Privacy Act of 1974, as Amended; Amendment of an Existing System of Records, 1264-1266 [05-291]
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Federal Register / Vol. 70, No. 4 / Thursday, January 6, 2005 / Notices
contractor) of DOI that performs, on
DOI’s behalf, services requiring access
to these records.
(2) To another agency with a similar
‘‘smart card’’ system when a person
with a ‘‘smart card’’ requires access to
that agency’s facilities on a ‘‘need-toknow’’ basis.
(3) To the Federal Protective Service
and appropriate Federal, State, or local
agencies responsible for investigating
emergency response situations or
investigating or prosecuting the
violation of or for enforcing or
implementing a statute, rule, regulation,
order or license, when DOI becomes
aware of a violation or potential
violation of a statute, rule, regulation,
order or license.
(4)(a) To any of the following entities
or individuals, when the circumstances
set forth in (b) are met:
(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;
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 DOI employee acting in his or
her official capacity;
(C) 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;
(D) 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 purposes for
which the records were compiled.
(5) To a congressional office in
response to a written inquiry an
individual covered by the system has
made to the congressional office about
him or herself.
(6) 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.
(7) To representatives of the National
Archives and Records Administration to
conduct records management
inspections under the authority of 44
U.S.C. 2903 and 2904.
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POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING, AND
DISPOSING OF RECORDS IN THE SYSTEM:
NOTIFICATION PROCEDURES:
STORAGE:
Records are stored in electronic media
on hard disks, magnetic tapes and the ID
authentication card itself and on paper
records stored in file cabinets in secured
locations.
RETRIEVABILITY:
Records are retrievable from Active
Directory by organization, agency point
of contact, security access category that
describes the type of access the user is
allowed, date of system entry, time of
entry, location of entry, time of exit,
location of exit, ID security card issue
date, ID security card expiration date,
and ID security card serial number.
ACCESS SAFEGUARDS:
The computer servers in which
records are stored are located in
computer facilities that are secured by
alarm systems and off-master key
access. Active Directory access granted
to individuals is password-protected.
Access to the certificate issuance
portion of this system of records is
controlled by a digital certificate in
combination with a personal
identification number (PIN). Each
person granted access to the system
must be individually authorized to use
the system. A Privacy Act Warning
Notice appears on the monitor screen
when records containing information on
individuals are first displayed. Backup
tapes are stored in a locked and
controlled room in a secure, off-site
location. A Privacy Impact Assessment
was used to ensure that Privacy Act
requirements and safeguard
requirements were met.
Records relating to persons covered
by this system are retained in
accordance with General Records
Schedule 18, Item No. 17. Unless
retained for specific, ongoing security
investigations:
(1) Records relating to individuals
other than employees are destroyed two
years after the ID security card
expiration date.
(2) Records relating to date and time
of system entry and exit of employees
are destroyed two years after the date of
entry and exit.
(3) All other records relating to
employees are destroyed two years after
the ID security card expiration date.
SYSTEM MANAGER(S) AND ADDRESS:
Director, Information Resources
Management Center, Bureau of Land
Management, Denver Federal Center,
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Fmt 4703
Sfmt 4703
An individual requesting notification
of the existence of records on himself or
herself should address his/her request to
the local office Information Technology
Security Manager. The individual
requesting notification must provide
their full name and social security
number. Interior bureaus/offices are
listed at the Department of the Interior
Web site at https://www.doi.gov. The
request must be in writing and signed
by the requester. (See 43 CFR 2.60.)
RECORDS ACCESS PROCEDURES:
An individual requesting access to
records maintained on himself or herself
should address his/her request to the
local office Information Technology
Security Manager. The individual
requesting access must provide their full
name and social security number. The
request must be in writing and signed
by the requester. (See 43 CFR 2.63.)
CONTESTING RECORD PROCEDURES:
An individual requesting amendment
of a record maintained on himself or
herself should address his/her request to
the local office IT Security Manager.
The individual requesting the
amendment must provide their full
name and social security number. The
request must be in writing and signed
by the requester. (See 43 CFR 2.71.)
RECORD SOURCE CATEGORIES:
Individuals covered by the system,
supervisors, and designated approving
officials, certificate issuing authority,
network system administrators.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
None.
RETENTION AND DISPOSAL:
PO 00000
Building 40, P.O. Box 25047, Denver,
Colorado 80225–0047.
[FR Doc. 05–292 Filed 1–5–05; 8:45 am]
BILLING CODE 4310–RK–P
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
Privacy Act of 1974, as Amended;
Amendment of an Existing System of
Records
Bureau of Indian Affairs,
Interior.
ACTION: Proposed amendment of an
existing system of records.
AGENCY:
SUMMARY: Under the Privacy Act of
1974, as amended (5 U.S.C. 552a), the
Office of the Secretary is issuing public
notice of our intent to change an
existing Privacy Act system of records
notice entitled, Interior BIA–18 ‘‘Law
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Federal Register / Vol. 70, No. 4 / Thursday, January 6, 2005 / Notices
Enforcement Services.’’ The revisions
will change the name of the system to
Interior BIA–18, ‘‘Case Incident
Reporting System.’’ Other changes to
Interior BIA–18 include updating data
in the following fields: System
Locations, Categories of Individuals
Covered by the System, Categories of
Records in the System, Routine Uses of
Records Maintained in the System,
Categories of Users and the Purposes of
Such Uses, Policies and Practices for
Storing, Retrieving, Accessing,
Retaining and Disposing of Records in
the System.
The Department of the Interior is
issuing public notice of its intent to
amend portions of an existing Privacy
Act system of records subject to the
Privacy Act of 1974 (5 U.S.C. 552a).
This action is necessary to meet the
requirements of the Privacy Act to
publish in the Federal Register notice
amendment of an existing records
systems maintained by the agency (5
U.S.C. 552a(e)(4)).
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 Privacy Act
Officer, Bureau of Indian Affairs, U.S.
Department of the Interior, P.O. Box
247, Albuquerque, New Mexico 87103.
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:
Deputy Bureau Director, Bureau of
Indian Affairs (BIA), Office of Law
Enforcement Services (OLES),
Washington, DC at (202) 208–5787.
SUPPLEMENTARY INFORMATION: The intent
of amending this system notice is to
accomplish the mission of the BIA,
OLES to better clarify previous
language, to address administrative
changes, and to address the current
needs of the agency. The following
changes are being proposed to BIA–18:
The system location will be changed to
reflect an agency reorganization and realignment. The name of the system will
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Jkt 205001
be changed to more accurately define
the information that is contained in the
records of this system. The categories of
individuals covered by the system will
be amended to address both criminal
and non-criminal records that the
agency collects to perform our law
enforcement responsibilities. The
categories of records in the system will
be amended to be a more complete
listing of the information located in our
records. The primary purposes of the
system will be updated to meet new
reporting requirements.
Purposes have also been added that
we believe will allow greater access to
individuals who need BIA, OLES
reports to adjudicate a claim for a loss.
The following ‘‘Routine Uses’’ have
been changed in order to satisfy the
purpose of the system, and to allow
greater access to records that are needed
by citizens who are served by BIA,
OLES programs.
In Routine Use (3), we have added the
word ‘‘written’’. The Routine Use will
now read: ‘‘To a congressional office in
response to a written inquiry an
individual covered by the system has
made to the congressional office about
him or herself.’’
Routine Use (4) we have changed to
read: ‘‘to Federal, State, local, or tribal
agencies or contractors where necessary
and relevant to the hiring, retention,
removal, or processing of a personnel
action of an employee or the issuance of
a security clearance, contract, license,
grant or other benefit.’’ We added this
section to benefit our tribal contract
programs that request an Internal Affairs
Investigation to take place when a
personnel action is required. Routine
Use (6) was deleted and subsequent
routine uses were renumbered
accordingly. Routine Use (6) was
deleted because it stated that records
could be disclosed to a guardian or
guardian ad litem of a child named in
the report without differentiating
sensitive investigations with material
that should be withheld to protect the
privacy interest of parties identified in
the report. The Privacy Act allows a
legal guardian to act on behalf of an
individual minor child.
New Routine uses were added to
address the recent increase in requests
for BIA, OLES reports.
Routine Use (8) says that disclosures
outside the Department ‘‘for the purpose
of providing information on traffic
accidents, personal injuries, or the loss
or damage of property may be made to:
(a) Individuals involved in such
incidents; (b) persons injured in such
incidents; (c) owners of property
damaged, lost or stolen in such
incidents; and/or (d) these individuals’
PO 00000
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1265
duly verified insurance companies,
personal representatives, and/or
attorneys. The release of information
under these circumstances should only
occur when it will not: (a) interfere with
ongoing law enforcement proceedings,
(b) risk the health or safety of an
individual, or (c) reveal the identity of
an informant or witness that has
received an explicit assurance of
confidentiality. Social security numbers
should not be released under these
circumstances unless the social security
number belongs to the individual
requester.’’ The intent of this use is to
facilitate information flow to parties
who need the information to adjudicate
a claim.
Routine Use (9) ‘‘to Federal, State,
local, tribal organizations and
contractors for the purpose of incident
cause identification and to formulate
incident prevention programs for
improvement of public safety.’’ The
intent of this routine use is to allow
tribal governments the opportunity to
develop strategic plans that will address
the public safety issues within their
respective jurisdiction.
Routine Use (10) ‘‘to Federal, State,
local, and tribal organizations
responsible for the formulation of
statistical reports necessary for the
continued operation of the program.’’
This routine use was added to address
the need for complete and accurate
crime data that is necessary to respond
to the Government, Performance, and
Results Act.
Routine use (11) ‘‘to tribal
governments when necessary and
relevant to the assumption of a program
under Public Law 93–638, the Indian
Self-Determination and Education
Assistance Act, 25 U.S.C. 450 et seq.’’
The intent of this routine use is to allow
the BIA to transfer files when a tribal
government assumes a law enforcement
program under the authority of a Public
Law 93–638 contract.
Dated: January 3, 2005.
Michael D. Olsen,
Acting Principal Deputy Assistant Secretary—
Indian Affairs.
INTERIOR/BIA–18
SYSTEM NAME:
Case Incident Reporting System.
SYSTEM LOCATION:
(1) All District, Agency, and Field
Offices of the Bureau of Indian Affairs
(BIA), Office of Law Enforcement
Services (OLES); (2) BIA, OLES, 1849 C
Street, NW., MIB, Washington, DC
20240. (For a listing of specific
locations, contact the Systems Manager.)
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Federal Register / Vol. 70, No. 4 / Thursday, January 6, 2005 / Notices
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
Individual complainants in criminal
cases, individuals investigated or
arrested for criminal or traffic offenses,
or certain types of non-criminal
incidents, or any person involved in or
witnessing incidents requiring the
attention of BIA, OLES.
CATEGORIES OF RECORDS IN THE SYSTEM:
The files include accident reports and
incident reports which may contain any
of the following: Name, address, social
security number, date of birth,
telephone numbers, and other personal
identifiers; date and case numbers;
related correspondence; fingerprint
information; vehicle description and
license data; passenger data; insurance
data; emergency contact information;
law enforcement officers’ names; agency
identifiers; sketches and/or
photographs; hospital and other medical
records.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
25 U.S.C. 1, 1a, 13; 18 U.S.C. 3055;
Act of May 10, 1939, 58 Stat. 693; 53
Stat. 520.
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
PURPOSES OF SUCH USES:
The primary uses of the records are:
(1) To identify incidents in which
individuals were involved, (2) to
retrieve the report for information for
the individual involved, such as
accident reports and reports of
damaged, lost or stolen property, (3) as
a basis for criminal investigations
conducted by the Bureau of Indian
Affairs, Office of Law Enforcement
Services, (4) to assist Federal, State,
tribal, and local law enforcement
agencies working in areas contiguous to
areas under the jurisdiction of the BIA,
(5) for the purpose of accident cause
identification and to formulate accident
prevention programs for improvement
in traffic patterns, and (6) to formulate
statistical reports necessary for the
continued operation of the program.
DISCLOSURES OUTSIDE THE DEPARTMENT OF THE
INTERIOR MAY BE MADE:
(1) To the U.S. Department of Justice
when related to litigation or anticipated
litigation;
(2) Of information indicating a
violation or potential violation of a
statute, regulation, rule, order or license,
to appropriate Federal, State, local,
foreign, or tribal agencies responsible
for investigating or prosecuting the
violation or for enforcing or
implementing the statute, rule,
regulation, order, or license;
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Jkt 205001
(3) To a congressional office in
response to a written inquiry an
individual covered by the system has
made to the congressional office about
him or herself;
(4) To Federal, State, local, or tribal
agencies or contractors where necessary
and relevant to the hiring, retention,
removal, or processing of a personnel
action of an employee or the issuance of
a security clearance, contract, license,
grant, or other benefit;
(5) To Federal, State, local, or tribal
governmental officials responsible for
administering child protective services
in carrying out his or her official duties;
(6) To agencies authorized to care for,
treat, or supervise abused or neglected
children whose policies also require
confidential treatment of information;
(7) To members of community child
protective teams for the purposes of
establishing a diagnosis, formulation of
a treatment plan, monitoring the plan,
investigating reports of suspected
physical child abuse or neglect, and
making recommendations to the
appropriate court of competent
jurisdiction, whose policies also require
confidential treatment of information;
(8) For the purpose of providing
information on traffic accidents,
personal injuries, or the loss or damage
of property may be made to: (a)
Individuals involved in such incidents;
(b) persons injured in such incidents; (c)
owners of property damaged, lost or
stolen in such incidents; and/or
(d) These individuals’ duly verified
insurance companies, personal
representatives, and/or attorneys. The
release of information under these
circumstances should only occur when
it will not: (a) Interfere with ongoing
law enforcement proceedings, (b) risk
the health or safety of an individual, or
(c) reveal the identity of an informant or
witness that has received an explicit
assurance of confidentiality. Social
security numbers should not be released
under these circumstances unless the
social security number belongs to the
individual requester;
(9) To Federal, State, local, tribal
organizations, and contractors for the
purpose of incident cause identification
and to formulate incident prevention
programs for improvement of public
safety;
(10) To Federal, State, local, and tribal
organizations responsible for the
formulation of statistical reports
necessary for the continued operation of
the program;
(11) To tribal organizations when
necessary and relevant to the
assumption of a program under Public
Law 93–638, the Indian Self-
PO 00000
Frm 00047
Fmt 4703
Sfmt 4703
Determination and Education
Assistance Act, 25 U.S.C. 450 et seq.
POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING, AND
DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Maintained in manual form in file
folders and electronic media such as
personal computers.
RETRIEVABILITY:
Cross referenced by individual’s
name, case number, and other
information linked to the individuals in
the report.
SAFEGUARDS:
Maintained in accordance with 43
CFR 2.51 Privacy Act safeguards for
records. Access is provided on a needto-know basis only. Manual records are
maintained in locked file cabinets under
the control of authorized personnel
during working hours, and according to
the manual maintenance standards
identified in Department of the Interior
Regulations at 43 CFR 2.51. Electronic
records are safeguarded by permissions
set to ‘‘Authenticated Users’’ which
requires password logon.
RETENTION AND DISPOSAL:
Records are maintained in accordance
with record retentions outlined in 16
BIAM or the current BIA Records
Schedule. Records are retired to the
appropriate Federal Records Center in
accordance with BIA records
management policies.
SYSTEMS MANAGER(S) AND ADDRESS:
Deputy Bureau Director, Office of Law
Enforcement Services, Bureau of Indian
Affairs, United States Department of
Interior, 1849 C Street, NW., MIB,
Washington, DC 20240.
SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS
OF THE ACT:
Under the general exemption
authority provided by 5 U.S.C.
552a(j)(2), the Department of the Interior
has adopted a regulation, 43 CFR
2.79(a), which exempts this system from
all of the provisions of 5 U.S.C. 552a
and the regulations in 43 CFR part 2,
subpart G, except subsections (b), (c)(1)
and (2), (e)(4)(A) through (F), (e)(6), (7),
(9), (10), and (11) and (i) of 5 U.S.C.
552a and the portions of the regulations
in 43 CFR part 2, subpart G,
implementing these subsections. The
reasons for adoption of this regulation
are set out at 40 FR 37317 (August 26,
1975).
[FR Doc. 05–291 Filed 1–5–05; 8:45 am]
BILLING CODE 4310–G5–P
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]]>Agencies
[Federal Register Volume 70, Number 4 (Thursday, January 6, 2005)]
[Notices]
[Pages 1264-1266]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-291]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
Privacy Act of 1974, as Amended; Amendment of an Existing System
of Records
AGENCY: Bureau of Indian Affairs, Interior.
ACTION: Proposed amendment of an existing system of records.
-----------------------------------------------------------------------
SUMMARY: Under the Privacy Act of 1974, as amended (5 U.S.C. 552a), the
Office of the Secretary is issuing public notice of our intent to
change an existing Privacy Act system of records notice entitled,
Interior BIA-18 ``Law
[[Page 1265]]
Enforcement Services.'' The revisions will change the name of the
system to Interior BIA-18, ``Case Incident Reporting System.'' Other
changes to Interior BIA-18 include updating data in the following
fields: System Locations, Categories of Individuals Covered by the
System, Categories of Records in the System, Routine Uses of Records
Maintained in the System, Categories of Users and the Purposes of Such
Uses, Policies and Practices for Storing, Retrieving, Accessing,
Retaining and Disposing of Records in the System.
The Department of the Interior is issuing public notice of its
intent to amend portions of an existing Privacy Act system of records
subject to the Privacy Act of 1974 (5 U.S.C. 552a). This action is
necessary to meet the requirements of the Privacy Act to publish in the
Federal Register notice amendment of an existing records systems
maintained by the agency (5 U.S.C. 552a(e)(4)).
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 Privacy Act Officer, Bureau
of Indian Affairs, U.S. Department of the Interior, P.O. Box 247,
Albuquerque, New Mexico 87103. 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: Deputy Bureau Director, Bureau of
Indian Affairs (BIA), Office of Law Enforcement Services (OLES),
Washington, DC at (202) 208-5787.
SUPPLEMENTARY INFORMATION: The intent of amending this system notice is
to accomplish the mission of the BIA, OLES to better clarify previous
language, to address administrative changes, and to address the current
needs of the agency. The following changes are being proposed to BIA-
18: The system location will be changed to reflect an agency
reorganization and re-alignment. The name of the system will be changed
to more accurately define the information that is contained in the
records of this system. The categories of individuals covered by the
system will be amended to address both criminal and non-criminal
records that the agency collects to perform our law enforcement
responsibilities. The categories of records in the system will be
amended to be a more complete listing of the information located in our
records. The primary purposes of the system will be updated to meet new
reporting requirements.
Purposes have also been added that we believe will allow greater
access to individuals who need BIA, OLES reports to adjudicate a claim
for a loss. The following ``Routine Uses'' have been changed in order
to satisfy the purpose of the system, and to allow greater access to
records that are needed by citizens who are served by BIA, OLES
programs.
In Routine Use (3), we have added the word ``written''. The Routine
Use will now read: ``To a congressional office in response to a written
inquiry an individual covered by the system has made to the
congressional office about him or herself.''
Routine Use (4) we have changed to read: ``to Federal, State,
local, or tribal agencies or contractors where necessary and relevant
to the hiring, retention, removal, or processing of a personnel action
of an employee or the issuance of a security clearance, contract,
license, grant or other benefit.'' We added this section to benefit our
tribal contract programs that request an Internal Affairs Investigation
to take place when a personnel action is required. Routine Use (6) was
deleted and subsequent routine uses were renumbered accordingly.
Routine Use (6) was deleted because it stated that records could be
disclosed to a guardian or guardian ad litem of a child named in the
report without differentiating sensitive investigations with material
that should be withheld to protect the privacy interest of parties
identified in the report. The Privacy Act allows a legal guardian to
act on behalf of an individual minor child.
New Routine uses were added to address the recent increase in
requests for BIA, OLES reports.
Routine Use (8) says that disclosures outside the Department ``for
the purpose of providing information on traffic accidents, personal
injuries, or the loss or damage of property may be made to: (a)
Individuals involved in such incidents; (b) persons injured in such
incidents; (c) owners of property damaged, lost or stolen in such
incidents; and/or (d) these individuals' duly verified insurance
companies, personal representatives, and/or attorneys. The release of
information under these circumstances should only occur when it will
not: (a) interfere with ongoing law enforcement proceedings, (b) risk
the health or safety of an individual, or (c) reveal the identity of an
informant or witness that has received an explicit assurance of
confidentiality. Social security numbers should not be released under
these circumstances unless the social security number belongs to the
individual requester.'' The intent of this use is to facilitate
information flow to parties who need the information to adjudicate a
claim.
Routine Use (9) ``to Federal, State, local, tribal organizations
and contractors for the purpose of incident cause identification and to
formulate incident prevention programs for improvement of public
safety.'' The intent of this routine use is to allow tribal governments
the opportunity to develop strategic plans that will address the public
safety issues within their respective jurisdiction.
Routine Use (10) ``to Federal, State, local, and tribal
organizations responsible for the formulation of statistical reports
necessary for the continued operation of the program.'' This routine
use was added to address the need for complete and accurate crime data
that is necessary to respond to the Government, Performance, and
Results Act.
Routine use (11) ``to tribal governments when necessary and
relevant to the assumption of a program under Public Law 93-638, the
Indian Self-Determination and Education Assistance Act, 25 U.S.C. 450
et seq.'' The intent of this routine use is to allow the BIA to
transfer files when a tribal government assumes a law enforcement
program under the authority of a Public Law 93-638 contract.
Dated: January 3, 2005.
Michael D. Olsen,
Acting Principal Deputy Assistant Secretary--Indian Affairs.
INTERIOR/BIA-18
System name:
Case Incident Reporting System.
System location:
(1) All District, Agency, and Field Offices of the Bureau of Indian
Affairs (BIA), Office of Law Enforcement Services (OLES); (2) BIA,
OLES, 1849 C Street, NW., MIB, Washington, DC 20240. (For a listing of
specific locations, contact the Systems Manager.)
[[Page 1266]]
Categories of individuals covered by the system:
Individual complainants in criminal cases, individuals investigated
or arrested for criminal or traffic offenses, or certain types of non-
criminal incidents, or any person involved in or witnessing incidents
requiring the attention of BIA, OLES.
Categories of records in the system:
The files include accident reports and incident reports which may
contain any of the following: Name, address, social security number,
date of birth, telephone numbers, and other personal identifiers; date
and case numbers; related correspondence; fingerprint information;
vehicle description and license data; passenger data; insurance data;
emergency contact information; law enforcement officers' names; agency
identifiers; sketches and/or photographs; hospital and other medical
records.
Authority for Maintenance of the System:
25 U.S.C. 1, 1a, 13; 18 U.S.C. 3055; Act of May 10, 1939, 58 Stat.
693; 53 Stat. 520.
Routine uses of records maintained in the system, including categories
of users and purposes of such uses:
The primary uses of the records are: (1) To identify incidents in
which individuals were involved, (2) to retrieve the report for
information for the individual involved, such as accident reports and
reports of damaged, lost or stolen property, (3) as a basis for
criminal investigations conducted by the Bureau of Indian Affairs,
Office of Law Enforcement Services, (4) to assist Federal, State,
tribal, and local law enforcement agencies working in areas contiguous
to areas under the jurisdiction of the BIA, (5) for the purpose of
accident cause identification and to formulate accident prevention
programs for improvement in traffic patterns, and (6) to formulate
statistical reports necessary for the continued operation of the
program.
Disclosures outside the Department of the Interior may be made:
(1) To the U.S. Department of Justice when related to litigation or
anticipated litigation;
(2) Of information indicating a violation or potential violation of
a statute, regulation, rule, order or license, to appropriate Federal,
State, local, foreign, or tribal agencies responsible for investigating
or prosecuting the violation or for enforcing or implementing the
statute, rule, regulation, order, or license;
(3) To a congressional office in response to a written inquiry an
individual covered by the system has made to the congressional office
about him or herself;
(4) To Federal, State, local, or tribal agencies or contractors
where necessary and relevant to the hiring, retention, removal, or
processing of a personnel action of an employee or the issuance of a
security clearance, contract, license, grant, or other benefit;
(5) To Federal, State, local, or tribal governmental officials
responsible for administering child protective services in carrying out
his or her official duties;
(6) To agencies authorized to care for, treat, or supervise abused
or neglected children whose policies also require confidential
treatment of information;
(7) To members of community child protective teams for the purposes
of establishing a diagnosis, formulation of a treatment plan,
monitoring the plan, investigating reports of suspected physical child
abuse or neglect, and making recommendations to the appropriate court
of competent jurisdiction, whose policies also require confidential
treatment of information;
(8) For the purpose of providing information on traffic accidents,
personal injuries, or the loss or damage of property may be made to:
(a) Individuals involved in such incidents; (b) persons injured in such
incidents; (c) owners of property damaged, lost or stolen in such
incidents; and/or
(d) These individuals' duly verified insurance companies, personal
representatives, and/or attorneys. The release of information under
these circumstances should only occur when it will not: (a) Interfere
with ongoing law enforcement proceedings, (b) risk the health or safety
of an individual, or (c) reveal the identity of an informant or witness
that has received an explicit assurance of confidentiality. Social
security numbers should not be released under these circumstances
unless the social security number belongs to the individual requester;
(9) To Federal, State, local, tribal organizations, and contractors
for the purpose of incident cause identification and to formulate
incident prevention programs for improvement of public safety;
(10) To Federal, State, local, and tribal organizations responsible
for the formulation of statistical reports necessary for the continued
operation of the program;
(11) To tribal organizations when necessary and relevant to the
assumption of a program under Public Law 93-638, the Indian Self-
Determination and Education Assistance Act, 25 U.S.C. 450 et seq.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Maintained in manual form in file folders and electronic media such
as personal computers.
Retrievability:
Cross referenced by individual's name, case number, and other
information linked to the individuals in the report.
Safeguards:
Maintained in accordance with 43 CFR 2.51 Privacy Act safeguards
for records. Access is provided on a need-to-know basis only. Manual
records are maintained in locked file cabinets under the control of
authorized personnel during working hours, and according to the manual
maintenance standards identified in Department of the Interior
Regulations at 43 CFR 2.51. Electronic records are safeguarded by
permissions set to ``Authenticated Users'' which requires password
logon.
Retention and disposal:
Records are maintained in accordance with record retentions
outlined in 16 BIAM or the current BIA Records Schedule. Records are
retired to the appropriate Federal Records Center in accordance with
BIA records management policies.
Systems manager(s) and address:
Deputy Bureau Director, Office of Law Enforcement Services, Bureau
of Indian Affairs, United States Department of Interior, 1849 C Street,
NW., MIB, Washington, DC 20240.
Systems exempted from certain provisions of the act:
Under the general exemption authority provided by 5 U.S.C.
552a(j)(2), the Department of the Interior has adopted a regulation, 43
CFR 2.79(a), which exempts this system from all of the provisions of 5
U.S.C. 552a and the regulations in 43 CFR part 2, subpart G, except
subsections (b), (c)(1) and (2), (e)(4)(A) through (F), (e)(6), (7),
(9), (10), and (11) and (i) of 5 U.S.C. 552a and the portions of the
regulations in 43 CFR part 2, subpart G, implementing these
subsections. The reasons for adoption of this regulation are set out at
40 FR 37317 (August 26, 1975).
[FR Doc. 05-291 Filed 1-5-05; 8:45 am]
BILLING CODE 4310-G5-P
