Privacy Act Files – Interior, DOI-57

Federal Register / Vol. 81, No. 135 / Thursday, July 14, 2016 / Notices
SYSTEM MANAGER AND ADDRESS:

U.S. Immigration and Customs
Enforcement, Homeland Security
Investigations Forensic Laboratory, Unit
Chief, 8000 West Park Drive, McLean,
VA 22102–3105.

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NOTIFICATION PROCEDURE:

The Secretary of Homeland Security
has exempted this system from the
notification, access, and amendment
procedures of the Privacy Act because it
is a law enforcement system. However,
DHS/ICE will consider individual
requests to determine whether or not
information may be released. Thus,
individuals seeking notification of, and
access to, any record contained in this
system of records, or seeking to contest
its content, may submit a request in
writing to ICE’s Freedom of Information
Act (FOIA) Officer, whose contact
information can be found at http://
www.dhs.gov/foia under ‘‘Contacts.’’ If
an individual believes more than one
component maintains Privacy Act
records concerning him or her, the
individual may submit the request to
the Chief Privacy Officer and Chief
Freedom of Information Act Officer,
Department of Homeland Security, 245
Murray Drive SW., Building 410, STOP–
0655, Washington, DC 20528.
When seeking records about yourself
from this system of records or any other
Departmental system of records, your
request must conform with the Privacy
Act regulations set forth in 6 CFR part
5. You must first verify your identity,
meaning that you must provide your full
name, current address, as well as your
date and place of birth. You must sign
your request, and your signature must
either be notarized or submitted under
28 U.S.C. 1746, a law that permits
statements to be made under penalty of
perjury as a substitute for notarization.
While no specific form is required, you
may obtain forms for this purpose from
the Chief Privacy Officer and Chief
Freedom of Information Act Officer,
http://www.dhs.gov/foia or 1–866–431–
0486. In addition, you should:
• Explain why you believe the
Department would have information on
you;
• Identify which component(s) of the
Department you believe may have the
information about you;
• Specify when you believe the
records would have been created; and
• Provide any other information that
will help the FOIA staff determine
which DHS component agency may
have responsive records.
If your request is seeking records
pertaining to another living individual,
you must include a statement from that

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individual certifying his/her agreement
for you to access his/her records.
Without the above information, the
component(s) may not be able to
conduct an effective search, and your
request may be denied due to a lack of
specificity or a lack of compliance with
applicable regulations.
RECORD ACCESS PROCEDURES:

See ‘‘Notification procedure’’ above.
CONTESTING RECORD PROCEDURES:

See ‘‘Notification procedure’’ above.
RECORD SOURCE CATEGORIES:

Records in the system are supplied by
several sources. In general, ICE obtains
information from federal, state, local,
tribal, or foreign governments. More
specifically, DHS/ICE–014 records are
derived from the following sources: (a)
Other federal, state, local, tribal, or
foreign governments and government
information systems; and (b) evidence,
contraband, and other seized material.
EXEMPTIONS CLAIMED FOR THE SYSTEM:

The Secretary of Homeland Security,
pursuant to 5 U.S.C. 552a(j)(2), has
exempted this system from the
following provisions of the Privacy Act
5 U.S.C. 552a(c)(3), (c)(4); (d); (e)(1),
(e)(2), (e)(3), (e)(4)(G), (e)(4)(H), (e)(4)(I),
(e)(5), (e)(8); (f); and (g). Additionally,
the Secretary of Homeland Security,
pursuant to 5 U.S.C. 552a(k)(2), has
exempted this system from the
following provisions of the Privacy Act:
5 U.S.C. 552a(c)(3); (d); (e)(1), (e)(4)(G),
(e)(4)(H), (e)(4)(I); and (f). When a record
received from another system has been
exempted in that source system under 5
U.S.C. 552a(j)(2), DHS will claim the
same exemptions for those records that
are claimed for the original primary
systems of records from which they
originated and claims any additional
exemptions in accordance with this
rule.
Dated: June 23, 2016.
Karen L. Neuman
Chief Privacy Officer, Department of
Homeland Security.
[FR Doc. 2016–16587 Filed 7–13–16; 8:45 am]
BILLING CODE 9111–28–P

DEPARTMENT OF THE INTERIOR
Office of the Secretary
[16XD4523WS DWSNN0000.XD0000
DS67010000 DP67012]

Privacy Act of 1974, as Amended;
Notice To Amend an Existing System
of Records
AGENCY:

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Office of the Secretary, Interior.

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Notice of amendment to an
existing system of records.

ACTION:

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 amend the
Department of the Interior Privacy Act
system of records, ‘‘Privacy Act Files—
Interior, DOI–57’’, to add new routine
uses, and update existing routine uses,
system location, categories of
individuals covered by the system,
categories of records in the system,
authority for maintenance of the system,
storage, safeguards, retention and
disposal, system manager and address,
notification procedures, records access
and contesting procedures, records
source categories, and exemption
sections.
DATES: Comments must be received by
August 15, 2016. This amended system
will be effective August 15, 2016.
ADDRESSES: Any person interested in
commenting on this amendment may do
so by: Submitting comments in writing
to Teri Barnett, Departmental Privacy
Officer, U.S. Department of the Interior,
1849 C Street NW., Mail Stop 5545 MIB,
Washington, DC 20240; hand-delivering
comments to Teri Barnett, Departmental
Privacy Officer, U.S. Department of the
Interior, 1849 C Street NW., Mail Stop
5545 MIB, Washington, DC 20240; or
emailing comments to Privacy@
ios.doi.gov.
FOR FURTHER INFORMATION CONTACT:
Departmental Privacy Officer, U.S.
Department of the Interior, 1849 C Street
NW., Mail Stop 5547 MIB, Washington,
DC 20240; or by telephone at 202–208–
1605.
SUPPLEMENTARY INFORMATION:
SUMMARY:

I. Background
The Department of the Interior (DOI)
maintains the ‘‘Privacy Act Files—
Interior, DOI–57’’ system of records.
This system enables DOI to efficiently
manage Privacy Act Program activities;
supports the processing and tracking of
notification, record access and
amendment requests, and
administrative appeals under the
Privacy Act; conduct and manage
complaints; supports agency
participation in litigation arising from
such requests, complaints, and appeals;
and carry out any other responsibilities
under the provisions of the Privacy Act.
DOI is publishing this amended notice
to reflect updated information in the
system location, categories of
individuals covered by the system,
categories of records in the system,
authority for maintenance of the system,
storage, safeguards, retention and

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disposal, system manager and address,
notification procedures, records access
and contesting procedures, records
source categories, and exemption
sections.
Additionally, DOI is modifying
existing routine uses to reflect updates
consistent with standard DOI routine
uses, and adding new routine uses to
permit sharing of information with: (1)
The Office of Management and Budget
(OMB) in relation to legislative affairs
mandates by OMB Circular A–19; (2) the
Department of the Treasury to recover
debts owed to the United States; (3) the
National Archives and Records
Administration (NARA) to conduct
records management inspections; (4)
NARA, Office of Government
Information Services (OGIS) to assist
and facilitate the resolution of disputes,
to the extent such a dispute involves a
combined Freedom of Information Act
and Privacy Act request for agency
records; (5) Federal, state, territorial,
local, tribal, or foreign agencies when
there is an indication of a violation of
law; (6) Federal, state, territorial, local,
tribal, or foreign agencies when relevant
for hiring and retention, or issuance of
security clearance, license, contract,
grant or benefit; (7) appropriate
government agencies and organizations
to provide information in response to
court orders or for discovery purposes
related to litigation; (8) an expert,
consultant, or contractor that performs
services on DOI’s behalf to carry out the
purposes of the system; (9) another
Federal agency to assist that agency in
responding to an inquiry by the
individual to whom that record
pertains; and (10) the news media and
the public, with approval by the Public
Affairs Officer and Senior Agency
Official for Privacy in consultation with
Counsel.
The Privacy Act records in this
system may also be maintained in other
DOI systems of records, ‘‘Electronic
FOIA Tracking System and FOIA Case
Files—Interior, DOI–71’’ (67 FR 58817)
for combined FOIA and Privacy Act
requests, and ‘‘Freedom of Information
Act Appeals Files—Interior, OS–69’’ (64
FR 16986) for appeals filed on Privacy
Act requests or combined FOIA and
Privacy Act requests. DOI last published
a system notice in the Federal Register
on March 24, 1999 (64 FR 14258) and
published an amended notice on
February 13, 2008 (73 FR 8342).
The amendments to the system will
be effective as proposed at the end of
the comment period (the comment
period will end 30 days after the
publication of this notice in the Federal
Register), unless comments are received
which would require a contrary

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determination. DOI will publish a
revised notice if changes are made based
upon a review of the comments
received.
II. Privacy Act

III. Public Disclosure
Before including your address, phone
number, email address, or other
personal identifying information in your
comment, you should be aware that
your entire comment, including your
personal identifying information, may
be made publicly available at any time.
While you can ask us in your comment
to withhold your personal identifying
information from public review, we
cannot guarantee that we will be able to
do so.

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SYSTEM NAME:

Privacy Act Files, DOI–57.

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. As a matter
of policy, DOI extends administrative
Privacy Act protections to all
individuals. 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.
The Privacy Act requires each agency
to publish in the Federal Register a
description denoting the type and
character of each system of records that
the agency maintains, the routine uses
of each system to make agency
recordkeeping practices transparent, to
notify individuals regarding the uses of
their records, and to assist individuals
to more easily find such records within
the agency. The amended ‘‘Privacy Act
Files—Interior, DOI–57’’ 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.

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Dated: July 8, 2016.
Teri Barnett,
Departmental Privacy Officer.

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SECURITY CLASSIFICATION:

Unclassified.
SYSTEM LOCATION:

This system is maintained by the
Departmental Privacy Office, Office of
the Chief Information Officer, U.S.
Department of the Interior, 1849 C Street
NW., Mail Stop 5545 MIB, Washington,
DC 20240; other Department of the
Interior Office of the Secretary program
offices that maintain or process Privacy
Act requests, complaints, or appeals;
and Department of the Interior bureaus
and offices responsible for managing
Privacy Act programs and maintaining
records about Privacy Act requests,
complaints, or appeals. Visit the
Department of the Interior Privacy
Program Web site for a list of the
Department’s Privacy contacts: https://
www.doi.gov/privacy/contacts.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:

Individuals or their representatives
who have submitted Privacy Act
requests for notification of the existence
of, access to, and petitions for
amendment of records; individuals or
their representatives who have filed a
Privacy Act complaint; individuals or
their representatives who have filed
Privacy Act appeals; individuals who
are the subject of such requests,
complaints, or appeals; officials who
may be involved in any Privacy Act
request, complaint, or appeal; and DOI
personnel assigned to handle such
requests, complaints, or appeals.
CATEGORIES OF RECORDS IN THE SYSTEM:

This system consists of records
created or compiled in response to
Privacy Act requests, complaints, and
appeals; records relating to accounting
of disclosures pursuant to the
requirements of the Privacy Act; and
records relating to general agency
implementation of the Privacy Act.
These records may include the original
requests, complaints, or appeals;
responses to such requests, complaints,
or appeals; related memoranda, email,
correspondence, notes, accounting of
disclosure forms, reports, notices, and
other related or supported
documentation; and copies of requested
records, contested records, and records
under appeal. These records may
contain the following information:
Names, Social Security numbers, dates

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of birth, home and work addresses,
email addresses, telephone numbers, fax
numbers, other contact information,
driver license numbers, tribal
identification numbers, other tribal
enrollment data, unique case identifiers,
and any other information that is
contained in the record that is
requested, contested, or is part of the
record under appeal.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

5 U.S.C. 552a, The Privacy Act of
1974, as amended.

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ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:

The primary purpose of the Privacy
Act Files system of records is to enable
DOI to efficiently manage Privacy Act
activities. This system supports the
processing of notification, record access
and amendment requests, complaints,
and administrative appeals under the
Privacy Act; supports agency
participation in litigation arising from
such requests, complaints, and appeals;
and assists DOI in carrying out any
other responsibilities under the
provisions of the Privacy Act.
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
contained in this system may be
disclosed outside DOI as a routine use
pursuant to 5 U.S.C. 552a(b)(3) as
follows:
(1) (a) To any of the following entities
or individuals, when the circumstances
set forth in paragraph (b) are met:
(i) The U.S. Department of Justice
(DOJ);
(ii) A court or an adjudicative or other
administrative body;
(iii) A party in litigation before a court
or an adjudicative or other
administrative body; or
(iv) Any DOI employee acting in his
or her individual capacity if DOI or 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) DOI or any component of DOI;
(B) Any other Federal agency
appearing before the Office of Hearings
and Appeals;
(C) Any DOI employee acting in his or
her official capacity;
(D) Any DOI employee acting in his
or her individual capacity if DOI or DOJ
has agreed to represent that employee or
pay for private representation of the
employee;

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(E) The United States, when DOJ
determines that DOI is likely to be
affected by the proceeding; and
(ii) DOI deems the disclosure to be:
(A) Relevant and necessary to the
proceeding; and
(B) Compatible with the purpose for
which the records were compiled.
(2) 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.
(3) 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.
(4) 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.
(5) 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.
(6) 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.
(7) 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.
(8) 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.
(9) To appropriate agencies, entities,
and persons when:
(a) It is suspected or confirmed that
the security or confidentiality of
information in the system of records has
been compromised; and
(b) DOI has determined that as a result
of the suspected or confirmed

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compromise there is a risk of harm to
economic or property interest, identity
theft or fraud, or harm to the security or
integrity of this system or other systems
or programs (whether maintained by
DOI or another agency or entity) that
rely upon the compromised
information; and
(c) The disclosure is made to such
agencies, entities and persons who are
reasonably necessary to assist in
connection with DOI’s efforts to respond
to the suspected or confirmed
compromise and prevent, minimize, or
remedy such harm.
(10) 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.
(11) To the Department of the
Treasury to recover debts owed to the
United States.
(12) 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, where there exists a
legitimate public interest in the
disclosure of the information, 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.
(13) To a debt collection agency for
the purpose of collecting outstanding
debts owed to the Department for fees
associated with processing Privacy Act
requests.
(14) To other Federal, state, and local
agencies having a subject matter interest
in a request or an appeal or a decision
thereon.
(15) To another Federal agency to
assist that agency in responding to an
inquiry by the individual to whom that
record pertains.
(16) 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, and to the
extent such a dispute involves a
combined FOIA and Privacy Act request
for agency records.
DISCLOSURE TO CONSUMER REPORTING
AGENCIES:

Pursuant to 5 U.S.C. 552a(b)(12),
disclosures may be made to a consumer
reporting agency as defined in the Fair

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management training and sign the DOI
Rules of Behavior.

Credit Reporting Act (15 U.S.C.
1681a(f)) or the Federal Claims
Collection Act of 1996 (31 U.S.C.
3701(a)(3)).

RETENTION AND DISPOSAL:

POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING AND
DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:

Paper records are contained in file
folders stored within filing cabinets in
secured rooms. Electronic records are
contained in computers, compact discs,
computer tapes, removable drives,
email, diskettes, and electronic
databases.
RETRIEVABILITY:

Information can be retrieved by
specific data elements including: The
name of the requester and case tracking
number.

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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 filed
cabinets under the control of authorized
personnel. 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); Public Law 93–579), the
Paperwork Reduction Act of 1995 (Pub.
L. 104–13); the Federal Information
Security Modernization Act of 2014
(Pub. L. 113–283, 44 U.S.C. 3554); and
the Federal Information Processing
Standards 199, Standards for Security
Categorization of Federal Information
and Information Systems. Computer
servers on which electronic records are
stored are located in secured DOI
facilities with physical, technical and
administrative levels of security to
prevent unauthorized access to the DOI
network and information assets.
Security controls include encryption,
firewalls, audit logs, and network
system security monitoring.
Electronic data is protected through
user identification, passwords, database
permissions and software controls.
Access to records in the system is
limited to authorized personnel who
have a need to access the records in the
performance of their official duties, and
each 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

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Records in this system are maintained
under Departmental Records Schedule
(DRS) 1—Administrative Records,
which has been approved by NARA
(DAA–0048–2013–0001). DRS–1 is a
Department-wide records schedule that
covers Privacy Act request files,
correspondence, reports, and program
administration records related to
implementation of the Privacy Act. The
disposition for these records is
temporary. Privacy Act request files,
correspondence, and other short-term
administration records are destroyed
three years after cut-off, which is
generally after the date of reply or the
end of the fiscal year in which files are
created. Long-term records that require
additional retention, such as denials,
amendment case files, and files
regarding erroneous release of personal
information not associated with specific
individuals, are destroyed seven years
after cut-off, which is generally when
the record is closed.
Records not covered by DRS–1 are
maintained under General Records
Schedule (GRS) 4.2, Information Access
and Protection Records. GRS 4.2 item
050, Privacy Act Accounting of
Disclosure files, are disposed of in
accordance with the subject individual
records, or five years after the
disclosure, whichever is later. GRS 4.2
item 060, erroneous release files
associated with specific records,
generally follow the original records
disposition or are destroyed six years
after the erroneous release, whichever is
later.
Paper records are disposed of by
shredding or pulping, and records
contained on electronic media are
degaussed or erased in accordance with
384 Departmental Manual 1 and NARA
guidelines.
SYSTEM MANAGER AND ADDRESS:

(1) Departmental Privacy Officer,
Office of the Chief Information Officer,
U.S. Department of the Interior, 1849 C
Street NW., Mail Stop 5545 MIB,
Washington, DC 20240.
(2) DOI Bureau and Office Privacy
Officers. To obtain a current list of the
Privacy Officers and their addresses,
visit the DOI Privacy Program Web site
at https://www.doi.gov/privacy/
contacts.
(3) Privacy Act System Managers.
(Consult DOI system of records notices
for addresses of Privacy Act System
Managers: https://www.doi.gov/privacy/
sorn.)

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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 envelope and letter should both
be clearly marked ‘‘PRIVACY ACT
INQUIRY.’’ A request for notification
must meet the requirements of 43 CFR
2.235.
RECORDS ACCESS PROCEDURES:

An individual requesting records on
himself or herself should send a signed,
written inquiry to the applicable System
Manager as identified above. The
request should describe the records
sought as specifically as possible. 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 RECORDS 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. A request
for corrections or removal must meet the
requirements of 43 CFR 2.246.
RECORD SOURCE CATEGORIES:

Information collected in this system is
submitted by individuals or their
representatives filing Privacy Act
requests, complaints, or appeals; system
managers or other officials involved in
these requests, complaints, or appeals;
and DOI personnel processing these
requests, complaints, or appeals.
Records are also obtained from DOI
systems of records from which Privacy
Act requests are made. Information or
records in this system may be obtained
from combined FOIA and Privacy Act
requests processed and maintained
under the ‘‘Electronic FOIA Tracking
System and FOIA Case Files—Interior,
DOI–71’’ system of records; and from
appeals records maintained under the
‘‘Freedom of Information Act Appeals
Files—Interior, OS–69’’ system of
records.
EXEMPTIONS CLAIMED FOR THE SYSTEM:

No exemptions are claimed for this
system. However, to the extent that
copies of exempt records from other
systems of records are entered into this
system, DOI claims the same
exemptions for those records that are
claimed for the original primary systems
of records from which they originated.
[FR Doc. 2016–16627 Filed 7–13–16; 8:45 am]
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