[Federal Register Volume 67, Number 181 (Wednesday, September 18, 2002)]
[Notices]
[Pages 58817-58819]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-23705]


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DEPARTMENT OF THE INTERIOR

Office of the Secretary


Privacy Act of 1974, as Amended; Amendment of an Existing System 
of Records

AGENCY: Department of the Interior.

ACTION: Proposed amendment of an existing system of records.

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SUMMARY: The Department of Interior (DOI) is issuing public notice of 
its intent to amend a Departmentwide Privacy Act (PA) system of records 
in its inventory of records systems subject to the Privacy Act of 1974 
(5 U.S.C. 552a). DOI-71, ``Freedom of Information Request Files 
System--Interior, is being amended due to the fact that the Department 
is consolidating data from systems (both paper and electronic) 
maintained by individual bureaus and offices within DOI into a 
centralized electronic database. The new electronic Freedom of 
Information Act tracking system (EFTS) will contain information on 
Freedom of Information Act (FOIA) and PA requesters and their requests 
for records or information, appeals, and related litigation. All of the 
fields in the PA system of records notice, DOI-71, have been revised. 
This includes changing the name of the system to ``DOI-71: Electronic 
FOIA Tracking System and FOIA Case Files--Interior,'' DOI-71.

EFFECTIVE DATE: 5 U.S.C. 552a(e)(11) requires that the public be 
provided a 30-day period in which to comment on the agency's intended 
use of the information in the system of records. The Office of 
Management and Budget, in its Circular A-130, requires an additional 
10-day period (for a total of 40 days) in which to make these comments. 
Any persons interested in commenting on this proposed amendment may do 
so by submitting comments in writing to the Departmental Privacy Act 
Officer, U.S. Department of the Interior, Office of the Chief 
Information Officer, Mail Stop (MS)-5312-Main Interior Building (MIB), 
1849 C Street NW., Washington, DC 20240, or by e-mail to [email protected]. Comments received within 40 days of publication in 
the Federal Register will be considered. The system will be effective 
as proposed at the end of the comment period unless comments are 
received which would require a contrary determination. The Department 
will publish a revised notice if changes are made based upon a review 
of comments received.

FOR FURTHER INFORMATION CONTACT: Alexandra Mallus, Office of the Chief 
Information Officer, Office of the Secretary, by phone at 202-208-5342, 
by email at [email protected] or by

[[Page 58818]]

mail at MS-5312-MIB, 1849 C. St. NW., Washington, DC 20240.

SUPPLEMENTARY INFORMATION: SUPPLEMENTARY INFORMATION AND PURPOSE: The 
Interior EFTS will contain information on individuals for the purposes 
of managing and processing FOIA and PA requests. This system will: (1) 
Enable the Department to administer the program more efficiently while 
ensuring requests are responded to in a more timely fashion; (2) 
support action on FOIA requests, appeals, and litigation; (3) ensure 
documents are released in a more consistent manner; (4) assist in 
eliminating the duplication of effort that currently exists; (5) gather 
information for management and reporting purposes, improving the 
Department's reporting capability and providing for more efficient use 
of manpower; and (6) improve customer service.
    A copy of the system notice for DOI-71, Electronic FOIA Tracking 
System and FOIA Case Files--Interior, follows:

    Dated: September 13, 2002.
Marilyn A. Legnini,
Privacy Act Officer, Department of Interior.
INTERIOR/DOI-71

System name:
    Electronic FOIA Tracking System and FOIA Case Files--Interior, DOI-
71.

Security classification:
    Not classified.

System location:
    (1) The electronic Freedom of Information Act tracking system 
(EFTS) database data and the application for the EFTS are maintained on 
hardware by the National Business Center (NBC), U.S. Department of the 
Interior (DOI), Washington, DC 20240.
    (2) Records in this system (paper or electronic) are located in the 
offices of Bureau and Office Freedom of Information Act (FOIA) Officers 
and Coordinators. (For a list of DOI addresses, see the Appendix or 
DOI's FOIA web site at http://www.doi.gov/foia/contacts.html.)

Categories of individuals covered by the system:
    Individuals or their representatives who have submitted FOIA/
Privacy Act (PA) requests for records or information and administrative 
appeals, or have litigation pending with DOI or another Federal agency; 
individuals whose requests or records have been referred to the 
Department by other agencies; individuals who are the subject of such 
requests, appeals, and litigation; and/or the DOI personnel assigned to 
handle such requests, appeals, and litigation.

Categories of records in the system:
    This system consists of records created or compiled in response to 
FOIA or PA requests for records or information, administrative appeals, 
and related litigation and includes: the original requests and 
administrative appeals; responses to such requests and appeals; all 
related memoranda, correspondence, notes, and other related or 
supported documentation, and in some instances copies of requested 
records and records under appeal.

Authority for maintenance of the system:
    5 U.S.C. 552 and 5 U.S.C. 552a.

Routine uses of records maintained in the system including categories 
of users and the purposes of such uses:
    The primary purpose of the EFTS and FOIA case files, which are 
maintained both electronically and in paper format, is to more 
efficiently manage DOI's FOIA program. This system:
    (1) Enables the Department to administer the program more 
efficiently while ensuring requests are responded to in a more timely 
fashion;
    (2) Supports action on FOIA requests, appeals, and litigation;
    (3) Ensures documents are released in a more consistent manner;
    (4) Assists in eliminating the duplication of effort that currently 
exists;
    (5) Gathers information for management and reporting purposes, 
improving the Department's reporting capability and providing for more 
efficient use of manpower; and
    (6) Improves customer service.
    Disclosures outside the DOI may be made:
    (1) To an expert, consultant, or contractor (including employees of 
the contractor) of the Department that performs, on the Department's 
behalf, services requiring access to these records.
    (2) To other Federal, State, and local agencies having a subject 
matter interest in a request or an appeal or a decision thereon.
    (3) To another Federal agency to assist that agency in responding 
to an inquiry by the individual to whom that record pertains.
    (4)(a) To any of the following entities or individuals:
    (i) The Department of Justice (DOJ);
    (ii) A court, adjudicative or other administrative body;
    (iii) A party in litigation before a court or adjudicative or 
administrative body;
    (iv) The Department or any component of the Department;
    (v) Any Department employee acting in his or her official capacity; 
or
    (vi) Any Departmental employee acting in his or her individual 
capacity if the Department or the DOJ has agreed to represent that 
employee or pay for private representation of the employee;
    (b) When
    (i) One of the following is a party to the proceeding or has an 
interest in the proceeding:
    (A) The Department or any component of the Department;
    (B) Any Department employee acting in his or her official capacity;
    (C) Any Departmental employee acting in his or her individual 
capacity if the Department or the DOJ has agreed to represent that 
employee or pay for private representation of the employee;
    (D) the United States, when the DOJ determines that the Department 
is likely to be affected by the proceeding; and
    (ii) The Department deems the disclosure to be:
    (A) relevant and necessary to the proceeding; and
    (B) Compatible with the purposes for which the records were 
compiled.
    (5) To appropriate Federal, State, local or foreign agencies 
responsible for investigating or prosecuting the violation of or for 
enforcing or implementing a statute, rule, regulation, order or 
license, when the Department becomes aware of a violation or potential 
violation of a statute, rule, regulation, order or license.
    (6) To a congressional office in response to an inquiry an 
individual covered by the system has made to the congressional office 
about him or herself.
    (7) To a debt collection agency for the purpose of collecting 
outstanding debts owed to the Department for fees associated with 
processing FOIA/PA requests.
    (8) To an official of another Federal agency to provide information 
needed in the performance of official duties related to reconciling or 
reconstructing data files, in support of the functions for which the 
records were collected and maintained.

Disclosure to consumer reporting agencies:
    Pursuant to 5 U.S.C. 552a(b)12, records can be disclosed to 
consumer reporting agencies as they are 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)).

Policies and practices for storing, retrieving, accessing, retaining, 
and disposing of records in the system:
Storage:
    Records are stored in electronic media and in paper files.

[[Page 58819]]

Retrievability:
    Information can be retrieved by specific data elements in the 
system including: the FOIA number; the name of the requester and/or 
his/her organizational affiliation; subject; etc. Paper records are 
normally retrieved by case number or by the name of the person making 
the request.

Safeguards:
    Access to records in the system is limited to authorized personnel 
whose official duties require such access. Paper records are maintained 
in locked metal file cabinets and/or in secured rooms. Electronic 
records are maintained in accordance with the Office of Management and 
Budget and Departmental guidelines reflecting the implementation of the 
Computer Security Act of 1987 (40 U.S.C. 759). Electronic data is 
protected through user identification, passwords, database permissions 
and software controls. Such security measures establish different 
access levels for different types of users.

Retention and disposal:
    Records in this system are covered by General Records Schedules 14 
and 20. Bureaus and offices also follow guidance on permanent and 
temporary records disposition issued by the National Archives and 
Records Administration.

System manager(s) and addresses:
    (1) The Departmental FOIA Officer, Office of the Chief Information 
Officer, U.S. Department of the Interior, 1849 C Street, NW., MS-5312 
MIB, Washington, DC 20240 has overall responsibility for the policies 
and procedures used to operate the system.
    (2) DOI FOIA Officers and Coordinators in headquarters and in field 
offices have responsibility for the data input into and maintained on 
the EFTS for their respective organizations along with any paper 
records. To obtain a current list of the FOIA Officers and Coordinators 
and their addresses, see http://www.doi.gov/foia/contacts.html or the 
Appendix.

Notification procedures:
    Inquiries regarding the existence of records in the EFTS or 
inquiries regarding the existence of paper records should be sent to 
the FOIA Officer or Coordinator of the Bureau or Office that maintains 
the FOIA records (see http://www.doi.gov/foia/contacts.html or the 
Appendix). All inquiries must be in writing, signed by the requester, 
and meet the criteria of 43 CFR 2.60.

Record access procedures:
    To request access to records, follow the procedures in the 
``Notification procedures'' section, above. The request must meet the 
requirements of 43 CFR 2.63. The request envelope and letter should be 
clearly marked either ``FREEDOM OF INFORMATION ACT REQUEST FOR ACCESS'' 
or ``PRIVACY ACT REQUEST FOR ACCESS.''

Contesting record procedures:
    To request an amendment of a record, follow the procedures in the 
``Notification procedures'' section, above. The request must meet the 
requirements of 43 CFR 2.71.

Record Source Categories:
    Information gathered in this system is submitted by individuals, 
agencies, or corporate entities filing FOIA/PA requests and agency 
employees processing these requests. Information also is taken from the 
following PA system of records: Freedom of Information Act Appeal 
Files--Interior, DOI-69; and Privacy Act Files--Interior, DOI-57.

Exemptions claimed for the system:
    None.
[FR Doc. 02-23705 Filed 9-17-02; 8:45 am]
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