purposes of locating individuals to establish paternity; establishing and modifying orders of child support; identifying sources of income; and for other child support enforcement actions as required by the Personal Responsibility and Work Opportunity Reconciliation Act (Welfare Reform Law, Pub. L. 104-193).</p>
                  <p>V. To the Office of Personnel Management or its contractors in connection with programs administered by that office, including, but not limited to, the Federal Long Term Care Insurance Program, the Federal Dental and Vision Insurance Program, the Flexible Spending Accounts for Federal Employees Program, and the electronic Human Resources Information Program.</p>
                  <p>W. To charitable institutions, when an employee designates an institution to receive contributions through salary deduction.</p>
                  <p>X. To any criminal, civil, or regulatory law enforcement authority (whether Federal, state, territorial, local, tribal or foreign) when a record, either alone or in conjunction with other information, indicates a violation or potential violation of law – criminal, civil, or regulatory in nature.</p>
                  <p>Y. To the National Archives and Records Administration (NARA) to conduct records management inspections under the authority of 44 U.S.C. 2904 and 2906.</p>
                  <p>Z. To an expert, consultant, grantee, or contractor (including employees of the contractor) of ABMC that performs services requiring access to these records on ABMC’s behalf to carry out the purposes of the system, including employment verifications, unemployment claims, and W-2 services.</p>
                  <p>AA.  To the Department of Labor for processing claims for employees, emergency workers, or volunteers injured on the job or claiming occupational illness.</p>
                  <p>BB.  To appropriate agencies, entities, and persons when:</p>
                  <p>(1) ABMC suspects or has confirmed that there has been a breach of the system of records,</p>
                  <p>(2) ABMC has determined that as a result of the suspected or confirmed breach there is</p>
                  <p>a risk of harm to individuals, ABMC (including its information systems, programs, and operations), the Federal Government, or national security; and</p>
                  <p>(3) The disclosure made to such agencies, entities, and persons is reasonably necessary to assist in connection with ABMC’s efforts to respond to the suspected or confirmed breach or to prevent, minimize, or remedy such harm.</p>
                  <p>CC. To another Federal agency or Federal entity, when ABMC determines that information from this system of records is reasonably necessary to assist the recipient agency or entity in:</p>
                  <p>(1) responding to a suspected or confirmed breach; or</p>
                  <p>(2) preventing, minimizing, or remedying the risk of harm to individuals, the recipient agency or entity (including its information systems, programs, and operations), the Federal Government, or national security, resulting from a suspected or confirmed breach.</p>
                  <p>DD. To another Federal agency to provide information needed in the performance of official duties related to reconciling or reconstructing data files or to enable that agency to respond to an inquiry by the individual to whom the record pertains.</p>
                  <p>EE. To Federal, state, territorial, local, tribal, or foreign agencies that have requested information relevant or necessary to the hiring, firing or retention of an employee or contractor, or to the issuance of a security clearance, license, contract, grant or other benefit.</p>
                  <p>FF. To an agency or organization for the purpose of performing audit or oversight operations as authorized by law, but only such information as is necessary and relevant to such audit or oversight function.</p>
                  <p>GG.  In an appropriate proceeding before a court, grand jury, or administrative or adjudicative body, when the Department of Justice determines that the records are arguably relevant to the proceeding; or in an appropriate proceeding before an administrative or adjudicative body when the adjudicator determines the records to be relevant to the proceeding.</p>
                  <p>HH. To the news media and  the public, with the approval of the Agency Privacy Officer in consultation with counsel, when there exists a legitimate public interest in the disclosure of the information or when disclosure is necessary to preserve confidence in the integrity of ABMC or is necessary to demonstrate the accountability of ABMC's officers, employees, or individuals covered by the system, except to the extent it is determined that release of the specific information in the context of a particular case would constitute an unwarranted invasion of personal privacy.</p>
              </xhtmlContent>
          </subsection>
          <subsection type="policiesAndPractices">
              <xhtmlContent>
                  <p>Paper records are maintained in file folders stored within locking filing cabinets or locked rooms in secured facilities with controlled access.  Electronic records are stored in computers, removable drives, storage devices, electronic databases, and other electronic media under the control of ABMC, and in other Federal agency systems pursuant to interagency sharing agreements.</p>
              </xhtmlContent>
          </subsection>
          <subsection type="retrievability">
              <xhtmlContent>
                  <p>Records may be retrieved by name, SSN, ECI, birth date, organizational code, or other assigned person.</p>
              </xhtmlContent>
          </subsection>
          <subsection type="retentionAndDisposal">
              <xhtmlContent>
                  <p>Records are maintained in accordance with General Records Schedule (GRS) 1.0 "Finance", and GRS 2.0 "Human Resources", which are approved by the National Archives and Records Administration.    The system generally maintains temporary records, and retention periods vary based on the type of record under each item and the needs of the agency.  Paper records are disposed of by shredding or pulping, and records maintained on electronic media are degaussed or erased in accordance with the applicable records retention schedule and NARA guidelines.</p>
              </xhtmlContent>
          </subsection>
          <subsection type="safeguards">
              <xhtmlContent>
                  <p>The records maintained in this system are safeguarded in accordance with ABMC security and privacy rules and policies.  During normal hours of operations, paper records are maintained in locked files cabinets under the control of authorized personnel.  Information technology systems follow the National Institute of Standards and Technology privacy and security standards developed to comply with the Privacy Act of 1974 as amended, 5 U.S.C. 552a; the Paperwork Reduction Act of 1995, Pub. L. 104-13; the Federal Information Security Modernization Act of 2014, Pub L. 113-283, as codified at 44 U.S.C. 3551 et seq.; and the Federal Information Processing Standard 199, Standards for Security Categorization of Federal Information and Information Systems.  Computer servers on which electronic records are stored are located in secured ABMC and DOI facilities with physical, technical and administrative levels of security to prevent unauthorized access to the ABMC and DOI network and information assets.  Security controls include encryption, firewalls, audit logs, and network system security monitoring.   Electronic data is protected through user identification, passwords, database permissions and software controls.  Access to records in the system is limited to authorized personnel who have a need to access the records in the performance of their official duties, and each person’s access is restricted to only the functions and data necessary to perform that person’s job responsibilities.  System administrators and authorized users for both ABMC and DOI are trained and required to follow established internal security protocols and must complete all security, privacy, and records management training, and sign Rules of Behavior for each agency.</p>
              </xhtmlContent>
          </subsection>
          <subsection type="recordAccessProcedures">
              <xhtmlContent>
                  <p>An individual may request records on himself or herself by sending a signed, written inquiry to American Battle Monuments Commission, Office of the General Counsel, 2300 Clarendon Boulevard, Suite 500, Arlington VA 22201, or by calling the Office of the General Counsel at (703) 696-6902 on business days, between the hours of 9 a.m. and 5 p.m., to schedule an appointment to make such a request in person.  Requests for records access must meet the requirements of ABMC Privacy Act regulations at 36 C.F.R. Part 407.</p>
              </xhtmlContent>
          </subsection>
          <subsection type="contestingRecordProcedures">
              <xhtmlContent>
                  <p>An individual requesting amendment or correction of his or her records should send a signed, written request to American Battle Monuments Commission, Office of the General Counsel, 2300 Clarendon Boulevard, Suite 500, Arlington VA 22201.  Requests for amendment or correction must meet the requirements of ABMC Privacy Act regulations at 36 C.F.R. Sections 407.6 and 407.7.</p>
              </xhtmlContent>
          </subsection>
          <subsection type="notificationProcedure">
              <xhtmlContent>
                  <p>An individual may inquire whether this system of records maintains records about him or her by sending a signed, written inquiry to American Battle Monuments Commission, Office of the General Counsel, 2300 Clarendon Boulevard, Suite 500, Arlington VA 22201, or by calling the Office of the General Counsel at (703) 696-6902 on business days, between the hours of 9 a.m. and 5 p.m., to schedule an appointment to make such a request in person.  Requests for notifications must meet the requirements of ABMC Privacy Act regulations at 36 C.F.R. Part 407.</p>
                  
                  </xhtmlContent>
          </subsection>
          <subsection type="exemptionsClaimed">
              <xhtmlContent>
                  <p>None.</p>
                
                  </xhtmlContent>
          </subsection>
          <subsection type="history">
              <xhtmlContent>
                  <p> None.</p>
              </xhtmlContent>
          </subsection>


      </section>



      <regulations id="reg" toc="yes">
          <regulationsTitle number="36">
              <heading> Parks, Forests, and Public Property</heading>
              <regulationsChapter number="IV">
                  <heading> American Battle Monuments Commission</heading>
                  <regulationsPart number="407">
                      <heading> PROCEDURES AND GUIDELINES FOR COMPLIANCE WITH THE PRIVACY ACT OF 1974</heading>
                     
                          <p>
                              <b>PART 407—PROCEDURES AND GUIDELINES FOR COMPLIANCE WITH THE PRIVACY ACT OF 1974</b>
                              </p>
                                  ________________________________________
                                  <p>
                                      <b>Sec.</b>
                                  </p>
                                  <p>407.1   Purpose and scope of the regulations in this part. </p>
                                  <p>407.2   Definitions. </p>
                                  <p>407.3   Inquiries about ABMC’s systems of records or implementation of the Privacy Act. </p>
                                  <p>407.4   Procedures for acquiring access to ABMC records pertaining to an individual. </p>
                                  <p>407.5   Identification required when requesting access to ABMC records pertaining to an individual. </p>
                                  <p>407.6   Procedures for amending or correcting an individual's ABMC record. </p>
                                  <p>407.7   Procedures for appealing a refusal to amend or correct an ABMC record. </p>
                                  <p>407.8   Fees charged to locate, review, or copy records. </p>
                                  <p>407.9   Procedures for maintaining accounts of disclosures made by ABMC from its systems of records. </p>
                                  ________________________________________
                                  <p><b>Authority:</b> 5 U.S.C. 552a(f).
                                  </p>
                      <p><b>Source:</b> 83 FR 13650, Mar. 23, 2018.
                      </p>
                      
                      <p>
                                      <b>&#167;407.1    Purpose and scope of the regulations in this part. </b>
                                  </p>
                                  <p>The regulations in this part set forth ABMC’s procedures under the Privacy Act, as required by 5 U.S.C. 552a (f), with respect to systems of records maintained by ABMC. The rules in this part apply to all records maintained by ABMC that are retrieved by an individual's name or by some identifying number, symbol, or other identifying particular assigned to the individual.  These regulations establish procedures by which an individual may exercise the rights granted by the Privacy Act to determine whether an ABMC system of records contains a record pertaining to him or her; to gain access to such records; and to request correction or amendment of such records.  These rules should be read together with the Privacy Act, which provides additional information about records maintained on individuals. </p>
                                  <p>
                                      <b>&#167;407.2    Definitions. </b>
                                  </p>
                                  <p>The definitions in subsection (a) of the Privacy Act (5 U.S.C. 552a (a)) apply to this part. In addition, as used in this part: </p>
                                  <p><i>ABMC </i>means the American Battle Monuments Commission.
                                  </p>
                                  <p><i>ABMC system</i>means a system of records maintained by ABMC.
                                  </p>
                                  <p><i>Business day</i>means a calendar day, excluding Saturdays, Sundays, and legal public holidays.
                                  </p>
                                  <p><i>General Counsel </i>means the General Counsel of ABMC or his or her designee.
                                  </p>
                                  <p><i>Individual </i>means a citizen of the United States or an alien lawfully admitted for permanent residence.
                                  </p>
                                  <p><i>Privacy Act </i>or <i>Act </i>means the Privacy Act of 1974, as amended (5 U.S.C. 552a).
                                  </p>
                                  <p><i>Secretary</i>means the Secretary of ABMC or his or her designee.
                                  </p>
                                  <p><i>You, your,</i> or other references to the reader of the regulations in this part are meant to apply to the individual to whom a record pertains.
                                  </p>
                                  <p>
                                      <b>&#167;407.3    Inquiries about ABMC’s systems of records or implementation of the Privacy Act. </b>
                                  </p>
                                  <p>Inquiries about ABMC's systems of records or implementation of the Privacy Act should be sent to the following address:  American Battle Monuments Commission, Office of the General Counsel, 2300 Clarendon Boulevard, Suite 500, Arlington VA 22201. </p>
                                  <p>
                                      <b>&#167;407.4    Procedures for acquiring access to ABMC records pertaining to an individual. </b>
                                  </p>
                                  <p>The following procedures apply to records that are contained in an ABMC system: </p>
                                  <p> (a) You may request to be notified if a system of records that you name contains records pertaining to you, and to review any such records, by writing to the Office of the General Counsel (see §407.3). You also may call the Office of the General Counsel at (703) 696-6902 on business days, between the hours of 9 a.m. and 5 p.m., to schedule an appointment to make such a request in person. A request for records should be presented in writing and should identify specifically the ABMC system(s) involved.  Your request to access records pertaining to you will be treated as a request under both the Privacy Act, as implemented by this part, and the Freedom of Information Act (5 U.S.C. 552), as implemented by part 404 of this title (36 CFR 404.1 through 404.10). </p>
                                  <p> (b) Access to the records, or to any other information pertaining to you that is contained in the system, shall be provided if the identification requirements of §407.5 are satisfied and the records are determined otherwise to be releasable under the Privacy Act and these regulations.  ABMC shall provide you an opportunity to have a copy made of any such records about you. Only one copy of each requested record will be supplied, based on the fee schedule in §407.8. </p>
                                  <p> (c) ABMC will comply promptly with requests made in person at scheduled appointments, if the requirements of this section are met and the records sought are immediately available. ABMC will acknowledge, within 10 business days, mailed requests or personal requests for records that are not immediately available, and the information requested will be provided promptly thereafter. </p>
                                  <p> (d) If you make your request in person at a scheduled appointment, you may, upon your request, be accompanied by a person of your choice to review your records. ABMC may require that you furnish a written statement authorizing discussion of your records in the accompanying person's presence. A record may be disclosed to a representative chosen by you upon your proper written consent. </p>
                                  <p> (e) Medical or psychological records pertaining to you shall be disclosed to you unless, in the judgment of ABMC, access to such records might have an adverse effect upon you. When such a determination has been made, ABMC may refuse to disclose such information directly to you. ABMC will, however, disclose this information to you through a licensed physician designated by you in writing. </p>
                                  <p> (f) If you are unsatisfied with an adverse determination on your request to access records pertaining to you, you may appeal that determination using the procedures set forth in §407.7(a). </p>
                                  <p>
                                      <b>&#167;407.5    Identification required when requesting access to ABMC records pertaining to an individual. </b>
                                  </p>
                                  <p>ABMC will require reasonable identification of all individuals who request access to records in an ABMC system to ensure that records are disclosed to the proper person. </p><p>
                                      (a) The amount of personal identification required will of necessity vary with the sensitivity of the record involved.  In general, if you request disclosure in person, you will be required to show an identification card, such as a driver's license, containing your photograph and sample signature.  However, with regard to records in ABMC systems that contain particularly sensitive and/or detailed personal information, ABMC reserves the right to require additional means of identification as are appropriate under the circumstances.  These means include, but are not limited to, requiring you to sign a statement under oath as to your identity, acknowledging that you are aware of the criminal penalties for  requesting or obtaining records under false pretenses or falsifying information (see 5 U.S.C. 552a(i)(3); 18 U.S.C. 1001).
                                  </p><p>
                                      (b) If you request disclosure by mail, ABMC will request such information as may be necessary to ensure that you are properly identified and for a response to be sent.  Authorized means to achieve this goal include, but are not limited to, requiring that a mail request include a signed, notarized statement asserting your identity or a statement signed under oath as described in paragraph (a) of this section.
                                  </p>
                                  <p>
                                      <b>&#167;407.6    Procedures for amending or correcting an individual's ABMC record. </b>
                                  </p>
                                  <p> (a) You are entitled to request amendments to or corrections of records pertaining to you that you believe are not accurate, relevant, timely, or complete, pursuant to the provisions of the Privacy Act, including 5 U.S.C. 552a(d)(2).  Such a request should be made in writing and addressed to the Office of the General Counsel (see §407.3). </p><p>
                                      (b) Your request for amendments or corrections should specify the following:
                                  </p><p>
                                      (1) The particular record that you are seeking to amend or correct;
                                  </p><p>
                                      (2) The ABMC system from which the record was retrieved;
                                  </p><p>
                                      (3) The precise correction or amendment you desire, preferably in the form of an edited copy of the record reflecting the desired modification; and
                                  </p><p>
                                      (4) Your reasons for requesting amendment or correction of the record.
                                  </p><p>
                                      (c) ABMC will acknowledge a request for amendment or correction of a record within 10 business days of its receipt, unless the request can be processed and the individual informed of the General Counsel's decision on the request within that 10-day period.
                                  </p><p>
                                      (d) If after receiving and investigating your request, the General Counsel agrees that the record is not accurate, timely, or complete, based on a preponderance of the evidence, then the record will be corrected or amended promptly.  The record will be deleted without regard to its accuracy, if the record is not relevant or necessary to accomplish the ABMC function for which the record was provided or is maintained.  In either case, you will be informed in writing of the amendment, correction, or deletion. In addition, if accounting was made of prior disclosures of the record, all previous recipients of the record will be informed of the corrective action taken.
                                  </p><p>
                                      (e) If after receiving and investigating your request, the General Counsel does not agree that the record should be amended or corrected, you will be informed promptly in writing of the refusal to amend or correct the record and the reason for this decision.  You also will be informed that you may appeal this refusal in accordance with §407.7.
                                  </p><p>
                                      (f) Requests to amend or correct a record governed by the regulations of another agency will be forwarded to such agency for processing, and you will be informed in writing of this referral.
                                  </p>
                                  <p>
                                      <b>&#167;407.7    Procedures for appealing a refusal to amend or correct an ABMC record. </b>
                                  </p>
                                  <p> (a) You may appeal a refusal to amend or correct a record to the Secretary of ABMC. Such appeal must be made in writing within 30 business days of your receipt of the initial refusal to amend or correct your record.  Your appeal should be sent to the Office of the General Counsel (see §407.3), should indicate that it is an appeal, and should include the basis for the appeal. </p><p>
                                      (b) The Secretary will review your request to amend or correct the record, the General Counsel's refusal, and any other pertinent material relating to the appeal.  No hearing will be held.
                                  </p><p>
                                      (c) The Secretary shall render his or her decision on your appeal within 30 business days of its receipt by ABMC, unless the Secretary, for good cause shown, extends the 30-day period.  Should the Secretary extend the appeal period, you will be informed in writing of the extension and the circumstances of the delay.
                                  </p><p>
                                      (d) If the Secretary determines that the record that is the subject of the appeal should be amended or corrected, the record will be so modified, and you will be informed in writing of the amendment or correction.  Where an accounting was made of prior disclosures of the record, all previous recipients of the record will be informed of the corrective action taken.
                                  </p><p>
                                      (e) If your appeal is denied, you will be informed in writing of the following:
                                  </p><p>
                                      (1) The denial and the reasons for the denial;
                                  </p><p>
                                      (2) That you may submit to ABMC a concise statement setting forth the reasons for your disagreement as to the disputed record. Under the procedures set forth in paragraph (f) of this section, your statement will be disclosed whenever the disputed record is disclosed; and
                                  </p><p>
                                      (3) That you may seek judicial review of the Secretary's determination under 5 U.S.C. 552a(g)(1).
                                  </p><p>
                                      (f) Whenever you submit a statement of disagreement to ABMC in accordance with paragraph (e)(2) of this section, the record will be annotated to indicate that it is disputed.  In any subsequent disclosure, a copy of your statement of disagreement will be disclosed with the record.  If ABMC deems it appropriate, a concise statement of the Secretary's reasons for denying your appeal also may be disclosed with the record.  While you will have access to this statement of the Secretary's reasons for denying your appeal, such statement will not be subject to correction or amendment.  Where an accounting was made of prior disclosures of the record, all previous recipients of the record will be provided a copy of your statement of disagreement, as well as any statement of the Secretary's reasons for denying your appeal deemed appropriate.
                                  </p>
                                  <p>
                                      <b>&#167;407.8    Fees charged to locate, review, or copy records. </b>
                                  </p>
                                  <p> (a) ABMC will charge no fees for search time or for any other time expended by ABMC to review a record.  However, ABMC may charge fees where you request that a copy be made of a record to which you have been granted access.  Where a copy of the record must be made in order to provide access to the record (e.g., computer printout where no screen reading is available), the copy will be made available to you without cost. </p><p>
                                      (b) Copies of records made by photocopy or similar process will be charged to you at the rate of $0.15 per page.  Where records are not susceptible to photocopying (e.g., punch cards, magnetic tapes, or oversize materials), you will be charged actual cost as determined on a case-by-case basis.  Copying fees will not be charged if the cost of collecting a fee would be equal to or greater than the fee itself.  Copying fees for contemporaneous requests by the same individual shall be aggregated to determine the total fee.
                                  </p><p>
                                      (c) Special and additional services provided at your request, such as certification or authentication, postal insurance, and special mailing arrangement costs, will be charged to you at the rates set forth in §404.7(e) of this chapter.
                                  </p><p>
                                      (d) You may request that a copying fee not be charged or, alternatively, be reduced, by submitting a written petition to ABMC’s General Counsel (see §407.3) asserting that you are indigent.  If the General Counsel determines, based on the petition, that you are indigent and that ABMC’s resources permit a waiver of all or part of the fee, the General Counsel may, in his or her discretion, waive or reduce the copying fee.
                                  </p><p>
                                      (e) All fees shall be paid before any copying request is undertaken.  Payments shall be made by check or money order payable to “American Battle Monuments Commission.”
                                  </p>
                                  <p>
                                      <b>&#167;407.9    Procedures for maintaining accounts of disclosures made by ABMC from its systems of records. </b>
                                  </p>
                                  <p> (a) The Office of the General Counsel shall maintain a log containing the date, nature, and purpose of each disclosure of a record to any person or to another agency.  Such accounting also shall contain the name and address of the person or agency to whom each disclosure was made.  This log need not include disclosures made to ABMC employees in the course of their official duties, or pursuant to the provisions of the Freedom of Information Act (5 U.S.C. 552). </p><p>
                                      (b) ABMC will retain the accounting of each disclosure for at least five years after the disclosure for which the accounting is made or for the life of the record that was disclosed, whichever is longer.
                                  </p><p>
                                      (c) ABMC will make the accounting of disclosures of a record pertaining to you available to you at your request.  Such a request should be made in accordance with the procedures set forth in §407.4.  This paragraph (c) does not apply to disclosures made for law enforcement purposes under 5 U.S.C. 552a(b)(7).
                                  </p>
                              
          </regulationsPart>
          </regulationsChapter>
          </regulationsTitle>
      </regulations>
  </agency>
</pai>
