﻿<?xml version="1.0" encoding="UTF-8"?>


<pai>
<agency toc="yes">
<name>National Foundation on the Art and the Humanities</name>
<abbrev>
NFAH
</abbrev>
    <previousPubs id="systems" toc="yes">
        <title>Systems of Records Published Between January 2, 2020 and December 31, 2021</title>
    </previousPubs>
    <previouslyPublished>
        <url>https://www.govinfo.gov/content/pkg/FR-2021-02-12/pdf/2021-02879.pdf</url>
        <title>Privacy Act; Systems of Records; Multiple Updates  </title>
        <date year="2021" month="2" day="12" />
    </previouslyPublished>



    <routineUses id="routine" toc="yes">
<xhtmlContent>
<p><b>Statement of General Routine Uses
</b></p><p>The following general routine uses are incorporated by reference into each system of records set forth herein, unless specifically limited in the system description.
</p><p>1. A record may be disclosed as a routine use to a Member of Congress or his or her staff, when the Member of Congress or his or her staff requests the information on behalf of, and at the request of, the individual who is the subject of the record.
</p><p>2. A record may be disclosed as a routine use to designated officers and employees of other agencies and departments of the Federal government having an interest in the subject individual for employment purposes (including the hiring or retention of any employee; the issuance of a security clearance; the letting of a contract; or the issuance of a license, grant, or other benefits by the requesting agency) to the extent that the information is relevant and necessary to the requesting agency's decision on the matter involved.
</p><p>3. In the event that a record in a system of records maintained by IMLS indicates, either by itself or in combination with other information in IMLS' possession, a violation or potential violation of the law (whether civil, criminal, or regulatory in nature, and whether arising by statute or by regulation, rule, or order issued pursuant thereto), that record may be referred, as a routine use, to the appropriate agency, whether Federal, State, local, or foreign, charged with investigating or prosecuting such violation, or charged with enforcing or implementing the statute, rule, regulation, or order issued pursuant thereto. Such referral shall be deemed to authorize: (1) Any and all appropriate and necessary uses of such records in a court of law or before an administrative board or hearing; and (2) Such other interagency referrals as may be necessary to carry out the receiving agencies' assigned law enforcement duties.
</p><p>4. The names, Social Security numbers, home addresses, dates of birth, dates of hire, quarterly earnings, employer identifying information, and State of hire of employees may be disclosed as a routine use to the Office of Child Support Enforcement, Administration for Children and Families, Department of Health and Human Services, as follows:
</p><p>(a) For use in the Federal Parent Locator System (FPLS) and the Federal Tax Offset System for the purpose 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 of 1996 (Pub. L. 104-193);
</p><p>(b) For release to the Social Security Administration for the purpose of verifying Social Security numbers in connection with the operation of FPLS; and
</p><p>(c) For release to the U.S. Department of the Treasury (Treasury) for the purpose of payroll, savings bonds, and other deductions; administering the Earned Income Tax Credit Program (section 32, Internal Revenue Code of 1986); and verifying a claim with respect to employment on a tax return, as required by the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (Pub. L. 104-193);
</p><p>5. A record may be disclosed as a routine use in the course of presenting evidence to a court, magistrate, or administrative tribunal of appropriate jurisdiction, and such disclosure may include disclosures to opposing counsel in the course of settlement negotiations.
</p><p>6. Information from any system of records may be used 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 personnel management functions or manpower studies. Information also may be disclosed to respond to general requests for statistical information (without personal identification of individuals) under the Freedom of Information Act.
</p><p>7. A record may be disclosed as a routine use to a contractor, expert, or consultant of IMLS (or an office within IMLS) when the purpose of the release is to perform a survey, audit, or other review of IMLS' procedures and operations.
</p><p>8. A record from any system of records may be disclosed as a routine use to the National Archives and Records Administration as part of records management inspections conducted under the authority of 44 U.S.C. 2904 and 2906.
</p><p>9. A record may be disclosed to a contractor, grantee, or other recipient of Federal funds when the record to be released reflects serious inadequacies with the recipient's personnel, and disclosure of the record is for the purpose of permitting the recipient to effect corrective action in the government's best interest.
</p><p>10. A record may be disclosed to a contractor, grantee, or other recipient of Federal funds when the recipient has incurred indebtedness to the government through its receipt of government funds, and the release of the record is for the purpose of allowing the debtor to effect a collection against a third party.
</p><p>11. Information in a system of records may be disclosed as a routine use to the Treasury; other Federal agencies; "consumer reporting agencies" (as defined in the Fair Credit Reporting Act, 15 U.S.C. 1681a(f), or the Federal Claims Collection Act of 1966, 31 U.S.C. 3701(a)(3)); or private collection contractors for the purpose of collecting a debt owed to the Federal Government as provided in the regulations promulgated by IMLS at 45 CFR 1183.
</p>
<p><b>NATIONAL ENDOWMENT FOR THE ARTS--Statement of General Routine Uses
</b></p><p>The following general routine uses are incorporated by this reference into each system of records set forth herein, unless specifically limited in the system description.
</p><p>1. A record may be disclosed as a routine use to a Member of Congress or his or her staff, when the Member of Congress or his or her staff requests the information on behalf of and at the request of the individual who is the subject of the record.
</p><p>2. A record may be disclosed as a routine use to designated officers and employees of other agencies and departments of the Federal government having an interest in the subject individual for employment purposes (including the hiring or retention of any employee; the issuance of a security clearance; 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 involved.
</p><p>3. In the event that a record in a system of records maintained by the Endowment indicates, either by itself or in combination with other information in the Endowment's possession, a violation or potential violation of the law (whether civil, criminal, or regulatory in nature, and whether arising by statute or by regulation, rule, or order issued pursuant thereto), that record 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, rule, regulation, or order issued pursuant thereto. Such referral shall be deemed to authorize: (1) Any and all appropriate and necessary uses of such records in a court of law or before an administrative board or hearing; and (2) Such other interagency referrals as may be necessary to carry out the receiving agencies' assigned law enforcement duties.
</p><p>4. The names, Social Security numbers, home addresses, dates of birth, dates of hire, quarterly earnings, employer identifying information, and State of hire of employees may be disclosed as a routine use to the Office of Child Support Enforcement, Administration for Children and Families, Department of Health and Human Services, as follows:
</p><p>(a) For use in the Federal Parent Locator System (FPLS) and the Federal Tax Offset System for the purpose 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 of 1996 (Pub. L. 104-193);
</p><p>(b) For release to the Social Security Administration for the purpose of verifying Social Security numbers in connection with the operation of the FPLS; and
</p><p>(c) For release to the U.S. Department of the Treasury (Treasury) for the purpose of payroll, savings bonds, and other deductions; administering the Earned Income Tax Credit Program (Section 32, Internal Revenue Code of 1986); and verifying a claim with respect to employment on a tax return, as required by the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (Pub. L. 104-193).
</p><p>5. A record may be disclosed as a routine use in the course of presenting evidence to a court, magistrate, or administrative tribunal of appropriate jurisdiction, and such disclosure may include disclosures to opposing counsel in the course of settlement negotiations.
</p><p>6. Information from any system of records may be used 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 personnel management functions or manpower studies. Information may also be disclosed to respond to general requests for statistical information (without personal identification of individuals) under the Freedom of Information Act.
</p><p>7. A record may be disclosed as a routine use to a contractor, expert, or consultant of the Endowment (or an office within the Endowment) when the purpose of the release is to perform a survey, audit, or other review of the Endowment's procedures and operations.
</p><p>8. A record from any system of records may be disclosed as a routine use to the National Archives and Records Administration in records management inspections conducted under authority of 44 U.S.C. 2904 and 2906.
</p><p>9. A record may be disclosed to a contractor, grantee, or other recipient of Federal funds when the record to be released reflects serious inadequacies with the recipient's personnel, and disclosure of the record is for the purpose of permitting the recipient to effect corrective action in the government's best interests.
</p><p>10. A record may be disclosed to a contractor, grantee, or other recipient of Federal funds when the recipient has incurred an indebtedness to the government through its receipt of government funds, and release of the record is for the purpose of allowing the debtor to effect a collection against a third party.
</p><p>11. Information in a system of records may be disclosed as a routine use to the Treasury; other Federal agencies; "consumer reporting agencies" (as defined in the Fair Credit Reporting Act, 15 U.S.C. 1681a(f), or the Federal Claims Collection Act of 1966, 31 U.S.C. 3701(a)(3)); or private collection contractors for the purpose of collecting a debt owed to the Federal government as provided in the regulations promulgated by the Endowment and published at 45 CFR part 1150.
</p></xhtmlContent></routineUses>
<section id="" toc="no">
<systemNumber>/IMLS</systemNumber>
<subsection type="systemName">Editorial Note: The National Commission on Libraries and Information Science was abolished by the Act of Dec. 26, 2007 (121 Stat. 2204) and functions transferred to the Institute of Museum and Library Services pursuant to instructions set forth in House Report 10-231 and Senate Report 110-107.</subsection></section>

    <section id="imls1" toc="yes">
        <systemNumber>/IMLS-1</systemNumber>
        <subsection type="systemName">
            Electronic Grant Management System.
        </subsection>
        <subsection type="securityClassification">
            <xhtmlContent>
                <p>Unclassified.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="systemLocation">
            <xhtmlContent>
                <p>Office of the Chief Information Officer, Institute of Museum and Library Services, 955 L’Enfant Plaza North SW, 4th Floor, Washington, DC 20024.   Authorized personnel may access IMLS’s electronic grant management system (eGMS) via an online portal.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="systemManager">
            <xhtmlContent>
                <p>Deputy Directors of the Office of Museum Services and Office of Library Services, Institute of Museum and Library Services, 955 L’Enfant Plaza North SW, 4th Floor, Washington, DC 20024.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="authorityForMaintenance">
            <xhtmlContent>
                <p>The Museum and Library Services Act of 2018 (20 U.S.C. 9101 et seq.)</p>
            </xhtmlContent>
        </subsection>
        <subsection type="purpose">
            <xhtmlContent>
                <p>To provide a central repository for information about expert reviewers, grant applicants, award recipients, and awards.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="categoriesOfIndividuals">
            <xhtmlContent>
                <p>Individuals who have applied to or have served as peer review panelists.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="categoriesOfRecords">
            <xhtmlContent>
                <p>Names of individuals, home and work addresses, telephone numbers, email addresses, Social Security Numbers (only from those panelists receiving payment from IMLS), identification numbers assigned by IMLS, review group assignments, and other data concerning potential and actual reviewers, including area of expertise, institutional affiliations, peer reviewer notes and application grading, payment and/or travel reimbursement information, grant application materials, and written communication with IMLS.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="recordSourceCategories">
            <xhtmlContent>
                <p>Data in this system is obtained from individuals covered by the system, as well as from IMLS employees involved in the administration of grants.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="routineUsesOfRecords">
            <xhtmlContent>
                <p>Data in this system may be used for the selection of reviewers and payment of honoraria to panelists, and general administration of the grant review process (evaluation of applications for federal assistance, management of active grants, communication with grantees, and processing of disbursement of grant funds). See also the list of General Routine Uses contained in the Preliminary Statement.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="policiesAndPractices">
            <xhtmlContent>
                <p>Records in this system are maintained in an electronic database and digital file repository.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="retrievability">
            <xhtmlContent>
                <p>Records in this system are retrieved by name, email address, eGMS identification number, review group assignment, or by the identification number of an application.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="retentionAndDisposal">
            <xhtmlContent>
                <p>Records in this system are updated on a continuing basis when reviewers are assigned to a review group and as new information is received.  Records will be removed only in accordance with the disposition authority provided by IMLS records schedules.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="safeguards">
            <xhtmlContent>
                <p>Access to records in this system by IMLS staff is controlled by password and dual factor authentication, with different levels of modification rights assigned to individuals and offices at IMLS based upon their specific job functions. Access limited to authorized personnel whose duties require such access, and to those functions necessary for the performance of their duties.  IMLS provides grant applicants and peer review panelists individual accounts with access restricted to only those grant applications with which the individual is affiliated.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="recordAccessProcedures">
            <xhtmlContent>
                <p>See 45 CFR part 1182.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="contestingRecordProcedures">
            <xhtmlContent>
                <p>See 45 CFR part 1182.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="notificationProcedure">
            <xhtmlContent>
                <p>See 45 CFR part 1182.</p>
                                   </xhtmlContent>
        </subsection>
        <subsection type="exemptionsClaimed">
            <xhtmlContent>
                <p>None.</p>
                                    </xhtmlContent>
        </subsection>
        <subsection type="history">
            <xhtmlContent>
                <p>84 FR 52540.</p>
            </xhtmlContent>
        </subsection>
    </section>

    <section id="imls3" toc="yes">
        <systemNumber>/IMLS-3</systemNumber>
        <subsection type="systemName">
            Federal Personnel and Payroll System.
        </subsection>
        <subsection type="securityClassification">
            <xhtmlContent>
                <p>Unclassified.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="systemLocation">
            <xhtmlContent>
                <p>Institute of Museum and Library Services, 955 L’Enfant Plaza North SW, 4th Floor, Washington, DC 20024, U.S. Department of Interior, Interior Business Center, Denver, Colorado.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="systemManager">
            <xhtmlContent>
                <p>Human Resources Officer, Institute of Museum and Library Services, 955 L’Enfant Plaza North SW, 4th Floor, Washington, DC 20024.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="authorityForMaintenance">
            <xhtmlContent>
                <p>The Museum and Library Services Act of 2018 (20 U.S.C. 9101 et seq.); Federal Personnel Manual and Treasury Fiscal Requirements Manual.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="purpose">
            <xhtmlContent>
                <p>To document IMLS’s personnel processes and to calculate and process payroll.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="categoriesOfIndividuals">
            <xhtmlContent>
                <p>Employees of IMLS.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="categoriesOfRecords">
            <xhtmlContent>
                <p>Payroll and personnel information, such as time and attendance data, statements of earnings and leave, training data, wage and tax statements, and payroll and personnel transactions. This system includes data that also is maintained in IMLS’s official personnel folders, which are managed in accordance with Office of Personnel Management (OPM) regulations. The OPM has given notice of its system of records covering official personnel folders in OPM/GOVT-1.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="recordSourceCategories">
            <xhtmlContent>
                <p>Data in this system is obtained from individuals covered by the system, as well as from IMLS employees involved in the administration of personnel and payroll processes.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="routineUsesOfRecords">
            <xhtmlContent>
                <p>Data in this system may be transmitted to the U.S. Department of Interior, Interior Business Center, U.S. Department of Treasury, and employee-designated financial institutions to affect issuance of paychecks to employees and distributions of pay according to employee directions for authorized purposes. Data in this system also may be used to prepare payroll, meet government recordkeeping and reporting requirements, and retrieve and apply payroll and personnel information as required for agency needs. See also the list of General and Routine Uses contained in the Preliminary Statement.</p>
                            </xhtmlContent>
    </subsection>
        <subsection type="policiesAndPractices">
            <xhtmlContent>
                <p>Electronic records in this system are maintained off-site by the Department of Interior, Interior Business Center (IBC). Paper records generated through the NBC are maintained in file cabinets in secured storage areas by the Offices of the Chief Financial Officer and Human Resources after arriving at IMLS. Discipline offices also may use file cabinets in secured storage areas to maintain paper records concerning performance reviews and other personnel actions in their divisions.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="retrievability">
            <xhtmlContent>
                <p>Records in this system are retrieved by name, Social Security number, or date of birth.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="retentionAndDisposal">
            <xhtmlContent>
                <p>The Human Resources Officer maintains paper records in this system in accordance with the General Services Administration’s General Records Schedule 2. Division offices may maintain paper records concerning performance reviews and other personnel actions in their divisions for the duration of an individual’s employment with IMLS.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="safeguards">
            <xhtmlContent>
                <p>Access to the electronic records in this system is controlled by password on the limited number of IMLS computers that can be used to draw information from the IBC. File cabinets containing the paper records in this system either are kept locked during non-business hours or are located in rooms that are kept locked during non-business hours.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="recordAccessProcedures">
            <xhtmlContent>
                <p>See 45 CFR part 1182.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="contestingRecordProcedures">
            <xhtmlContent>
                <p>See 45 CFR part 1182.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="notificationProcedure">
            <xhtmlContent>
                <p>See 45 CFR part 1182.</p>
                                   </xhtmlContent>
        </subsection>
        <subsection type="exemptionsClaimed">
            <xhtmlContent>
                <p>None.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="history">
            <xhtmlContent>
                <p>84 FR 52540.</p>
            </xhtmlContent>
        </subsection>
    </section>

    <section id="imls4" toc="yes">
        <systemNumber>/IMLS-4</systemNumber>
        <subsection type="systemName">
            Financial Management System—Delphi.
        </subsection>
        <subsection type="securityClassification">
            <xhtmlContent>
                <p>Unclassified.</p>
            </xhtmlContent>
        </subsection>
                <subsection type="systemLocation">
                    <xhtmlContent>
                        <p>Enterprise Services Center, 6500 MacArthur Boulevard, Oklahoma City, OK 73169.</p>
                    </xhtmlContent>
                </subsection>
                <subsection type="systemManager">
                    <xhtmlContent>
                        <p>Office of the Chief Financial Officer, Institute of Museum and Library Services, 955 L’Enfant Plaza North SW, 4th Floor, Washington, DC 20024.</p>
                    </xhtmlContent>
                </subsection>
                <subsection type="authorityForMaintenance">
                    <xhtmlContent>
                        <p>The Museum and Library Services Act of 2018 (20 U.S.C. 9101 et seq.)</p>
                    </xhtmlContent>
                </subsection>
                <subsection type="purpose">
                    <xhtmlContent>
                        <p>To provide a central repository of all financial transactions to enable IMLS to meet its statutory reporting requirements to the Office of Management and Budget, the U.S. Department of Treasury, and Congress.</p>
                    </xhtmlContent>
                </subsection>
                <subsection type="categoriesOfIndividuals">
                    <xhtmlContent>
                        <p>Employees of IMLS, application reviewers, grantees, vendors and other Federal Government organizations.</p>
                    </xhtmlContent>
                </subsection>
                <subsection type="categoriesOfRecords">
                    <xhtmlContent>
                        <p>Name, address, telephone number, telefax number, e-mail address, payment information, including banking information. This system data is maintained in an Oracle Database.</p>
                    </xhtmlContent>
                </subsection>
                <subsection type="recordSourceCategories">
                    <xhtmlContent>
                        <p>Data in this system is obtained from individuals covered by the system, as well as from IMLS employees involved in the administration of grants, travel, and vendor processes.</p>
                    </xhtmlContent>
                </subsection>
                <subsection type="routineUsesOfRecords">
                    <xhtmlContent>
                        <p>Data in this system may be used for the general administration of the grant management process and the IMLS accounting process. See also the list of General Routine Uses contained in the Preliminary Statement.</p>
                    </xhtmlContent>
                </subsection>
                <subsection type="policiesAndPractices">
                    <xhtmlContent>
                        <p>Electronic records in this system are maintained off-site by the Department of Transportation’s Enterprise Services Center. Associated paper records are also maintained at the Enterprise Services Center. Discipline offices also may use locking file cabinets to maintain paper records concerning financial transactions processed in their divisions.</p>
                    </xhtmlContent>
                </subsection>
                <subsection type="retrievability">
                    <xhtmlContent>
                        <p>Records in this system are retrieved by name and/or purchase order number.</p>
                    </xhtmlContent>
                </subsection>
                <subsection type="retentionAndDisposal">
                    <xhtmlContent>
                        <p>Records in this database are maintained and updated on a daily basis as financial transactions are processed. Discipline offices maintain paper files that grow as financial transactions are submitted to the Enterprise Services Center for processing. Records are disposed of in accordance with the General Services Administration’s General Records Schedule.</p>
                    </xhtmlContent>
                </subsection>
                <subsection type="safeguards">
                    <xhtmlContent>
                        <p>Authorized IMLS staff use passwords via a remote secure VPN to gain access to the database. Rooms containing the records in this system are kept locked during non-working hours.</p>
                    </xhtmlContent>
                </subsection>
                <subsection type="recordAccessProcedures">
                    <xhtmlContent>
                        <p>See 45 CFR part 1182.</p>
                    </xhtmlContent>
                </subsection>
                <subsection type="contestingRecordProcedures">
                    <xhtmlContent>
                        <p>See 45 CFR part 1182.</p>
                    </xhtmlContent>
                </subsection>
                <subsection type="notificationProcedure">
                    <xhtmlContent>
                        <p>See 45 CFR part 1182.</p>
                    </xhtmlContent>
                </subsection>
                <subsection type="exemptionsClaimed">
                    <xhtmlContent>
                        <p>None.</p>
                    </xhtmlContent>
                </subsection>
                <subsection type="history">
                    <xhtmlContent>
                        <p>84 FR 52540.</p>
                    </xhtmlContent>
                </subsection>
            </section>

    <section id="nea1" toc="yes">
        <systemNumber>/NEA-1</systemNumber>
        <subsection type="systemName">
            Panelists Electronic Grants Management System (eGMS).
        </subsection>

        <subsection type="securityClassification">
            <xhtmlContent>
                <p>Sensitive. </p>
            </xhtmlContent>
        </subsection>
        <subsection type="systemLocation">
            <xhtmlContent>
                <p>Authorized National Endowment for the Arts (NEA) staff may access National Endowment for the</p>
                <p>Humanities (NEH), electronic grant management system via online web portal. 400 7th Street,</p>
                <p>SW; Washington, DC, 20506.  NEH provides these services under System of Record Notice NEH-1.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="systemManager">
            <xhtmlContent>
                <p>Chief Information Officer; National Endowment for the Humanities; bbobley@neh.gov.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="authorityForMaintenance">
            <xhtmlContent>
                <p>National Foundation on the Arts and the Humanities Act of 1965, as amended (20 U.S.C. 951 et seq).</p>
            </xhtmlContent>
        </subsection>
        <subsection type="purpose">
            <xhtmlContent>
                <p>To provide a central repository for information about art experts who could be or have been called upon to serve on application review panels and make recommendations on grant awards.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="categoriesOfIndividuals">
            <xhtmlContent>
                <p>Individuals whom the Endowment may ask or has asked to serve on application review panels.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="categoriesOfRecords">
            <xhtmlContent>
                <p>Name, address, telephone number, Social Security number, and other data concerning potential and actual panelists, including information about areas of artistic expertise and prior panel service.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="recordSourceCategories">
            <xhtmlContent>
                <p>Data in this system is obtained from individuals covered by the system, as well as from Endowment employees.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="routineUsesOfRecords">
            <xhtmlContent>
                <p>Data in this system is used for identification of panelists and their activities in this capacity. See also the list of General Routine Uses contained in the Preliminary Statement.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="policiesAndPractices">
            <xhtmlContent>
                <p>Records in this system are maintained in an electronic database.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="retrievability">
            <xhtmlContent>
                <p>Records in this system are retrieved by name.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="retentionAndDisposal">
            <xhtmlContent>
                <p>Records in this system are maintained and updated on a continuing basis, as new information is received by the National Endowment for the Arts staff. Endowment staff will periodically request updated information from individuals who already have a People record in eGMS. Endowment staff will also periodically purge the eGMS People records pertaining to individuals who have been in the eGMS for three to five years, but who have not served on a panel.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="safeguards">
            <xhtmlContent>
                <p>This system is maintained in a locked computer room that can be accessed only by authorized employees of the Endowment or the National Endowment for the Humanities. Access to records in this system is further controlled by password, with different levels of modification rights assigned to individuals and offices at the Endowment based on their specific job functions.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="recordAccessProcedures">
            <xhtmlContent>
                <p>See 45 CFR Part 1159.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="contestingRecordProcedures">
            <xhtmlContent>
                <p>See 45 CFR Part 1159.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="notificationProcedure">
            <xhtmlContent>
                <p>See 45 CFR Part 1159.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="exemptionsClaimed">
            <xhtmlContent>
                <p>None.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="history">
            <xhtmlContent>
                <p>Panelists Electronic Grants Management System (eGMS) replaces the panelists Automated Panel Bank System (APBS) that was retired with the implementation of eGMS.</p>
                <p>System Location change 1100 Pennsylvania Avenue NW; Washington, DC 20506.</p>
            </xhtmlContent>
        </subsection>
    </section>

    <section id="nea2" toc="yes">
        <systemNumber>/NEA-2</systemNumber>
        <subsection type="systemName">
            Panelists, Paper Files.
        </subsection>
        <subsection type="securityClassification">
            <xhtmlContent>
                <p>Sensitive. </p>
            </xhtmlContent>
        </subsection>
        <subsection type="systemLocation">
            <xhtmlContent>
                <p>National Endowment for the Arts, 400 7th Street, SW; Washington, DC, 20506.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="systemManager">
            <xhtmlContent>
                <p>Director of Guidelines and Panel Operations: miller@arts.gov</p>
            </xhtmlContent>
        </subsection>
        <subsection type="authorityForMaintenance">
            <xhtmlContent>
                <p>National Foundation on the Arts and the Humanities Act of 1965, as amended (20 U.S.C. 951 et</p>
                <p>seq).</p>
            </xhtmlContent>
        </subsection>
        <subsection type="purpose">
            <xhtmlContent>
                <p>      Historical information about actual panelists that predates the electronic capability of eGMS.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="categoriesOfIndividuals">
            <xhtmlContent>
                <p>Individuals whom the Endowment may ask or has asked to serve on application review panels.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="categoriesOfRecords">
            <xhtmlContent>
                <p>Historical information about actual panelists. This system includes materials such as resumes and panelist profile forms.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="recordSourceCategories">
            <xhtmlContent>
                <p>Data in this system is obtained from individuals covered by the system, as well as from Endowment employees and other individuals nominating potential panelists.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="routineUsesOfRecords">
            <xhtmlContent>
                <p>These are historical records that are required under the Federal Advisory Committee Act.  See also the list of General Routine Uses contained in the Preliminary Statement.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="policiesAndPractices">
            <xhtmlContent>
                <p>Records in this system are maintained in filing cabinets.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="retrievability">
            <xhtmlContent>
                <p>Records in this system are retrieved by name.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="retentionAndDisposal">
            <xhtmlContent>
                <p>The Office of Guidelines and Panel Operations maintains historical paper files that are static due to the new electronic capability of the eGMS. These are historical records that are required under the Federal Advisory Committee Act.</p>
                <p>Discipline offices may also maintain paper files about individuals who have served on panels for their divisions. The Endowment's Finance Office maintains copies of panelist contracts. Each Discipline office destroys its panelist contracts after the conclusion of the panel.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="safeguards">
            <xhtmlContent>
                <p>Cabinets containing the records in this system are kept locked.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="recordAccessProcedures">
            <xhtmlContent>
                <p>See 45 CFR Part 1159.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="contestingRecordProcedures">
            <xhtmlContent>
                <p>See 45 CFR Part 1159.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="notificationProcedure">
            <xhtmlContent>
                <p>See 45 CFR Part 1159.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="exemptionsClaimed">
            <xhtmlContent>
                <p>None.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="history">
            <xhtmlContent>
                <p>Panelists, Paper Files System Location change 1100 Pennsylvania Avenue, NW; Washington DC 20506.</p>
            </xhtmlContent>
        </subsection>
    </section>

    <section id="nea3" toc="yes">
        <systemNumber>/NEA-3</systemNumber>
        <subsection type="systemName">
            National Council on the Arts, Member Information.
        </subsection>
        <subsection type="securityClassification">
            <xhtmlContent>
                <p>Sensitive. </p>
            </xhtmlContent>
        </subsection>
        <subsection type="systemLocation">
            <xhtmlContent>
                <p>Office of Chief of Staff/Council Operations; 400 7th Street, SW; Washington, DC 20506.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="systemManager">
            <xhtmlContent>
                <p>Chief of Staff or Council Coordinator; jeffersonk@arts.gov</p>
            </xhtmlContent>
        </subsection>
        <subsection type="authorityForMaintenance">
            <xhtmlContent>
                <p>National Foundation on the Arts and the Humanities Act of 1965, as amended (20 U.S.C. 951 et seq).</p>
            </xhtmlContent>
        </subsection>
        <subsection type="purpose">
            <xhtmlContent>
                <p>To provide a central repository for information about past and present members of the Council.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="categoriesOfIndividuals">
            <xhtmlContent>
                <p>Past and present members of the National Council on the Arts.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="categoriesOfRecords">
            <xhtmlContent>
                <p>Name, address, telephone number, Social Security number, and other information concerning past and present members of the Council, such as press clippings and correspondence.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="recordSourceCategories">
            <xhtmlContent>
                <p>Data in this system is obtained from individuals covered by the system, as well as from Endowment employees involved with the activities of the Council.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="routineUsesOfRecords">
            <xhtmlContent>
                <p>Data in this system is used for identification of members of the Council and their activities in this capacity. See also the list of General Routine Uses contained in the Preliminary Statement.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="policiesAndPractices">
            <xhtmlContent>
                <p>Records in this system are maintained both electronically and in paper files kept in file cabinets.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="policiesAndPractices">
            <xhtmlContent>
                <p>Records in this system are retrieved by name.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="retentionAndDisposal">
            <xhtmlContent>
                <p>
                    Records in this system are maintained are maintained on an indefinite basis for reference purposes.
                </p>
            </xhtmlContent>
        </subsection>
        <subsection type="safeguards">
            <xhtmlContent>
                <p>Rooms containing the paper records in this system are kept locked during non-working hours.</p>
                <p>The electronic records in this system are maintained on the office hard drive which is password-protected</p>
            </xhtmlContent>
        </subsection>
        <subsection type="recordAccessProcedures">
            <xhtmlContent>
                <p>See 45 CFR Part 1159.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="contestingRecordProcedures">
            <xhtmlContent>
                <p>See 45 CFR Part 1159.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="notificationProcedure">
            <xhtmlContent>
                <p>See 45 CFR Part 1159.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="exemptionsClaimed">
            <xhtmlContent>
                <p>None.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="history">
            <xhtmlContent>
                <p>National Council on the Arts, Member Information System Location change 1100 Pennsylvania Avenue,</p>
                <p>NW; Washington, DC 20506.</p>
            </xhtmlContent>
        </subsection>
    </section>
    <section id="nea4" toc="yes">
        <systemNumber>/NEA-4</systemNumber>
        <subsection type="systemName">
            Grants and Cooperative Agreements, Electronic Grants Management System (eGMS).
        </subsection>
        <subsection type="securityClassification">
            <xhtmlContent>
                <p>Sensitive.</p></xhtmlContent>
                </subsection>
        <subsection type="systemLocation">
            <xhtmlContent>
                <p>Authorized National Endowment for the Arts (NEA) staff may access National Endowment for the</p>
                <p>Humanities (NEH) electronic grant management system via an online web portal.  400 7th Street,</p>
                <p>SW; Washington, DC, 20506.  NEH provides these services under System of Record Notice NEH-1.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="systemManager">
            <xhtmlContent>
                <p>Grants Officer (Director) and/or CIO of Information and Technology; National Endowment for the Humanities; jacobsn@arts.gov</p>
            </xhtmlContent>
        </subsection>
        <subsection type="authorityForMaintenance">
            <xhtmlContent>
                <p>National Foundation on the Arts and the Humanities Act of 1965, as amended (20 U.S.C. 951</p>
                <p>et seq).</p>
            </xhtmlContent>
        </subsection>
        <subsection type="purpose">
            <xhtmlContent>
                <p>To provide a central repository for information about grant and cooperative agreement applicants, recipients, and awards.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="categoriesOfIndividuals">
            <xhtmlContent>
                <p>Individual and organizations who have applied to the National Endowment for the Arts (NEA) for financial assistance in the form of grants and cooperative agreements.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="categoriesOfRecords">
            <xhtmlContent>
                <p>Name, address, telephone number, Social Security number, Taxpayer or Employee identification numbers (TIN, EIN) assigned by the IRS, Dun &amp; Bradstreet numbers assigned by Dun &amp; Bradstreet, application numbers assigned by the National Endowment for the Arts (NEA).  National Standard and other agency established codes, and award action dates. Banking information is not maintained in the Electronic Grants Management System (eGMS).</p>
                <p>Additional information concerning National Endowment for Arts (NEA) decisions to award grants and cooperative agreements, disburse funds, and close out awards. Materials include applications, award notifications and any approved amendments, payment requests, correspondence, and final reports.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="recordSourceCategories">
            <xhtmlContent>
                <p>Data in this system is obtained from individuals covered by the system, as well as from Endowment employees involved in the administration of grants.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="routineUsesOfRecords">
            <xhtmlContent>
                <p>Data in this system may be used for general administration of the application review and award process, grants management, statistical research, and Congressional oversight and analysis of trends.  See also the list of General Routine Uses contained in the preliminary Statement.</p>
                </xhtmlContent>
    </subsection>
        <subsection type="policiesAndPractices">
            <xhtmlContent>
                <p>Records in this system are maintained in an electronic database.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="retrievability">
            <xhtmlContent>
                <p>Records in this system are retrieved by name, application number, grant number, or constituent identification number.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="retentionAndDisposal">
            <xhtmlContent>
                <p>Records in this system are maintained on an indefinite basis for reference purposes; however, records will be closed out and not accessible for viewing after the required retention period (currently 7 years from the date of closeout).</p>
            </xhtmlContent>
        </subsection>
        <subsection type="safeguards">
            <xhtmlContent>
                <p>This system is maintained in a locked computer room that can be accessed only by authorized employees of the Endowment and the National Endowment for the Humanities. Access to records in this system is controlled by PIV access, with different levels of modification rights assigned to individuals and offices at the NEA based on their specific job functions.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="recordAccessProcedures">
            <xhtmlContent>
                <p>See 45 CFR Part 1159.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="contestingRecordProcedures">
            <xhtmlContent>
                <p>See 45 CFR Part 1159.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="notificationProcedure">
            <xhtmlContent>
                <p>See 45 CFR Part 1159.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="exemptionsClaimed">
            <xhtmlContent>
                <p>None.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="history">
            <xhtmlContent>
                <p>Grants and Cooperative Agreements, Electronic Grants Management System (eGMS) replaces Grants,</p>
                <p>Grants Management System (GMS); System Location changed from 1100 Pennsylvania Avenue, NW;</p>
                <p>Washington, DC 20506.</p>
            </xhtmlContent>
        </subsection>
    </section>

    <section id="nea5" toc="yes">
        <systemNumber>/NEA-5</systemNumber>
        <subsection type="systemName">
            Grants, Paper Files.
        </subsection>

        <subsection type="securityClassification">
            <xhtmlContent>
                 <p>Sensitive.</p>
                </xhtmlContent>
    </subsection>
        <subsection type="systemLocation">
            <xhtmlContent>
                <p>400 7th Street, SW; Washington, DC 20506.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="systemManager">
            <xhtmlContent>
                <p>Grants Officer (Director); jacobsn@arts.gov</p>
            </xhtmlContent>
        </subsection>
        <subsection type="authorityForMaintenance">
            <xhtmlContent>
                <p>National Foundation on the Arts and the Humanities Act of 1965, as amended (20 U.S.C. 951 et seq).</p>
            </xhtmlContent>
        </subsection>
        <subsection type="purpose">
            <xhtmlContent>
                <p>To supplement the GMS and eGMS with information well suited for maintenance in hard copy form.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="categoriesOfIndividuals">
            <xhtmlContent>
                <p>Individuals who have applied to the NEA for financial assistance in the form of grants.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="categoriesOfRecords">
            <xhtmlContent>
                <p>Additional information concerning NEA decisions to award grants and cooperative agreements, disburse funds, and close out awards. Materials include applications, award notification letters and any approved amendments, payment requests, correspondence, and final reports.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="recordSourceCategories">
            <xhtmlContent>
                <p>Data in this system is obtained from individuals covered by the system, as well as from Endowment employees involved in the administration of grants.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="routineUsesOfRecords">
            <xhtmlContent>
                <p>Data in this system may be used for general administration of the grant and cooperative agreement review and award process, award management including payment and amendment requests, statistical research, and Congressional oversight and analysis of trends. See also the list of General Routine Uses contained in the Preliminary Statement.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="policiesAndPractices">
            <xhtmlContent>
                <p>Records in this system are maintained in file cabinets.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="retrievability">
            <xhtmlContent>
                <p>Records in this system are retrieved by name, application number, or grant number.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="retentionAndDisposal">
            <xhtmlContent>
                <p>The Office of Grants maintains paper files of award made in FY 17 and earlier that are still open, which are retired and destroyed after seven years. When the final descriptive and financial status reports are received and accepted, the grant and cooperative agreement files are retired first to the Federal Records Center, and then to the National Archives and Records Administration. The FY 17 paper award files are scanned to a specific computer system LAN drive that has limited access.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="safeguards">
            <xhtmlContent>
                <p>Files containing records in this system are kept locked during non-working hours.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="recordAccessProcedures">
            <xhtmlContent>
                <p>See 45 CFR Part 1159.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="contestingRecordProcedures">
            <xhtmlContent>
                <p>See 45 CFR Part 1159.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="notificationProcedure">
            <xhtmlContent>
                <p>See 45 CFR Part 1159.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="exemptionsClaimed">
            <xhtmlContent>
                <p>None.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="history">
            <xhtmlContent>
                <p>Grant, Paper Files System Location change 1100 Pennsylvania Avenue, NW;</p>
                <p>Washington, DC  20506.</p>
            </xhtmlContent>
        </subsection>
    </section>

    <section id="nea6" toc="yes">
        <systemNumber>/NEA-6</systemNumber>
        <subsection type="systemName">
            Contracts.
        </subsection>
         <subsection type="securityClassification">
            <xhtmlContent>
                <p>Sensitive.</p>
                       </xhtmlContent>
        </subsection>
        <subsection type="systemLocation">
            <xhtmlContent>
                <p>400 7th Street, SW; Washington, DC 20506.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="systemManager">
            <xhtmlContent>
                <p>Administrative Officer (Director of Administrative Services) and/or Director of Finance gendrong@arts.gov</p>
            </xhtmlContent>
        </subsection>
        <subsection type="authorityForMaintenance">
            <xhtmlContent>
                <p>National Foundation on the Arts and the Humanities Act of 1965, as amended (20 U.S.C. 9 51</p>
                <p>et seq).</p>
            </xhtmlContent>
        </subsection>
        <subsection type="purpose">
            <xhtmlContent>
                <p>To maintain a record of contracts and cooperative agreements entered into by the Endowment.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="categoriesOfIndividuals">
            <xhtmlContent>
                <p>Individuals who have entered into administrative contracts with the Endowment.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="categoriesOfRecords">
            <xhtmlContent>
                <p>Relevant information concerning the contract, such as copies of the signed document and requests for payment/invoices.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="recordSourceCategories">
            <xhtmlContent>
                <p>Data in this system is obtained from individuals covered by the system, as well as from Endowment employees involved in contract development, administration, and execution.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="routineUsesOfRecords">
            <xhtmlContent>
                <p>Data in this system may be used for General Accounting Office audits and Congressional oversight. See also the list of General Routine Uses contained in the Preliminary Statement.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="policiesAndPractices">
            <xhtmlContent>
                <p>The Contracts Office maintains records in this system in an electronic database, word processing files, and file cabinets. The Finance office also maintains paper files in this system in file cabinets.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="policiesAndPractices">
            <xhtmlContent>
                <p>Database files are retrieved by name or by contract or cooperative agreement number. Word processing files are retrieved by contract or cooperative agreement number. Paper files maintained by the Contracts Office are retrieved by name. Paper files maintained by the Finance Office are retrieved by name, Social Security number, or vendor number.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="retentionAndDisposal">
            <xhtmlContent>
                <p>Database and word processing files are maintained on an indefinite basis for reference purposes. Paper files maintained by the Contracts Office are shipped to the National Archives and Records Administration after the contract or cooperative agreement is physically completed, and they are destroyed six years and three months later. Paper files maintained by the Finance Office are also maintained for six years and three months, and then destroyed.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="safeguards">
            <xhtmlContent>
                <p>Database and word processing files are protected by a password available to Grants and Contracts Office staff. Rooms containing paper files are kept locked during non-working hours.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="recordAccessProcedures">
            <xhtmlContent>
                <p>See 45 CFR Part 1159.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="contestingRecordProcedures">
            <xhtmlContent>
                <p>See 45 CFR Part 1159.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="notificationProcedure">
            <xhtmlContent>
                <p>See 45 CFR Part 1159.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="exemptionsClaimed">
            <xhtmlContent>
                <p>None.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="history">
            <xhtmlContent>
                <p>Contracts replaces Contracts and Cooperative Agreements; System Location changed from 1100</p>
                <p>Pennsylvania Avenue, NW; Washington, DC 20506.</p>
            </xhtmlContent>
        </subsection>
    </section>

    <section id="nea7" toc="yes">
        <systemNumber>/NEA-7</systemNumber>
        <subsection type="systemName">
            Payroll/Personnel System.
        </subsection>
        <subsection type="securityClassification">
            <xhtmlContent>
                <p>Sensitive.</p>
            </xhtmlContent>
        </subsection>

        <subsection type="systemLocation">
            <xhtmlContent>
                <p>National Endowment for the Arts (NEA), Department of Human Resources.  400 7th Street, SW; Washington, DC 20506.</p>
                <p>Pursuant to an Interagency Agreement between the NEA and the National Finance Center ("NFC"), a component organization of the United States Department of Agriculture’s Office of the Chief Financial Officer, NFC provides NEA with the following services:  Payroll processing, payroll account processing, salary payment of processing, receipt and processing of time and attendance data, and other functions necessary to perform these services.  NFC provides these services using the Department of Agriculture’s payroll systems, which are covered under Department of Agriculture System of Record Notice OPM/GOV-1.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="systemManager">
            <xhtmlContent>
                <p>Director of Human Resources; mccordc@arts.gov</p>
            </xhtmlContent>
        </subsection>
        <subsection type="authorityForMaintenance">
            <xhtmlContent>
                <p>National Foundation on the Arts and the Humanities Act of 1965, as amended (20 U.S.C. 951 et</p>
                <p>seq); Federal Personnel Manual and Treasury Fiscal Requirements Manual.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="purpose">
            <xhtmlContent>
                <p>To document the Endowment’s personnel processes and to calculate and process payroll.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="categoriesOfIndividuals">
            <xhtmlContent>
                <p>Employees of the Endowment.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="categoriesOfRecords">
            <xhtmlContent>
                <p>Payroll and personnel information, such as time and attendance data, statements of earnings and leave, training data, wage and tax statements, and payroll and personnel transactions. This system includes some data that may also be maintained in the Endowment's official personnel folders, which are managed in accordance with Office of Personnel Management (OPM) regulations. The OPM has given notice of its system of records covering official personnel folders in OPM/GOVT-1.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="recordSourceCategories">
            <xhtmlContent>
                <p>Data in this system is obtained from individuals covered by the system, as well as from Endowment employees involved in the administration of personnel and payroll processes.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="routineUsesOfRecords">
            <xhtmlContent>
                <p>Data in this system may be transmitted to the U.S. Departments of Agriculture and Treasury, and employee-designated financial institutions to effect issuance of paychecks to employees and distributions of pay according to employee directions for authorized purposes. Data in this system may also be used to prepare payroll, meet government recordkeeping and reporting requirements, and retrieve and apply payroll and personnel information as required for agency needs. See also the list of General Routine Uses contained in the Preliminary Statement.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="policiesAndPractices">
            <xhtmlContent>
                <p>Electronic records in this system are maintained off-site by the Department of Agriculture's National Finance Center (NFC) but can be accessed by individuals in the Office of Human Resources and by timekeepers for each of the Endowment's offices. Records generated through the NFC are maintained by the Office of Human Resources. The Office of Human Resources also maintains paper records of security folders, training folders, and health records in file cabinets. Office timekeepers maintain paper time and attendance records for three years in file cabinets in their offices. Division offices also may use file cabinets to maintain paper records concerning performance reviews and other personnel actions.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="retrievability">
            <xhtmlContent>
                <p>Records in this system are retrieved by name, Social Security number, or date of birth.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="retentionAndDisposal">
            <xhtmlContent>
                <p>The Office of Human Resources maintains paper records in this system in accordance with the General Services Administration's General Records Schedule 2. Division offices may maintain paper records concerning performance reviews and other personnel actions in their divisions for the duration of an individual's employment with the Endowment or another indefinite period.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="safeguards">
            <xhtmlContent>
                <p>NEA limits access to records within this system to authorized personnel whose official duties require such access; namely, Office of Human Resources personnel and senior staff.  Access to records in this system is further controlled by password.  NEA keeps records in this system in locked file cabinets.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="recordAccessProcedures">
            <xhtmlContent>
                <p>See 45 CFR Part 1159.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="contestingRecordProcedures">
            <xhtmlContent>
                <p>See 45 CFR Part 1159.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="notificationProcedure">
            <xhtmlContent>
                <p>See 45 CFR Part 1159.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="exemptionsClaimed">
            <xhtmlContent>
                <p>None.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="history">
            <xhtmlContent>
                <p>Location changed from 1100 Pennsylvania Avenue, NW; Washington, DC 20506.</p>
            </xhtmlContent>
        </subsection>
    </section>

    <section id="nea8" toc="yes">
        <systemNumber>/NEA-8</systemNumber>
        <subsection type="systemName">
            Government Purchasing Card Holders.
        </subsection>
        <subsection type="securityClassification">
            <xhtmlContent>
                <p>Sensitive.</p>
                </xhtmlContent>
    </subsection>
        <subsection type="systemLocation">
            <xhtmlContent>
                <p>400 7th Street, SW; Washington, DC 20506.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="systemManager">
            <xhtmlContent>
                <p>Administrative Officer (Director of Administrative Services) and/or Director of Finance; gendrong@arts.gov</p>
            </xhtmlContent>
        </subsection>
        <subsection type="authorityForMaintenance">
            <xhtmlContent>
                <p>National Foundation on the Arts and the Humanities Act of 1965, as amended (20 U.S.C. 951 et seq).</p>
            </xhtmlContent>
        </subsection>
        <subsection type="purpose">
            <xhtmlContent>
                <p>To maintain a record of Endowment employees authorized to use government purchasing cards.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="categoriesOfIndividuals">
            <xhtmlContent>
                <p>Endowment employees who have been issued credit cards to make official purchases.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="categoriesOfRecords">
            <xhtmlContent>
                <p>Name, office, account number, and spending limits.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="recordSourceCategories">
            <xhtmlContent>
                <p>Data in this system is obtained from individuals covered by the system, as well as from Endowment employees involved in administration and oversight of government purchasing cards.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="routineUsesOfRecords">
            <xhtmlContent>
                <p>See the list of General Routine Uses contained in the Preliminary Statement.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="policiesAndPractices">
            <xhtmlContent>
                <p>The Administrative Services Office maintains records in this system in an electronic database and in paper records in file cabinets. The Finance Office maintains additional paper records in this system in file cabinets.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="retentionAndDisposal">
            <xhtmlContent>
                <p>Electronic records in this system are retrieved by name, office, account number, or spending limit. Paper records in this system are retrieved by name or Social Security number.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="policiesAndPractices">
            <xhtmlContent>
                <p>Records in this system are maintained on an indefinite basis for reference purposes. Records concerning individuals not issued credit cards are destroyed.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="safeguards">
            <xhtmlContent>
                <p>Access to electronic records in this system is controlled by a password, which is available only to the Approving Official. Rooms containing paper records in this system are kept locked during non-working hours.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="recordAccessProcedures">
            <xhtmlContent>
                <p>See 45 CFR Part 1159.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="contestingRecordProcedures">
            <xhtmlContent>
                <p>See 45 CFR Part 1159.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="notificationProcedure">
            <xhtmlContent>
                <p>See 45 CFR Part 1159.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="exemptionsClaimed">
            <xhtmlContent>
                <p>None.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="history">
            <xhtmlContent>
                <p>Government Purchasing Card Holders System Location changed from 1100 Pennsylvania Avenue, NW;</p>
                <p>Washington,</p>
            </xhtmlContent>
        </subsection>
    </section>


    <section id="nea9" toc="yes">
        <systemNumber>/NEA-9</systemNumber>
        <subsection type="systemName">
            Financial Management Information System(FMIS), DELPHI (the Department of Transportation's (DOT’s) Oracle Federal Financial System made available to the National Endowment for the Arts (NEA) through a cross-servicing agreement with DOT’s Enterprise Service Center.
        </subsection>

        <subsection type="securityClassification">
            <xhtmlContent>
                <p>
                    Sensitive.
                </p>
            </xhtmlContent>
        </subsection>

        <subsection type="systemLocation">
            <xhtmlContent>
                <p>Authorized NEA staff may access DELPHI Oracle Federal Financial System electronically via an online web portal.  This system is hosted by the Department of Transportation facility in Oklahoma City, Oklahoma.  NEA stores certain supporting documents in hard-copy files with its Finance and Budget Office.  DOT provides these services under System of Record Notice DOT/ALL 7.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="systemManager">
            <xhtmlContent>
                <p>Accounting Officer (Director of Finance); renh@ats.gov</p>
            </xhtmlContent>
        </subsection>
        <subsection type="authorityForMaintenance">
            <xhtmlContent>
                <p>National Foundation on the Arts and the Humanities Act of 1965, as amended (20 U.S.C. 951 et seq).</p>
            </xhtmlContent>
        </subsection>
        <subsection type="purpose">
            <xhtmlContent>
                <p>To promote effective fund control and financial management; to provide a central repository for information about the NEA’s financial transactions; and to enable the NEA Budget and Finance offices to share a common system for entering allocation, commitment, and obligation information.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="categoriesOfRecords">
            <xhtmlContent>
                <p>Name, address, Social Security number, object class, category code, discipline code, office code, sub-object class code, bank information, Common Accounting Number, Council meeting number, document number, schedule number, tax/employee identification number, vendor number, funding fiscal year, transaction processing dates, and fund type.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="categoriesOfIndividuals">
            <xhtmlContent>
                <p>NEA staff employees, grant recipients, vendors, and other individuals involved in financial transactions with the NEA.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="recordSourceCategories">
            <xhtmlContent>
                <p>Data in this system is obtained from individuals covered by the system and from NEA employees who are involved with the NEA’s fund control and financial management.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="routineUsesOfRecords">
            <xhtmlContent>
                <p>See the list of General Routine Uses contained in the Preliminary Statement. In addition, this system interfaces with the Grants Management System (GMS) (see NEA-4) and extracts data from a magnetic tape containing Payroll/Personnel information generated by the Department of Agriculture's National Finance Center (NFC).</p>
            </xhtmlContent>
        </subsection>
        <subsection type="policiesAndPractices">
            <xhtmlContent>
                <p>Records in this system are maintained on electronically.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="retrievability">
            <xhtmlContent>
                <p>Records in this system are retrieved by name, Social Security number, tax/employee identification number, or vendor number.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="retentionAndDisposal">
            <xhtmlContent>
                <p>Records in this system are maintained on an indefinite basis for reference purposes.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="safeguards">
            <xhtmlContent>
                <p>This system is maintained in a locked computer room that can be accessed only by authorized employees of the NEA and the National Endowment for the Humanities. Access to records in this system is further controlled by password, available to the Budget, Finance, and Information and Technology Management Offices. Different levels of modification rights are assigned to these three offices and NEA employees therein, based on their specific job functions.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="recordAccessProcedures">
            <xhtmlContent>
                <p>See 45 CFR Part 1159.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="contestingRecordProcedures">
            <xhtmlContent>
                <p>See 45 CFR Part 1159.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="notificationProcedure">
            <xhtmlContent>
                <p>See 45 CFR Part 1159.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="exemptionsClaimed">
            <xhtmlContent>
                <p>None.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="history">
            <xhtmlContent>
                <p>Financial Management Information System (FMIS) System Location changed from 1100 Pennsylvania Avenue, NW; Washington, DC 20506.</p>
            </xhtmlContent>
        </subsection>
    </section>

    <section id="nea10" toc="yes">
        <systemNumber>/NEA-10</systemNumber>
        <subsection type="systemName">
            Finance, Subsidiary Tracking Systems.
        </subsection>
        <subsection type="securityClassification">
            <xhtmlContent>
                <p>Sensitive.</p>
                </xhtmlContent>
    </subsection>
        <subsection type="systemLocation">
            <xhtmlContent>
                <p>Finance Office; 400 7th Street, SW; Washington, DC; 20506. NEA staff may access the E2 Solutions information system electronically via online.   This system is sponsored by the U.S. General Services Administration Program Management Office (GSA PMO).  GSA provides these services under the System of Records Notice GSA/GOVT-4.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="systemManager">
            <xhtmlContent>
                <p>Accounting Officer (Director of Finance); rerenh@arts.gov</p>
            </xhtmlContent>
        </subsection>
        <subsection type="categoriesOfIndividuals">
            <xhtmlContent>
                <p>National Foundation on the Arts and the Humanities Act of 1965, as amended (20 U.S.C. 951 et seq).</p>
            </xhtmlContent>
        </subsection>
        <subsection type="purpose">
            <xhtmlContent>
                <p>To supplement DELPHI with electronic records that cannot be maintained within that system.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="categoriesOfIndividuals">
            <xhtmlContent>
                <p>Grant recipients, Endowment employees, vendors, and other individuals involved in financial transactions with the Endowment.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="categoriesOfRecords">
            <xhtmlContent>
                (1)	<p>Files contain payment information for processing all payments.</p>
                (2)	<p>The Travel Authorizations Files contain employee expense data from travel duty.  The GSA has given</p>
                <p>       notice of its system of records covering the official travel files GSA/GOVT-4.</p>
                <p>      (3)  The Travel Voucher Files containing employee expense data from travel duty.  The GSA has given</p>
                <p>       notice of its system of records covering travel service providers GSA/GOVT-4.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="recordSourceCategories">
            <xhtmlContent>
                <p>Data in this system is obtained from individuals covered by the system and from Endowment employees who are involved with the management of these subsidiary tracking systems.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="routineUsesOfRecords">
            <xhtmlContent>
                <p>See the list of General Routine Uses contained in the Preliminary Statement.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="policiesAndPractices">
            <xhtmlContent>
                <p>Records in this system are maintained in electronic databases.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="retrievability">
            <xhtmlContent>
                <p>Records in the Secure Payment System (SPS) are retrieved by name, Social Security number, taxpayer identification number, or supplier number.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="retentionAndDisposal">
            <xhtmlContent>
                <p>Records in this system are maintained on an indefinite basis for reference purposes.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="safeguards">
            <xhtmlContent>
                <p>Access to records in this system is controlled by password.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="recordAccessProcedures">
            <xhtmlContent>
                <p>See 45 CFR Part 1159.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="contestingRecordProcedures">
            <xhtmlContent>
                <p>See 45 CFR Part 1159.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="notificationProcedure">
            <xhtmlContent>
                <p>See 45 CFR Part 1159.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="exemptionsClaimed">
            <xhtmlContent>
                <p>None.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="history">
            <xhtmlContent>
                <p>Finance, Subsidiary Tracking System Location changed from 1100 Pennsylvania Avenue, NW; Washington, DC 20506.</p>
            </xhtmlContent>
        </subsection>
    </section>

    <section id="nea11" toc="yes">
        <systemNumber>/NEA-11</systemNumber>
        <subsection type="systemName">
            Finance, Paper Files.
        </subsection>
        <subsection type="securityClassification">
            <xhtmlContent>
                <p>Sensitive. </p>
            </xhtmlContent>
        </subsection>
        <subsection type="systemLocation">
            <xhtmlContent>
                <p> Finance Office; 400 7th Street, SW; Washington, DC; 20506</p>
            </xhtmlContent>
        </subsection>
        <subsection type="systemManager">
            <xhtmlContent>
                <p>Accounting Officer (Director of Finance); renh@arts.gov</p>
            </xhtmlContent>
        </subsection>
        <subsection type="authorityForMaintenance">
            <xhtmlContent>
                <p>National Foundation on the Arts and the Humanities Act of 1965, as amended (20 U.S.C. 951 seq).  In addition, the maintenance of debt collection records in the Accounts Receivables Files is authorized by the Debt Collection Act of 1982, Pub. L. 97-365; the Cash Management Improvement Act Amendments of 1992; and the Debt Collection Improvement Act of 1996 (Pub. L. I 04-134).</p>
            </xhtmlContent>
        </subsection>
        <subsection type="purpose">
            <xhtmlContent>
                <p>To supplement DELPHI with information well suited for maintenance in hard copy form.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="categoriesOfIndividuals">
            <xhtmlContent>
                <p>Grant recipients, Endowment employees, vendors, and other individuals involved in financial transactions with the Endowment.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="categoriesOfRecords">
            <xhtmlContent>
                <p>(1) The Accounts Receivables Files contain data concerning the type and amount of debts owed to the Endowment, as well as debt collection efforts. These files contain, as appropriate, the name and address of the debtor; taxpayer's identification number; basis of the debt; date a debt became delinquent; amounts accrued for interest, penalties, administrative costs, and payment on account; date the debt was referred to the Treasury for offset; and basis for termination of debt. These files also include copies of bills for collection; invoices; correspondence between the Endowment and the debtor relating to the debt; and documents required to refer accounts to the Treasury, other Federal agencies, or private collection contractor for debt collection.</p>
                <p>(2) The Donations to Gift Fund Files contain copies of checks and letters submitted by donors.</p>
                <p>(3) The 1099 Files contain data concerning expenses over $600 per calendar year that are reported to the Internal Revenue Service.</p>
                <p>(4) The Travel Credit Cards Files contain applications for credit cards and credit score reports.  The GSA has given notice of its system of records covering the official Travel Charge Card Program GSA/GOVT-3.</p>
                <p>(5) The Star Awards Files contain data concerning awards for Endowment employees.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="recordSourceCategories">
            <xhtmlContent>
                <p>Data in this system is obtained from individuals covered by the system, Endowment employees, creditor agencies, collection agencies, credit bureaus, Federal employing agencies, and other Federal agencies furnishing identifying information.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="routineUsesOfRecords">
            <xhtmlContent>
                <p>See the list of General Routine Uses contained in the Preliminary Statement.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="policiesAndPractices">
            <xhtmlContent>
                <p>Records in this system are maintained in file cabinets.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="retrievability">
            <xhtmlContent>
                <p>Records in this system are retrieved by name; Social Security number; taxpayer identification number; or contract number of the employee, contractor, or grantee.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="retentionAndDisposal">
            <xhtmlContent>
                <p>The retention and disposal of debt collection records in the Accounts Receivables Files are covered by the General Services Administration's General Records Schedule 6. Other records in this system are retained on site or in storage for six years and three months, and then destroyed.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="safeguards">
            <xhtmlContent>
                <p>Rooms containing the records in this system are kept locked during non-working hours.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="recordAccessProcedures">
            <xhtmlContent>
                <p>See45 CFR Part 1159.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="contestingRecordProcedures">
            <xhtmlContent>
                <p>See45 CFR Part 1159.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="notificationProcedure">
            <xhtmlContent>
                <p> See 45 CFR Part 1159.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="exemptionsClaimed">
            <xhtmlContent>
                <p>None.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="history">
            <xhtmlContent>
                <p>      Finance, Paper Files System Location changed from 1100 Pennsylvania Avenue, NW; Washington, DC  20506.</p>
            </xhtmlContent>
        </subsection>
    </section>

    <section id="nea12" toc="yes">
        <systemNumber>/NEA-12</systemNumber>
        <subsection type="systemName">
            Equal Employment Opportunity Complaint Case Files.
        </subsection>
        <subsection type="securityClassification">
            <xhtmlContent>
                <p>Sensitive.</p>
                </xhtmlContent>
    </subsection>
        <subsection type="systemLocation">
            <xhtmlContent>
                <p>Office of Equal Employment Opportunity/Civil Rights; 400 7th Street, SW; Washington, DC 20506.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="systemManager">
            <xhtmlContent>
                <p>Acting Director of   Civil Rights; medinaa@arts.gov</p>
            </xhtmlContent>
        </subsection>
        <subsection type="authorityForMaintenance">
            <xhtmlContent>
                <p>National Foundation on the Arts and the Humanities Act of 1965, as amended (20 U.S.C. 951 et</p>
                <p>seq).</p>
            </xhtmlContent>
        </subsection>
        <subsection type="purpose">
            <xhtmlContent>
                <p>To enable the Endowment to investigate and adjudicate internal complaints of discrimination.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="categoriesOfIndividuals">
            <xhtmlContent>
                <p>Endowment employees and applicants for employment at the Endowment who have filed formal complaints</p>
                <p>of discrimination against the Endowment.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="categoriesOfRecords">
            <xhtmlContent>
                <p>Relevant information concerning the complaint of discrimination, such as correspondence and documentation concerning the filing of the complaint and stages leading to its disposition.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="routineUsesOfRecords">
            <xhtmlContent>
                <p>Data in this system may be disclosed as necessary to enforce or implement the statute, rule, regulation, or order under which the charge of discrimination has been filed. This authorization includes disclosures of data to a Federal, state, or local agency charged with the responsibility of investigating, enforcing, or implementing such a statute, rule, regulation, or order. See also the list of General Routine Uses contained in the Preliminary Statement.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="policiesAndPractices">
            <xhtmlContent>
                <p>Records in this system are maintained on computer servers and in file cabinets.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="retrievability">
            <xhtmlContent>
                <p>Records in this system are retrieved by name.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="retentionAndDisposal">
            <xhtmlContent>
                <p>Complaint files are destroyed four years after resolution of the case.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="safeguards">
            <xhtmlContent>
                <p>EEO files on computer servers are limited in access to NEA EEO personnel only. Paper files are kept in a locked file cabinet.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="recordAccessProcedures">
            <xhtmlContent>
                <p>See 45 CFR Part 1159.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="contestingRecordProcedures">
            <xhtmlContent>
                <p>See 45 CFR Part 1159.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="notificationProcedure">
            <xhtmlContent>
                <p>See 45 CFR Part 1159.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="exemptionsClaimed">
            <xhtmlContent>
                <p>None.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="history">
            <xhtmlContent>
                <p>Equal Employment Opportunity Complaint Case Files System Location change 1100 Pennsylvania</p>
                <p>Avenue, NW; Washington, DC 20506</p>
            </xhtmlContent>
        </subsection>
    </section>
    <section id="nea13" toc="yes">
        <systemNumber>/NEA-13</systemNumber>
        <subsection type="systemName">
            Civil Rights Complaint Case Files.
        </subsection>
        <subsection type="securityClassification">
            <xhtmlContent>
                <p>Sensitive. </p>
            </xhtmlContent>
        </subsection>
        <subsection type="systemLocation">
            <xhtmlContent>
                <p>Office of Equal Employment Opportunity/Office of Civil Rights; 400 7th Street, SW; Washington, DC  20506.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="systemManager">
            <xhtmlContent>
                <p>Acting Director of Civil Rights; medinaa@arts.gov</p>
            </xhtmlContent>
        </subsection>
        <subsection type="authorityForMaintenance">
            <xhtmlContent>
                <p>National Foundation on the Arts and the Humanities Act of 1965, as amended (20 U.S.C. 951 et seq).</p>
            </xhtmlContent>
        </subsection>
        <subsection type="purpose">
            <xhtmlContent>
                <p>To enable the Endowment to investigate and adjudicate external complaints of discrimination.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="categoriesOfIndividuals">
            <xhtmlContent>
                <p>Individuals who have filed formal complaints of discrimination against the Endowment. However, this system does not include complaints made by either Endowment employees or applicants for employment at the Endowment.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="categoriesOfRecords">
            <xhtmlContent>
                <p>Relevant information concerning the complaint of discrimination, including correspondence and documentation concerning the filing of the complaint and stages leading to its disposition.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="recordSourceCategories">
            <xhtmlContent>
                <p>Data in this system is obtained from individuals covered by the system and from Endowment employees who are involved with the claim or proceeding.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="routineUsesOfRecords">
            <xhtmlContent>
                <p>Data in this system may be disclosed as necessary to enforce or implement the statute, rule, regulation or order under which the charge of discrimination has been filed.  This authorization includes disclosures of data to a federal, state, or local agency charged with the responsibility of investigating, enforcing, or implementing such a statute, rule, regulation, or order.  See also the list of General Routing Uses contained in the Preliminary Statement.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="policiesAndPractices">
            <xhtmlContent>
                <p>Records in this system are maintained on computer servers and in file cabinets.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="retrievability">
            <xhtmlContent>
                <p>Records in this system are retrieved by name or a control number assigned to each external complaint of discrimination.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="retentionAndDisposal">
            <xhtmlContent>
                <p>Complaint files are destroyed four years after resolution of the case</p>
            </xhtmlContent>
        </subsection>
        <subsection type="safeguards">
            <xhtmlContent>
                <p>Civil rights files on computer servers are limited in access to NEA Civil Rights personnel only. Paper files are kept in a locked file cabinet.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="recordAccessProcedures">
            <xhtmlContent>
                <p> See 45 CFR Part 1159.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="contestingRecordProcedures">
            <xhtmlContent>
                <p> See 45 CFR Part 1159.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="notificationProcedure">
            <xhtmlContent>
                <p> See45 CFR Part 1159.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="exemptionsClaimed">
            <xhtmlContent>
                <p>None.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="history">
            <xhtmlContent>
                <p>Civil Rights Complaint Case Files System Location change 1100 Pennsylvania Avenue, NW;</p>
                <p>Washington,</p>
            </xhtmlContent>
        </subsection>
    </section>

    <section id="nea14" toc="yes">
        <systemNumber>/NEA-14</systemNumber>
        <subsection type="systemName">
            Office of the Inspector General Investigative Files.
        </subsection>

        <subsection type="securityClassification">
            <xhtmlContent>
                <p>Sensitive.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="systemLocation">
            <xhtmlContent>
                <p>Office of the Inspector General; 400 7th Street, SW; Washington, DC   20506.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="systemManager">
            <xhtmlContent>
                <p>Inspector General; stithr@arts.gov</p>
            </xhtmlContent>
        </subsection>
        <subsection type="authorityForMaintenance">
            <xhtmlContent>
                <p>Inspector General Act of 1978, as amended (5 U.S.C. app. 3).</p>
            </xhtmlContent>
        </subsection>
        <subsection type="purpose">
            <xhtmlContent>
                <p>To maintain files of investigative and reporting activities carried out by the Office of the Inspector General.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="purpose">
            <xhtmlContent>
                <p>   To maintain files of investigative and reporting activities carried out by the Office of the Inspector</p>
                <p>   General.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="categoriesOfIndividuals">
            <xhtmlContent>
                <p>Individuals and entities who are or have been the subject of investigations by the Office of the Inspector General, or who provide information in connection with such investigations. These individuals include, but are not limited to, former and present Endowment employees; former and present Endowment grant recipients; former and present contractors and subcontractors, and their employees; former and present consultants; and other individuals and entities that had, have, or are seeking to obtain business relationships with the Endowment.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="categoriesOfRecords">
            <xhtmlContent>
                <p>Correspondence relevant to the investigation; working papers of the staff, investigative notes, internal staff memoranda, and other documents and records relating to the investigation;</p>
                <p>information about criminal, civil, or administrative referrals; information provided by subjects of the investigation, individuals with whom the subjects are associated, complainants, or witnesses; information provided by Federal, State, or local governmental investigative or law enforcement agencies, or other organizations; copies of subpoenas issued during the investigation; and opening reports, progress reports, and closing reports, with recommendations for corrective action.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="recordSourceCategories">
            <xhtmlContent>
                <p>Data in this system is obtained from individuals who are covered by the system, as well as from individuals with whom the subjects are associated; Federal, State, or local governmental investigative or law enforcement agencies; and other organizations.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="routineUsesOfRecords">
            <xhtmlContent>
                <p>Data in this system may be disclosed to any source, either private or governmental, to the extent necessary to secure from such source information relevant to, and sought in furtherance of, a legitimate investigation or audit. Data in this system may also be disclosed to the Office of the Inspector General's or the Endowment's legal representative, including the U.S. Department of Justice and other outside legal counsel, when the Office of the Inspector General or the Endowment is a party in actual or anticipated litigation or has an interest in such litigation.</p>
                <p>See also the list of General Routine Uses contained in the Preliminary Statement.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="policiesAndPractices">
            <xhtmlContent>
                <p>Records in this system are maintained in file cabinets.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="retrievability">
            <xhtmlContent>
                <p>Records in this system are retrieved by name, report number, or chronological ordering.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="retentionAndDisposal">
            <xhtmlContent>
                <p>Records in this system are maintained on-site until eligible for destruction. Work papers used in evaluating grantees' audit reports and financial statements are destroyed on a three-year cycle, or until eligible for destruction.  Work papers and correspondence prepared and/or obtained during the clearance process of audit recommendations are destroyed on a six-year cycle from the date that the recommendations are cleared. All other records in this system are destroyed on a seven-year cycle.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="safeguards">
            <xhtmlContent>
                <p>Work papers for allegation and other investigative reviews conducted by or for the Office of the</p>
                <p>Inspector General are kept in a locked file cabinet. All records in this system are kept in rooms that are locked during non-working hours and are accessible to the Inspector General only.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="recordAccessProcedures">
            <xhtmlContent>
                <p>The major part of this system is exempted from this requirement pursuant to 5 U.S.C.</p>
                <p>      552a (j) (2) or (k) (2). To the extent that this system is not subject to exemption, it is subject to access. A</p>
                <p>     determination as to exemption shall be made at the time a request for access is received. Access requests</p>
                <p>     must be sent to the Office of the General Counsel in accordance with the procedures published at 45 CFR</p>
                <p>      Part 1159.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="contestingRecordProcedures">
            <xhtmlContent>
                <p>The major part of this system is exempted from this requirement pursuant to 5 U.S.C. 552a (j) (2) or (k) (2). To the extent that this system is not subject to exemption, it is subject to access and contest. A determination as to exemption shall be made at the time a request for access is received. Access requests must be sent to the Office of the General Counsel in accordance with the procedures published at 45 CFR Part 1159.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="notificationProcedure">
            <xhtmlContent>
                <p>See 45 CFR Part 1159.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="exemptionsClaimed">
            <xhtmlContent>
                <p>This system is exempted from 5 U.S.C. 552a except subsections (b); (c)(l) and (2); (e)(4)(A) through (F); (e)(6), (7), (9), (10), and (11); and (i) under 552a(i)(2) to the extent that the system pertains to enforcement of criminal laws. This system is exempted from 5 U.S.C. 552a(c)(3); (d); (e)(l); (e)(4)(G), (H), and (I); and (f) under 5 U.S.C. 552a(k)(2) to the extent that the system consists of investigatory material compiled for law enforcement purposes, other than material within the scope of the exemption at 5 U.S.C. 552a (j) (2). These exemptions are contained in 45 CFR Part 1159.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="history">
            <xhtmlContent>
                <p>Office of the Inspector General Investigative Files System Location changed from 1100 Pennsylvania</p>
                <p>Avenue, NW; Washington, DC 20506.</p>
            </xhtmlContent>
        </subsection>
    </section>

    <section id="nea15" toc="yes">
        <systemNumber>/NEA-15</systemNumber>
        <subsection type="systemName">
            Senate Nomination Files - National Council on the Arts
        </subsection>
        <subsection type="securityClassification">
            <xhtmlContent>
                <p>Sensitive.</p>
                </xhtmlContent>
    </subsection>
        <subsection type="systemLocation">
            <xhtmlContent>
                <p>Office of General Counsel; 400 7th Street, SW; Washington, DC, 20506.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="systemManager">
            <xhtmlContent>
                <p>Designated Agency Ethics Officer; zachariaha@arts.gov</p>
            </xhtmlContent>
        </subsection>
        <subsection type="authorityForMaintenance">
            <xhtmlContent>
                <p>National Foundation on the Arts and the Humanities Act of 1965, as amended (20 U.S.C. 951et</p>
                <p>seq.) 5 CFR 2634.901 et seq.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="purpose">
            <xhtmlContent>
                <p>To maintain a record of the members of the NCA’s financial disclosure reports upon nomination.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="categoriesOfIndividuals">
            <xhtmlContent>
                <p>Members of the National Council on the Arts (NCA).</p>
            </xhtmlContent>
        </subsection>
        <subsection type="categoriesOfRecords">
            <xhtmlContent>
                <p>Confidential Financial Disclosure Reports (SF-450), and clearance letters to the U.S. Senate for nominees to the NCA.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="recordSourceCategories">
            <xhtmlContent>
                <p>Data in this system is obtained from individuals covered by the system.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="policiesAndPractices">
            <xhtmlContent>
                <p>Records are kept electronically as well as in hard copy that are locked in file cabinets.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="retrievability">
            <xhtmlContent>
                <p>Records are kept electronically as well as in hard copy that are locked in file cabinets.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="retentionAndDisposal">
            <xhtmlContent>
                <p>Records are destroy(ed) 6 years after receipt of the OGE Form 450 by the agency, except when the OGE Form 450 supports one or more subsequent Optional OGE Form 450-As then destroy 6 years after receipt of the last related OGE Form 450-A by the agency, or when no longer needed for active investigation, whichever is later.  This disposition instruction is mandatory; deviations are not allowed.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="safeguards">
            <xhtmlContent>
                <p>This system is maintained in a locked file cabinet within an office that is locked during non­business hours.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="recordAccessProcedures">
            <xhtmlContent>
                <p>See 45 CFR Part 1159.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="contestingRecordProcedures">
            <xhtmlContent>
                <p>See 45 CFR Part 1159.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="notificationProcedure">
            <xhtmlContent>
                <p>See 45 CFR Part 1159.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="exemptionsClaimed">
            <xhtmlContent>
                <p>None.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="history">
            <xhtmlContent>
                <p>Office of the Inspector General Investigative Files System Location changed from 1100 Pennsylvania</p>
                <p>Avenue, NW; Washington, DC 20506.</p>
            </xhtmlContent>
        </subsection>
    </section>

    <section id="nea16" toc="yes">
        <systemNumber>/NEA-16</systemNumber>
        <subsection type="systemName">
            Jazz Masters Recipients.
        </subsection>
        <subsection type="securityClassification">
            <xhtmlContent>
                <p>Sensitive.</p>
            </xhtmlContent>

        </subsection>
        <subsection type="systemLocation">
            <xhtmlContent>
                <p>Performing Arts Division; 400 7th Street, SW; Washington, DC, 20506.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="systemManager">
            <xhtmlContent>
                <p>Division Coordinator; Performing Arts Division; medinaa@arts.gov</p>
            </xhtmlContent>
        </subsection>
        <subsection type="authorityForMaintenance">
            <xhtmlContent>
                <p>National Foundation on the Arts and the Humanities Act of 1965, as amended (20 U.S.C. 95 1et</p>
                <p>seq.).</p>
            </xhtmlContent>
        </subsection>
        <subsection type="purpose">
            <xhtmlContent>
                <p>To create a central repository for information about individuals who have been nominated to receive a NEA Jazz Masters Fellowship award and to create a record of NEA Jazz Masters Fellowship recipients.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="categoriesOfIndividuals">
            <xhtmlContent>
                <p>Individuals nominated to receive a NEA Jazz Masters award from the Endowment and recipients of the award.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="categoriesOfRecords">
            <xhtmlContent>
                <p>Name, address, telephone number, email, biographical information.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="recordSourceCategories">
            <xhtmlContent>
                <p>Data in this system is obtained from individuals covered by the system.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="routineUsesOfRecords">
            <xhtmlContent>
                <p>Information in this system is used to compile nominee packages for review by a panel in selecting the recipients of the NEA Jazz Masters Fellowship award.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="policiesAndPractices">
            <xhtmlContent>
                <p>All records in this system are maintained in paper format in file cabinets and in electronic form in a</p>
                <p>Database.  Accessible only to division staff.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="policiesAndPractices">
            <xhtmlContent>
                <p>Records in this system are retrieved by name of nominee or by name of recipient.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="retentionAndDisposal">
            <xhtmlContent>
                <p>Records pertaining to nominees are maintained for five years. After five years have passed, nominee records are shredded. Records pertaining to recipients are maintained permanently at the Endowment.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="safeguards">
            <xhtmlContent>
                <p>Records in this system are maintained in a locked file cabinet located within an office that is kept locked during non-business hours.  Electronic records in this system are accessible only to division staff.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="recordAccessProcedures">
            <xhtmlContent>
                <p>See 45 CFR Part 1159.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="contestingRecordProcedures">
            <xhtmlContent>
                <p>See 45 CFR Part 1159.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="notificationProcedure">
            <xhtmlContent>
                <p> See 45 CFR Part 1159.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="exemptionsClaimed">
            <xhtmlContent>
                <p>None.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="history">
            <xhtmlContent>
                <p>Jazz Masters Recipients System Location changed from 1100 Pennsylvania Avenue, NW; Washington,</p>
                <p>DC 20506.</p>
            </xhtmlContent>
        </subsection>
    </section>

    <section id="nea17" toc="yes">
        <systemNumber>/NEA-17</systemNumber>
        <subsection type="systemName">
            National Heritage Fellowship Recipients.
        </subsection>
        <subsection type="securityClassification">
            <xhtmlContent>
                <p>Sensitive.</p>
                </xhtmlContent>
    </subsection>
        <subsection type="systemLocation">
            <xhtmlContent>
                <p>Multidisciplinary Division; 400 7th Street, SW; Washington, DC, 20506.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="systemManager">
            <xhtmlContent>
                <p>Division Coordinator; murphyc@arts.gov</p>
            </xhtmlContent>
        </subsection>
        <subsection type="authorityForMaintenance">
            <xhtmlContent>
                <p>National Foundation on the Arts and the Humanities Act of 1965, as amended (20 U.S.C. 951 et</p>
                <p>seq.).</p>
            </xhtmlContent>
        </subsection>
        <subsection type="purpose">
            <xhtmlContent>
                <p>To create a central repository for information about individuals who have been nominated to receive a National Heritage Fellowship and to create a record of National Heritage Fellowship recipients.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="categoriesOfIndividuals">
            <xhtmlContent>
                <p>Individuals nominated to receive a National Heritage Fellowship from the Endowment and recipients of the fellowship.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="categoriesOfRecords">
            <xhtmlContent>
                <p>Name, address, telephone number, email, biographical information.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="recordSourceCategories">
            <xhtmlContent>
                <p>Data in this system is obtained from individuals covered by the system.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="routineUsesOfRecords">
            <xhtmlContent>

                <p>Information in this system is used to compile nominee packages for review by a panel in selecting the recipients of National Heritage Fellowships.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="policiesAndPractices">
            <xhtmlContent>
                <p>All records in this system are maintained in paper format in locked file cabinets and in electronic form in a database accessible only to division staff.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="retrievability">
            <xhtmlContent>
                <p>Records in this system are retrieved by name of nominee or by name of recipient.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="policiesAndPractices">
            <xhtmlContent>
                <p>Records pertaining to nominees are maintained for five years. After five years have passed, nominee records are shredded. Records pertaining to recipients are maintained permanently at the Endowment.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="safeguards">
            <xhtmlContent>
                <p>Papers in this system are maintained in a locked file cabinet located within an office that is kept locked during non-business hours. Electronic records in this system are password protected and accessible only to division staff.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="recordAccessProcedures">
            <xhtmlContent>
                <p>See 45 CFR Part 1159.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="contestingRecordProcedures">
            <xhtmlContent>
                <p>See 45 CFR Part 1159.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="notificationProcedure">
            <xhtmlContent>
                <p>See 45 CFR Part 1159.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="exemptionsClaimed">
            <xhtmlContent>
                <p>None.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="history">
            <xhtmlContent>
                <p>National Heritage Fellowship Recipients System Location changed from 1100 Pennsylvania Avenue, NW;</p>
                <p>Washington, DC 20506.</p>
            </xhtmlContent>
        </subsection>
    </section>

    <section id="nea18" toc="yes">
        <systemNumber>/NEA-18</systemNumber>
        <subsection type="systemName">
            Literature Fellowship Recipients.
        </subsection>
        <subsection type="securityClassification">
            <xhtmlContent>
                <p>Sensitive.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="systemLocation">
            <xhtmlContent>
                <p>Literature Division; 400 7th Street, SW; Washington, DC 20506.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="systemManager">
            <xhtmlContent>
                <p>Literature Director, stollsa@arts.gov</p>
            </xhtmlContent>
        </subsection>
        <subsection type="authorityForMaintenance">
            <xhtmlContent>
                <p>National Foundation on the Arts and the Humanities Act of 1965, as amended (20 U.S.C. 951 et</p>
                <p>seq.).</p>
            </xhtmlContent>
        </subsection>
        <subsection type="purpose">
            <xhtmlContent>
                <p>To create a central repository for information about individuals who have been nominated to receive a Literature Fellowship and to create a record of Literature Fellowship recipients.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="categoriesOfIndividuals">
            <xhtmlContent>
                <p>Individual applicants for a Literature Fellowship from the Endowment and recipients of the fellowship.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="categoriesOfRecords">
            <xhtmlContent>
                <p>Name, address, telephone number, email address, biographical information.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="recordSourceCategories">
            <xhtmlContent>
                <p>Data in this system is obtained from individuals covered by the system.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="routineUsesOfRecords">
            <xhtmlContent>
                <p>Information in this system is used to compile nominee packages for review by a panel in selecting the recipients of Literature Fellowships.</p>
                 </xhtmlContent>
    </subsection>
        <subsection type="policiesAndPractices">
            <xhtmlContent>
                <p>All records in this system are maintained in electronic format in the Electronic Grants Management System (eGMS).</p>
            </xhtmlContent>
        </subsection>
        <subsection type="retrievability">
            <xhtmlContent>
                <p>Records in this system are retrieved by name of recipient or by application number.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="retentionAndDisposal">
            <xhtmlContent>
                <p>Records pertaining to unsuccessful applicants are kept in eGMS permanently. Records pertaining to award   recipients are maintained permanently at the Endowment</p>
            </xhtmlContent>
        </subsection>
        <subsection type="safeguards">
            <xhtmlContent>
                <p>Records in this system are maintained in eGMS, a secure system accessed only by NEA staff PIV card.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="recordAccessProcedures">
            <xhtmlContent>
                <p>See45 CFR Part 1159.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="contestingRecordProcedures">
            <xhtmlContent>
                <p>See 45 CFR Part 1159</p>
            </xhtmlContent>
        </subsection>
        <subsection type="notificationProcedure">
            <xhtmlContent>
                <p>See 45 CFR Part 1159</p>
            </xhtmlContent>
        </subsection>
        <subsection type="exemptionsClaimed">
            <xhtmlContent>
                <p>None.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="history">
            <xhtmlContent>
                <p>Literature Fellowship Recipients System Location changed from 1100 Pennsylvania Avenue, NW;</p>
                <p>Washington, DC 20506.</p>
            </xhtmlContent>
        </subsection>
    </section>

    <section id="nea19" toc="yes">
<systemNumber>/NEA-19</systemNumber>
<subsection type="systemName">Opera Honor Award Recipients.
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>Arts Education/Music/Opera/Presenting Division, 1100 Pennsylvania Avenue, NW., Suite 703, Washington, DC 20506.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Individuals nominated to receive an Opera Honor Award from the Endowment and recipients of the award.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>Name, address, telephone number, biographical information.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>National Foundation on the Arts and the Humanities Act of 1965, as amended (20 U.S.C. 951 <i>et seq.</i>).
</p><p>Purpose:</p>
<p>To create a central repository for information about individuals who have been nominated to receive an Opera Honor Award and to create a record of Opera Honor Award recipients.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>Information in this system is used to compile nominee packages for review by a panel in selecting the recipients of the Opera Honor Awards.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent>
<p>Storage:</p>
<p>All records in this system are maintained in paper format in locked file cabinets.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Records in this system are retrieved by name of nominee or by name of recipient.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Records in this system are maintained in a locked file cabinet located within an office that is kept locked during non-business hours.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Records pertaining to nominees are maintained for five years. After five years have passed, nominee records are shredded. Records pertaining to recipients are maintained permanently at the Endowment.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Division Coordinator; Arts Education/Music/Opera/Presenting Division, National Endowment for the Arts, 1100 Pennsylvania Avenue, NW., Washington, DC 20506.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>See 45 CFR Part 1159.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>See 45 CFR Part 1159.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>See 45 CFR Part 1159.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Data in this system is obtained from individuals covered by the system.
</p></xhtmlContent></subsection>
<subsection type="exemptionsClaimed"><xhtmlContent><p>None.
</p></xhtmlContent></subsection></section>


    <section id="imls-1" toc="yes">
        <systemNumber>/imsl-1</systemNumber>
        <subsection type="systemName"> Electronic Grant Management System</subsection>
        <subsection type="securityClassification">
            <xhtmlContent>
                <p>Unclassified.</p> </xhtmlContent>
                </subsection>
        <subsection type="systemLocation">
            <xhtmlContent>
                <p>Office of the Chief Information Officer, Institute of Museum and Library Services, 955 L’Enfant Plaza North SW, 4th Floor, Washington, DC 20024.   Authorized personnel may access IMLS’s electronic grant management system (eGMS) via an online portal.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="systemManager">
            <xhtmlContent>
                <p>Deputy Directors of the Office of Museum Services and Office of Library Services, Institute of Museum and Library Services, 955 L’Enfant Plaza North SW, 4th Floor, Washington, DC 20024.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="authorityForMaintenance">
            <xhtmlContent>
                <p>The Museum and Library Services Act of 2018 (20 U.S.C. 9101 et seq.)</p>
            </xhtmlContent>
        </subsection>
        <subsection type="purpose">
            <xhtmlContent>
                <p>To provide a central repository for information about expert reviewers, grant applicants, award recipients, and awards.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="categoriesOfIndividuals">
            <xhtmlContent>
                <p>Individuals who have applied to or have served as peer review panelists.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="categoriesOfRecords">
            <xhtmlContent>
                <p>Names of individuals, home and work addresses, telephone numbers, email addresses, Social Security Numbers (only from those panelists receiving payment from IMLS), identification numbers assigned by IMLS, review group assignments, and other data concerning potential and actual reviewers, including area of expertise, institutional affiliations, peer reviewer notes and application grading, payment and/or travel reimbursement information, grant application materials, and written communication with IMLS.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="recordSourceCategories">
            <xhtmlContent>
                <p>Data in this system is obtained from individuals covered by the system, as well as from IMLS employees involved in the administration of grants.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="routineUsesOfRecords">
            <xhtmlContent>
                <p>Data in this system may be used for the selection of reviewers and payment of honoraria to panelists, and general administration of the grant review process (evaluation of applications for federal assistance, management of active grants, communication with grantees, and processing of disbursement of grant funds). See also the list of General Routine Uses contained in the Preliminary Statement.</p>
                </xhtmlContent>
    </subsection>
        <subsection type="policiesAndPractices">
            <xhtmlContent>
                <p>Records in this system are maintained in an electronic database and digital file repository.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="retrievability">
            <xhtmlContent>
                <p>Records in this system are retrieved by name, email address, eGMS identification number, review group assignment, or by the identification number of an application.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="retentionAndDisposal">
            <xhtmlContent>
                <p>Records in this system are updated on a continuing basis when reviewers are assigned to a review group and as new information is received.  Records will be removed only in accordance with the disposition authority provided by IMLS records schedules.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="safeguards">
            <xhtmlContent>
                <p>Access to records in this system by IMLS staff is controlled by password and dual factor authentication, with different levels of modification rights assigned to individuals and offices at IMLS based upon their specific job functions. Access limited to authorized personnel whose duties require such access, and to those functions necessary for the performance of their duties.  IMLS provides grant applicants and peer review panelists individual accounts with access restricted to only those grant applications with which the individual is affiliated.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="recordAccessProcedures">
            <xhtmlContent>
                <p>See 45 CFR part 1182.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="contestingRecordProcedures">
            <xhtmlContent>
                <p>See 45 CFR part 1182.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="notificationProcedure">
            <xhtmlContent>
                <p>See 45 CFR part 1182.</p></xhtmlContent>
        </subsection>
        <subsection type="exemptionsClaimed">
            <xhtmlContent>
                <p>None.</p></xhtmlContent>
        </subsection>
        <subsection type="history">
            <xhtmlContent>
                <p>84 FR 1796.</p>
            </xhtmlContent>
        </subsection>
    </section>




    <section id="imls-3" toc="yes">
        <systemNumber>/imsl-3</systemNumber>
        <subsection type="systemName"> Federal Personnel and Payroll System.</subsection>
        <subsection type="securityClassification">
            <xhtmlContent>
                <p>Unclassified.</p> </xhtmlContent>
                </subsection>
        <subsection type="systemLocation">
            <xhtmlContent>
                <p>Institute of Museum and Library Services, 955 L’Enfant Plaza North SW, 4th Floor, Washington, DC 20024, U.S. Department of Interior, Interior Business Center, Denver, Colorado.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="systemManager">
            <xhtmlContent>
                <p>Human Resources Officer, Institute of Museum and Library Services, 955 L’Enfant Plaza North SW, 4th Floor, Washington, DC 20024.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="authorityForMaintenance">
            <xhtmlContent>
                <p>The Museum and Library Services Act of 2018 (20 U.S.C. 9101 et seq.); Federal Personnel Manual and Treasury Fiscal Requirements Manual.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="purpose">
            <xhtmlContent>
                <p>To document IMLS’s personnel processes and to calculate and process payroll.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="categoriesOfIndividuals">
            <xhtmlContent>
                <p>Employees of IMLS.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="categoriesOfRecords">
            <xhtmlContent>
                <p>Payroll and personnel information, such as time and attendance data, statements of earnings and leave, training data, wage and tax statements, and payroll and personnel transactions. This system includes data that also is maintained in IMLS’s official personnel folders, which are managed in accordance with Office of Personnel Management (OPM) regulations. The OPM has given notice of its system of records covering official personnel folders in OPM/GOVT-1.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="recordSourceCategories">
            <xhtmlContent>
                <p>Data in this system is obtained from individuals covered by the system, as well as from IMLS employees involved in the administration of personnel and payroll processes.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="routineUsesOfRecords">
            <xhtmlContent>
                <p>Data in this system may be transmitted to the U.S. Department of Interior, Interior Business Center, U.S. Department of Treasury, and employee-designated financial institutions to affect issuance of paychecks to employees and distributions of pay according to employee directions for authorized purposes. Data in this system also may be used to prepare payroll, meet government recordkeeping and reporting requirements, and retrieve and apply payroll and personnel information as required for agency needs. See also the list of General and Routine Uses contained in the Preliminary Statement.</p>
                </xhtmlContent>
    </subsection>
        <subsection type="policiesAndPractices">
            <xhtmlContent>
                <p>Electronic records in this system are maintained off-site by the Department of Interior, Interior Business Center (IBC). Paper records generated through the NBC are maintained in file cabinets in secured storage areas by the Offices of the Chief Financial Officer and Human Resources after arriving at IMLS. Discipline offices also may use file cabinets in secured storage areas to maintain paper records concerning performance reviews and other personnel actions in their divisions.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="retrievability">
            <xhtmlContent>
                <p>Records in this system are retrieved by name, Social Security number, or date of birth.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="retentionAndDisposal">
            <xhtmlContent>
                <p>The Human Resources Officer maintains paper records in this system in accordance with the General Services Administration’s General Records Schedule 2. Division offices may maintain paper records concerning performance reviews and other personnel actions in their divisions for the duration of an individual’s employment with IMLS.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="safeguards">
            <xhtmlContent>
                <p>Access to the electronic records in this system is controlled by password on the limited number of IMLS computers that can be used to draw information from the IBC. File cabinets containing the paper records in this system either are kept locked during non-business hours or are located in rooms that are kept locked during non-business hours.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="recordAccessProcedures">
            <xhtmlContent>
                <p>See 45 CFR part 1182.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="contestingRecordProcedures">
            <xhtmlContent>
                <p>See 45 CFR part 1182.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="notificationProcedure">
            <xhtmlContent>
                <p>See 45 CFR part 1182.</p>
                </xhtmlContent>
        </subsection>
        <subsection type="exemptionsClaimed">
            <xhtmlContent>
                <p>None.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="history">
            <xhtmlContent>
                <p>84 FR 1796.</p>
            </xhtmlContent>
        </subsection>
    </section>





    <section id="imls-4" toc="yes">
        <systemNumber>/imsl-4</systemNumber>
        <subsection type="systemName"> Financial Management System—Delphi.</subsection>
        <subsection type="securityClassification">
            <xhtmlContent>
                <p>Unclassified.</p></xhtmlContent>
                </subsection>
        <subsection type="systemLocation">
            <xhtmlContent>
                <p>Enterprise Services Center, 6500 MacArthur Boulevard, Oklahoma City, OK 73169.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="systemManager">
            <xhtmlContent>
                <p>Office of the Chief Financial Officer, Institute of Museum and Library Services, 955 L’Enfant Plaza North SW, 4th Floor, Washington, DC 20024.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="authorityForMaintenance">
            <xhtmlContent>
                <p>The Museum and Library Services Act of 2018 (20 U.S.C. 9101 et seq.)</p>
            </xhtmlContent>
        </subsection>
        <subsection type="purpose">
            <xhtmlContent>
                <p>To provide a central repository of all financial transactions to enable IMLS to meet its statutory reporting requirements to the Office of Management and Budget, the U.S. Department of Treasury, and Congress.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="categoriesOfIndividuals">
            <xhtmlContent>
                <p>Employees of IMLS, application reviewers, grantees, vendors and other Federal Government organizations.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="categoriesOfRecords">
            <xhtmlContent>
                <p>Name, address, telephone number, telefax number, e-mail address, payment information, including banking information. This system data is maintained in an Oracle Database.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="recordSourceCategories">
            <xhtmlContent>
                <p>Data in this system is obtained from individuals covered by the system, as well as from IMLS employees involved in the administration of grants, travel, and vendor processes.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="routineUsesOfRecords">
            <xhtmlContent>
                <p>Data in this system may be used for the general administration of the grant management process and the IMLS accounting process. See also the list of General Routine Uses contained in the Preliminary Statement.</p>
                </xhtmlContent>
    </subsection>
        <subsection type="policiesAndPractices">
            <xhtmlContent>
                <p>Electronic records in this system are maintained off-site by the Department of Transportation’s Enterprise Services Center. Associated paper records are also maintained at the Enterprise Services Center. Discipline offices also may use locking file cabinets to maintain paper records concerning financial transactions processed in their divisions.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="retrievability">
            <xhtmlContent>
                <p>Records in this system are retrieved by name and/or purchase order number.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="retentionAndDisposal">
            <xhtmlContent>
                <p>Records in this database are maintained and updated on a daily basis as financial transactions are processed. Discipline offices maintain paper files that grow as financial transactions are submitted to the Enterprise Services Center for processing. Records are disposed of in accordance with the General Services Administration’s General Records Schedule.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="safeguards">
            <xhtmlContent>
                <p>Authorized IMLS staff use passwords via a remote secure VPN to gain access to the database. Rooms containing the records in this system are kept locked during non-working hours.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="recordAccessProcedures">
            <xhtmlContent>
                <p>See 45 CFR part 1182.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="contestingRecordProcedures">
            <xhtmlContent>
                <p>See 45 CFR part 1182.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="notificationProcedure">
            <xhtmlContent>
                <p>See 45 CFR part 1182.</p></xhtmlContent>
        </subsection>
        <subsection type="exemptionsClaimed">
            <xhtmlContent>
                <p>None.</p></xhtmlContent>
        </subsection>
        <subsection type="history">
            <xhtmlContent>
                <p>84 FR 1796.</p>
            </xhtmlContent>
        </subsection>
    </section>




    <section id="neh3" toc="yes">
        <systemNumber>/NEH-3</systemNumber>
        <subsection type="systemName"> Requisition System</subsection>
        <subsection type="securityClassification">
            <xhtmlContent>
                <p> Unclassified.</p> </xhtmlContent>
            </subsection>
   
        <subsection type="systemLocation">
            <xhtmlContent>
                <p> Authorized NEH staff may access NEH’s Requisition System electronically via an online web portal.  NEH stores supporting documents in hard-copy files within its Administrative Services Office.  These supporting documents are also part of NEH’s financial management system.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="categoriesOfIndividuals">
            <xhtmlContent>
                <p> Individuals requiring or requesting payment from NEH for goods and services rendered to the agency, including NEH employees and contractors, application review panelists, individual vendors and sole proprietors.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="categoriesOfRecords">
            <xhtmlContent>
                <p> Names, home and/or work addresses, Social Security numbers, email addresses, home and/or work phone numbers, and information regarding transactions between NEH and the covered individual, including date of the payment request, amount requested, purpose of the transaction, NEH division or office responsible for the request, and description of the request.</p>
                <p> In addition to the above records, NEH’s requisition system may contain payment request forms, invoices, receipts, credit card statements, travel vouchers, expense reimbursement request forms, contracts, email and other communications between or about payments to or from covered individuals, and other documents as needed to substantiate the requisition.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="authorityForMaintenance">
            <xhtmlContent>
                <p> National Foundation on the Arts and the Humanities Act of 1965, as amended (20 U.S.C. 951, et seq.).</p>
            </xhtmlContent>
        </subsection>
        <subsection type="routineUsesOfRecords">
            <xhtmlContent>
                <p>Routine Use(s)</p>
                <p> NEH uses its requisition system to process requests from or on behalf of employees, individual contractors, individual vendors, and application review panelists for payment from the agency, including for travel and training expenses, honoraria, and goods and services provided to NEH, but not including employee payroll.  NEH’s financial management system draws upon contact and other information within the requisition system to process payment to covered individuals.</p>
                <p> In addition to the above uses and disclosures, as well as the disclosures generally permitted under 5 U.S.C. 552a(b) of the Privacy Act, all or a portion of the records or information contained in this system may be disclosed outside NEH as a routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:</p>
                <p>1.   To the Department of Justice (DOJ), including Offices of the U.S. Attorneys, or other federal agencies conducting litigation in 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 the litigation:</p>
                <p>a. NEH;</p>
                <p>b.   Any employee or former employee of NEH in his or her official capacity;</p>
                <p>c.   Any employee or former employee of NEH in his or her individual capacity when DOJ or NEH has agreed to represent the employee;</p>
                <p>d. The U.S. Government or any agency thereof.</p>
                <p>2.   To a Member of Congress or his or her staff, or Committee of Congress, when the Member of Congress or his or her staff, or Committee, requests the information on behalf of and at the request of the individual who is the subject of the record.</p>
                <p>3.   To an appropriate federal, state, tribal, territorial, local, international, or foreign law enforcement agency or other appropriate authority charged with investigating or prosecuting a violation or enforcing or implementing a law, rule, regulation, or order, when a record, either on its face or in conjunction with other information, indicates a violation or potential violation of law, which includes criminal, civil, or regulatory violations and such disclosure is proper and consistent with the official duties of the person making the disclosure.  This referral shall be deemed to authorize:  (1) any and all appropriate and necessary uses of such records in a court of law or before an administrative board or hearing; and (2) such other interagency referrals as may be necessary to carry out the receiving agencies’ assigned law enforcement duties.</p>
                <p>4.   To a court, magistrate, or administrative tribunal of appropriate jurisdiction in the course of presenting evidence, including disclosure to opposing counsel or witnesses in the course of civil discovery, litigation, or settlement negotiations or in connection with criminal law proceedings.</p>
                <p>5.   To federal, state, tribal, territorial, or local agencies for use in locating individuals and verifying their income sources to enforce child support orders, to establish and modify orders of support, and for enforcement of related court orders.</p>
                <p>6.   To contactors and their agents, grantees, experts, consultants, and others performing or working on a contract, service, grant, cooperative agreement, or other assignment for NEH, when necessary to accomplish an agency function related to this system of records.  Individuals provided information under this routine use are subject to the same Privacy Act requirements and limitations on disclosure as are applicable to NEH personnel.</p>
                <p>7.   To any source from which additional information is requested by NEH relevant to an NEH 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>8.   To the Office of Management and Budget at any stage in the legislative coordination and clearance process in connection with private relief legislation as set forth in OMB Circular No. A-19.</p>
                <p>9.   To another federal agency, contractor, expert, or consultant of NEH when for the purpose of performing a survey, audit, or other review of NEH's procedures and operations.</p>
                <p>10.   To a contractor, grantee, or other recipient of Federal funds when the record to be released reflects serious inadequacies with the recipient’s personnel, and disclosure of the record is for the purpose of permitting the recipient to effect corrective action in the government's best interests.</p>
                <p>11.   To a contractor, grantee, or other recipient of Federal funds when the recipient has incurred an indebtedness to the government through its receipt of government funds, and release of the record is for the purpose of allowing the debtor to effect a collection against a third party.</p>
                <p>12.   To the National Archives and Records Administration in records management inspections conducted under authority of 44 U.S.C. Sec. 2904 and 2906.</p>
                <p>13.   To the National Archives and Records Administration, Office of Government Information Services (OGIS), to the extent necessary to fulfill its responsibilities in 5 U.S.C. 552(b) to review administrative agency policies, procedures and compliance with the Freedom of Information Act (FOIA) and to facilitate OGIS’s offering of mediation services to resolve disputes between persons making FOIA requests and administrative agencies.</p>
                <p>14.   To the Treasury, other Federal agencies, "consumer reporting agencies" (as defined in the Fair Credit Reporting Act, 15 U.S.C. 1681a(f)) or the Federal Claims Collection Act of 1966, 31 U.S.C. 3701(a)(3)), or private collection contractors for the purpose of collecting a debt owed to the Federal government as provided in the regulations promulgated by NEH and published at 45 CFR 1150.</p>
                <p>15.   To appropriate agencies, entities, and persons when (1) NEH suspects or has confirmed that the security or confidentiality of information in the system of records has been compromised; (2) NEH has determined that as a result of the suspected or confirmed compromise there is a risk of harm to individuals, NEH, (including its information systems, programs, and operations), the Federal Government, or national security; and (3) the disclosure made to such agencies, entities, and persons is reasonably necessary to assist in connection with NEH’s efforts to respond to the suspected or confirmed compromise and prevent, minimize, or remedy such harm.</p>
                <p>16.   To another Federal agency or Federal entity, when NEH determines that information from such system of records is reasonably necessary to assist the recipient agency or entity in (1) responding to a suspected or confirmed breach or (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>17.   To the news media and the public, with the approval of the Senior Agency Official for Privacy, 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 NEH or is necessary to demonstrate the accountability of NEH’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="purpose">
            <xhtmlContent>
                <p> NEH established its requisition system to process and track requests for payment to personnel and third-parties providing goods and services to the agency.</p>
                <p> Disclosure to Consumer Reporting Agencies</p>
                <p> Pursuant to 5 U.S.C. 552a(b)(12), NEH may disclose information from its requisition system to a consumer reporting agency as defined in the Fair Credit Reporting Act (15 U.S.C. 1681a(f)) or the Federal Claims Collection Act of 1996 (31 U.S.C. 3701(a)(3)).</p>
                  </xhtmlContent>
    </subsection>
        <subsection type="policiesAndPractices">
            <xhtmlContent>
                <p> Storage</p>
                <p> NEH maintains records in this system in an electronic database.  NEH maintains supporting documentation in paper format in file cabinets and stores retired paper records at Washington Federal Records Center.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="retrievability">
            <xhtmlContent>
                <p> NEH staff may retrieve electronic and some supporting hard-copy documents by name.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="safeguards">
            <xhtmlContent>
                <p> NEH limits access to records within its electronic financial management system to authorized personnel whose official duties require such access.  Certain authorized staff members from NEH’s Administrative Services Office and Office of Information Resource Management have access to the entire requisition system, while staff members from other divisions and offices have limited system access for the purpose of submitting requests and viewing and tracking requests submitted by their assigned offices.  NEH protects electronic records through user identification, passwords, database permissions, and software controls.</p>
                <p>
                    NEH maintains paper records in locked file cabinets or locked file rooms accessible to authorized personnel only.

                </p>
            </xhtmlContent>
        </subsection>
        <subsection type="retentionAndDisposal">
            <xhtmlContent>
                <p> NEH maintains records in this system in accordance with General Records Schedule (GRS) 1.1, which covers financial management records.  Among other things, GRS 1.1 authorizes NEH to destroy requisitions immediately once they no longer serve a business purpose.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="systemManager">
            <xhtmlContent>
                <p> Director, Office of Administrative Services, National Endowment for the Humanities, 400 Seventh Street, SW., Washington, D.C. 20506.</p>
                <p> Director of the Office of Information Resource Management, National Endowment for the Humanities, 400 Seventh Street, SW., Washington, D.C. 20506</p>
            </xhtmlContent>
        </subsection>
        <subsection type="notificationProcedure">
            <xhtmlContent>
                <p> See 45 CFR 1115.3.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="recordAccessProcedures">
            <xhtmlContent>
                <p> See 45 CFR 1115.4.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="contestingRecordProcedures">
            <xhtmlContent>
                <p> See 45 CFR 1115.5.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="recordSourceCategories">
            <xhtmlContent>
                <p> NEH obtains records in this system from individuals covered by the system, as well as from NEH employees involved in agency operations related to the requisition.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="exemptionsClaimed">
            <xhtmlContent>
                <p>None.</p>
           </xhtmlContent></subsection></section>


    <section id="neh4" toc="yes">
        <systemNumber>/NEH-4</systemNumber>
        <subsection type="systemName">
            Employee Payroll and Leave and Attendance Records.
        </subsection>
        <subsection type="systemLocation">
            <xhtmlContent>
                <p> National Endowment for the Humanities, Department of Human Resources, 400 Seventh Street, SW., Washington, D.C. 20506.</p>
                <p> Pursuant to an Interagency Agreement between NEH and the National Finance Center ("NFC"), a component organization of the United States Department of Agriculture’s Office of the Chief Financial Officer, NFC provides NEH with the following services:  payroll processing, payroll account processing, salary payment processing, receipt and processing of time and attendance data, and other functions necessary to perform these services.  NFC provides these services using the Department of Agriculture’s payroll systems, which are covered under Department of Agriculture System of Record Notice OP-1.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="categoriesOfIndividuals">
            <xhtmlContent>
                <p> Current and former NEH employees.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="categoriesOfRecords">
            <xhtmlContent>
                <p> Employee name, address, phone number, Social Security number, and organizational code, pay rate and grade, salary, retirement, and location data, length of service, pay, leave, time and attendance, allowances, and cost distribution records, deductions for Medicare/FICA, savings bonds, Federal Employee Group Life Insurance (FEGLI), Long Term Care Insurance, union dues, Federal, State, and city tax withholdings, allotments, designated charities, health benefits, Thrift Savings Plan contributions, Flexible Spending Account, awards, shift schedules, pay differentials, IRS tax lien data, commercial garnishments, child support and/or alimony wage assignments; information on debts owed to the government as a result of overpayment, refunds owed, or a debt referred for collection on a transferred employee.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="categoriesOfIndividuals">
            <xhtmlContent>
                <p> National Foundation on the Arts and the Humanities Act of 1965, as amended (20 U.S.C. 951, et seq.).</p>
            </xhtmlContent>
        </subsection>
        <subsection type="routineUsesOfRecords">
            <xhtmlContent>
                <p> Routine Use(s)</p>
                <p>   NEH may disclose all or a portion of the records contained within this system as follows:</p>
                <p>1. To provide information to unions recognized as exclusive bargaining representatives under the Civil Service Reform Act of 1978, 5 U.S.C. Sec. 7111 and 7114, including for the purpose of providing information as to the identity of NEH employees contributing union dues each pay period and the amount of dues withheld from each contributor.</p>
                <p>2. To the other federal agencies who provide payroll personnel processing services under a cross-servicing agreement for purposes relating to the conversion of NEH employee payroll and personnel processing services, the issuance of paychecks to employees and distribution of wages, and the distribution of allotments and deductions to financial and other institutions, including through electronic funds transfer.</p>
                <p>3. To provide wage and separation information to another federal agency as required by law for payroll purposes.</p>
                <p>4. To the Office of Personnel Management, the Merit System Protection Board, Federal Labor Relations Authority, Federal Thrift Retirement Investment Board or the Equal Employment Opportunity Commission when requested in the performance of their authorized duties.</p>
                <p>5. To the Department of Labor in connection with a claim filed by an employee for compensation due to a job-connected injury or illness.</p>
                <p>6. To the Department of Treasury to issue checks.</p>
                <p>7. To appropriate Federal and State agencies to provide required reports including data on unemployment insurance.</p>
                <p>8. 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>9. 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>10. To any source from which additional information is requested by NEH relevant to an NEH 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>11. To the Social Security Administration and the Department of the Treasury to disclose pay data on an annual basis.</p>
                <p>12. To a federal agency or in response to a congressional inquiry when additional or statistical information is requested relevant to the NEH Transportation Fringe Benefit Program.</p>
                <p>13. 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>14. To the Department of Justice (DOJ), including Offices of the U.S. Attorneys, or other federal agencies conducting litigation in 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 the litigation:</p>
                <p>a) NEH;</p>
                <p>b) Any employee or former employee of NEH in his or her official capacity;</p>
                <p>c) Any employee or former employee of NEH in his or her individual capacity when DOJ or NEH has agreed to represent the employee;</p>
                <p>d) The U.S. Government or any agency thereof.</p>
                <p>15. To a Member of Congress or his or her staff, or Committee of Congress, when the Member of Congress or his or her staff, or Committee, requests the information on behalf of and at the request of the individual who is the subject of the record.</p>
                <p>16. To an appropriate federal, state, tribal, territorial, local, international, or foreign law enforcement agency or other appropriate authority charged with investigating or prosecuting a violation or enforcing or implementing a law, rule, regulation, or order, when a record, either on its face or in conjunction with other information, indicates a violation or potential violation of law, which includes criminal, civil, or regulatory violations and such disclosure is proper and consistent with the official duties of the person making the disclosure.  This referral shall be deemed to authorize:  (1) any and all appropriate and necessary uses of such records in a court of law or before an administrative board or hearing; and (2) such other interagency referrals as may be necessary to carry out the receiving agencies’ assigned law enforcement duties.</p>
                <p>17. To a court, magistrate, or administrative tribunal of appropriate jurisdiction in the course of presenting evidence, including disclosure to opposing counsel or witnesses in the course of civil discovery, litigation, or settlement negotiations or in connection with criminal law proceedings.</p>
                <p>18. To federal, state, tribal, territorial, or local agencies for use in locating individuals and verifying their income sources to enforce child support orders, to establish and modify orders of support, and for enforcement of related court orders.</p>
                <p>19. To contactors and their agents, grantees, experts, consultants, and others performing or working on a contract, service, grant, cooperative agreement, or other assignment for NEH, when necessary to accomplish an agency function related to this system of records.  Individuals provided information under this routine use are subject to the same Privacy Act requirements and limitations on disclosure as are applicable to NEH personnel.</p>
                <p>20. To any source from which additional information is requested by NEH relevant to an NEH 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>21. To the Office of Management and Budget at any stage in the legislative coordination and clearance process in connection with private relief legislation as set forth in OMB Circular No. A-19.</p>
                <p>22. To another federal agency, contractor, expert, or consultant of NEH when for the purpose of performing a survey, audit, or other review of NEH's procedures and operations.</p>
                <p>23. To a contractor, grantee, or other recipient of Federal funds when the record to be released reflects serious inadequacies with the recipient’s personnel, and disclosure of the record is for the purpose of permitting the recipient to effect corrective action in the government's best interests.</p>
                <p>24. To a contractor, grantee, or other recipient of Federal funds when the recipient has incurred an indebtedness to the government through its receipt of government funds, and release of the record is for the purpose of allowing the debtor to effect a collection against a third party.</p>
                <p>25. To the National Archives and Records Administration in records management inspections conducted under authority of 44 U.S.C. Sec. 2904 and 2906.</p>
                <p>26. To the National Archives and Records Administration, Office of Government Information Services (OGIS), to the extent necessary to fulfill its responsibilities in 5 U.S.C. 552(b) to review administrative agency policies, procedures and compliance with the Freedom of Information Act (FOIA) and to facilitate OGIS’s offering of mediation services to resolve disputes between persons making FOIA requests and administrative agencies.</p>
                <p>27. To the Department of the Treasury, other Federal agencies, "consumer reporting agencies" (as defined in the Fair Credit Reporting Act, 15 U.S.C. 1681a(f)) or the Federal Claims Collection Act of 1966, 31 U.S.C. 3701(a)(3)), or private collection contractors for the purpose of collecting a debt owed to the Federal government as provided in the regulations promulgated by NEH and published at 45 CFR 1150.</p>
                <p>28. To appropriate agencies, entities, and persons when (1) NEH suspects or has confirmed that the security or confidentiality of information in the system of records has been compromised; (2) NEH has determined that as a result of the suspected or confirmed compromise there is a risk of harm to individuals, NEH, (including its information systems, programs, and operations), the Federal Government, or national security; and (3) the disclosure made to such agencies, entities, and persons is reasonably necessary to assist in connection with NEH’s efforts to respond to the suspected or confirmed compromise and prevent, minimize, or remedy such harm.</p>
                <p>29. To another Federal agency or Federal entity, when NEH determines that information from such system of records is reasonably necessary to assist the recipient agency or entity in (1) responding to a suspected or confirmed breach or (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>30. To the news media and the public, with the approval of the Senior Agency Official for Privacy, 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 NEH or is necessary to demonstrate the accountability of NEH’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="purpose">
            <xhtmlContent>
                <p> NEH established this system of records to ensure proper payment of salary and benefits to NEH personnel, and to track time worked, leave, or other absences for reporting and compliance purposes.</p>
                <p> Disclosure to Consumer Reporting Agencies</p>
                <p> Pursuant to 5 U.S.C. 552a(b)(12), NEH may disclose information from this system to a consumer reporting agency as defined in the Fair Credit Reporting Act (15 U.S.C. 1681a(f)) or the Federal Claims Collection Act of 1996 (31 U.S.C. 3701(a)(3)).</p>
                </xhtmlContent>
    </subsection>
        <subsection type="policiesAndPractices">
            <xhtmlContent>
                <p> Storage</p>
                <p> NEH maintains paper records in filing cabinets.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="retrievability">
            <xhtmlContent>
                <p> NEH may retrieve records in this system by an individual’s name.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="safeguards">
            <xhtmlContent>
                <p> NEH limits access to records within this system to authorized personnel whose official duties require such access:  namely, Office of Human Resources personnel and senior staff.  NEH keeps paper records in this system in locked file cabinets.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="retentionAndDisposal">
            <xhtmlContent>
                <p> NEH maintains records in this system in accordance with General Records Schedule (GRS) 2, which covers Payrolling and Pay Administration Records.  For example, GRS 2, Item 1(b) requires that NEH transfer an employee’s payroll records to the National Personnel Records Center, which NEH does 90 days after the employee separates from NEH, and requires that the National Personnel Records Center destroy these records when 56 years old.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="systemManager">
            <xhtmlContent>
                <p> Director of the Office of Human Resources, National Endowment for the Humanities, 400 Seventh Street, SW., Washington, D.C. 20506.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="notificationProcedure">
            <xhtmlContent>
                <p> See 45 CFR 1115.3.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="recordAccessProcedures">
            <xhtmlContent>
                <p> See 45 CFR 1115.4.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="contestingRecordProcedures">
            <xhtmlContent>
                <p> See 45 CFR 1115.5.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="recordSourceCategories">
            <xhtmlContent>
                <p> NEH obtains records in this system from individuals covered by the system, as well as from NEH employees involved in the administration of personnel and payroll processes.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="exemptionsClaimed">
            <xhtmlContent>
                <p>None.</p>
           </xhtmlContent></subsection></section>


    <section id="neh5" toc="yes">
        <systemNumber>/NEH-5</systemNumber>
        <subsection type="systemName"> Office of the Inspector General Investigative Files</subsection>
        <subsection type="securityClassification">
            <xhtmlContent>
                <p> Unclassified.</p> </xhtmlContent>
            </subsection>
           <subsection type="systemLocation">
            <xhtmlContent>
                <p> Office of the Inspector General (OIG), 400 Seventh Street, SW., Washington, D.C. 20506.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="categoriesOfIndividuals">
            <xhtmlContent>
                <p> Individuals who are or have been the subject of investigations by the OIG.  These individuals include (1) former and present NEH employees, (2) former and present individual grant recipients (e.g., fellows and public scholars), (3) grant administrators, project directors and employees of organizational grant recipients; (4) former and present contractors and vendors, and their employees, (5) former and present application review panelists; and (6) other individuals that had, have, or are seeking to obtain business or other relationships with NEH.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="categoriesOfRecords">
            <xhtmlContent>
                <p> Investigative reports and related materials pertaining to allegations of fraud, waste, abuse, mismanagement, danger to public health or safety, violations of law, misconduct and irregularities by individuals covered by the system.  These records include:  (1) correspondence relevant to the investigation; (2) working papers of OIG staff; (3) OIG investigative notes, internal memoranda, and other documents and records relating to the investigation; (4) subpoenas issued by the Inspector General and documents submitted to OIG in response to subpoenas; (5) criminal, civil, or administrative referrals; (6) affidavits, statements, documentation and other information provided by subjects of the investigation, individuals with whom the subjects are associated, complainants, or witnesses; (7) information provided by Federal, State, or local governmental investigative or law enforcement agencies, or other organizations; and (8) opening reports, progress reports, and closing reports from OIG, with recommendations for corrective action.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="authorityForMaintenance">
            <xhtmlContent>
                <p> Inspector General Act of 1978, 5 U.S.C. app. 1, sections 1-13; National Foundation on the Arts and the Humanities Act of 1965, as amended (20 U.S.C. 951, et seq.).</p>
            </xhtmlContent>
        </subsection>
        <subsection type="routineUsesOfRecords">
            <xhtmlContent>
                <p> Routine Use(s)</p>
                <p> OIG staff uses records in this system to conduct and report investigations of fraud, waste, abuse of authority, research misconduct (fabrication, falsification, plagiarism), mismanagement and misconduct in or pertaining to NEH programs and activities, as well as the programs and activities of those receiving financial assistance from NEH, and by those who do business with NEH.</p>
                <p> OIG may disclose data in this system to any source, either private or governmental, to the extent necessary to secure from such source information relevant to, and sought in furtherance of, a legitimate OIG investigation.  OIG may also disclose data in this system to NEH’s legal representatives, including the United States Department of Justice and other outside legal counsel, when OIG or NEH is a party in actual or anticipated litigation or has an interest in such litigation.</p>
                <p> In addition to the above uses and disclosures, as well as the disclosures generally permitted under 5 U.S.C. 552a(b) of the Privacy Act, all or a portion of the records or information contained in this system may be disclosed outside NEH as a routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:</p>
                <p>1.   To the Department of Justice (DOJ), including Offices of the U.S. Attorneys, other federal agencies or outside legal counsel conducting litigation in 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 the litigation:</p>
                <p>a. NEH;</p>
                <p>b.   Any employee or former employee of NEH in his or her official capacity;</p>
                <p>c.   Any employee or former employee of NEH in his or her individual capacity when DOJ or NEH has agreed to represent the employee;</p>
                <p>d. The U.S. Government or any agency thereof.</p>
                <p>2.   To a Member of Congress or his or her staff, or Committee of Congress, when the Member of Congress or his or her staff, or Committee, requests the information on behalf of and at the request of the individual who is the subject of the record.</p>
                <p>3.   To an appropriate federal, state, tribal, territorial, local, international, or foreign law enforcement agency or other appropriate authority charged with investigating or prosecuting a violation or enforcing or implementing a law, rule, regulation, or order, when a record, either on its face or in conjunction with other information, indicates a violation or potential violation of law, which includes criminal, civil, or regulatory violations and such disclosure is proper and consistent with the official duties of the person making the disclosure.  This referral shall be deemed to authorize:  (1) any and all appropriate and necessary uses of such records in a court of law or before an administrative board or hearing; and (2) such other interagency referrals as may be necessary to carry out the receiving agencies’ assigned law enforcement duties.</p>
                <p>4.   To a court, magistrate, or administrative tribunal of appropriate jurisdiction in the course of presenting evidence, including disclosure to opposing counsel or witnesses in the course of civil discovery, litigation, or settlement negotiations or in connection with criminal law proceedings.</p>
                <p>5.   To federal, state, tribal, territorial, or local agencies for use in locating individuals and verifying their income sources to enforce child support orders, to establish and modify orders of support, and for enforcement of related court orders.</p>
                <p>6.   To contactors and their agents, grantees, experts, consultants, and others performing or working on a contract, service, grant, cooperative agreement, or other assignment for NEH, when necessary to accomplish an agency function related to this system of records.  Individuals provided information under this routine use are subject to the same Privacy Act requirements and limitations on disclosure as are applicable to NEH personnel.</p>
                <p>7.     To another federal agency, contractor, expert, or consultant of NEH when for the purpose of performing a survey, audit, or other review of NEH's procedures and operations.</p>
                <p>8.   To a contractor, grantee, or other recipient of Federal funds when the record to be released reflects serious inadequacies with the recipient’s personnel, and disclosure of the record is for the purpose of permitting the recipient to effect corrective action in the government's best interests.</p>
                <p>9.   To a contractor, grantee, or other recipient of Federal funds when the recipient has incurred an indebtedness to the government through its receipt of government funds, and release of the record is for the purpose of allowing the debtor to effect a collection against a third party.</p>
                <p>10.   To the National Archives and Records Administration in records management inspections conducted under authority of 44 U.S.C. Sec. 2904 and 2906.</p>
                <p>11.   To the National Archives and Records Administration, Office of Government Information Services (OGIS), to the extent necessary to fulfill its responsibilities in 5 U.S.C. 552(b) to review administrative agency policies, procedures and compliance with the Freedom of Information Act (FOIA) and to facilitate OGIS’s offering of mediation services to resolve disputes between persons making FOIA requests and administrative agencies.</p>
                <p>12.   To the Treasury, other Federal agencies, "consumer reporting agencies" (as defined in the Fair Credit Reporting Act, 15 U.S.C. 1681a(f)), or the Federal Claims Collection Act of 1966, 31 U.S.C. 3701(a)(3)), or private collection contractors for the purpose of collecting a debt owed to the Federal government as provided in the regulations promulgated by NEH and published at 45 CFR 1150.</p>
                <p>13.   To appropriate agencies, entities, and persons when (1) NEH suspects or has confirmed that the security or confidentiality of information in the system of records has been compromised; (2) NEH has determined that as a result of the suspected or confirmed compromise there is a risk of harm to individuals, NEH, (including its information systems, programs, and operations), the Federal Government, or national security; and (3) the disclosure made to such agencies, entities, and persons is reasonably necessary to assist in connection with NEH’s efforts to respond to the suspected or confirmed compromise and prevent, minimize, or remedy such harm.</p>
                <p>14.   To another Federal agency or Federal entity, when NEH determines that information from such system of records is reasonably necessary to assist the recipient agency or entity in (1) responding to a suspected or confirmed breach or (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>15.   To third parties during the course of a law enforcement investigation to the extent necessary to obtain information pertinent to the investigation, provided disclosure is appropriate to the proper performance of the official duties of the officer making the disclosure.</p>
                <p>16.   To complainants and victims to the extent necessary to provide such persons with information and explanations concerning the progress or results of the investigation arising from the matters of which they complained or of which they were a victim.</p>
                <p>17.   To the news media and the public, with the approval of the Senior Agency Official for Privacy, 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 NEH or is necessary to demonstrate the accountability of NEH’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="purpose">
            <xhtmlContent>
                <p> NEH created this system to maintain files of investigative activities carried out by OIG.</p>
                <p> Disclosure to Consumer Reporting Agencies</p>
                <p> Pursuant to 5 U.S.C. 552a(b)(12), NEH may disclose information from its financial management system to a consumer reporting agency as defined in the Fair Credit Reporting Act (15 U.S.C. 1681a(f)) or the Federal Claims Collection Act of 1996 (31 U.S.C. 3701(a)(3))</p>
                   </xhtmlContent>
    </subsection>
        <subsection type="policiesAndPractices">
            <xhtmlContent>
                <p> Storage</p>
                <p> NEH maintains paper records in filing cabinets and retired records at the Washington Federal Records Center.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="retrievability">
            <xhtmlContent>
                <p> OIG retrieves records within this system by the name of the individual formerly or currently under investigation.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="safeguards">
            <xhtmlContent>
                <p> NEH limits access to records within this system to authorized personnel whose official duties require such access:  namely, OIG staff.  NEH maintains records in locked file cabinets or locked file rooms accessible to authorized personnel only.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="retentionAndDisposal">
            <xhtmlContent>
                <p> NEH maintains records in this system according to records disposition schedules and requirements of the National Archives and Records Administration (NARA).</p>
            </xhtmlContent>
        </subsection>
        <subsection type="systemManager">
            <xhtmlContent>
                <p> Inspector General, National Endowment for the Humanities, 400 Seventh Street, SW., Washington, D.C. 20506.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="notificationProcedure">
            <xhtmlContent>
                <p> See 45 CFR 1115.3.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="recordAccessProcedures">
            <xhtmlContent>
                <p> Many of the records contained within this system are exempt from this requirement pursuant to 5 U.S.C. 552a(j)(2) or (k)(2).  NEH shall make a determination as to an exemption at the time it receives a request.  Requests for access must be sent to the Office of the General Counsel in accordance with the procedures set forth in 45 CFR 1115.4.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="contestingRecordProcedures">
            <xhtmlContent>
                <p> Many of the records contained within this system are exempt from this requirement pursuant to 5 U.S.C. 552a(j)(2) or (k)(2).  NEH shall make a determination as to an exemption at the time it receives a request.  Requests for correction must be sent to the Office of the General Counsel in accordance with the procedures set forth in 45 CFR 1115.5.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="recordSourceCategories">
            <xhtmlContent>
                <p> NEH obtains records in this system from individuals covered by the system, individuals or entities with whom such individuals are associated, complainants, witnesses, Federal, State, or local governmental investigative or law enforcement agencies, NEH staff, and from OIG employees authorized to conduct internal investigations.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="exemptionsClaimed">
            <xhtmlContent>
                <p>          This system of records, to the extent that it consists of information compiled for law enforcement purposes, may be exempt from the Privacy Act’s access and correction provisions pursuant to 5 U.S.C. 552a(j)(2) and/or (k)(2).  In addition, this system of records, to the extent that it consists of investigatory material compiled for purposes of determining suitability, eligibility, or qualifications for federal financial assistance from NEH, or employment with NEH, the release of which would reveal the identity of references for such assistance or employment, is exempt from the Privacy Act’s access and correction provisions pursuant to 5 U.S.C. 552a(k)(5) and 45 CFR 1115.7.  Records in this system that originated in another system of records shall be governed by the exemptions claimed for this system as well as any additional exemptions claimed for the other system.</p>
           </xhtmlContent></subsection></section>


    <section id="neh6" toc="yes">
        <systemNumber>/NEH-6</systemNumber>
        <subsection type="systemName"> Humanities Magazine Contact Database</subsection>
        <subsection type="securityClassification">
            <xhtmlContent>
                <p> Unclassified.</p></xhtmlContent>
            </subsection>
            <subsection type="systemLocation">
            <xhtmlContent>
                <p> Authorized NEH staff may access NEH’s Humanities Magazine Contact Database via Microsoft Access.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="categoriesOfIndividuals">
            <xhtmlContent>
                <p> Individuals who receive complimentary copies of Humanities Magazine, the Magazine of the National Endowment for the Humanities, including members of the National Council on the Humanities, application review panelists, donors, staff of state humanities councils, museum directors and college administrators, members of Congress and Congressional staff, members of the media, and officers and employees of other federal agencies.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="categoriesOfRecords">
            <xhtmlContent>
                <p> Names, home and/or work addresses, email addresses, home and/or work phone numbers and fax numbers, a database identification number unique to the individual, institutional affiliation, and category of subscriber (e.g., National Council member, member of Congress, etc.).</p>
            </xhtmlContent>
        </subsection>
        <subsection type="authorityForMaintenance">
            <xhtmlContent>
                <p> National Foundation on the Arts and the Humanities Act of 1965, as amended (20 U.S.C. 951, et seq.).</p>
            </xhtmlContent>
        </subsection>
        <subsection type="routineUsesOfRecords">
            <xhtmlContent>
                <p> Routine Use(s)</p>
                <p> NEH uses this system to store address and other contact information of those who receive complimentary copies of Humanities Magazine so it may periodically mail copies of Humanities Magazine to those individuals.</p>
                <p> In addition to the above uses and disclosures, as well as the disclosures generally permitted under 5 U.S.C. 552a(b) of the Privacy Act, all or a portion of the records or information contained in this system may be disclosed outside NEH as a routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:</p>
                <p>1.   To the Department of Justice (DOJ), including Offices of the U.S. Attorneys, or other federal agencies conducting litigation in 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 the litigation:</p>
                <p>a. NEH;</p>
                <p>b.   Any employee or former employee of NEH in his or her official capacity;</p>
                <p>c.   Any employee or former employee of NEH in his or her individual capacity when DOJ or NEH has agreed to represent the employee;</p>
                <p>d. The U.S. Government or any agency thereof.</p>
                <p>2.   To a Member of Congress or his or her staff, or Committee of Congress, when the Member of Congress or his or her staff, or Committee, requests the information on behalf of and at the request of the individual who is the subject of the record.</p>
                <p>3.   To an appropriate federal, state, tribal, territorial, local, international, or foreign law enforcement agency or other appropriate authority charged with investigating or prosecuting a violation or enforcing or implementing a law, rule, regulation, or order, when a record, either on its face or in conjunction with other information, indicates a violation or potential violation of law, which includes criminal, civil, or regulatory violations and such disclosure is proper and consistent with the official duties of the person making the disclosure.  This referral shall be deemed to authorize:  (1) any and all appropriate and necessary uses of such records in a court of law or before an administrative board or hearing; and (2) such other interagency referrals as may be necessary to carry out the receiving agencies’ assigned law enforcement duties.</p>
                <p>4.   To a court, magistrate, or administrative tribunal of appropriate jurisdiction in the course of presenting evidence, including disclosure to opposing counsel or witnesses in the course of civil discovery, litigation, or settlement negotiations or in connection with criminal law proceedings.</p>
                <p>5.   To federal, state, tribal, territorial, or local agencies for use in locating individuals and verifying their income sources to enforce child support orders, to establish and modify orders of support, and for enforcement of related court orders</p>
                <p>6.   To contactors and their agents, grantees, experts, consultants, and others performing or working on a contract, service, grant, cooperative agreement, or other assignment for NEH, when necessary to accomplish an agency function related to this system of records.  Individuals provided information under this routine use are subject to the same Privacy Act requirements and limitations on disclosure as are applicable to NEH personnel.</p>
                <p>7.   To another federal agency, contractor, expert, or consultant of NEH when for the purpose of performing a survey, audit, or other review of NEH's procedures and operations.</p>
                <p>8.   To the National Archives and Records Administration in records management inspections conducted under authority of 44 U.S.C. Sec. 2904 and 2906.</p>
                <p>9.   To the National Archives and Records Administration, Office of Government Information Services (OGIS), to the extent necessary to fulfill its responsibilities in 5 U.S.C. 552(b) to review administrative agency policies, procedures and compliance with the Freedom of Information Act (FOIA) and to facilitate OGIS’s offering of mediation services to resolve disputes between persons making FOIA requests and administrative agencies.</p>
                <p>10.   To appropriate agencies, entities, and persons when (1) NEH suspects or has confirmed that the security or confidentiality of information in the system of records has been compromised; (2) NEH has determined that as a result of the suspected or confirmed compromise there is a risk of harm to individuals, NEH, (including its information systems, programs, and operations), the Federal Government, or national security; and (3) the disclosure made to such agencies, entities, and persons is reasonably necessary to assist in connection with NEH’s efforts to respond to the suspected or confirmed compromise and prevent, minimize, or remedy such harm.</p>
                <p>11.   To another Federal agency or Federal entity, when NEH determines that information from such system of records is reasonably necessary to assist the recipient agency or entity in (1) responding to a suspected or confirmed breach or (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>12.   To the news media and the public, with the approval of the Senior Agency Official for Privacy, 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 NEH or is necessary to demonstrate the accountability of NEH’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="purpose">
            <xhtmlContent>
                <p> NEH established its Humanities Magazine Contact Database to create a central database of contact information for those who receive complimentary copies of Humanities Magazine.</p>
                <p>Disclosure to Consumer Reporting Agencies</p>
                <p> None.</p>
                </xhtmlContent>
    </subsection>
        <subsection type="policiesAndPractices">
            <xhtmlContent>
                <p> Storage:</p>
                <p> NEH maintains records in this system in an electronic database accessible via Microsoft Access.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="retrievability">
            <xhtmlContent>
                <p> NEH staff may retrieve electronic records by name or database identification number.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="safeguards">
            <xhtmlContent>
                <p> NEH limits access to records within this system of records to personnel whose official duties require such access.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="retentionAndDisposal">
            <xhtmlContent>
                <p> NEH maintains records in this system indefinitely, but may remove records when NEH determines to stop providing a particular individual with a complimentary copy of Humanities Magazine or a particular individual asks to no longer receive a copy of Humanities Magazine.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="systemManager">
            <xhtmlContent>
                <p> Director, Office of Administrative Services, National Endowment for the Humanities, 400 Seventh Street, SW., Washington, D.C. 20506.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="notificationProcedure">
            <xhtmlContent>
                <p> See 45 CFR 1115.3.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="recordAccessProcedures">
            <xhtmlContent>
                <p> See 45 CFR 1115.4.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="contestingRecordProcedures">
            <xhtmlContent>
                <p> See 45 CFR 1115.5.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="recordSourceCategories">
            <xhtmlContent>
                <p> NEH obtains records in this system from individuals covered by the system.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="exemptionsClaimed">
            <xhtmlContent>
                <p> None.</p>
            </xhtmlContent></subsection></section>


 

<regulations id="reg2" toc="yes">
<regulationsTitle number="45">
<heading>Public Welfare
</heading>
<regulationsChapter number="XI">
<heading> Institute of Museum and Library Services </heading>
<regulationsPart number="1182">
<heading> IMPLEMENTATION OF THE PRIVACY ACT OF 1974</heading>
<xhtmlContent>
<p>Sec.
</p>
<p>1182.1 Purpose and scope of these regulations.
</p>
<p>1182.2 Definitions.
</p>
<p>1182.3 Inquiries about the Institute's systems of records or implementation of the Privacy Act.
</p>
<p>1182.4 Procedures for notifying the public of the Institute's systems of records.
</p>
<p>1182.5 Procedures for notifying government entities of the Institute's proposed changes to its systems of records.
</p>
<p>1182.6 Limits that exist as to the contents of the Institute's systems of records.
</p>
<p>1182.7 Institute procedures for collecting information from individuals for its records.
</p>
<p>1182.8 Procedures for acquiring access to Institute records pertaining to an individual.
</p>
<p>1182.9 Identification required when requesting access to Institute records pertaining to an individual.
</p>
<p>1182.10 Procedures for amending or correcting an individual's Institute record.
</p>
<p>1182.11 Procedures for appealing a refusal to amend or correct an Institute record.
</p>
<p>1182.12 Fees charged to locate, review, or copy records.
</p>
<p>1182.13 Policies and procedures for Institute disclosure of its records.
</p>
<p>1182.14 Procedures for maintaining accounts of disclosures made by the Institute from its systems of records.
</p>
<p>1182.15 Institute responsibility for maintaining adequate technical, physical, and security safeguards to prevent unauthorized disclosure or destruction of manual and automatic record systems.
</p>
<p>1182.16 Procedures to ensure that Institute employees involved with its systems of records are familiar with the requirements and of the Privacy Act.
</p>
<p>1182.17 Institute systems of records that are covered by exemptions in the Privacy Act.
</p>
<p>1182.18 Penalties for obtaining an Institute record under false pretenses.
</p>
<p>1182.19 Restrictions that exist regarding the release of mailing lists.
</p>
<p><b>Authority:</b> 5 U.S.C. 552a(f).
</p>
<p><b>Source:</b> 71 FR 6375, Feb. 8, 2006, unless otherwise noted.
</p>
<p><b>&#167; 1182.1
 Purpose and scope of these regulations.
</b></p>
<p>The regulations in this part set forth the Institute's procedures under the Privacy Act, as required by 5 U.S.C. 552a(f), with respect to systems of records maintained by the Institute. These regulations establish procedures by which an individual may exercise the rights granted by the Privacy Act to determine whether an Institute system contains a record pertaining to him or her; to gain access to such records; and to request correction or amendment of such records. These regulations also set identification requirements, prescribe fees to be charged for copying records, and establish exemptions from certain requirements of the Act for certain Institute systems or components thereof:
</p>
<p><b>&#167; 1182.2
 Definitions.
</b></p>
<p>The definitions of the Privacy Act apply to this part. In addition, as used in this part:
</p>
<p>(a) <i>Agency</i> means any executive department, military department, government corporation, or other establishment in the executive branch of the Federal government, including the Executive Office of the President or any independent regulatory agency.
</p>
<p>(b) <i>Business day</i> means a calendar day, excluding Saturdays, Sundays, and legal public holidays.
</p>
<p>(c) <i>Director</i> means the Director of the Institute, or his or her designee;
</p>
<p>(d) <i>General Counsel</i> means the General Counsel of the Institute, or his or her designee.
</p>
<p>(e) <i>Individual</i> means any citizen of the United States or an alien lawfully admitted for permanent residence;
</p>
<p>(f) <i>Institute</i> means the Institute of Museum and Library Services;
</p>
<p>(g) <i>Institute system</i> means a system of records maintained by the Institute;
</p>
<p>(h) <i>Maintain</i> means to collect, use, store, or disseminate records, as well as any combination of these recordkeeping functions. The term also includes exercise of control over and, therefore, responsibility and accountability for, systems of records;
</p>
<p>(i) <i>Privacy Act</i> or <i>Act</i> means the Privacy Act of 1974, as amended (5 U.S.C. 552a);
</p>
<p>(j) <i>Record</i> means any item, collection, or grouping of information about an individual that is maintained by an agency and contains the individual's name or another identifying particular, such as a number or symbol assigned to the individual, or his or her fingerprint, voice print, or photograph. The term includes, but is not limited to, information regarding an individual's education, financial transactions, medical history, and criminal or employment history;
</p>
<p>(k) <i>Routine use</i> means, with respect to the disclosure of a record, the use of a record for a purpose that is compatible with the purpose for which it was collected;
</p>
<p>(l) <i>Subject individual</i> means the individual to whom a record pertains. Uses of the terms "I", "you", "me", and other references to the reader of the regulations in this part are meant to apply to subject individuals as defined in this paragraph (l); and
</p>
<p>(m) <i>System of records</i> means a group of records under the control of any agency from which information is retrieved by use of the name of the individual or by some number, symbol, or other identifying particular assigned to the individual.
</p>
<p><b>&#167; 1182.3
 Inquiries about the Institute's systems of records or implementation of the Privacy Act.
</b></p>
<p>Inquiries about the Institute's systems of records or implementation of the Privacy Act should be sent to the following address: Institute of Museum and Library Services; Office of the General Counsel; 1800 M Street, NW., 9th Floor, Washington, DC 20036.
</p>
<p><b>&#167; 1182.4
 Procedures for notifying the public of the Institute's systems of records.
</b></p>
<p>(a) From time to time, the Institute shall review its systems of records in the <i>Federal Register,</i> and publish, if necessary, any amendments to those systems of records. Such publication shall not be made for those systems of records maintained by other agencies while in the temporary custody of the Institute.
</p>
<p>(b) At least 30 days prior to publication of information under paragraph (a) of this section, the Institute shall publish in the <i>Federal Register</i> a notice of its intention to establish any new routine uses of any of its systems of records, thereby providing the public an opportunity to comment on such uses. This notice published by the Institute shall contain the following:
</p>
<p>(1) The name of the system of records for which the routine use is to be established;
</p>
<p>(2) The authority for the system;
</p>
<p>(3) The purpose for which the record is to be maintained;
</p>
<p>(4) The proposed routine use(s);
</p>
<p>(5) The purpose of the routine use(s); and
</p>
<p>(6) The categories of recipients of such use.
</p>
<p>(c) Any request for additions to the routine uses of Institute systems should be sent to the Office of the General Counsel (see &#167; 1182.3).
</p>
<p>(d) Any individual who wishes to know whether an Institute system contains a record pertaining to him or her should write to the Office of the General Counsel (see &#167; 1182.3). Such individuals may also call the Office of the General Counsel at (202) 653-4787 on business days, between the hours of 9 a.m. and 5 p.m., to schedule an appointment to make an inquiry in person. Inquiries should be presented in writing and should specifically identify the Institute systems involved. The Institute will attempt to respond to an inquiry regarding whether a record exists within 10 business days of receiving the inquiry.
</p>
<p><b>&#167; 1182.5
 Procedures for notifying government entities of the Institute's proposed changes to its systems of records.
</b></p>
<p>When the Institute proposes to establish or significantly change any of its systems of records, it shall provide adequate advance notice of such proposal to the Committee on Government Reform of the House of Representatives, the Committee on Governmental Affairs of the Senate, and the Office of Management and Budget (OMB), in order to permit an evaluation of the probable or potential effect of such proposal on the privacy or other rights of individuals. This report will be submitted in accordance with guidelines provided by the OMB.
</p>
<p><b>&#167; 1182.6
 Limits that exist as to the contents of the Institute's systems of records.
</b></p>
<p>(a) The Institute shall maintain only such information about an individual as is relevant and necessary to accomplish a purpose of the agency required by statute or by executive order of the President. In addition, the Institute shall maintain all records that are used in making determinations about any individual with such accuracy, relevance, timeliness, and completeness as is reasonably necessary to ensure fairness to that individual in the making of any determination about him or her. However, the Institute shall not be required to update retired records.
</p>
<p>(b) The Institute shall not maintain any record about any individual with respect to or describing how such individual exercises rights guaranteed by the First Amendment of the Constitution of the United States, unless expressly authorized by statute or by the subject individual, or unless pertinent to and within the scope of an authorized law enforcement activity.
</p>
<p><b>&#167; 1182.7
 Institute procedures for collecting information from individuals for its records.
</b></p>
<p>The Institute shall collect information, to the greatest extent practicable, directly from you when the information may result in adverse determinations about your rights, benefits, or privileges under Federal programs. In addition, the Institute shall inform you of the following, either on the form it uses to collect the information or on a separate form that you can retain, when it asks you to supply information:
</p>
<p>(a) The statutory or executive order authority that authorizes the solicitation of the information;
</p>
<p>(b) Whether disclosure of such information is mandatory or voluntary;
</p>
<p>(c) The principal purpose(s) for which the information is intended to be used;
</p>
<p>(d) The routine uses that may be made of the information, as published pursuant to &#167; 1182.4; and
</p>
<p>(e) Any effects on you of not providing all or any part of the required or requested information.
</p>
<p><b>&#167; 1182.8
 Procedures for acquiring access to Institute records pertaining to an individual.
</b></p>
<p>The following procedures apply to records that are contained in an Institute system:
</p>
<p>(a) You may request review of records pertaining to you by writing to the Office of the General Counsel (see &#167; 1182.3). You also may call the Office of the General Counsel at (202) 653-4787 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 Institute systems involved.
</p>
<p>(b) Access to the record, or to any other information pertaining to you that is contained in the system shall be provided if the identification requirements of &#167; 1182.9 are satisfied and the record is determined otherwise to be releasable under the Privacy Act and these regulations. The Institute shall provide you an opportunity to have a copy made of any such record about you. Only one copy of each requested record will be supplied, based on the fee schedule in &#167; 1182.12.
</p>
<p>(c) The Institute 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. The institute will acknowledge, within 10 business days, mailed requests or personal requests for documents 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 record. The Institute may require that you furnish a written statement authorizing discussion of your record 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 the Institute, access to such records might have an adverse effect upon you. When such a determination has been made, the Institute may refuse to disclose such information directly to you. The Institute will, however, disclose this information to a licensed physician designated by you in writing.
</p>
<p><b>&#167; 1182.9
 Identification required when requesting access to Institute records pertaining to an individual.
</b></p>
<p>The Institute shall require reasonable identification of all individuals who request access to records in an Institute system to ensure that they 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 shall 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 Institute systems that contain particularly sensitive and/or detailed personal information, the Institute 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 penalties for improper disclosure under the provisions of the Privacy Act.
</p>
<p>(b) If you request disclosure by mail, the Institute will request such information as may be necessary to ensure that you are properly identified. Authorized means to achieve this goal include, but are not limited to, requiring that a mail request include certification that a duly commissioned notary public of any State or territory (or a similar official, if the request is made outside of the United States) received an acknowledgment of identity from you.
</p>
<p>(c) If you are unable to provide suitable documentation or identification, the Institute may require a signed, notarized statement asserting your identity and stipulating that you understand that knowingly or willfully seeking or obtaining access to records about another person under false pretenses is punishable by a fine of up to $5,000.
</p>
<p><b>&#167; 1182.10
 Procedures for amending or correcting an individual's Institute record.
</b></p>
<p>(a) You are entitled to request amendments to or corrections of records pertaining to you 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 &#167; 1182.3).
</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 Institute 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) The Institute 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 Institute 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 &#167; 1182.11.
</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; 1182.11
 Procedures for appealing a refusal to amend or correct an Institute record.
</b></p>
<p>(a) You may appeal a refusal to amend or correct a record to the Director. Such appeal must be made in writing within 10 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 &#167; 1182.3), should indicate that it is an appeal, and should include the basis for the appeal.
</p>
<p>(b) The Director 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 Director shall render his or her decision on your appeal within 30 business days of its receipt by the Institute, unless the Director, for good cause shown, extends the 30-day period. Should the Director extend the appeal period, you will be informed in writing of the extension and the circumstances of the delay.
</p>
<p>(d) If the Director 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 the Institute 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 Director's determination under 5 U.S.C. 552a(g)(1)(a).
</p>
<p>(f) Whenever you submit a statement of disagreement to the Institute 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 the Institute deems it appropriate, a concise statement of the Director's reasons for denying our appeal also may be disclosed with the record. While you will have access to this statement of the Director'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 Director's reasons for denying your appeal.
</p>
<p><b>&#167; 1182.12
 Fees charged to locate, review, or copy records.
</b></p>
<p>(a) The Institute shall charge no fees for search time or for any other time expended by the Institute to review a record. However, the Institute 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 $0.10 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. A copying fee totaling $3.00 or less shall be waived, but the 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.
</p>
<p>(d) A copying fee shall not be charged or, alternatively, it may be reduced, when the General Counsel determines, based on a petition, that the petitioning individual is indigent and that the Institute's resources permit a waiver of all or part of the 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 the "Institute of Museum and Library Services."
</p>
<p><b>&#167; 1182.13
 Policies and procedures for Institute disclosure of its records.
</b></p>
<p>(a) The Institute not disclose any record that is contained in a system of records to any person or to another agency, except pursuant to a written request by or with the prior written consent of the subject individual, unless disclosure of the record is:
</p>
<p>(1) To those officers or employees of the Institute who maintain the record and who have a need for the record in the performance of their official duties;
</p>
<p>(2) Required under the provisions of the Freedom of Information Act (5 U.S.C. 552). Records required to be made available by the Freedom of Information Act will be released in response to a request to the Institute formulated in accordance with the National Foundation on the Arts and the Humanities regulations published at 45 CFR part 1100;
</p>
<p>(3) For a routine use as published in the annual notice in the <i>Federal Register;</i>
</p>
<p>(4) To the Census Bureau for purpose of planning or carrying out a census; survey, or related activity pursuant to the provisions of Title 13 of the United States Code;
</p>
<p>(5) To a recipient who has provided the Institute with adequate advance written assurance that the record will be used solely as a statistical research or reporting record, and the record is to be transferred in a form that is not individually identifiable;
</p>
<p>(6) To the National Archives and Records Administration as a record that has sufficient historical or other value to warrant its continued preservation by the United States government, or for evaluation by the Archivist of the United States, or his or her designee, to determine whether the record has such value;
</p>
<p>(7) To another agency or to an instrumentality of any governmental jurisdiction within or under the control of the United States for a civil or criminal law enforcement activity, if the activity is authorized by law, and if the head of the agency or instrumentality has made a written request to the Institute for such records specifying the particular portion desired and the law enforcement activity for which the record is sought. The Institute also may disclose such a record to a law enforcement agency on its own initiative in situations in which criminal conduct is suspected, provided that such disclosure has been established as a routine use, or in situations in which the misconduct is directly related to the purpose for which the record is maintained;
</p>
<p>(8) To a person pursuant to a showing of compelling circumstances affecting the health or safety of an individual if, upon such disclosure, notification is transmitted to the last known address of such individual;
</p>
<p>(9) To either House of Congress, or, to the extent of matter within its jurisdictions, any committee or subcommittee thereof, any joint committee of Congress, or subcommittee of any such joint committee;
</p>
<p>(10) To the Comptroller General, or any of his or her authorized representatives, in the course of the performance of official duties of the General Accounting Office;
</p>
<p>(11) To a consumer reporting agency in accordance with 31 U.S.C. 3711(e); or
</p>
<p>(12) Pursuant to an order of a court of competent jurisdiction. In the event that any record is disclosed under such compulsory legal process, the Institute shall make reasonable efforts to notify the subject individual after the process becomes a matter of public record.
</p>
<p>(b) Before disseminating any record about any individual to any person other than an Institute employee, the Institute shall make reasonable efforts to ensure that such records are, or at the time they were collected were, accurate, complete, timely, and relevant for Institute purposes. This paragraph (b) does not apply to dissemination made pursuant to the provisions of the Freedom of Information Act (5 U.S.C. 552) and paragraph (a)(2) of this section.
</p>
<p><b>&#167; 1182.14
 Procedures for maintaining accounts of disclosures made by the Institute 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 Institute 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) The Institute shall retain the accounting of each disclosure for at least five years after the accounting is made or for the life of the record that was disclosed, whichever is longer.
</p>
<p>(c) The Institute shall 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 &#167; 1182.8. This paragraph (c) does not apply to disclosures made for law enforcement purposes under 5 U.S.C. 552a(b)(7) and &#167; 1182.13(a)(7).
</p>
<p><b>&#167; 1182.15
 Institute responsibility for maintaining adequate technical, physical, and security safeguards to prevent unauthorized disclosure or destruction of manual and automatic record systems.
</b></p>
<p>The Chief Information Officer has the responsibility of maintaining adequate technical, physical, and security safeguards to prevent unauthorized disclosure or destruction of manual and automatic record systems. These security safeguards shall apply to all systems in which identifiable personal data are processed or maintained, including all reports and outputs from such systems that contain identifiable personal information. Such safeguards must be sufficient to prevent negligent, accidental, or unintentional disclosure, modification or destruction of any personal records or data, and must furthermore minimize, to the extent practicable, the risk that skilled technicians or knowledgeable persons could improperly obtain access to modify or destroy such records or data and shall further insure against such casual entry by unskilled persons without official reasons for access to such records or data.
</p>
<p>(a) <i>Manual systems.</i> (1) Records contained in a system of records as defined in this part may be used, held, or stored only where facilities are adequate to prevent unauthorized access by persons within or outside the Institute.
</p>
<p>(2) All records, when not under the personal control of the employees authorized to use the records, must be stored in a locked filing cabinet. Some systems of records are not of such confidential nature that their disclosure would constitute a harm to an individual who is the subject of such record. However, records in this category also shall be maintained in locked filing cabinets or maintained in a secured room with a locking door.
</p>
<p>(3) Access to and use of a system of records shall be permitted only to persons whose duties require such access within the Institute, for routine uses as defined in &#167; 1182.1 as to any given system, or for such other uses as may be provided in this part.
</p>
<p>(4) Other than for access within the Institute to persons needing such records in the performance of their official duties or routine uses as defined in &#167; 1182.1, or such other uses as provided in this part, access to records within a system of records shall be permitted only to the individual to whom the record pertains or upon his or her written request to the General Counsel.
</p>
<p>(5) Access to areas where a system of records is stored will be limited to those persons whose duties require work in such areas. There shall be an accounting of the removal of any records from such storage areas utilizing a log, as directed by the Chief Information Officer. The log shall be maintained at all times.
</p>
<p>(6) The Institute shall ensure that all persons whose duties require access to and use of records contained in a system of records are adequately trained to protect the security and privacy of such records.
</p>
<p>(7) The disposal and destruction of records within a system of records shall be in accordance with rules promulgated by the General Services Administration.
</p>
<p>(b) <i>Automated systems.</i> (1) Identifiable personal information may be processed, stored, or maintained by automated data systems only where facilities or conditions are adequate to prevent unauthorized access to such systems in any form. Whenever such data, whether contained in punch cards, magnetic tapes, or discs, are not under the personal control of an authorized person, such information must be stored in a locked or secured room, or in such other facility having greater safeguards than those provided for in this part.
</p>
<p>(2) Access to and use of identifiable personal data associated with automated data systems shall be limited to those persons whose duties require such access. Proper control of personal data in any form associated with automated data systems shall be maintained at all times, including maintenance of accountability records showing disposition of input and output documents.
</p>
<p>(3) All persons whose duties require access to processing and maintenance of identifiable personal data and automated systems shall be adequately trained in the security and privacy of personal data.
</p>
<p>(4) The disposal and disposition of identifiable personal data and automated systems shall be done by shredding, burning, or, in the case of tapes or discs, degaussing, in accordance with regulations of the General Services Administration or other appropriate authority.
</p>
<p><b>&#167; 1182.16
 Procedures to ensure that Institute employees involved with its systems of records are familiar with the requirements and of the Privacy Act.
</b></p>
<p>(a) The Director shall ensure that all persons involved in the design, development, operation, or maintenance of any Institute system are informed of all requirements necessary to protect the privacy of subject individuals. The Director also shall ensure that all Institute employees having access to records receive adequate training in their protection, and that records have adequate and proper storage with sufficient security to assure the privacy of such records.
</p>
<p>(b) All employees shall be informed of the civil remedies provided under 5 U.S.C. 552a(g)(1) and other implications of the Privacy Act, and the fact that the Institute may be subject to civil remedies for failure to comply with the provisions of the Privacy Act and the regulations in this part.
</p>
<p><b>&#167; 1182.17
 Institute systems of records that are covered by exemptions in the Privacy Act.
</b></p>
<p>(a) Pursuant to and limited by 5 U.S.C. 552a(j)(2), the Institute system entitled "Office of the Inspector General Investigative Files" shall be exempted from the provisions of 5 U.S.C. 552a, except for subsections (b); (c)(1) and (2); (e)(4)(A) through (F); (e)(6), (7), (9), (10), and (11); and (i), insofar as that Institute system contains information pertaining to criminal law enforcement investigations.
</p>
<p>(b) Pursuant to and limited by 5 U.S.C. 552a(k)(2), the Institute system entitled "Office of the Inspector General Investigative Files" shall be exempted from 5 U.S.C. 552a(c)(3); (d); (e)(1); (e)(4)(G), (H), and (I); and (f), insofar as that Institute system consists of investigatory material compiled for law enforcement purposes, other than material within the scope of the exemption at 5 U.S.C. 552a(j)(2).
</p>
<p>(c) The Institute system entitled "Office of the Inspector General Investigative Files" is exempt from the provisions of the Privacy Act noted in this section because their application might alert investigation subjects to the existence or scope of investigations; lead to suppression, alteration, fabrication, or destruction of evidence; disclose investigative techniques or procedures; reduce the cooperativeness or safety of witnesses; or otherwise impair investigations.
</p>
<p><b>&#167; 1182.18
 Penalties for obtaining an Institute record under false pretenses.
</b></p>
<p>(a) Under 5 U.S.C. 552a(i)(3), any person who knowingly and willfully requests or obtains any record from the Institute concerning an individual under false pretenses shall be guilty of a misdemeanor and fined not more than $5,000.
</p>
<p>(b) A person who falsely or fraudulently attempts to obtain records under the Privacy Act also may be subject to prosecution under other statutes, including 18 U.S.C. 494, 495, and 1001.
</p>
<p><b>&#167; 1182.19
 Restrictions that exist regarding the release of mailing lists.
</b></p>
<p>The Institute may not sell or rent an individual's name and address unless such action specifically is authorized by law. This section shall not be construed to require the withholding of names and addresses otherwise permitted to be made public.


</p></xhtmlContent>
</regulationsPart>
</regulationsChapter>
</regulationsTitle>
</regulations>
<regulations id="reg3" toc="yes">
<regulationsTitle number="45">
<heading> Public Welfare </heading>
<regulationsChapter number="XI">
<heading> National Endowment for the Arts </heading>
<regulationsPart number="1159">
<heading> IMPLEMENTATION OF THE PRIVACY ACT OF 1974</heading>
<xhtmlContent> 
<p>Sec.
</p>
<p>1159.1 What definitions apply to these regulations?
</p>
<p>1159.2 What is the purpose of these regulations?
</p>
<p>1159.3 Where should individuals send inquiries about the Endowment's systems of records or implementation of the Privacy Act?
</p>
<p>1159.4 How will the public receive notification of the Endowment's systems of records?
</p>
<p>1159.5 What government entities will the Endowment notify of proposed changes to its systems of records?
</p>
<p>1159.6 What limits exist as to the contents of the Endowment's systems of records?
</p>
<p>1159.7 Will the Endowment collect information from me for its records?
</p>
<p>1159.8 How can I acquire access to Endowment records pertaining to me?
</p>
<p>1159.9 What identification will I need to show when I request access to Endowment records pertaining to me?
</p>
<p>1159.10 How can I pursue amendments to or corrections of an Endowment record?
</p>
<p>1159.11 How can I appeal a refusal to amend or correct an Endowment record?
</p>
<p>1159.12 Will the Endowment charge me fees to locate, review, or copy records?
</p>
<p>1159.13 In what other situations will the Endowment disclose its records?
</p>
<p>1159.14 Will the Endowment maintain a written account of disclosures made from its systems of records?
</p>
<p>1159.15 Who has the responsibility for maintaining adequate technical, physical, and security safeguards to prevent unauthorized disclosure or destruction of manual and automatic record systems?
</p>
<p>1159.16 Will the Endowment take steps to ensure that its employees involved with its systems of records are familiar with the requirements and implications of the Privacy Act?
</p>
<p>1159.17 Which of the Endowment's systems of records are covered by exemptions in the Privacy Act?
</p>
<p>1159.18 What are the penalties for obtaining an Endowment record under false pretenses?
</p>
<p>1159.19 What restrictions exist regarding the release of mailing lists?
</p>
<p><b>Authority:</b> 5 U.S.C. 552a(f).
</p>
<p><b>Source:</b> 65 FR 46371, July 28, 2000, unless otherwise noted.
</p>
<p><b>&#167; 1159.1
 What definitions apply to these regulations?
</b></p>
<p>The definitions of the Privacy Act apply to this part. In addition, as used in this part:
</p>
<p>(a) <i>Agency</i> means any executive department, military department, government corporation, or other establishment in the executive branch of the Federal government, including the Executive Office of the President or any independent regulatory agency.
</p>
<p>(b) <i>Business day</i> means a calendar day, excluding Saturdays, Sundays, and legal public holidays.
</p>
<p>(c) <i>Chairperson</i> means the Chairperson of the Endowment, or his or her designee;
</p>
<p>(d) <i>Endowment</i> means the National Endowment for the Arts;
</p>
<p>(e) <i>Endowment</i> system means a system of records maintained by the Endowment;
</p>
<p>(f) <i>General Counsel</i> means the General Counsel of the Endowment, or his or her designee.
</p>
<p>(g) <i>Individual</i> means any citizen of the United States or an alien lawfully admitted for permanent residence;
</p>
<p>(h) <i>Maintain</i> means to collect, use, store, or disseminate records, as well as any combination of these recordkeeping functions. The term also includes exercise of control over and, therefore, responsibility and accountability for, systems of records;
</p>
<p>(i) <i>Privacy Act</i> means the Privacy Act of 1974, as amended (5 U.S.C. 552a);
</p>
<p>(j) <i>Record</i> means any item, collection, or grouping of information about an individual that is maintained by an agency and contains the individual's name or another identifying particular, such as a number or symbol assigned to the individual, or his or her fingerprint, voice print, or photograph. The term includes, but is not limited to, information regarding an individual's education, financial transactions, medical history, and criminal or employment history;
</p>
<p>(k) <i>Routine</i> use means, with respect to the disclosure of a record, the use of a record for a purpose that is compatible with the purpose for which it was collected;
</p>
<p>(l) <i>Subject individual</i> means the individual to whom a record pertains. Uses of the terms "I", "you", "me", and other references to the reader of the regulations in this part are meant to apply to subject individuals as defined in this paragraph (l); and
</p>
<p>(m) <i>System of records</i> means a group of records under the control of any agency from which information is retrieved by use of the name of the individual or by some number, symbol, or other identifying particular assigned to the individual.
</p>
<p><b>&#167; 1159.2
 What is the purpose of these regulations?
</b></p>
<p>The regulations in this part set forth the Endowment's procedures under the Privacy Act, as required by 5 U.S.C. 552a(f), with respect to systems of records maintained by the Endowment. These regulations establish procedures by which an individual may exercise the rights granted by the Privacy Act to determine whether an Endowment system contains a record pertaining to him or her; to gain access to such records; and to request correction or amendment of such records. These regulations also set identification requirements, prescribe fees to be charged for copying records, and establish exemptions from certain requirements of the Act for certain Endowment systems or components thereof.
</p>
<p><b>&#167; 1159.3
 Where should individuals send inquiries about the Endowment's systems of records or implementation of the Privacy Act?
</b></p>
<p>Inquiries about the Endowment's systems of records or implementation of the Privacy Act should be sent to the following address: National Endowment for the Arts; Office of the General Counsel; 1100 Pennsylvania Avenue, NW; Room 518; Washington, DC 20506.
</p>
<p><b>&#167; 1159.4
 How will the public receive notification of the Endowment's systems of records?
</b></p>
<p>(a) From time to time, the Endowment shall review its systems of records in the <i>Federal Register,</i> and publish, if necessary, any amendments to those systems of records. Such publication shall not be made for those systems of records maintained by other agencies while in the temporary custody of the Endowment.
</p>
<p>(b) At least 30 days prior to publication of information under paragraph (a) of this section, the Endowment shall publish in the <i>Federal Register</i> a notice of its intention to establish any new routine uses of any of its systems of records, thereby providing the public an opportunity to comment on such uses. This notice published by the Endowment shall contain the following:
</p>
<p>(1) The name of the system of records for which the routine use is to be established;
</p>
<p>(2) The authority for the system;
</p>
<p>(3) The purpose for which the record is to be maintained;
</p>
<p>(4) The proposed routine use(s);
</p>
<p>(5) The purpose of the routine use(s); and
</p>
<p>(6) The categories of recipients of such use.
</p>
<p>(c) Any request for additions to the routine uses of Endowment systems should be sent to the Office of the General Counsel (see &#167; 1159.3 of this part).
</p>
<p>(d) Any individual who wishes to know whether an Endowment system contains a record pertaining to him or her should write to the Office of the General Counsel (see &#167; 1159.3 of this part). Such individuals may also call the Office of the General Counsel at (202) 682-5418 on business days, between the hours of 9 a.m. and 5:30 p.m., to schedule an appointment to make an inquiry in person. In either case, inquiries should be presented in writing and should specifically identify the Endowment systems involved. The Endowment will attempt to respond to an inquiry as to whether a record exists within 10 business days of receiving the inquiry.
</p>
<p><b>&#167; 1159.5
 What government entities will the Endowment notify of proposed changes to its systems of records?
</b></p>
<p>When the Endowment proposes to establish or significantly changes any of its systems of records, it shall provide adequate advance notice of such proposal to the Committee on Government Reform of the House of Representatives, the Committee on Governmental Affairs of the Senate, and the Office of Management and Budget (OMB), in order to permit an evaluation of the probable or potential effect of such proposal on the privacy or other rights of individuals. This report will be submitted in accordance with guidelines provided by the OMB.
</p>
<p><b>&#167; 1159.6
 What limits exist as to the contents of the Endowment's systems of records?
</b></p>
<p>(a) The Endowment shall maintain only such information about an individual as is relevant and necessary to accomplish a purpose of the agency required by statute or by executive order of the President. In addition, the Endowment shall maintain all records that are used in making determinations about any individual with such accuracy, relevance, timeliness, and completeness as is reasonably necessary to ensure fairness to that individual in the making of any determination about him or her. However, the Endowment shall not be required to update retired records.
</p>
<p>(b) The Endowment shall not maintain any record about any individual with respect to or describing how such individual exercises rights guaranteed by the First Amendment of the Constitution of the United States, unless expressly authorized by statute or by the subject individual, or unless pertinent to and within the scope of an authorized law enforcement activity.
</p>
<p><b>&#167; 1159.7
 Will the Endowment collect information from me for its records?
</b></p>
<p>The Endowment shall collect information, to the greatest extent practicable, directly from you when the information may result in adverse determinations about your rights, benefits, or privileges under Federal programs. In addition, the Endowment shall inform you of the following, either on the form it uses to collect the information or on a separate form that you can retain, when it asks you to supply information:
</p>
<p>(a) The statutory or executive order authority that authorizes the solicitation of the information;
</p>
<p>(b) Whether disclosure of such information is mandatory or voluntary;
</p>
<p>(c) The principal purpose(s) for which the information is intended to be used;
</p>
<p>(d) The routine uses that may be made of the information, as published pursuant to &#167; 1159.4 of this part; and
</p>
<p>(e) Any effects on you of not providing all or any part of the required or requested information.
</p>
<p><b>&#167; 1159.8
 How can I acquire access to Endowment records pertaining to me?
</b></p>
<p>The following procedures apply to records that are contained in an Endowment system:
</p>
<p>(a) You may request review of records pertaining to you by writing to the Office of the General Counsel (see &#167; 1159.3 of this part). You may also call the Office of the General Counsel at (202) 682-5418 on business days, between the hours of 9 a.m. and 5:30 p.m., to schedule an appointment to make such a request in person. In either case, your request should be presented in writing and should specifically identify the Endowment systems involved.
</p>
<p>(b) Access to the record, or to any other information pertaining to you that is contained in the system, shall be provided if the identification requirements of &#167; 1159.9 of this part are satisfied and the record is otherwise determined to be releasable under the Privacy Act and these regulations. The Endowment shall provide you an opportunity to have a copy made of any such record about you. Only one copy of each requested record will be supplied, based on the fee schedule in &#167; 1159.12 of this part.
</p>
<p>(c) The Endowment 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. The Endowment will acknowledge mailed requests, or personal requests for documents that are not immediately available, within 10 business days, 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 record. The Endowment may require that you furnish a written statement authorizing discussion of your record 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 the Endowment, access to such records might have an adverse effect upon you. When such determination has been made, the Endowment may refuse to disclose such information directly to you. The Endowment will, however, disclose this information to a licensed physician designated by you in writing.
</p>
<p><b>&#167; 1159.9
 What identification will I need to show when I request access to Endowment records pertaining to me?
</b></p>
<p>The Endowment shall require reasonable identification of all individuals who request access to records in an Endowment system to ensure that they 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 shall 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 Endowment systems that contain particularly sensitive and/or detailed personal information, the Endowment 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 penalties for improper disclosure under the provisions of the Privacy Act.
</p>
<p>(b) If you request disclosure by mail, the Endowment will request such information as may be necessary to ensure that you are properly identified. Authorized means to achieve this goal include, but are not limited to, requiring that a mail request include certification that a duly commissioned notary public of any State or territory (or a similar official, if the request is made outside of the United States) received an acknowledgment of identity from you.
</p>
<p>(c) If you are unable to provide suitable documentation or identification, the Endowment may require a signed, notarized statement asserting your identity and stipulating that you understand that knowingly or willfully seeking or obtaining access to records about another person under false pretenses is punishable by a fine of up to $5,000.
</p>
<p><b>&#167; 1159.10
 How can I pursue amendments to or corrections of an Endowment record?
</b></p>
<p>(a) You are entitled to request amendments to or corrections of records pertaining to you 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 &#167; 1159.3 of this part).
</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 Endowment 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) The Endowment 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 Endowment 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 will also be informed that you may appeal this refusal in accordance with &#167; 1159.11 of this part.
</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; 1159.11
 How can I appeal a refusal to amend or correct an Endowment record?
</b></p>
<p>(a) You may appeal a refusal to amend or correct a record to the Chairperson. Such appeal must be made in writing within 10 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 &#167; 1159.3 of this part), should indicate that it is an appeal, and should include the basis for the appeal.
</p>
<p>(b) The Chairperson 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 Chairperson shall render his or her decision on your appeal within 30 business days of its receipt by the Endowment, unless the Chairperson, for good cause shown, extends the 30-day period. Should the Chairperson extend the appeal period, you will be informed in writing of the extension and the circumstances of the delay.
</p>
<p>(d) If the Chairperson 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 the Endowment 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 Chairperson's determination under 5 U.S.C. 552a(g)(1)(a).
</p>
<p>(f) Whenever you submit a statement of disagreement to the Endowment 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 the Endowment deems it appropriate, a concise statement of the Chairperson's reasons for denying your appeal may also be disclosed with the record. While you will have access to this statement of the Chairperson'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 Chairperson's reasons for denying your appeal.
</p>
<p><b>&#167; 1159.12
 Will the Endowment charge me fees to locate, review, or copy records?
</b></p>
<p>(a) The Endowment shall charge no fees for search time or for any other time expended by the Endowment to review a record. However, the Endowment 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 (<i>e.g.,</i> 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 $0.10 per page. Where records are not susceptible to photocopying (<i>e.g.,</i> punch cards, magnetic tapes, or oversize materials), you will be charged actual cost as determined on a case-by-case basis. A copying fee totaling $3.00 or less shall be waived, but the 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.
</p>
<p>(d) A copying fee shall not be charged or, alternatively, it may be reduced, when the General Counsel determines, based on a petition, that the petitioning individual is indigent and that the Endowment's resources permit a waiver of all or part of the 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 the "National Endowment for the Arts."
</p>
<p><b>&#167; 1159.13
 In what other situations will the Endowment disclose its records?
</b></p>
<p>(a) The Endowment shall not disclose any record that is contained in a system of records to any person or to another agency, except pursuant to a written request by or with the prior written consent of the subject individual, unless disclosure of the record is:
</p>
<p>(1) To those officers or employees of the Endowment who maintain the record and who have a need for the record in the performance of their official duties;
</p>
<p>(2) Required under the provisions of the Freedom of Information Act (5 U.S.C. 552). Records required to be made available by the Freedom of Information Act will be released in response to a request to the Endowment formulated in accordance with the National Foundation on the Arts and the Humanities regulations published at 45 CFR part 1100;
</p>
<p>(3) For a routine use as published in the annual notice in the <i>Federal Register</i>;
</p>
<p>(4) To the Census Bureau for purposes of planning or carrying out a census, survey, or related activity pursuant to the provisions of Title 13 of the United States Code;
</p>
<p>(5) To a recipient who has provided the Endowment with adequate advance written assurance that the record will be used solely as a statistical research or reporting record, and the record is to be transferred in a form that is not individually identifiable;
</p>
<p>(6) To the National Archives and Records Administration as a record that has sufficient historical or other value to warrant its continued preservation by the United States government, or for evaluation by the Archivist of the United States, or his or her designee, to determine whether the record has such value;
</p>
<p>(7) To another agency or to an instrumentality of any governmental jurisdiction within or under the control of the United States for a civil or criminal law enforcement activity, if the activity is authorized by law, and if the head of the agency or instrumentality has made a written request to the Endowment for such records specifying the particular portion desired and the law enforcement activity for which the record is sought. The Endowment may also disclose such a record to a law enforcement agency on its own initiative in situations in which criminal conduct is suspected, provided that such disclosure has been established as a routine use, or in situations in which the misconduct is directly related to the purpose for which the record is maintained;
</p>
<p>(8) To a person pursuant to a showing of compelling circumstances affecting the health or safety of an individual if, upon such disclosure, notification is transmitted to the last known address of such individual;
</p>
<p>(9) To either House of Congress, or, to the extent of matter within its jurisdiction, any committee or subcommittee thereof, any joint committee of Congress, or subcommittee of any such joint committee;
</p>
<p>(10) To the Comptroller General, or any of his or her authorized representatives, in the course of the performance of official duties of the General Accounting Office;
</p>
<p>(11) To a consumer reporting agency in accordance with 31 U.S.C. 3711(e); or
</p>
<p>(12) Pursuant to an order of a court of competent jurisdiction. In the event that any record is disclosed under such compulsory legal process, the Endowment shall make reasonable efforts to notify the subject individual after the process becomes a matter of public record.
</p>
<p>(b) Before disseminating any record about any individual to any person other than an Endowment employee, the Endowment shall make reasonable efforts to ensure that such records are, or at the time they were collected were, accurate, complete, timely, and relevant for Endowment purposes. This paragraph (b) does not apply to disseminations made pursuant to the provisions of the Freedom of Information Act (5 U.S.C. 552) and paragraph (a)(2) of this section.
</p>
<p><b>&#167; 1159.14
 Will the Endowment maintain a written account of disclosures made from its systems of records?
</b></p>
<p>(a) The Office of the General Counsel shall maintain a written log containing the date, nature, and purpose of each disclosure of a record to any person or to another agency. Such accounting shall also contain the name and address of the person or agency to whom each disclosure was made. This log need not include disclosures made to Endowment 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) The Endowment shall retain the accounting of each disclosure for at least five years after the accounting is made or for the life of the record that was disclosed, whichever is longer.
</p>
<p>(c) The Endowment shall 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 &#167; 1159.8 of this part. This paragraph (c) does not apply to disclosures made for law enforcement purposes under 5 U.S.C. 552a(b)(7) and &#167; 1159.13(a)(7) of this part.
</p>
<p><b>&#167; 1159.15
 Who has the responsibility for maintaining adequate technical, physical, and security safeguards to prevent unauthorized disclosure or destruction of manual and automatic record systems?
</b></p>
<p>The Deputy Chairman for Management and Budget has the responsibility of maintaining adequate technical, physical, and security safeguards to prevent unauthorized disclosure or destruction of manual and automatic record systems. These security safeguards shall apply to all systems in which identifiable personal data are processed or maintained, including all reports and outputs from such systems that contain identifiable personal information. Such safeguards must be sufficient to prevent negligent, accidental, or unintentional disclosure, modification or destruction of any personal records or data, and must furthermore minimize, to the extent practicable, the risk that skilled technicians or knowledgeable persons could improperly obtain access to modify or destroy such records or data and shall further insure against such casual entry by unskilled persons without official reasons for access to such records or data.
</p>
<p>(a) <i>Manual systems.</i> (1) Records contained in a system of records as defined herein may be used, held or stored only where facilities are adequate to prevent unauthorized access by persons within or outside the Endowment.
</p>
<p>(2) All records, when not under the personal control of the employees authorized to use the records, must be stored in a locked metal filing cabinet. Some systems of records are not of such confidential nature that their disclosure would constitute a harm to an individual who is the subject of such record. However, records in this category shall also be maintained in locked metal filing cabinets or maintained in a secured room with a locking door.
</p>
<p>(3) Access to and use of a system of records shall be permitted only to persons whose duties require such access within the Endowment, for routine uses as defined in &#167; 1159.1 as to any given system, or for such other uses as may be provided herein.
</p>
<p>(4) Other than for access within the Endowment to persons needing such records in the performance of their official duties or routine uses as defined in &#167; 1159.1, or such other uses as provided herein, access to records within a system of records shall be permitted only to the individual to whom the record pertains or upon his or her written request to the General Counsel.
</p>
<p>(5) Access to areas where a system of records is stored will be limited to those persons whose duties require work in such areas. There shall be an accounting of the removal of any records from such storage areas utilizing a written log, as directed by the Deputy Chairman for Management and Budget. The written log shall be maintained at all times.
</p>
<p>(6) The Endowment shall ensure that all persons whose duties require access to and use of records contained in a system of records are adequately trained to protect the security and privacy of such records.
</p>
<p>(7) The disposal and destruction of records within a system of records shall be in accordance with rules promulgated by the General Services Administration.
</p>
<p>(b) <i>Automated systems.</i> (1) Identifiable personal information may be processed, stored or maintained by automated data systems only where facilities or conditions are adequate to prevent unauthorized access to such systems in any form. Whenever such data, whether contained in punch cards, magnetic tapes or discs, are not under the personal control of an authorized person, such information must be stored in a locked or secured room, or in such other facility having greater safeguards than those provided for herein.
</p>
<p>(2) Access to and use of identifiable personal data associated with automated data systems shall be limited to those persons whose duties require such access. Proper control of personal data in any form associated with automated data systems shall be maintained at all times, including maintenance of accountability records showing disposition of input and output documents.
</p>
<p>(3) All persons whose duties require access to processing and maintenance of identifiable personal data and automated systems shall be adequately trained in the security and privacy of personal data.
</p>
<p>(4) The disposal and disposition of identifiable personal data and automated systems shall be done by shredding, burning or in the case of tapes or discs, degaussing, in accordance with any regulations now or hereafter proposed by the General Services Administration or other appropriate authority.
</p>
<p><b>&#167; 1159.16
 Will the Endowment take steps to ensure that its employees involved with its systems of records are familiar with the requirements and implications of the Privacy Act?
</b></p>
<p>(a) The Chairperson shall ensure that all persons involved in the design, development, operation or maintenance of any Endowment system are informed of all requirements necessary to protect the privacy of subject individuals. The Chairperson shall also ensure that all Endowment employees having access to records receive adequate training in their protection, and that records have adequate and proper storage with sufficient security to assure the privacy of such records.
</p>
<p>(b) All employees shall be informed of the civil remedies provided under 5 U.S.C. 552a(g)(1) and other implications of the Privacy Act, and the fact that the Endowment may be subject to civil remedies for failure to comply with the provisions of the Privacy Act and these regulations.
</p>
<p><b>&#167; 1159.17
 Which of the Endowment's systems of records are covered by exemptions in the Privacy Act?
</b></p>
<p>(a) Pursuant to and limited by 5 U.S.C. 552a(j)(2), the Endowment system entitled "Office of the Inspector General Investigative Files" shall be exempted from the provisions of 5 U.S.C. 552a, except for subsections (b); (c)(1) and (2); (e)(4)(A) through (F); (e)(6), (7), (9), (10), and (11); and (i), insofar as that Endowment system contains information pertaining to criminal law enforcement investigations.
</p>
<p>(b) Pursuant to and limited by 5 U.S.C. 552a(k)(2), the Endowment system entitled "Office of the Inspector General Investigative Files" shall be exempted from 5 U.S.C. 552a(c)(3); (d); (e)(1); (e)(4)(G), (H), and (I); and (f), insofar as that Endowment system consists of investigatory material compiled for law enforcement purposes, other than material within the scope of the exemption at 5 U.S.C. 552a(j)(2).
</p>
<p>(c) The Endowment system entitled "Office of the Inspector General Investigative Files" is exempt from the above-noted provisions of the Privacy Act because their application might alert investigation subjects to the existence or scope of investigations; lead to suppression, alteration, fabrication, or destruction of evidence; disclose investigative techniques or procedures; reduce the cooperativeness or safety of witnesses; or otherwise impair investigations.
</p>
<p><b>&#167; 1159.18
 What are the penalties for obtaining an Endowment record under false pretenses?
</b></p>
<p>(a) Under 5 U.S.C. 552a(i)(3), any person who knowingly and willfully requests or obtains any record concerning an individual from the Endowment under false pretenses shall be guilty of a misdemeanor and fined not more than $5,000.
</p>
<p>(b) A person who falsely or fraudulently attempts to obtain records under the Privacy Act may also be subject to prosecution under other statutes, including 18 U.S.C. 494, 495, and 1001.
</p>
<p><b>&#167; 1159.19
 What restrictions exist regarding the release of mailing lists?
</b></p>
<p>The Endowment may not sell or rent an individual's name and address unless such action is specifically authorized by law. This section shall not be construed to require the withholding of names and addresses otherwise permitted to be made public.
</p></xhtmlContent>
</regulationsPart>
</regulationsChapter>
</regulationsTitle>
</regulations>
<regulations id="reg3" toc="yes">
<regulationsTitle number="45">
<heading> Public Welfare </heading>
<regulationsChapter number="XI">
<heading> National Endowment for the Arts </heading>
<regulationsPart number="1169">
<xhtmlContent>
<p>Sec.</p>
            <p>1169.1  Purpose and scope.</p>
            <p>1169.2  Definitions.</p>
            <p>1169.3 Inquiries about NEH’s systems of records or implementation of the Privacy Act.</p>
            <p>1169.4 Procedures for determining if an individual is the subject of an NEH record.</p>
            <p>1169.5 Procedures for acquiring access to NEH records pertaining to an individual.</p>
            <p>1169.6 Identification required when requesting access to NEH records pertaining to an individual.</p>
            <p>1169.7  Procedures for amending or correcting an individual’s NEH record.</p>
            <p>1169.8  The appeals process.</p>
            <p>1169.9  Fees charged to locate, review, or copy records.</p>
            <p>1169.10 NEH systems of records that are covered by exemptions under the Privacy Act.</p>
            <p>
                1169.11 Penalties for obtaining an NEH record under false pretenses.</p>
</xhtmlContent>

    <p><b>Authority:</b>5 U.S.C. 552a(f).</p>
    <p>Source: 84 FR 34789, July 19, 2019, unless otherwise noted.</p>
                        <p><b>&#167;§ 1169.1 Purpose and scope.</b></p>
<p>The regulations in this part set forth NEH’s procedures under the Privacy Act, as required by 5 U.S.C. 552a(f), with respect to systems of records maintained by NEH.  These regulations establish procedures by which an individual may exercise the rights granted by the Privacy Act to determine whether an NEH system of records contains a record pertaining to him or her; gain access to such records; and request correction or amendment of such records.  The regulations also set identification requirements; establish procedures by which an individual may appeal within NEH an adverse agency determination; prescribe fees which NEH will charge for copying records; and establish exemptions from certain requirements of the Privacy Act for certain NEH systems of records or parts thereof.</p>
<p><b>&#167;§ 1169.2 Definitions.</b></p>
<p>The definitions of the Privacy Act apply to this part.  In addition, as used in this part:</p>
<p> Agency means any executive department, military department, Government corporation, or other establishment in the executive branch of the Federal government, including the Executive Office of the President or any independent regulatory agency.</p>
<p> Business day means a calendar day, excluding Saturdays, Sundays, and legal public holidays.</p>
<p> Chairperson means the Chairperson of NEH, or his or her designee.</p>
<p> General Counsel means the General Counsel of NEH, or his or her designee;</p>
<p> Individual means any citizen of the United States or an alien lawfully admitted for permanent residence.</p>
                                                <p> Maintain means to collect, use, store, or disseminate records, as well as any combination of these recordkeeping functions.  The term also includes exercise of control over and, therefore, responsibility and accountability for, systems of records.</p>
                                                <p> NEH means the National Endowment for the Humanities.</p>
                                                <p> NEH system means a system of records maintained by NEH.</p>
                                                <p> Privacy Act means the Privacy Act of 1974, as amended (5 U.S.C. 552a).</p>
                                                <p> Record means any item, collection, or grouping of information about an individual, including, but not limited to, information regarding an individual’s education, financial transactions, medical history, and criminal or employment history and that contains the individual’s name or another identifying particular, such as a number or symbol assigned to the individual, or his or her fingerprints, voice print, or photograph.</p>
                                                <p> Routine use means, with respect to disclosure of a record, the use of a record for a purpose that is compatible with the purpose for which it was collected.</p>
                                                <p> System of records means a group of records under the control of NEH from which NEH retrieves information by use of an individual’s name or by some number, symbol, or other identifying particular assigned to an individual.</p>
<p><b>&#167;§ 1169.3 Inquiries about NEH’s systems of records or implementation of the Privacy Act.</b></p>
<p>Inquiries about NEH’s systems of records or implementation of the Privacy Act should be sent by email to gencounsel@neh.gov or by mail to the following address:  National Endowment for the Humanities, Office of the General Counsel, 400 Seventh Street, SW, Room 4060, Washington, DC 20506.</p>
<p><b>&#167;§ 1169.4 Procedures for determining if an individual is the subject of an NEH record.</b></p>
<p>(a) NEH has published notice of its systems of records in the Federal Register and also has made such information available on the privacy program page of the NEH website.  Any individual desiring to know whether a specific system of records contains a record pertaining to him or her should address such inquiries in writing to the Office of the General Counsel at the email or physical address identified in § 1169.3.</p>
<p>(b) The written inquiry described in § 1169.4(a) should refer to the specific system or systems of records listed in the NEH Notice of Systems of Records, or describe the type of record in sufficient detail reasonably to identify the relevant system of records.</p>
<p>(c) At a minimum, the request should contain sufficient identifying information to allow NEH to determine if there is a record pertaining to the individual making the request in a particular system of records.  NEH reserves the right to solicit from an individual submitting such inquiry proof of identification, depending upon the sensitivity of the request.</p>
<p>(d) NEH will attempt to respond to an inquiry regarding whether a record exists within 10 business days of receiving the inquiry, or 10 business days from the time any required identification is established, whichever is later.  Such a response will contain or reference the procedures that the individual must follow in order to gain access to any such records.</p>
<p><b>&#167;§ 1169.5Procedures for acquiring access to NEH records pertaining to an individual.</b></p>
                                                                                     
                                                                                    <p>(a) An individual may request access to his or her own records contained within an NEH system of records by writing to the Office of the General Counsel at the email or physical address identified in § 1169.3.  The individual making the request should include his or her full name, address, email address, and telephone number.  The individual making the request should also specifically indicate whether he or she wishes to review such records in person.</p>
                                                                                    <p>(b) The request for access to a record within a system of records should refer to the specific system or systems of records listed in the NEH Notice of Systems of Records within which NEH may retrieve the individual’s records, or describe the type of record in sufficient detail such that NEH may reasonably identify the relevant system of records.  The request should further state that it is made pursuant to the Privacy Act.  In addition, the request should include any other information which may permit NEH to identify the record for which access is being requested, such as maiden name, dates of employment, etc.</p>
                                                                                    <p>(c) Where an individual requests records pertaining to himself or herself, NEH will process such request under both these regulations and NEH’s regulations implementing the Freedom of Information Act ("FOIA"), set forth in 45 CFR part 1171, so as to provide the greatest degree of lawful access.</p>
                                                                                    <p>(d) Upon receipt of any such request, NEH will determine whether the records identified by the requester exist and whether they are subject to any exemption under § 1169.10.  Should NEH determine that the records are releasable under the Privacy Act and these regulations, and upon verifying the individual’s identity per § 1169.6, NEH will provide access to copies of the records by transmitting them to the requester at the mailing or email address provided by the requester, or by permitting the requester to inspect the records at NEH’s offices should the requester ask for in-person inspection or where the requester is a current NEH employee.</p>
                                                                                    <p>(e) NEH will acknowledge a request for access as soon as practicable, and in no event in less than 5 business days.  Consistent with the agency’s FOIA regulations, NEH will otherwise substantively answer a request for access in no less than 20 business days, except when NEH determines otherwise, in which case NEH will inform the person making the request of the reasons for the delay and the estimated date by which NEH will answer the request.  When NEH can answer the request within 20 business days, the response shall include the following:</p>
                                                                                    <p>(1) A statement that there is no record as requested or a statement that there is no such record in the systems of records maintained by NEH;</p>
                                                                                    <p>(2) A statement as to whether NEH will grant access by providing a copy of the record through the mail or email; or, where an individual requests in-person inspection, the address of the location and the date and time at which the record may be examined.  In the event the person requesting access is unable to meet the specified date and time, he or she may make alternative arrangements with NEH;</p>
                                                                                    <p>(3) The amount of fees charged, if any (see § 1169.9);</p>
                                                                                    <p>(4) Any documentation required by NEH to verify the identity of the person making the request.</p>
                                                                                    <p>(f) NEH will provide only one copy of each requested record, based on the fee schedule in § 1169.9.</p>
                                                                                    <p>(g) Per 5 USC 552a(h), a parent of a minor, upon presenting suitable personal identification, may act on behalf of the minor to gain access to any record pertaining to the minor maintained by NEH in a system of records.  A legal guardian may similarly act on behalf of an individual declared to be incompetent due to physical or mental incapacity or age by a court of competent jurisdiction, upon the presentation of the documents authorizing the legal guardian to so act, and upon suitable personal identification of the guardian.</p>
                                                                                    <p>(h) In the event NEH gains access to a record by permitting in-person inspection, the individual to which the record pertains may be accompanied by a person of his or her choice to review the record.  Under such circumstances, NEH may require that the individual who is the subject of the record furnish a written statement authorizing discussion of the record in the accompanying person’s presence.</p>
                                                                                    <p>(i) In accordance with this provision, NEH will disclose medical or psychological records pertaining to an individual to whom they pertain unless NEH determines, in consultation with a physician, that disclosure of such records might adversely affect the individual to whom they pertain.  Under these circumstances, NEH will disclose this information to a licensed physician designated by such individual in writing.</p>

<p><b>&#167;§ 1169.6 Identification required when requesting access to NEH records pertaining to an individual.</b></p>
                                                                                                 
                                                                                                <p>(a) Before granting access to personal information under the Privacy Act, NEH may require that the individual requesting such access provide reasonable proof of his or her identity.</p>
                                                                                                <p>(b) Except in the case of NEH employees and those individuals who request in-person inspection, NEH generally will endeavor to provide access to records via mail or email.  In such instances, NEH will first confirm that the physical and/or email addresses provided by the requester match those contained with the NEH system of records.  Depending upon the sensitivity of the records requested, and whether the addresses match as described in the preceding sentence, NEH may also request that the individual verify his or her identity by providing certain minimum identifying data, such as date or place of birth and/or copies of a valid driver’s license or passport.  Where the information sought is of a particularly sensitive nature, and/or where the individual cannot provide minimum identifying data , NEH may require that the individual seeking access submit a notarized statement of identity or a signed statement asserting and acknowledging that knowingly or willfully seeking or obtaining access to records about another person under false pretenses may result in a fine of up to $5,000.</p>
                                                                                                <p>(c) NEH will provide access by in-person examination to NEH employees as well as to individuals who specifically request disclosure in person.  In such instances, the individual requesting disclosure may prove identity by producing an employee identification card, driver’s license, or other license, permit or pass used for routine identification purposes.  If the individual is unable to provide suitable documentation or identification, NEH may require that he or she stipulate, in writing, that knowingly or willingly seeking or obtaining access to records about another person under false pretenses is punishable by a fine of up to $5,000.</p>
                                                                                                <p>(d) Identity verification procedures shall not:</p>
                                                                                                <p>(1) Be so complicated as to discourage unnecessarily individuals from seeking access to information about themselves;</p>
                                                                                                <p>(2) Be required of an individual seeking access to records that normally would be available under FOIA (see 45 CFR part 1171);</p>
                                                                                                <p>(3) Require, as a condition to access, the provision of a social security number, unless a social security number is the only means by which NEH may retrieve the records that are the subject of the request.</p>
                                                                                                <p>(4) Require that the individual explain or justify his or her need for access to any record under this part.</p>

<p><b>&#167;§ 1169.7 Procedures for amending or correcting an individual’s NEH record.</b></p>
                                                                                                           
                                                                                                            <p>(a) Individuals are entitled to request amendments or corrections of records pertaining to themselves pursuant to 5 U.S.C. 552a(d)(2).  Normally, amendments to this part are limited to correcting factual matters and not matters of official judgment, such as grant proposal evaluations, performance ratings, promotion potential, and job performance appraisals.  An individual seeking action under this provision bears the burden of demonstrating to NEH that a record should be amended or corrected.</p>
                                                                                                            <p>(b) Individuals may request the amendment of records pertaining to themselves by submitting a letter in writing to the NEH Office of the General Counsel at the email or physical address identified in § 1169.3.  Such letter shall include the following information:</p>
                                                                                                            <p>(1) Identification of the particular record to be amended or corrected;</p>
                                                                                                            <p>(2) The NEH system from which the record was retrieved;</p>
                                                                                                            <p>(3) The precise correction or amendment sought, preferably in the form of an edited copy of the record reflecting the desired modification;</p>
                                                                                                            <p>(4)  Reasons for requesting amendment or correction of the record, including copies of available documentary evidence supporting the request, where applicable.</p>
                                                                                                            <p> (c) NEH will acknowledge a request for amendment or correction as soon as practicable, and in no event less than 5 business days.</p>
                                                                                                            <p>(d) When NEH has previously verified the individual’s identity pursuant to §§ 1169.6(b) or 1169.6(c), it will not require further verification of identity so long as the request for amendment or correction does not suggest a need for additional verification.  If NEH has not previously verified the individual’s identity, it may require that the individual validate his or her identity as described in §§ 1169.6(b) or 1169(c).</p>
                                                                                                            <p>(e) To the extent possible, NEH will render a decision upon a request to amend a record no less than 20 business days after receiving such a request.  In the event NEH cannot render a decision within that time frame, it will so inform the individual who made the request and provide an expected date for a decision.   Any such decision will include the following information:</p>
                                                                                                            <p>(1) NEH’s decision whether to grant in whole, or deny any part of, the request to amend or correct the record;</p>
                                                                                                            <p>(2) The reasons for the determination for any portion of the request which is denied;</p>
                                                                                                            <p>(3) A statement that any denial may be appealed pursuant to the procedures set forth in § 1169.8; and</p>
                                                                                                            <p>(4) The name and address of the official to whom an individual may submit an appeal of denial.</p>
                                                                                                            <p>(f) NEH will forward requests to amend or correct a record governed by the regulations of another agency to such agency for processing, and inform the person who submitted such request in writing of its referral.</p>

<p><b>&#167;§ 1169.8 The appeals process.</b></p>
<p>(a) An individual whose request for access to, or correction or amendment of, a record is initially denied by NEH and who wishes to appeal that denial may do so by sending a letter within 90 days of receipt of the initial denial to the Chairperson.  If an appeal concerns records retrieved from the OIG’s Investigative Files, the OIG will act on the appeal and will carry out all responsibilities with respect to Privacy Act appeals otherwise assigned to the Chairperson under this section.</p>
<p>(b) The appeal letter must:</p>
                                                                                                                        <p>(1) Specify the records subject to the appeal;</p>
                                                                                                                        <p>(2) Include the information specified in § 1169.7(b);</p>
                                                                                                                        <p>(3) Include copies of the correspondence from NEH in which it initially denied the request for access, or for amendment or correction; and</p>
                                                                                                                        <p>(4) Explain why NEH’s denial of access, amendment or correction was erroneous.</p>
                                                                                                                        <p>(c) Appeals should be directed to the NEH Office of the General Counsel at the physical address or email address identified in § 1169.3.  The Office of the General Counsel will refer the appeal letter to the Chairperson (or his or his or her designee), or in the case of records retrieved from NEH’s OIG Investigative Files, will refer the appeal letter to the NEH OIG.</p>
                                                                                                                        <p>(d) The Chairperson will review the initial request for access to, or amendment or correction of, the record, NEH’s refusal, and any other pertinent material relating to the appeal.  NEH will not hold a hearing on the appeal.</p>
                                                                                                                        <p>(e) The Chairperson will render a final decision on the appeal within 30 business days of its receipt by NEH, unless the Chairperson, for good cause shown, extends the 30-day period.  Should the Chairperson extend the 30-day period, NEH will inform the requester of the extension and the circumstances of the delay.</p>
                                                                                                                        <p>(f) In conducting appeals under this provision, the Chairperson will be guided by the requirements of 5 U.S.C. 552a(e)(1) and (e)(5).</p>
                                                                                                                        <p>(g) NEH will notify a requester, in writing, when the Chairperson determines to grant an appeal in whole or in part, and will grant the requester access to his or her record, or correct or amend the record, in accordance with the Chairperson’s determination.</p>
                                                                                                                        <p>(h) When the Chairperson determines to deny an appeal, in whole or in part, NEH will notify the requester in writing of the following:</p>
                                                                                                                        <p>(1) The basis for the decision;</p>
                                                                                                                        <p>(2) That the requester may submit to NEH a concise statement setting forth the reasons for disagreeing with NEH’s decision.</p>
                                                                                                                        <p>(3) The procedures for filing such statement of disagreement.</p>
                                                                                                                        <p>(4) That, in a case where the Chairperson refuses a request to amend or correct a record, NEH will make such statements of disagreement available in subsequent disclosures of the record, together with a statement from NEH (if deemed appropriate) summarizing the agency’s refusal.</p>
                                                                                                                        <p>(5) The requester’s right to seek judicial review under 5 U.S.C. 552a(g)(1)(a).</p>

    <P>[84 FR 34789, July 19, 2019, as amended at 84 FR 59314, Nov. 4, 2019]</P> 
    <p>
        <b>
            &#167;
            § 1169.9 Fees charged to locate, review, or copy records.</b></p>
                                                                                                                                   
                                                                                                                                    <p>(a) NEH will not charge fees for the search or review of requested records, or the amendment or correction of records.</p>
                                                                                                                                    <p>(b) NEH will not charge fees for providing the first copy of a record or any portion of a record to whom the record pertains.  NEH will otherwise charge copying fees at the same rate, and using the same procedures, that NEH has established for FOIA requests.</p>

                         <p><b>&#167;§ 1169.10  NEH systems of records that are covered by exemptions under the Privacy Act..</b></p>
                                                                                                                                              
                                                                                                                                                <p>(a) Pursuant to and limited by 5 U.S.C. 552a(j)(2), the NEH system entitled "Office of the Inspector General Investigative Files" shall be exempted from the provisions of 5 U.S.C. 552a, except for subsections (b); (c)(1) and (2); (e)(4)(A) through (F); (e)(6), (7), (9), (10), and (11); and (i), insofar as that NEH system contains information pertaining to criminal law enforcement investigations.  NEH has implemented this exemption because application of these provisions of the Privacy Act might alert investigation subjects to the existence or scope of investigations; lead to suppression, alteration, fabrication, or destruction of evidence; disclose investigative techniques or procedures; reduce the cooperativeness or safety of witnesses; or otherwise impair investigations.</p>
                                                                                                                                                <p>(b) Pursuant to and limited by 5 U.S.C. 552a(k)(2), the NEH system entitled "Office of the Inspector General Investigative Files" shall be exempted from 5 U.S.C. 552a(c)(3); (d); (e)(1); (e)(4)(G), (H), and (I); and (f), insofar as that NEH system consists of investigatory material compiled for law enforcement purposes, other than material within the scope of the exemption at 5 U.S.C. 552a(j)(2).</p>
                                                                                                                                                <p>(c) Pursuant to and limited by 5 U.S.C. 552a(k)(5), the NEH system entitled "Grants and Cooperative Agreements: Electronic Grant Management System" shall be exempted from 5 U.S.C. 552a(c)(3); (d); (e)(1); (e)(4)(G), (H), and (I); and (f), insofar as that NEH system consists of materials which would reveal the identity of references for fellowship or grant applicants.</p>
                                                                                                                                                <p>(d) Records on applicants for employment at NEH are covered by the Office of Personnel Management government-wide system notice "Recruiting, Examining, and Placement Records."  These records are exempted as claimed in 5 CFR 297.501(b)(7).</p>
                                                                                                                                                <p>(e) Pursuant to 5 U.S.C. 552a(d)(5), nothing within these regulations shall allow an individual access to any information compiled in reasonable anticipation of a civil action or proceeding.</p>
                                                                                                                                                <p>(f) NEH may also assert exemptions for records received from another agency that could properly be claimed by that agency in responding to a request.</p>

<p><b>&#167;§ 1169.11 Penalties for obtaining an NEH record under false pretenses..</b></p>
<p>Under 5 U.S.C. 552a(i)(3), any person who knowingly and willfully requests or obtains any record from NEH concerning an individual under false pretenses shall be guilty of a misdemeanor and fined not more than $5,000.</p>
  
</regulationsPart>
</regulationsChapter>
</regulationsTitle>
</regulations>
</agency>
</pai>

