[Federal Register Volume 83, Number 135 (Friday, July 13, 2018)]
[Notices]
[Pages 32678-32681]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-15010]
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DEPARTMENT OF THE INTERIOR
Office of the Secretary
[DOI-2018-0003;DS62200000, DWSN00000.000000, DP.62206, 18XD4523WS]
Privacy Act of 1974; System of Records
AGENCY: Office of the Secretary, Interior.
ACTION: Notice of a modified system of records.
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SUMMARY: Pursuant to the provisions of the Privacy Act of 1974, as
amended, the Department of the Interior is issuing a public notice of
its intent to modify the Department of the Interior Privacy Act system
of records, DOI-12, Donations Program Files, to update section titles,
add a purpose section, reorganize the sections of the system notice
into the government-wide approved format, add new proposed routine
uses, and update content in applicable sections of the notice. Updated
sections include, system location, system manager, categories of
individuals, categories of records, authorities, routine uses, storage,
retrieval, retention and disposal, safeguards, notification procedures,
and record access and contesting record procedures sections.
DATES: This modified system will be effective upon publication. New or
modified routine uses will be effective August 13, 2018. Submit
comments on or before August 13, 2018.
ADDRESSES: You may submit comments, identified by docket number DOI-
2018-0003, by any of the following methods:
Federal e-Rulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
Mail: Teri Barnett, Departmental Privacy Officer, U.S.
Department of the Interior, 1849 C Street NW, Room 7112, Washington, DC
20240.
Hand-delivering comments to Teri Barnett, Departmental
Privacy Officer, U.S. Department of the Interior, 1849 C Street NW,
Room 7112, Washington, DC 20240.
Email: [email protected].
All submissions received must include the agency name and docket
number. All comments received will be posted without change to http://www.regulations.gov, including any personal information provided.
FOR FURTHER INFORMATION CONTACT: Paul Batlan, Financial Analyst,
Conservation Partnerships, Office of Financial Management, U.S.
Department of the Interior, 1849 C Street NW, Mail Stop 5530 MIB,
Washington, DC 20240; email at [email protected] or by telephone
at 202-208-4826.
SUPPLEMENTARY INFORMATION:
I. Background
The Department of the Interior (DOI) Office of Financial Management
maintains the DOI-12, Donations Program Files, system of records. This
system assists DOI in managing the Donations Program and facilitating
the evaluation, acceptance, and solicitation of donations of money,
real property, personal property, services, or other gifts by members
of the public and organizations to the Department of the Interior and
its officials.
DOI is publishing this revised notice to make administrative
updates to the following sections: System location; system manager;
authorities; categories of individuals; categories of records; storage;
retrieval; retention and disposal; safeguards; and the procedures on
record access, contesting record and notification. This revised notice
is organized to reflect the government-wide format established by the
Office of Management and Budget (OMB), which includes new sections on
the purpose and history of the system of records. Additionally, DOI is
proposing to modify routine use ``A'' to clarify authorized disclosures
to the Department of Justice; modify routine
[[Page 32679]]
use ``J'' and add new routine use ``K'' to permit sharing of
information with appropriate Federal agencies or entities when
reasonably necessary to assist in efforts to respond to a breach of
personally identifiable information and to prevent, minimize, or remedy
the risk of harm to individuals or the Federal Government in accordance
with OMB policy; and modify routine use ``N'' to further clarify
authorized disclosures to the news media and the public. DOI last
published the Donations Program Files system of records notice in the
Federal Register at 77 FR 66628 (November 6, 2012).
II. Privacy Act
The Privacy Act of 1974, as amended, embodies fair information
practice principles in a statutory framework governing the means by
which Federal agencies collect, maintain, use, and disseminate
individuals' personal information. The Privacy Act applies to records
about individuals that are maintained in a ``system of records.'' A
``system of records'' is a group of any records under the control of an
agency for which information is retrieved by the name of an individual
or by some identifying number, symbol, or other identifying particular
assigned to the individual. The Privacy Act defines an individual as a
United States citizen or lawful permanent resident. Individuals may
request access to their own records that are maintained in a system of
records in the possession or under the control of DOI by complying with
DOI Privacy Act regulations at 43 CFR part 2, subpart K, and following
the procedures outlined in the Records Access, Contesting Record, and
Notification Procedures sections of this notice.
The Privacy Act requires each agency to publish in the Federal
Register a description denoting the existence and character of each
system of records that the agency maintains and the routine uses of
each system. The revised Donations Program Files system of records
notice is published in its entirety below. In accordance with 5 U.S.C.
552a(r), DOI has provided a report of this system of records to the
Office of Management and Budget and to Congress.
III. Public Participation
You should be aware your entire comment including your personal
identifying information, such as your address, phone number, email
address, or any other personal identifying information in your comment,
may be made publicly available at any time. While you may request to
withhold your personal identifying information from public review, we
cannot guarantee we will be able to do so.
Teri Barnett,
Departmental Privacy Officer.
SYSTEM NAME AND NUMBER
INTERIOR/DOI-12, Donations Program Files.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Records in this system are maintained by the Office of Financial
Management, U.S. Department of the Interior, 1849 C Street NW, Mail
Stop 5530 MIB, Washington, DC 20240; and Bureaus and Offices that
manage Donations Programs.
SYSTEM MANAGER(S):
Director and Senior Manager for Donations, Office of Financial
Management, U.S. Department of the Interior, 1849 C Street NW, Mail
Stop 5530 MIB, Washington, DC 20240. A list of bureau and office level
senior managers may be obtained by contacting the Office of Financial
Management at 202-208-4826.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
5 U.S.C. 301, Departmental Regulations; 43 U.S.C. 1737, Federal
Land Policy and Management Act, Implementation provisions; 54 U.S.C.
101101, Authority to accept land, rights-of-way, buildings, other
property, and money; 43 U.S.C. 36c, Acceptance of contributions from
public and private sources; cooperation with other agencies in
prosecution of projects; 16 U.S.C. 742f, Powers of Secretaries of the
Interior and Commerce.
PURPOSE(S) OF THE SYSTEM:
The purpose of this system is to assist the Department of the
Interior (DOI) in managing the Donations Program and facilitating the
evaluation, acceptance, and solicitation of donations of money, real
property, personal property, services, or other gifts by members of the
public and organizations.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Individuals who donate money, real property, personal property,
services, or other gifts to the DOI and its officials, prospective
donors, and other individuals who contact or correspond with the DOI
officials on matters related to the Donations Program. This system may
also include information on current and former Federal government
employees, contractors, and volunteers who support or are involved in
the management of the Donations Program. This system contains records
concerning corporations and other business entities, which are not
subject to the Privacy Act. However, records pertaining to individuals
acting on behalf of corporations and other business entities may
reflect personal information that may be maintained in the Donations
Program system of records.
CATEGORIES OF RECORDS IN THE SYSTEM:
This system contains information provided by individuals or
organizations who propose to donate money, real property, personal
property, services, or other gifts to the DOI or its officials, and may
include names; home or work addresses; phone numbers; email addresses;
other contact information; financial data such as the amount of the
donation and method of remittance; biographical information;
descriptions or other information regarding type of donations made; and
miscellaneous information about gifts donated in the past. This system
also contains background data and affiliations related to eligibility
determinations for proposed donations; correspondence or other data
related to the acceptance of proposed donations; and correspondence and
data related to the management of the Donations Program.
RECORD SOURCE CATEGORIES:
Records in the system are obtained from individual members of the
public, organizations, DOI officials, employees, contractors,
volunteers, and may be obtained from other Federal officials, state,
territorial and local government officials, and non-governmental
organizations, in the course of daily business activities and
communications related to the management of the Donations Program.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
In addition to those disclosures generally permitted under 5 U.S.C.
552a(b) of the Privacy Act, all or a portion of the records or
information maintained in this system may be disclosed to authorized
entities outside DOI for purposes determined to be relevant and
necessary as a routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:
A. To the Department of Justice (DOJ), including Offices of the
U.S. Attorneys, or other Federal agency conducting litigation, or in
proceedings before any court, adjudicative, or administrative
[[Page 32680]]
body, when it is relevant or necessary to the litigation and one of the
following is a party to the litigation or has an interest in such
litigation:
(1) DOI or any component of DOI;
(2) Any other Federal agency appearing before the Office of
Hearings and Appeals;
(3) Any DOI employee or former employee acting in his or her
official capacity;
(4) Any DOI employee or former employee acting in his or her
individual capacity when DOI or DOJ has agreed to represent that
employee or pay for private representation of the employee; or
(5) The United States Government or any agency thereof, when DOJ
determines that DOI is likely to be affected by the proceeding.
B. To a congressional office in response to a written inquiry that
an individual covered by the system, or the heir of such individual if
the covered individual is deceased, has made to the office.
C. To the Executive Office of the President in response to an
inquiry from that office made at the request of the subject of a record
or a third party on that person's behalf, or for a purpose compatible
with the reason for which the records are collected or maintained.
D. To any criminal, civil, or regulatory law enforcement authority
(whether Federal, state, territorial, local, tribal or foreign) when a
record, either alone or in conjunction with other information,
indicates a violation or potential violation of law--criminal, civil,
or regulatory in nature, and the disclosure is compatible with the
purpose for which the records were compiled.
E. To an official of another Federal agency to provide information
needed in the performance of official duties related to reconciling or
reconstructing data files or to enable that agency to respond to an
inquiry by the individual to whom the record pertains.
F. To Federal, state, territorial, local, tribal, or foreign
agencies that have requested information relevant or necessary to the
hiring, firing or retention of an employee or contractor, or the
issuance of a security clearance, license, contract, grant or other
benefit, when the disclosure is compatible with the purpose for which
the records were compiled.
G. To representatives of the National Archives and Records
Administration (NARA) to conduct records management inspections under
the authority of 44 U.S.C. 2904 and 2906.
H. To state, territorial and local governments and tribal
organizations to provide information needed in response to court order
and/or discovery purposes related to litigation, when the disclosure is
compatible with the purpose for which the records were compiled.
I. To an expert, consultant, or contractor (including employees of
the contractor) of DOI that performs services requiring access to these
records on DOI's behalf to carry out the purposes of the system.
J. To appropriate agencies, entities, and persons when:
(1) DOI suspects or has confirmed that there has been a breach of
the system of
records;
(2) DOI has determined that as a result of the suspected or
confirmed breach there is a risk of harm to individuals, DOI (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 DOI's efforts to
respond to the suspected or confirmed breach or to prevent, minimize,
or remedy such harm.
K. To another Federal agency or Federal entity, when DOI determines
that information from this 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.
L. To the Office of Management and Budget (OMB) during the
coordination and clearance process in connection with legislative
affairs as mandated by OMB Circular A-19.
M. To the Department of the Treasury to recover debts owed to the
United States.
N. To the news media and the public, with the approval of the
Public Affairs Officer in consultation with counsel and the Senior
Agency Official for Privacy, when a matter has become public knowledge;
when it is necessary to preserve the confidence in the integrity of DOI
or is necessary to demonstrate the accountability of its officers,
employees, or individuals covered in the system; or where there exists
a legitimate public interest in the disclosure of the information, such
as circumstances where providing information supports a legitimate law
enforcement or public safety function, or protects the public from
imminent threat of life or property; 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.
O. To an official of another Federal, state, territorial, local,
tribal, or foreign agency to provide information needed in the
performance of official duties related to the verification,
authorization, or processing of money, real property, personal
property, services, or other gift donations by individuals or
organizations, or any issue otherwise related to the purpose for which
the records were compiled.
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
Records are maintained in both paper and electronic form. Paper
records are maintained in file folders stored in file cabinets.
Electronic records are maintained as files in computers, computer
databases, email, and on encrypted removable drives and agency servers.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Information within this system may be retrieved by the DOI office
or bureau receiving the donation, the benefitting program or activity,
nature of the gift, size of the donation, the identity of the donor by
individual or organization name, and may also be retrieved by keyword
search.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
Records are maintained under Departmental Records Schedule (DRS)-
3.1.0001, Program Monitoring and Policy Development (DAA-0048-2013-
0008-0001), which has been approved by the National Archives and
Records Administration (NARA). DRS-3.1.0001 is a Department-wide
records schedule that covers records involved in the regular monitoring
and oversight of Federal programs. The disposition for these records is
temporary. These records will be destroyed five years after cut-off,
which is at the end of the fiscal year in which the final document is
superseded or obsolete, or upon determination that a final document
will not be produced. Records not used to support the program are cut
off at the end of the fiscal year when the document was created as
these records support the creation of permanent policy records that are
not authorized for destruction and must be transferred to the National
Archives in accordance with other records retention schedules. Paper
records are disposed of by shredding or pulping, and records
[[Page 32681]]
contained on electronic media are degaussed or erased in accordance
with 384 Departmental Manual 1 and NARA guidelines.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
The records contained in this system are safeguarded in accordance
with 43 CFR 2.226 and other applicable security and privacy rules and
policies. During normal hours of operation, paper records are
maintained in locked file cabinets under the control of authorized
personnel. Electronic records are safeguarded by permissions set to
``Authenticated Users'' which require password login. Computer servers
on which electronic records are stored are located in secured DOI
controlled facilities with physical, technical and administrative
levels of security to prevent unauthorized access to the DOI network
and information assets. The computer servers in which electronic
records are stored are located in DOI facilities that are secured by
security guards, alarm systems and off-master key access. Access to
servers containing records in this system is limited to DOI personnel
and other authorized parties who have a need to know the information
for the performance of their official duties. Data exchanged between
the servers and the system is encrypted. Backup tapes are encrypted and
stored in a locked and controlled room in a secure, off-site location.
Computerized records systems follow the National Institute of
Standards and Technology privacy and security standards as developed to
comply with the Privacy Act of 1974, 5 U.S.C. 552a; Paperwork Reduction
Act of 1995, 44 U.S.C. 3501-3521; Federal Information Security
Modernization Act of 2014, 44 U.S.C. 3551-3558; and the Federal
Information Processing Standards 199: Standards for Security
Categorization of Federal Information and Information Systems. Security
controls include user identification, passwords, database permissions,
encryption, firewalls, audit logs, and network system security
monitoring, and software controls. Access to records in the system is
limited to authorized personnel who have a need to access the records
in the performance of their official duties, and each user's access is
restricted to only the functions and data necessary to perform that
person's job responsibilities. System administrators and authorized
users are trained and required to follow established internal security
protocols and must complete all security, privacy, and records
management training and sign the DOI Rules of Behavior.
RECORD ACCESS PROCEDURES:
An individual requesting records on himself or herself should send
a signed, written inquiry to the applicable System Manager identified
above. The request must include the specific bureau or office that
maintains the record to facilitate location of the applicable records.
The request envelope and letter should both be clearly marked ``PRIVACY
ACT REQUEST FOR ACCESS.'' A request for access must meet the
requirements of 43 CFR 2.238.
CONTESTING RECORD PROCEDURES:
An individual requesting corrections or the removal of material
from his or her records should send a signed, written request to the
applicable System Manager as identified above. The request must include
the specific bureau or office that maintains the record to facilitate
location of the applicable records. A request for corrections or
removal must meet the requirements of 43 CFR 2.246.
NOTIFICATION PROCEDURES:
An individual requesting notification of the existence of records
on himself or herself should send a signed, written inquiry to the
applicable System Manager as identified above. The request must include
the specific bureau or office that maintains the record to facilitate
location of the applicable records. The request envelope and letter
should both be clearly marked ``PRIVACY ACT INQUIRY.'' A request for
notification must meet the requirements of 43 CFR 2.235.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
77 FR 66628 (November 6, 2012).
[FR Doc. 2018-15010 Filed 7-12-18; 8:45 am]
BILLING CODE 4334-63-P