Institute of Museum and Library Services; Implementation of the Privacy Act of 1974, 6374-6380 [06-1122]
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Federal Register / Vol. 71, No. 26 / Wednesday, February 8, 2006 / Rules and Regulations
(i) Criteria. This paragraph sets forth
the general criteria which IMLS uses in
evaluating and reviewing applications
for conservation projects.
(1) The following programmatic
criteria apply to the evaluation and
review of conservation grants:
(i) What is the importance of the
object or objects to be conserved? What
is the significance of the object or
objects to the museum’s collection and/
or audience?
(ii) What is the need for the project,
including the relationship of the project
to the conservation needs and priorities
of the applicant museum as reflected in
a survey of conservation needs or
similar needs assessment?
(iii) What are the applicant’s plans to
use and maintain the anticipated results
or benefits of the project after the
expiration of Federal support?
(iv) Does the applicant plan to devote
adequate financial and other resources
to the project without inhibiting its
ongoing activities?
(2) The following technical criteria
apply to the evaluation and review of
applications for conservation grants:
(i) What is the nature of the proposed
project with respect to project design
and management plan?
(ii) To what extent does the
application exhibit knowledge of the
technical area to which the conservation
project relates and employ the most
promising or appropriate methods or
techniques of conservation? To what
extent is the conservation project likely
to use, develop or demonstrate
improved, more efficient, or more
economic methods of conservation?
(iii) Does the project have an adequate
budget to achieve its purpose? Is the
burden reasonable and adequate in
relation to the objectives of the project?
(iv) What are the qualifications of the
personnel the applicant plans to use on
the project and the proposed time that
each person is obligated to commit to
the project?
(j) Grant condition. An applicant
which has received a grant in a prior
fiscal year under the IMLS conservation
grant program may not receive a grant
in a subsequent fiscal year under this
section until required reports have been
submitted regarding the performance of
the previous grant.
(k) Allowable and unallowable costs.
(1) Section 1180.56 of the IMLS
regulations, which applies to
conservation grants, sets forth the rules
applicable to determining the
allowability of costs under IMLS grants
and refers applicants and grantees to the
OMB circulars containing applicable
cost principles which govern Federal
grants generally.
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(2) In general such costs as
compensation for personal services,
costs of materials and supplies, rental
costs, and other administrative costs
specifically related to a conservation
project are allowable under a
conservation grant in accordance with
applicable cost principles.
(3) Costs of alterations, repairs and
restoration to an existing facility are
allowable when they are related to a
conservation project under a
conservation grant in accordance with
applicable cost principles.
(4) Costs of equipment are generally
allowable if related to a conservation
project but do require specific approval
as indicated in the grant award
document.
(5) A grantee may award a stipend to
an individual for training in connection
with a conservation project.
(6) Costs of new construction are
unallowable. For example, a museum
may not use a conservation grant to
construct a new building or an addition
to an existing building to improve the
environment in which its collections are
housed.
Subpart E—[Removed]
18. Remove subpart E—Assistance to
Professional Museum Organizations,
consisting of §§ 1180.77 through
1180.78.
I
Subpart F—[Removed]
I
19. Remove reserved subpart F.
Subpart G—[Removed]
20. Remove subpart G—Meetings of
the National Museum Services Board,
consisting of §§ 1180.80 through
1180.91.
I
Appendix A to Part 1180 [Removed]
I
21. Remove Appendix A to Part 1180.
[FR Doc. 06–1124 Filed 2–7–06; 8:45 am]
BILLING CODE 7036–01–M
NATIONAL FOUNDATION ON THE
ARTS AND THE HUMANITIES
45 CFR Part 1182
3137–AA17
Institute of Museum and Library
Services; Implementation of the
Privacy Act of 1974
Institute of Museum and
Library Services (IMLS), NFAH.
ACTION: Final rule.
AGENCY:
SUMMARY: The Institute of Museum and
Library Services (Institute) has amended
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its Privacy Act regulations to reflect
administrative changes at the agency
and to conform to the President’s
Memorandum of June 1, 1998—Plain
Language in Government Writing. These
regulations establish procedures by
which an individual may determine
whether a system of records maintained
by the Institute contains a record
pertaining to him or her; gain access to
such records; and request correction or
amendment of such records. These
regulations also establish exemptions
from certain Privacy Act requirements
for all or part of certain systems of
records maintained by the Institute.
EFFECTIVE DATE: February 2, 2006.
FOR FURTHER INFORMATION CONTACT:
Nancy E. Weiss, General Counsel,
Institute of Museum and Library
Services, 1800 M Street, NW., Ninth
Floor, Washington, DC 20036. E-mail:
nweiss@imls.gov. Telephone: (202) 653–
4787. Facsimile: (202) 653–4625.
SUPPLEMENTARY INFORMATION: The
Institute operates as part of the National
Foundation on the Arts and the
Humanities under the National
Foundation on the Arts and the
Humanities Act of 1965, as amended (20
U.S.C. 951 et seq.) The corresponding
regulations published at 45 CFR Chapter
XI, Subchapter A apply to the entire
Foundation, while the regulations
published at 45 CFR Chapter XI,
Subchapter E apply only to the Institute.
The proposed rule was published by the
Institute in the Federal Register on
November 23, 2005. The Institute
received no comments suggesting
changes to the text of the rule.
This final rule adds Privacy Act
regulations to Subchapter E (45 CFR
part 1182), replacing the existing
regulations in Subchapter A (45 CFR
part 1115) with regard to the Institute.
The new regulations provide additional
detail concerning several provisions of
the Privacy Act, and are intended to
increase understanding of the Institute’s
Privacy Act policies. The Institute is
authorized to propose the new
regulations under 5 U.S.C. 552a(f) of the
Privacy Act.
I. Matters of Regulatory Procedure
Regulatory Planning and Review (E.O.
12866)
Under Executive Order 12866, the
Institute must determine whether the
regulatory action is ‘‘significant’’ and
therefore subject to OMB review and the
requirements of the Executive order.
The Order defines a ‘‘significant
regulatory action’’ as one that is likely
to result in a rule that may: (1) Have an
annual effect on the economy of $100
million or more or adversely affect in a
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material way the economy, a sector of
the economy, productivity, competition,
jobs, the environment, public health or
safety, or State, local, or tribal
governments or communities; (2) create
a serious inconsistency or otherwise
interfere with an action taken or
planned by another agency; (3)
materially alter the budgetary impact of
entitlements, grants, user fees, or loan
programs or the rights and obligations of
recipients thereof; (4) raise novel legal
or policy issues arising out of legal
mandates, the President’s priorities, or
the principles set forth in the Executive
Order.
The rules add Privacy Act regulations
to Subchapter E (45 CFR part 1182),
replacing the existing regulations in
Subchapter A (45 CFR part 1115) with
regard to the Institute. The new
regulations provide additional detail
concerning several provisions of the
Privacy Act, and are intended to
increase understanding of the Institute’s
Privacy Act policies. As such, it does
not impose a compliance burden on the
economy generally or on any person or
entity. Accordingly, this rule is not a
‘‘significant regulatory action’’ from an
economic standpoint, and it does not
otherwise create any inconsistencies or
budgetary impacts to any other agency
or Federal Program.
Small Business Regulatory Enforcement
Fairness Act (SBREFA)
PART 1182—IMPLEMENTATION OF
THE PRIVACY ACT OF 1974
This rule is not a major rule under 5
U.S.C. 804(2), the Small Business
Regulatory Enforcement Fairness Act.
This rule:
a. Does not have an annual effect on
the economy of $100 million or more.
b. Will not cause a major increase in
costs or prices for consumers,
individuals industries, Federal, State, or
local government agencies, or
geographic regions.
c. Does not have significant adverse
effects on competition, employment,
investment, productivity, innovation, or
the ability of U.S.-based enterprises to
compete with foreign-based enterprises.
Regulatory Flexibility Act
Civil Justice Reform (E.O. 12988)
Because this rule adds Privacy Act
regulations to Subchapter E (45 CFR
part 1182), replacing the existing
regulations in Subchapter A (45 CFR
part 1115) with regard to the Institute,
the Institute has determined in
Regulatory Flexibility Act (5 U.S.C. 601
et seq.) review that this rule will not
have a significant economic impact on
a substantital number of small entities.
In accordance with Executive Order
12988, the Institute has determined that
this rule does not unduly burden the
judicial system and meets the
requirements of sections 3(a) and 3(b)(2)
of the Order.
Sec.
1182.1 Purpose and scope of these
regulations.
1182.2 Definitions.
1182.3 Inquiries about the Institute’s
systems of records or implementation of
the Privacy Act.
1182.4 Procedures for notifying the public
of the Institute’s systems of records.
1182.5 Procedures for notifying government
entities of the Institute’s proposed
changes to its systems of records.
1182.6 Limits that exist as to the contents
of the Institute’s systems of records.
1182.7 Institute procedures for collecting
information from individuals for its
records.
1182.8 Procedures for acquiring access to
Institute records pertaining to an
individual.
1182.9 Identification required when
requesting access to Institute records
pertaining to an individual.
1182.10 Procedures for amending or
correcting an individual’s Institute
record.
1182.11 Procedures for appealing a refusal
to amend or correct an Institute record.
1182.12 Fees charged to locate, review, or
copy records.
1182.13 Policies and procedures for
Institute disclosure of its records.
1182.14 Procedures for maintaining
accounts of disclosures made by the
Institute from its systems of records.
1182.15 Institute responsibility for
maintaining adequate technical,
physical, and security safeguards to
prevent unauthorized disclosure or
destruction of manual and automatic
record systems.
1182.16 Procedures to ensure that Institute
employees involved with its systems of
records are familiar with the
requirements and of the Privacy Act.
1182.17 Institute systems of records that are
covered by exemptions in the Privacy
Act.
1182.18 Penalties for obtaining an Institute
record under false pretenses.
1182.19 Restrictions that exist regarding the
release of mailing lists.
Paperwork Reduction Act
This rule is exempt from the
requirements of the Paperwork
Reduction Act, since it adds Privacy Act
regulations to Subchapter E (45 CFR
part 1182), replacing the existing
regulations in Subchapter A (45 CFR
part 1115) with regard to the Institute.
An OMB form 83–1 is not required.
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For purposes of the Unfunded
Mandates Reform Act of 1995 (2 U.S.C.
chapter 25, subchapter II), this rule will
not significantly or uniquely affect small
governments and will not result in
increased expenditures by State, local,
and tribal governments, or by the
private sector, of $100 million or more
as adjusted for inflation) in any one
year.
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In accordance with Executive Order
12630, the rule does not have significant
takings implications. No rights, property
or compensation has been, or will be
taken. A takings implication assessment
is not required.
Federalism (E.O. 13132)
In accordance with Executive Order
13132, this rule does not have
federalism implications that warrant the
preparation of a federalism assessment.
Consultation With Indian tribes (E.O.
13175)
In accordance with Executive Order
13175, the Institute has evaluated this
rule and determined that it has no
potential negative effects on federally
recognized Indian tribes.
National Environmental Policy Act
This final rule does not constitute a
major Federal action significantly
affecting the quality of the human
environment.
List of Subjects in 45 CFR Part 1182
Unfunded Mandates Reform Act
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Takings (E.O. 12630)
Privacy.
Dated: February 2, 2006.
Nancy E. Weiss,
General Counsel, Institute of Museum and
Library Services.
For the reasons stated in the preamble,
the Institute amends Title 45, Code of
Federal Regulations, Subchapter E, by
adding Part 1182 to read as follows:
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Authority: 5 U.S.C. 552a(f).
§ 1182.1 Purpose and scope of these
regulations.
The regulations in this part set forth
the Institute’s procedures under the
Privacy Act, as required by 5 U.S.C.
552a(f), with respect to systems of
records maintained by the Institute.
These regulations establish procedures
by which an individual may exercise
the rights granted by the Privacy Act to
determine whether an Institute system
contains a record pertaining to him or
her; to gain access to such records; and
to request correction or amendment of
such records. These regulations also set
identification requirements, prescribe
fees to be charged for copying records,
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individual or by some number, symbol,
or other identifying particular assigned
to the individual.
§ 1182.5 Procedures for notifying
government entities of the Institute’s
proposed changes to its systems of
records.
§ 1182.2
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and establish exemptions from certain
requirements of the Act for certain
Institute systems or components thereof:
§ 1182.3 Inquiries about the Institute’s
systems of records or implementation of
the Privacy Act.
When the Institute proposes to
establish or significantly change any of
its systems of records, it shall provide
adequate advance notice of such
proposal to the Committee on
Government Reform of the House of
Representatives, the Committee on
Governmental Affairs of the Senate, and
the Office of Management and Budget
(OMB), in order to permit an evaluation
of the probable or potential effect of
such proposal on the privacy or other
rights of individuals. This report will be
submitted in accordance with
guidelines provided by the OMB.
Definitions.
The definitions of the Privacy Act
apply to this part. In addition, as used
in this part:
(a) Agency means any executive
department, military department,
government corporation, or other
establishment in the executive branch of
the Federal government, including the
Executive Office of the President or any
independent regulatory agency.
(b) Business day means a calendar
day, excluding Saturdays, Sundays, and
legal public holidays.
(c) Director means the Director of the
Institute, or his or her designee;
(d) General Counsel means the
General Counsel of the Institute, or his
or her designee.
(e) Individual means any citizen of the
United States or an alien lawfully
admitted for permanent residence;
(f) Institute means the Institute of
Museum and Library Services;
(g) Institute system means a system of
records maintained by the Institute;
(h) Maintain means to collect, use,
store, or disseminate records, as well as
any combination of these recordkeeping
functions. The term also includes
exercise of control over and, therefore,
responsibility and accountability for,
systems of records;
(i) Privacy Act or Act means the
Privacy Act of 1974, as amended (5
U.S.C. 552a);
(j) Record means any item, collection,
or grouping of information about an
individual that is maintained by an
agency and contains the individual’s
name or another identifying particular,
such as a number or symbol assigned to
the individual, or his or her fingerprint,
voice print, or photograph. The term
includes, but is not limited to,
information regarding an individual’s
education, financial transactions,
medical history, and criminal or
employment history;
(k) Routine use means, with respect to
the disclosure of a record, the use of a
record for a purpose that is compatible
with the purpose for which it was
collected;
(l) Subject individual means the
individual to whom a record pertains.
Uses of the terms ‘‘I’’, ‘‘you’’, ‘‘me’’, and
other references to the reader of the
regulations in this part are meant to
apply to subject individuals as defined
in this paragraph (l); and
(m) System of records means a group
of records under the control of any
agency from which information is
retrieved by use of the name of the
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Inquiries about the Institute’s systems
of records or implementation of the
Privacy Act should be sent to the
following address: Institute of Museum
and Library Services; Office of the
General Counsel; 1800 M Street, NW.,
9th Floor, Washington, DC 20036.
§ 1182.4 Procedures for notifying the
public of the Institute’s systems of records.
(a) From time to time, the Institute
shall review its systems of records in the
Federal Register, and publish, if
necessary, any amendments to those
systems of records. Such publication
shall not be made for those systems of
records maintained by other agencies
while in the temporary custody of the
Institute.
(b) At least 30 days prior to
publication of information under
paragraph (a) of this section, the
Institute shall publish in the Federal
Register a notice of its intention to
establish any new routine uses of any of
its systems of records, thereby providing
the public an opportunity to comment
on such uses. This notice published by
the Institute shall contain the following:
(1) The name of the system of records
for which the routine use is to be
established;
(2) The authority for the system;
(3) The purpose for which the record
is to be maintained;
(4) The proposed routine use(s);
(5) The purpose of the routine use(s);
and
(6) The categories of recipients of
such use.
(c) Any request for additions to the
routine uses of Institute systems should
be sent to the Office of the General
Counsel (see § 1182.3).
(d) Any individual who wishes to
know whether an Institute system
contains a record pertaining to him or
her should write to the Office of the
General Counsel (see § 1182.3). Such
individuals may also call the Office of
the General Counsel at (202) 653–4787
on business days, between the hours of
9 a.m. and 5 p.m., to schedule an
appointment to make an inquiry in
person. Inquiries should be presented in
writing and should specifically identify
the Institute systems involved. The
Institute will attempt to respond to an
inquiry regarding whether a record
exists within 10 business days of
receiving the inquiry.
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§ 1182.6 Limits that exist as to the
contents of the Institute’s systems of
records.
(a) The Institute shall maintain only
such information about an individual as
is relevant and necessary to accomplish
a purpose of the agency required by
statute or by executive order of the
President. In addition, the Institute shall
maintain all records that are used in
making determinations about any
individual with such accuracy,
relevance, timeliness, and completeness
as is reasonably necessary to ensure
fairness to that individual in the making
of any determination about him or her.
However, the Institute shall not be
required to update retired records.
(b) The Institute shall not maintain
any record about any individual with
respect to or describing how such
individual exercises rights guaranteed
by the First Amendment of the
Constitution of the United States, unless
expressly authorized by statute or by the
subject individual, or unless pertinent
to and within the scope of an authorized
law enforcement activity.
§ 1182.7 Institute procedures for collecting
information from individuals for its records.
The Institute shall collect
information, to the greatest extent
practicable, directly from you when the
information may result in adverse
determinations about your rights,
benefits, or privileges under Federal
programs. In addition, the Institute shall
inform you of the following, either on
the form it uses to collect the
information or on a separate form that
you can retain, when it asks you to
supply information:
(a) The statutory or executive order
authority that authorizes the solicitation
of the information;
(b) Whether disclosure of such
information is mandatory or voluntary;
(c) The principal purpose(s) for which
the information is intended to be used;
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(d) The routine uses that may be made
of the information, as published
pursuant to § 1182.4; and
(e) Any effects on you of not
providing all or any part of the required
or requested information.
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§ 1182.8 Procedures for acquiring access
to Institute records pertaining to an
individual.
The following procedures apply to
records that are contained in an Institute
system:
(a) You may request review of records
pertaining to you by writing to the
Office of the General Counsel (see
§ 1182.3). You also may call the Office
of the General Counsel at (202) 653–
4787 on business days, between the
hours of 9 a.m. and 5 p.m., to schedule
an appointment to make such a request
in person. A request for records should
be presented in writing and should
identify specifically the Institute
systems involved.
(b) Access to the record, or to any
other information pertaining to you that
is contained in the system shall be
provided if the identification
requirements of § 1182.9 are satisfied
and the record is determined otherwise
to be releasable under the Privacy Act
and these regulations. The Institute
shall provide you an opportunity to
have a copy made of any such record
about you. Only one copy of each
requested record will be supplied, based
on the fee schedule in § 1182.12.
(c) The Institute will comply
promptly with requests made in person
at scheduled appointments, if the
requirements of this section are met and
the records sought are immediately
available. The institute will
acknowledge, within 10 business days,
mailed requests or personal requests for
documents that are not immediately
available, and the information requested
will be provided promptly thereafter.
(d) If you make your request in person
at a scheduled appointment, you may,
upon your request, be accompanied by
a person of your choice to review your
record. The Institute may require that
you furnish a written statement
authorizing discussion of your record in
the accompanying person’s presence. A
record may be disclosed to a
representative chosen by you upon your
proper written consent.
(e) Medical or psychological records
pertaining to you shall be disclosed to
you unless, in the judgment of the
Institute, access to such records might
have an adverse effect upon you. When
such a determination has been made,
the Institute may refuse to disclose such
information directly to you. The
Institute will, however, disclose this
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information to a licensed physician
designated by you in writing.
§ 1182.9 Identification required when
requesting access to Institute records
pertaining to an individual.
The Institute shall require reasonable
identification of all individuals who
request access to records in an Institute
system to ensure that they are disclosed
to the proper person.
(a) The amount of personal
identification required will of necessity
vary with the sensitivity of the record
involved. In general, if you request
disclosure in person, you shall be
required to show an identification card,
such as a driver’s license, containing
your photograph and sample signature.
However, with regard to records in
Institute systems that contain
particularly sensitive and/or detailed
personal information, the Institute
reserves the right to require additional
means of identification as are
appropriate under the circumstances.
These means include, but are not
limited to, requiring you to sign a
statement under oath as to your identity,
acknowledging that you are aware of the
penalties for improper disclosure under
the provisions of the Privacy Act.
(b) If you request disclosure by mail,
the Institute will request such
information as may be necessary to
ensure that you are properly identified.
Authorized means to achieve this goal
include, but are not limited to, requiring
that a mail request include certification
that a duly commissioned notary public
of any State or territory (or a similar
official, if the request is made outside of
the United States) received an
acknowledgment of identity from you.
(c) If you are unable to provide
suitable documentation or
identification, the Institute may require
a signed, notarized statement asserting
your identity and stipulating that you
understand that knowingly or willfully
seeking or obtaining access to records
about another person under false
pretenses is punishable by a fine of up
to $5,000.
§ 1182.10 Procedures for amending or
correcting an individual’s Institute record.
(a) You are entitled to request
amendments to or corrections of records
pertaining to you pursuant to the
provisions of the Privacy Act, including
5 U.S.C. 552a(d)(2). Such a request
should be made in writing and
addressed to the Office of the General
Counsel (see § 1182.3).
(b) Your request for amendments or
corrections should specify the
following:
(1) The particular record that you are
seeking to amend or correct;
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(2) The Institute system from which
the record was retrieved;
(3) The precise correction or
amendment you desire, preferably in the
form of an edited copy of the record
reflecting the desired modification; and
(4) Your reasons for requesting
amendment or correction of the record.
(c) The Institute will acknowledge a
request for amendment or correction of
a record within 10 business days of its
receipt, unless the request can be
processed and the individual informed
of the General Counsel’s decision on the
request within that 10-day period.
(d) If after receiving and investigating
your request, the General Counsel agrees
that the record is not accurate, timely,
or complete, based on a preponderance
of the evidence, then the record will be
corrected or amended promptly. The
record will be deleted without regard to
its accuracy, if the record is not relevant
or necessary to accomplish the Institute
function for which the record was
provided or is maintained. In either
case, you will be informed in writing of
the amendment, correction, or deletion.
In addition, if accounting was made of
prior disclosures of the record, all
previous recipients of the record will be
informed of the corrective action taken.
(e) If after receiving and investigating
your request, the General Counsel does
not agree that the record should be
amended or corrected, you will be
informed promptly in writing of the
refusal to amend or correct the record
and the reason for this decision. You
also will be informed that you may
appeal this refusal in accordance with
§ 1182.11.
(f) Requests to amend or correct a
record governed by the regulations of
another agency will be forwarded to
such agency for processing, and you
will be informed in writing of this
referral.
§ 1182.11 Procedures for appealing a
refusal to amend or correct an Institute
record.
(a) You may appeal a refusal to amend
or correct a record to the Director. Such
appeal must be made in writing within
10 business days of your receipt of the
initial refusal to amend or correct your
record. Your appeal should be sent to
the Office of the General Counsel (see
§ 1182.3), should indicate that it is an
appeal, and should include the basis for
the appeal.
(b) The Director will review your
request to amend or correct the record,
the General Counsel’s refusal, and any
other pertinent material relating to the
appeal. No hearing will be held.
(c) The Director shall render his or her
decision on your appeal within 30
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business days of its receipt by the
Institute, unless the Director, for good
cause shown, extends the 30-day period.
Should the Director extend the appeal
period, you will be informed in writing
of the extension and the circumstances
of the delay.
(d) If the Director determines that the
record that is the subject of the appeal
should be amended or corrected, the
record will be so modified, and you will
be informed in writing of the
amendment or correction. Where an
accounting was made of prior
disclosures of the record, all previous
recipients of the record will be informed
of the corrective action taken.
(e) If your appeal is denied, you will
be informed in writing of the following:
(1) The denial and the reasons for the
denial;
(2) That you may submit to the
Institute a concise statement setting
forth the reasons for your disagreement
as to the disputed record. Under the
procedures set forth in paragraph (f) of
this section, your statement will be
disclosed whenever the disputed record
is disclosed; and
(3) That you may seek judicial review
of the Director’s determination under 5
U.S.C. 552a(g)(1)(a).
(f) Whenever you submit a statement
of disagreement to the Institute in
accordance with paragraph (e)(2) of this
section, the record will be annotated to
indicate that it is disputed. In any
subsequent disclosure, a copy of your
statement of disagreement will be
disclosed with the record. If the
Institute deems it appropriate, a concise
statement of the Director’s reasons for
denying our appeal also may be
disclosed with the record. While you
will have access to this statement of the
Director’s reasons for denying your
appeal, such statement will not be
subject to correction or amendment.
Where an accounting was made of prior
disclosures of the record, all previous
recipients of the record will be provided
a copy of your statement of
disagreement, as well as any statement
of the Director’s reasons for denying
your appeal.
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§ 1182.12 Fees charged to locate, review,
or copy records.
(a) The Institute shall charge no fees
for search time or for any other time
expended by the Institute to review a
record. However, the Institute may
charge fees where you request that a
copy be made of a record to which you
have been granted access. Where a copy
of the record must be made in order to
provide access to the record (e.g.,
computer printout where no screen
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reading is available), the copy will be
made available to you without cost.
(b) Copies of records made by
photocopy or similar process will be
charged to you at the rate of $0.10 per
page. Where records are not susceptible
to photocopying (e.g., punch cards,
magnetic tapes, or oversize materials),
you will be charged actual cost as
determined on a case-by-case basis. A
copying fee totaling $3.00 or less shall
be waived, but the copying fees for
contemporaneous requests by the same
individual shall be aggregated to
determine the total fee.
(c) Special and additional services
provided at your request, such as
certification or authentication, postal
insurance, and special mailing
arrangement costs, will be charged to
you.
(d) A copying fee shall not be charged
or, alternatively, it may be reduced,
when the General Counsel determines,
based on a petition, that the petitioning
individual is indigent and that the
Institute’s resources permit a waiver of
all or part of the fee.
(e) All fees shall be paid before any
copying request is undertaken.
Payments shall be made by check or
money order payable to the ‘‘Institute of
Museum and Library Services.’’
§ 1182.13 Policies and procedures for
Institute disclosure of its records.
(a) The Institute not disclose any
record that is contained in a system of
records to any person or to another
agency, except pursuant to a written
request by or with the prior written
consent of the subject individual, unless
disclosure of the record is:
(1) To those officers or employees of
the Institute who maintain the record
and who have a need for the record in
the performance of their official duties;
(2) Required under the provisions of
the Freedom of Information Act (5
U.S.C. 552). Records required to be
made available by the Freedom of
Information Act will be released in
response to a request to the Institute
formulated in accordance with the
National Foundation on the Arts and the
Humanities regulations published at 45
CFR part 1100;
(3) For a routine use as published in
the annual notice in the Federal
Register;
(4) To the Census Bureau for purpose
of planning or carrying out a census;
survey, or related activity pursuant to
the provisions of Title 13 of the United
States Code;
(5) To a recipient who has provided
the Institute with adequate advance
written assurance that the record will be
used solely as a statistical research or
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reporting record, and the record is to be
transferred in a form that is not
individually identifiable;
(6) To the National Archives and
Records Administration as a record that
has sufficient historical or other value to
warrant its continued preservation by
the United States government, or for
evaluation by the Archivist of the
United States, or his or her designee, to
determine whether the record has such
value;
(7) To another agency or to an
instrumentality of any governmental
jurisdiction within or under the control
of the United States for a civil or
criminal law enforcement activity, if the
activity is authorized by law, and if the
head of the agency or instrumentality
has made a written request to the
Institute for such records specifying the
particular portion desired and the law
enforcement activity for which the
record is sought. The Institute also may
disclose such a record to a law
enforcement agency on its own
initiative in situations in which
criminal conduct is suspected, provided
that such disclosure has been
established as a routine use, or in
situations in which the misconduct is
directly related to the purpose for which
the record is maintained;
(8) To a person pursuant to a showing
of compelling circumstances affecting
the health or safety of an individual if,
upon such disclosure, notification is
transmitted to the last known address of
such individual;
(9) To either House of Congress, or, to
the extent of matter within its
jurisdictions, any committee or
subcommittee thereof, any joint
committee of Congress, or subcommittee
of any such joint committee;
(10) To the Comptroller General, or
any of his or her authorized
representatives, in the course of the
performance of official duties of the
General Accounting Office;
(11) To a consumer reporting agency
in accordance with 31 U.S.C. 3711(e); or
(12) Pursuant to an order of a court of
competent jurisdiction. In the event that
any record is disclosed under such
compulsory legal process, the Institute
shall make reasonable efforts to notify
the subject individual after the process
becomes a matter of public record.
(b) Before disseminating any record
about any individual to any person
other than an Institute employee, the
Institute shall make reasonable efforts to
ensure that such records are, or at the
time they were collected were, accurate,
complete, timely, and relevant for
Institute purposes. This paragraph (b)
does not apply to dissemination made
pursuant to the provisions of the
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Freedom of Information Act (5 U.S.C.
552) and paragraph (a)(2) of this section.
§ 1182.14 Procedures for maintaining
accounts of disclosures made by the
Institute from its systems of records.
(a) The Office of the General Counsel
shall maintain a log containing the date,
nature, and purpose of each disclosure
of a record to any person or to another
agency. Such accounting also shall
contain the name and address of the
person or agency to whom each
disclosure was made. This log need not
include disclosures made to Institute
employees in the course of their official
duties, or pursuant to the provisions of
the Freedom of Information Act (5
U.S.C. 552).
(b) The Institute shall retain the
accounting of each disclosure for at least
five years after the accounting is made
or for the life of the record that was
disclosed, whichever is longer.
(c) The Institute shall make the
accounting of disclosures of a record
pertaining to you available to you at
your request. Such a request should be
made in accordance with the procedures
set forth in § 1182.8. This paragraph (c)
does not apply to disclosures made for
law enforcement purposes under 5
U.S.C. 552a(b)(7) and § 1182.13(a)(7).
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§ 1182.15 Institute responsibility for
maintaining adequate technical, physical,
and security safeguards to prevent
unauthorized disclosure or destruction of
manual and automatic record systems.
The Chief Information Officer has the
responsibility of maintaining adequate
technical, physical, and security
safeguards to prevent unauthorized
disclosure or destruction of manual and
automatic record systems. These
security safeguards shall apply to all
systems in which identifiable personal
data are processed or maintained,
including all reports and outputs from
such systems that contain identifiable
personal information. Such safeguards
must be sufficient to prevent negligent,
accidental, or unintentional disclosure,
modification or destruction of any
personal records or data, and must
furthermore minimize, to the extent
practicable, the risk that skilled
technicians or knowledgeable persons
could improperly obtain access to
modify or destroy such records or data
and shall further insure against such
casual entry by unskilled persons
without official reasons for access to
such records or data.
(a) Manual systems. (1) Records
contained in a system of records as
defined in this part may be used, held,
or stored only where facilities are
adequate to prevent unauthorized access
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by persons within or outside the
Institute.
(2) All records, when not under the
personal control of the employees
authorized to use the records, must be
stored in a locked filing cabinet. Some
systems of records are not of such
confidential nature that their disclosure
would constitute a harm to an
individual who is the subject of such
record. However, records in this
category also shall be maintained in
locked filing cabinets or maintained in
a secured room with a locking door.
(3) Access to and use of a system of
records shall be permitted only to
persons whose duties require such
access within the Institute, for routine
uses as defined in § 1182.1 as to any
given system, or for such other uses as
may be provided in this part.
(4) Other than for access within the
Institute to persons needing such
records in the performance of their
official duties or routine uses as defined
in § 1182.1, or such other uses as
provided in this part, access to records
within a system of records shall be
permitted only to the individual to
whom the record pertains or upon his
or her written request to the General
Counsel.
(5) Access to areas where a system of
records is stored will be limited to those
persons whose duties require work in
such areas. There shall be an accounting
of the removal of any records from such
storage areas utilizing a log, as directed
by the Chief Information Officer. The
log shall be maintained at all times.
(6) The Institute shall ensure that all
persons whose duties require access to
and use of records contained in a system
of records are adequately trained to
protect the security and privacy of such
records.
(7) The disposal and destruction of
records within a system of records shall
be in accordance with rules
promulgated by the General Services
Administration.
(b) Automated systems. (1)
Identifiable personal information may
be processed, stored, or maintained by
automated data systems only where
facilities or conditions are adequate to
prevent unauthorized access to such
systems in any form. Whenever such
data, whether contained in punch cards,
magnetic tapes, or discs, are not under
the personal control of an authorized
person, such information must be stored
in a locked or secured room, or in such
other facility having greater safeguards
than those provided for in this part.
(2) Access to and use of identifiable
personal data associated with automated
data systems shall be limited to those
persons whose duties require such
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6379
access. Proper control of personal data
in any form associated with automated
data systems shall be maintained at all
times, including maintenance of
accountability records showing
disposition of input and output
documents.
(3) All persons whose duties require
access to processing and maintenance of
identifiable personal data and
automated systems shall be adequately
trained in the security and privacy of
personal data.
(4) The disposal and disposition of
identifiable personal data and
automated systems shall be done by
shredding, burning, or, in the case of
tapes or discs, degaussing, in
accordance with regulations of the
General Services Administration or
other appropriate authority.
§ 1182.16 Procedures to ensure that
Institute employees involved with its
systems of records are familiar with the
requirements and of the Privacy Act.
(a) The Director shall ensure that all
persons involved in the design,
development, operation, or maintenance
of any Institute system are informed of
all requirements necessary to protect the
privacy of subject individuals. The
Director also shall ensure that all
Institute employees having access to
records receive adequate training in
their protection, and that records have
adequate and proper storage with
sufficient security to assure the privacy
of such records.
(b) All employees shall be informed of
the civil remedies provided under 5
U.S.C. 552a(g)(1) and other implications
of the Privacy Act, and the fact that the
Institute may be subject to civil
remedies for failure to comply with the
provisions of the Privacy Act and the
regulations in this part.
§ 1182.17 Institute systems of records that
are covered by exemptions in the Privacy
Act.
(a) Pursuant to and limited by 5
U.S.C. 552a(j)(2), the Institute system
entitled ‘‘Office of the Inspector General
Investigative Files’’ shall be exempted
from the provisions of 5 U.S.C. 552a,
except for subsections (b); (c)(1) and (2);
(e)(4)(A) through (F); (e)(6), (7), (9), (10),
and (11); and (i), insofar as that Institute
system contains information pertaining
to criminal law enforcement
investigations.
(b) Pursuant to and limited by 5
U.S.C. 552a(k)(2), the Institute system
entitled ‘‘Office of the Inspector General
Investigative Files’’ shall be exempted
from 5 U.S.C. 552a(c)(3); (d); (e)(1);
(e)(4)(G), (H), and (I); and (f), insofar as
that Institute system consists of
investigatory material compiled for law
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Federal Register / Vol. 71, No. 26 / Wednesday, February 8, 2006 / Rules and Regulations
enforcement purposes, other than
material within the scope of the
exemption at 5 U.S.C. 552a(j)(2).
(c) The Institute system entitled
‘‘Office of the Inspector General
Investigative Files’’ is exempt from the
provisions of the Privacy Act noted in
this section because their application
might alert investigation subjects to the
existence or scope of investigations;
lead to suppression, alteration,
fabrication, or destruction of evidence;
disclose investigative techniques or
procedures; reduce the cooperativeness
or safety of witnesses; or otherwise
impair investigations.
§ 1182.18 Penalties for obtaining an
Institute record under false pretenses.
(a) Under 5 U.S.C. 552a(i)(3), any
person who knowingly and willfully
requests or obtains any record from the
Institute concerning an individual
under false pretenses shall be guilty of
a misdemeanor and fined not more than
$5,000.
(b) A person who falsely or
fraudulently attempts to obtain records
under the Privacy Act also may be
subject to prosecution under other
statutes, including 18 U.S.C. 494, 495,
and 1001.
§ 1182.19 Restrictions that exist regarding
the release of mailing lists.
The Institute may not sell or rent an
individual’s name and address unless
such action specifically is authorized by
law. This section shall not be construed
to require the withholding of names and
addresses otherwise permitted to be
made public.
[FR Doc. 06–1122 Filed 2–7–06; 8:45am]
BILLING CODE 7036–01–M
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 1
[FCC 06–6]
Amendment of the Commission’s
Rules Regarding Petitions for Review
Federal Communications
Commission.
ACTION: Final rule.
rmajette on PROD1PC67 with RULES1
AGENCY:
SUMMARY: The Commission amends its
regulations relating to the procedures to
be followed when parties appealing
Commission actions file in different
courts of appeals. If within ten days
after issuance of an order, the
Commission receives two or more
petitions for review filed with different
courts of appeals, it is required to notify
the judicial panel on multidistrict
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15:23 Feb 07, 2006
Jkt 208001
litigation, which then randomly selects
one of those courts of appeals to
consider the petitions for review. The
Commission’s regulations implement
this provision by specifying that a party
wishing to avail itself of these
procedures must, within ten days after
issuance of an order, file with the
Commission’s Office of General Counsel
a copy of its petition for review as filed
and date-stamped by the court of
appeals. This amendment conforms the
Commission’s regulations to the Federal
Rules of Appellate Procedure by
providing that weekends and holidays
will not be included when counting this
ten-day period.
DATES: Effective March 10, 2006.
FOR FURTHER INFORMATION CONTACT:
David S. Senzel, Office of General
Counsel (202) 418–1720.
SUPPLEMENTARY INFORMATION: This is a
summary of the Commission’s Order,
FCC 06–6, adopted on January 24, 2006,
and released January 26, 2006. The full
text of the Order is available for
inspection and copying during normal
business hours in the FCC Reference
Information Center, Portals II, 445 12th
Street, SW., Room CY–A257,
Washington, DC 20554. Copies of filings
may be purchased from the
Commission’s copy contractor, Best
Copy and Printing, Inc., Portals II. 445
12th Street, SW., Room CY–B402,
Washington, DC 20554, telephone (202)
488–5300, facsimile (202) 488–5563,
TTY (202) 488–5562, e-mail
fcc@bcpiweb.com, Web site https://
www.bcpiweb.com. This document may
also be viewed on the Commission’s
Internet Web at https://hraunfoss.fcc.gov/
edocs_public/attachmatch/FCC-066A1.pdf.
Accessible formats (computer
diskettes, large print, audio recording
and Braille) are available to persons
with disabilities by contacting the
Consumer & Governmental Affairs
Bureau, at (202) 418–0531, TTY (202)
418–7365, or at fcc504@fcc.gov.
Summary of Order
1. By this order, the Commission
amends 47 CFR 1.13(a)(2) to eliminate
an inconsistency with the Federal Rules
of Appellate Procedure (Federal Rules)
that arose as a result of the 2002
amendments to the Federal Rules.
Section 1.13 of the Commission’s rules
implements the provisions of 28 U.S.C.
2112. That statutory provision, in
relevant part, is applicable to situations
where different parties seeking review
of the same agency order file petitions
for review in different courts of appeals.
Under 28 U.S.C. 2112(a), if, ‘‘within ten
days after issuance of the order,’’ an
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agency receives two or more petitions
for review filed with different courts of
appeals, that agency is required to notify
the judicial panel on multidistrict
litigation, which then randomly selects
one of those courts of appeals to
consider the petitions for review.
Section 1.13(a)(1) of the Commission’s
rules implements this provision by
specifying that a party wishing to avail
itself of these procedures must, within
ten days after issuance of an order, file
with the Commission’s Office of General
Counsel (OGC) a copy of its petition for
review as filed and date-stamped by the
court of appeals with which it was filed.
2. The inconsistency which the
Commission corrects by this order
concerns the manner in which the tenday period for filing petitions with OGC
is computed. Section 1.13(a)(2) of the
Commission’s Rules provides that
‘‘[c]omputation of time of the ten-day
period for filing copies of petitions for
review shall be governed by § 1.4 of the
Commission’s Rules.’’ Section 1.4(g), in
turn, sets forth the general Commission
rule that, unless otherwise provided,
intermediate holidays shall not be
counted only in determining filing
periods of less than seven days. The
term holidays is defined to include
Saturdays, Sundays, other recognized
Federal legal holidays, and other days
on which the Commission’s offices are
closed. 47 CFR. 1.4(e).
3. Because the period for filing
petitions for review with OGC pursuant
to 28 U.S.C. 2112(a) for invoking the
random selection process is not less
than seven days, weekends and holidays
would appear to be counted in
determining the ten-day period under
existing § 1.13 of the Commission’s
rules. Such a determination, however,
conflicts with current Federal Rule of
Appellate Procedure 26(a)(2). That rule
applies ‘‘in computing any period of
time specified in these rules or in any
local court rule, court order, or
applicable statute,’’ and now states that
computations must ‘‘[e]xclude
intermediate Saturdays, Sundays, and
legal holidays when the period is less
than 11 days, unless stated in calendar
days.’’ 1 Thus, Rule 26(a)(2), in contrast
to existing 47 CFR 1.13, excludes
weekends and holidays in making the
relevant ten-day computation under 28
U.S.C. 2112. Because the Commission’s
Rules should be consistent with, rather
than conflict with, the Federal Rules of
Appellate Procedure, the Commission
amends § 1.13(a)(2) to replace the
1 Prior to amendments made in 2002, Rule
26(a)(2), consistent with existing § 1.13, provided
that weekends and holidays would be excluded
when ‘‘the period is less than 7 days, unless stated
in calendar days.’’
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]]>Agencies
[Federal Register Volume 71, Number 26 (Wednesday, February 8, 2006)]
[Rules and Regulations]
[Pages 6374-6380]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-1122]
-----------------------------------------------------------------------
NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES
45 CFR Part 1182
3137-AA17
Institute of Museum and Library Services; Implementation of the
Privacy Act of 1974
AGENCY: Institute of Museum and Library Services (IMLS), NFAH.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Institute of Museum and Library Services (Institute) has
amended its Privacy Act regulations to reflect administrative changes
at the agency and to conform to the President's Memorandum of June 1,
1998--Plain Language in Government Writing. These regulations establish
procedures by which an individual may determine whether a system of
records maintained by the Institute contains a record pertaining to him
or her; gain access to such records; and request correction or
amendment of such records. These regulations also establish exemptions
from certain Privacy Act requirements for all or part of certain
systems of records maintained by the Institute.
EFFECTIVE DATE: February 2, 2006.
FOR FURTHER INFORMATION CONTACT: Nancy E. Weiss, General Counsel,
Institute of Museum and Library Services, 1800 M Street, NW., Ninth
Floor, Washington, DC 20036. E-mail: nweiss@imls.gov. Telephone: (202)
653-4787. Facsimile: (202) 653-4625.
SUPPLEMENTARY INFORMATION: The Institute operates as part of the
National Foundation on the Arts and the Humanities under the National
Foundation on the Arts and the Humanities Act of 1965, as amended (20
U.S.C. 951 et seq.) The corresponding regulations published at 45 CFR
Chapter XI, Subchapter A apply to the entire Foundation, while the
regulations published at 45 CFR Chapter XI, Subchapter E apply only to
the Institute. The proposed rule was published by the Institute in the
Federal Register on November 23, 2005. The Institute received no
comments suggesting changes to the text of the rule.
This final rule adds Privacy Act regulations to Subchapter E (45
CFR part 1182), replacing the existing regulations in Subchapter A (45
CFR part 1115) with regard to the Institute. The new regulations
provide additional detail concerning several provisions of the Privacy
Act, and are intended to increase understanding of the Institute's
Privacy Act policies. The Institute is authorized to propose the new
regulations under 5 U.S.C. 552a(f) of the Privacy Act.
I. Matters of Regulatory Procedure
Regulatory Planning and Review (E.O. 12866)
Under Executive Order 12866, the Institute must determine whether
the regulatory action is ``significant'' and therefore subject to OMB
review and the requirements of the Executive order. The Order defines a
``significant regulatory action'' as one that is likely to result in a
rule that may: (1) Have an annual effect on the economy of $100 million
or more or adversely affect in a
[[Page 6375]]
material way the economy, a sector of the economy, productivity,
competition, jobs, the environment, public health or safety, or State,
local, or tribal governments or communities; (2) create a serious
inconsistency or otherwise interfere with an action taken or planned by
another agency; (3) materially alter the budgetary impact of
entitlements, grants, user fees, or loan programs or the rights and
obligations of recipients thereof; (4) raise novel legal or policy
issues arising out of legal mandates, the President's priorities, or
the principles set forth in the Executive Order.
The rules add Privacy Act regulations to Subchapter E (45 CFR part
1182), replacing the existing regulations in Subchapter A (45 CFR part
1115) with regard to the Institute. The new regulations provide
additional detail concerning several provisions of the Privacy Act, and
are intended to increase understanding of the Institute's Privacy Act
policies. As such, it does not impose a compliance burden on the
economy generally or on any person or entity. Accordingly, this rule is
not a ``significant regulatory action'' from an economic standpoint,
and it does not otherwise create any inconsistencies or budgetary
impacts to any other agency or Federal Program.
Regulatory Flexibility Act
Because this rule adds Privacy Act regulations to Subchapter E (45
CFR part 1182), replacing the existing regulations in Subchapter A (45
CFR part 1115) with regard to the Institute, the Institute has
determined in Regulatory Flexibility Act (5 U.S.C. 601 et seq.) review
that this rule will not have a significant economic impact on a
substantital number of small entities.
Paperwork Reduction Act
This rule is exempt from the requirements of the Paperwork
Reduction Act, since it adds Privacy Act regulations to Subchapter E
(45 CFR part 1182), replacing the existing regulations in Subchapter A
(45 CFR part 1115) with regard to the Institute. An OMB form 83-1 is
not required.
Unfunded Mandates Reform Act
For purposes of the Unfunded Mandates Reform Act of 1995 (2 U.S.C.
chapter 25, subchapter II), this rule will not significantly or
uniquely affect small governments and will not result in increased
expenditures by State, local, and tribal governments, or by the private
sector, of $100 million or more as adjusted for inflation) in any one
year.
Small Business Regulatory Enforcement Fairness Act (SBREFA)
This rule is not a major rule under 5 U.S.C. 804(2), the Small
Business Regulatory Enforcement Fairness Act. This rule:
a. Does not have an annual effect on the economy of $100 million or
more.
b. Will not cause a major increase in costs or prices for
consumers, individuals industries, Federal, State, or local government
agencies, or geographic regions.
c. Does not have significant adverse effects on competition,
employment, investment, productivity, innovation, or the ability of
U.S.-based enterprises to compete with foreign-based enterprises.
Takings (E.O. 12630)
In accordance with Executive Order 12630, the rule does not have
significant takings implications. No rights, property or compensation
has been, or will be taken. A takings implication assessment is not
required.
Federalism (E.O. 13132)
In accordance with Executive Order 13132, this rule does not have
federalism implications that warrant the preparation of a federalism
assessment.
Civil Justice Reform (E.O. 12988)
In accordance with Executive Order 12988, the Institute has
determined that this rule does not unduly burden the judicial system
and meets the requirements of sections 3(a) and 3(b)(2) of the Order.
Consultation With Indian tribes (E.O. 13175)
In accordance with Executive Order 13175, the Institute has
evaluated this rule and determined that it has no potential negative
effects on federally recognized Indian tribes.
National Environmental Policy Act
This final rule does not constitute a major Federal action
significantly affecting the quality of the human environment.
List of Subjects in 45 CFR Part 1182
Privacy.
Dated: February 2, 2006.
Nancy E. Weiss,
General Counsel, Institute of Museum and Library Services.
0
For the reasons stated in the preamble, the Institute amends Title 45,
Code of Federal Regulations, Subchapter E, by adding Part 1182 to read
as follows:
PART 1182--IMPLEMENTATION OF THE PRIVACY ACT OF 1974
Sec.
1182.1 Purpose and scope of these regulations.
1182.2 Definitions.
1182.3 Inquiries about the Institute's systems of records or
implementation of the Privacy Act.
1182.4 Procedures for notifying the public of the Institute's
systems of records.
1182.5 Procedures for notifying government entities of the
Institute's proposed changes to its systems of records.
1182.6 Limits that exist as to the contents of the Institute's
systems of records.
1182.7 Institute procedures for collecting information from
individuals for its records.
1182.8 Procedures for acquiring access to Institute records
pertaining to an individual.
1182.9 Identification required when requesting access to Institute
records pertaining to an individual.
1182.10 Procedures for amending or correcting an individual's
Institute record.
1182.11 Procedures for appealing a refusal to amend or correct an
Institute record.
1182.12 Fees charged to locate, review, or copy records.
1182.13 Policies and procedures for Institute disclosure of its
records.
1182.14 Procedures for maintaining accounts of disclosures made by
the Institute from its systems of records.
1182.15 Institute responsibility for maintaining adequate technical,
physical, and security safeguards to prevent unauthorized disclosure
or destruction of manual and automatic record systems.
1182.16 Procedures to ensure that Institute employees involved with
its systems of records are familiar with the requirements and of the
Privacy Act.
1182.17 Institute systems of records that are covered by exemptions
in the Privacy Act.
1182.18 Penalties for obtaining an Institute record under false
pretenses.
1182.19 Restrictions that exist regarding the release of mailing
lists.
Authority: 5 U.S.C. 552a(f).
Sec. 1182.1 Purpose and scope of these regulations.
The regulations in this part set forth the Institute's procedures
under the Privacy Act, as required by 5 U.S.C. 552a(f), with respect to
systems of records maintained by the Institute. These regulations
establish procedures by which an individual may exercise the rights
granted by the Privacy Act to determine whether an Institute system
contains a record pertaining to him or her; to gain access to such
records; and to request correction or amendment of such records. These
regulations also set identification requirements, prescribe fees to be
charged for copying records,
[[Page 6376]]
and establish exemptions from certain requirements of the Act for
certain Institute systems or components thereof:
Sec. 1182.2 Definitions.
The definitions of the Privacy Act apply to this part. In addition,
as used in this part:
(a) Agency means any executive department, military department,
government corporation, or other establishment in the executive branch
of the Federal government, including the Executive Office of the
President or any independent regulatory agency.
(b) Business day means a calendar day, excluding Saturdays,
Sundays, and legal public holidays.
(c) Director means the Director of the Institute, or his or her
designee;
(d) General Counsel means the General Counsel of the Institute, or
his or her designee.
(e) Individual means any citizen of the United States or an alien
lawfully admitted for permanent residence;
(f) Institute means the Institute of Museum and Library Services;
(g) Institute system means a system of records maintained by the
Institute;
(h) Maintain means to collect, use, store, or disseminate records,
as well as any combination of these recordkeeping functions. The term
also includes exercise of control over and, therefore, responsibility
and accountability for, systems of records;
(i) Privacy Act or Act means the Privacy Act of 1974, as amended (5
U.S.C. 552a);
(j) Record means any item, collection, or grouping of information
about an individual that is maintained by an agency and contains the
individual's name or another identifying particular, such as a number
or symbol assigned to the individual, or his or her fingerprint, voice
print, or photograph. The term includes, but is not limited to,
information regarding an individual's education, financial
transactions, medical history, and criminal or employment history;
(k) Routine use means, with respect to the disclosure of a record,
the use of a record for a purpose that is compatible with the purpose
for which it was collected;
(l) Subject individual means the individual to whom a record
pertains. Uses of the terms ``I'', ``you'', ``me'', and other
references to the reader of the regulations in this part are meant to
apply to subject individuals as defined in this paragraph (l); and
(m) System of records means a group of records under the control of
any agency from which information is retrieved by use of the name of
the individual or by some number, symbol, or other identifying
particular assigned to the individual.
Sec. 1182.3 Inquiries about the Institute's systems of records or
implementation of the Privacy Act.
Inquiries about the Institute's systems of records or
implementation of the Privacy Act should be sent to the following
address: Institute of Museum and Library Services; Office of the
General Counsel; 1800 M Street, NW., 9th Floor, Washington, DC 20036.
Sec. 1182.4 Procedures for notifying the public of the Institute's
systems of records.
(a) From time to time, the Institute shall review its systems of
records in the Federal Register, and publish, if necessary, any
amendments to those systems of records. Such publication shall not be
made for those systems of records maintained by other agencies while in
the temporary custody of the Institute.
(b) At least 30 days prior to publication of information under
paragraph (a) of this section, the Institute shall publish in the
Federal Register a notice of its intention to establish any new routine
uses of any of its systems of records, thereby providing the public an
opportunity to comment on such uses. This notice published by the
Institute shall contain the following:
(1) The name of the system of records for which the routine use is
to be established;
(2) The authority for the system;
(3) The purpose for which the record is to be maintained;
(4) The proposed routine use(s);
(5) The purpose of the routine use(s); and
(6) The categories of recipients of such use.
(c) Any request for additions to the routine uses of Institute
systems should be sent to the Office of the General Counsel (see Sec.
1182.3).
(d) Any individual who wishes to know whether an Institute system
contains a record pertaining to him or her should write to the Office
of the General Counsel (see Sec. 1182.3). Such individuals may also
call the Office of the General Counsel at (202) 653-4787 on business
days, between the hours of 9 a.m. and 5 p.m., to schedule an
appointment to make an inquiry in person. Inquiries should be presented
in writing and should specifically identify the Institute systems
involved. The Institute will attempt to respond to an inquiry regarding
whether a record exists within 10 business days of receiving the
inquiry.
Sec. 1182.5 Procedures for notifying government entities of the
Institute's proposed changes to its systems of records.
When the Institute proposes to establish or significantly change
any of its systems of records, it shall provide adequate advance notice
of such proposal to the Committee on Government Reform of the House of
Representatives, the Committee on Governmental Affairs of the Senate,
and the Office of Management and Budget (OMB), in order to permit an
evaluation of the probable or potential effect of such proposal on the
privacy or other rights of individuals. This report will be submitted
in accordance with guidelines provided by the OMB.
Sec. 1182.6 Limits that exist as to the contents of the Institute's
systems of records.
(a) The Institute shall maintain only such information about an
individual as is relevant and necessary to accomplish a purpose of the
agency required by statute or by executive order of the President. In
addition, the Institute shall maintain all records that are used in
making determinations about any individual with such accuracy,
relevance, timeliness, and completeness as is reasonably necessary to
ensure fairness to that individual in the making of any determination
about him or her. However, the Institute shall not be required to
update retired records.
(b) The Institute shall not maintain any record about any
individual with respect to or describing how such individual exercises
rights guaranteed by the First Amendment of the Constitution of the
United States, unless expressly authorized by statute or by the subject
individual, or unless pertinent to and within the scope of an
authorized law enforcement activity.
Sec. 1182.7 Institute procedures for collecting information from
individuals for its records.
The Institute shall collect information, to the greatest extent
practicable, directly from you when the information may result in
adverse determinations about your rights, benefits, or privileges under
Federal programs. In addition, the Institute shall inform you of the
following, either on the form it uses to collect the information or on
a separate form that you can retain, when it asks you to supply
information:
(a) The statutory or executive order authority that authorizes the
solicitation of the information;
(b) Whether disclosure of such information is mandatory or
voluntary;
(c) The principal purpose(s) for which the information is intended
to be used;
[[Page 6377]]
(d) The routine uses that may be made of the information, as
published pursuant to Sec. 1182.4; and
(e) Any effects on you of not providing all or any part of the
required or requested information.
Sec. 1182.8 Procedures for acquiring access to Institute records
pertaining to an individual.
The following procedures apply to records that are contained in an
Institute system:
(a) You may request review of records pertaining to you by writing
to the Office of the General Counsel (see Sec. 1182.3). You also may
call the Office of the General Counsel at (202) 653-4787 on business
days, between the hours of 9 a.m. and 5 p.m., to schedule an
appointment to make such a request in person. A request for records
should be presented in writing and should identify specifically the
Institute systems involved.
(b) Access to the record, or to any other information pertaining to
you that is contained in the system shall be provided if the
identification requirements of Sec. 1182.9 are satisfied and the
record is determined otherwise to be releasable under the Privacy Act
and these regulations. The Institute shall provide you an opportunity
to have a copy made of any such record about you. Only one copy of each
requested record will be supplied, based on the fee schedule in Sec.
1182.12.
(c) The Institute will comply promptly with requests made in person
at scheduled appointments, if the requirements of this section are met
and the records sought are immediately available. The institute will
acknowledge, within 10 business days, mailed requests or personal
requests for documents that are not immediately available, and the
information requested will be provided promptly thereafter.
(d) If you make your request in person at a scheduled appointment,
you may, upon your request, be accompanied by a person of your choice
to review your record. The Institute may require that you furnish a
written statement authorizing discussion of your record in the
accompanying person's presence. A record may be disclosed to a
representative chosen by you upon your proper written consent.
(e) Medical or psychological records pertaining to you shall be
disclosed to you unless, in the judgment of the Institute, access to
such records might have an adverse effect upon you. When such a
determination has been made, the Institute may refuse to disclose such
information directly to you. The Institute will, however, disclose this
information to a licensed physician designated by you in writing.
Sec. 1182.9 Identification required when requesting access to
Institute records pertaining to an individual.
The Institute shall require reasonable identification of all
individuals who request access to records in an Institute system to
ensure that they are disclosed to the proper person.
(a) The amount of personal identification required will of
necessity vary with the sensitivity of the record involved. In general,
if you request disclosure in person, you shall be required to show an
identification card, such as a driver's license, containing your
photograph and sample signature. However, with regard to records in
Institute systems that contain particularly sensitive and/or detailed
personal information, the Institute reserves the right to require
additional means of identification as are appropriate under the
circumstances. These means include, but are not limited to, requiring
you to sign a statement under oath as to your identity, acknowledging
that you are aware of the penalties for improper disclosure under the
provisions of the Privacy Act.
(b) If you request disclosure by mail, the Institute will request
such information as may be necessary to ensure that you are properly
identified. Authorized means to achieve this goal include, but are not
limited to, requiring that a mail request include certification that a
duly commissioned notary public of any State or territory (or a similar
official, if the request is made outside of the United States) received
an acknowledgment of identity from you.
(c) If you are unable to provide suitable documentation or
identification, the Institute may require a signed, notarized statement
asserting your identity and stipulating that you understand that
knowingly or willfully seeking or obtaining access to records about
another person under false pretenses is punishable by a fine of up to
$5,000.
Sec. 1182.10 Procedures for amending or correcting an individual's
Institute record.
(a) You are entitled to request amendments to or corrections of
records pertaining to you pursuant to the provisions of the Privacy
Act, including 5 U.S.C. 552a(d)(2). Such a request should be made in
writing and addressed to the Office of the General Counsel (see Sec.
1182.3).
(b) Your request for amendments or corrections should specify the
following:
(1) The particular record that you are seeking to amend or correct;
(2) The Institute system from which the record was retrieved;
(3) The precise correction or amendment you desire, preferably in
the form of an edited copy of the record reflecting the desired
modification; and
(4) Your reasons for requesting amendment or correction of the
record.
(c) The Institute will acknowledge a request for amendment or
correction of a record within 10 business days of its receipt, unless
the request can be processed and the individual informed of the General
Counsel's decision on the request within that 10-day period.
(d) If after receiving and investigating your request, the General
Counsel agrees that the record is not accurate, timely, or complete,
based on a preponderance of the evidence, then the record will be
corrected or amended promptly. The record will be deleted without
regard to its accuracy, if the record is not relevant or necessary to
accomplish the Institute function for which the record was provided or
is maintained. In either case, you will be informed in writing of the
amendment, correction, or deletion. In addition, if accounting was made
of prior disclosures of the record, all previous recipients of the
record will be informed of the corrective action taken.
(e) If after receiving and investigating your request, the General
Counsel does not agree that the record should be amended or corrected,
you will be informed promptly in writing of the refusal to amend or
correct the record and the reason for this decision. You also will be
informed that you may appeal this refusal in accordance with Sec.
1182.11.
(f) Requests to amend or correct a record governed by the
regulations of another agency will be forwarded to such agency for
processing, and you will be informed in writing of this referral.
Sec. 1182.11 Procedures for appealing a refusal to amend or correct
an Institute record.
(a) You may appeal a refusal to amend or correct a record to the
Director. Such appeal must be made in writing within 10 business days
of your receipt of the initial refusal to amend or correct your record.
Your appeal should be sent to the Office of the General Counsel (see
Sec. 1182.3), should indicate that it is an appeal, and should include
the basis for the appeal.
(b) The Director will review your request to amend or correct the
record, the General Counsel's refusal, and any other pertinent material
relating to the appeal. No hearing will be held.
(c) The Director shall render his or her decision on your appeal
within 30
[[Page 6378]]
business days of its receipt by the Institute, unless the Director, for
good cause shown, extends the 30-day period. Should the Director extend
the appeal period, you will be informed in writing of the extension and
the circumstances of the delay.
(d) If the Director determines that the record that is the subject
of the appeal should be amended or corrected, the record will be so
modified, and you will be informed in writing of the amendment or
correction. Where an accounting was made of prior disclosures of the
record, all previous recipients of the record will be informed of the
corrective action taken.
(e) If your appeal is denied, you will be informed in writing of
the following:
(1) The denial and the reasons for the denial;
(2) That you may submit to the Institute a concise statement
setting forth the reasons for your disagreement as to the disputed
record. Under the procedures set forth in paragraph (f) of this
section, your statement will be disclosed whenever the disputed record
is disclosed; and
(3) That you may seek judicial review of the Director's
determination under 5 U.S.C. 552a(g)(1)(a).
(f) Whenever you submit a statement of disagreement to the
Institute in accordance with paragraph (e)(2) of this section, the
record will be annotated to indicate that it is disputed. In any
subsequent disclosure, a copy of your statement of disagreement will be
disclosed with the record. If the Institute deems it appropriate, a
concise statement of the Director's reasons for denying our appeal also
may be disclosed with the record. While you will have access to this
statement of the Director's reasons for denying your appeal, such
statement will not be subject to correction or amendment. Where an
accounting was made of prior disclosures of the record, all previous
recipients of the record will be provided a copy of your statement of
disagreement, as well as any statement of the Director's reasons for
denying your appeal.
Sec. 1182.12 Fees charged to locate, review, or copy records.
(a) The Institute shall charge no fees for search time or for any
other time expended by the Institute to review a record. However, the
Institute may charge fees where you request that a copy be made of a
record to which you have been granted access. Where a copy of the
record must be made in order to provide access to the record (e.g.,
computer printout where no screen reading is available), the copy will
be made available to you without cost.
(b) Copies of records made by photocopy or similar process will be
charged to you at the rate of $0.10 per page. Where records are not
susceptible to photocopying (e.g., punch cards, magnetic tapes, or
oversize materials), you will be charged actual cost as determined on a
case-by-case basis. A copying fee totaling $3.00 or less shall be
waived, but the copying fees for contemporaneous requests by the same
individual shall be aggregated to determine the total fee.
(c) Special and additional services provided at your request, such
as certification or authentication, postal insurance, and special
mailing arrangement costs, will be charged to you.
(d) A copying fee shall not be charged or, alternatively, it may be
reduced, when the General Counsel determines, based on a petition, that
the petitioning individual is indigent and that the Institute's
resources permit a waiver of all or part of the fee.
(e) All fees shall be paid before any copying request is
undertaken. Payments shall be made by check or money order payable to
the ``Institute of Museum and Library Services.''
Sec. 1182.13 Policies and procedures for Institute disclosure of its
records.
(a) The Institute not disclose any record that is contained in a
system of records to any person or to another agency, except pursuant
to a written request by or with the prior written consent of the
subject individual, unless disclosure of the record is:
(1) To those officers or employees of the Institute who maintain
the record and who have a need for the record in the performance of
their official duties;
(2) Required under the provisions of the Freedom of Information Act
(5 U.S.C. 552). Records required to be made available by the Freedom of
Information Act will be released in response to a request to the
Institute formulated in accordance with the National Foundation on the
Arts and the Humanities regulations published at 45 CFR part 1100;
(3) For a routine use as published in the annual notice in the
Federal Register;
(4) To the Census Bureau for purpose of planning or carrying out a
census; survey, or related activity pursuant to the provisions of Title
13 of the United States Code;
(5) To a recipient who has provided the Institute with adequate
advance written assurance that the record will be used solely as a
statistical research or reporting record, and the record is to be
transferred in a form that is not individually identifiable;
(6) To the National Archives and Records Administration as a record
that has sufficient historical or other value to warrant its continued
preservation by the United States government, or for evaluation by the
Archivist of the United States, or his or her designee, to determine
whether the record has such value;
(7) To another agency or to an instrumentality of any governmental
jurisdiction within or under the control of the United States for a
civil or criminal law enforcement activity, if the activity is
authorized by law, and if the head of the agency or instrumentality has
made a written request to the Institute for such records specifying the
particular portion desired and the law enforcement activity for which
the record is sought. The Institute also may disclose such a record to
a law enforcement agency on its own initiative in situations in which
criminal conduct is suspected, provided that such disclosure has been
established as a routine use, or in situations in which the misconduct
is directly related to the purpose for which the record is maintained;
(8) To a person pursuant to a showing of compelling circumstances
affecting the health or safety of an individual if, upon such
disclosure, notification is transmitted to the last known address of
such individual;
(9) To either House of Congress, or, to the extent of matter within
its jurisdictions, any committee or subcommittee thereof, any joint
committee of Congress, or subcommittee of any such joint committee;
(10) To the Comptroller General, or any of his or her authorized
representatives, in the course of the performance of official duties of
the General Accounting Office;
(11) To a consumer reporting agency in accordance with 31 U.S.C.
3711(e); or
(12) Pursuant to an order of a court of competent jurisdiction. In
the event that any record is disclosed under such compulsory legal
process, the Institute shall make reasonable efforts to notify the
subject individual after the process becomes a matter of public record.
(b) Before disseminating any record about any individual to any
person other than an Institute employee, the Institute shall make
reasonable efforts to ensure that such records are, or at the time they
were collected were, accurate, complete, timely, and relevant for
Institute purposes. This paragraph (b) does not apply to dissemination
made pursuant to the provisions of the
[[Page 6379]]
Freedom of Information Act (5 U.S.C. 552) and paragraph (a)(2) of this
section.
Sec. 1182.14 Procedures for maintaining accounts of disclosures made
by the Institute from its systems of records.
(a) The Office of the General Counsel shall maintain a log
containing the date, nature, and purpose of each disclosure of a record
to any person or to another agency. Such accounting also shall contain
the name and address of the person or agency to whom each disclosure
was made. This log need not include disclosures made to Institute
employees in the course of their official duties, or pursuant to the
provisions of the Freedom of Information Act (5 U.S.C. 552).
(b) The Institute shall retain the accounting of each disclosure
for at least five years after the accounting is made or for the life of
the record that was disclosed, whichever is longer.
(c) The Institute shall make the accounting of disclosures of a
record pertaining to you available to you at your request. Such a
request should be made in accordance with the procedures set forth in
Sec. 1182.8. This paragraph (c) does not apply to disclosures made for
law enforcement purposes under 5 U.S.C. 552a(b)(7) and Sec.
1182.13(a)(7).
Sec. 1182.15 Institute responsibility for maintaining adequate
technical, physical, and security safeguards to prevent unauthorized
disclosure or destruction of manual and automatic record systems.
The Chief Information Officer has the responsibility of maintaining
adequate technical, physical, and security safeguards to prevent
unauthorized disclosure or destruction of manual and automatic record
systems. These security safeguards shall apply to all systems in which
identifiable personal data are processed or maintained, including all
reports and outputs from such systems that contain identifiable
personal information. Such safeguards must be sufficient to prevent
negligent, accidental, or unintentional disclosure, modification or
destruction of any personal records or data, and must furthermore
minimize, to the extent practicable, the risk that skilled technicians
or knowledgeable persons could improperly obtain access to modify or
destroy such records or data and shall further insure against such
casual entry by unskilled persons without official reasons for access
to such records or data.
(a) Manual systems. (1) Records contained in a system of records as
defined in this part may be used, held, or stored only where facilities
are adequate to prevent unauthorized access by persons within or
outside the Institute.
(2) All records, when not under the personal control of the
employees authorized to use the records, must be stored in a locked
filing cabinet. Some systems of records are not of such confidential
nature that their disclosure would constitute a harm to an individual
who is the subject of such record. However, records in this category
also shall be maintained in locked filing cabinets or maintained in a
secured room with a locking door.
(3) Access to and use of a system of records shall be permitted
only to persons whose duties require such access within the Institute,
for routine uses as defined in Sec. 1182.1 as to any given system, or
for such other uses as may be provided in this part.
(4) Other than for access within the Institute to persons needing
such records in the performance of their official duties or routine
uses as defined in Sec. 1182.1, or such other uses as provided in this
part, access to records within a system of records shall be permitted
only to the individual to whom the record pertains or upon his or her
written request to the General Counsel.
(5) Access to areas where a system of records is stored will be
limited to those persons whose duties require work in such areas. There
shall be an accounting of the removal of any records from such storage
areas utilizing a log, as directed by the Chief Information Officer.
The log shall be maintained at all times.
(6) The Institute shall ensure that all persons whose duties
require access to and use of records contained in a system of records
are adequately trained to protect the security and privacy of such
records.
(7) The disposal and destruction of records within a system of
records shall be in accordance with rules promulgated by the General
Services Administration.
(b) Automated systems. (1) Identifiable personal information may be
processed, stored, or maintained by automated data systems only where
facilities or conditions are adequate to prevent unauthorized access to
such systems in any form. Whenever such data, whether contained in
punch cards, magnetic tapes, or discs, are not under the personal
control of an authorized person, such information must be stored in a
locked or secured room, or in such other facility having greater
safeguards than those provided for in this part.
(2) Access to and use of identifiable personal data associated with
automated data systems shall be limited to those persons whose duties
require such access. Proper control of personal data in any form
associated with automated data systems shall be maintained at all
times, including maintenance of accountability records showing
disposition of input and output documents.
(3) All persons whose duties require access to processing and
maintenance of identifiable personal data and automated systems shall
be adequately trained in the security and privacy of personal data.
(4) The disposal and disposition of identifiable personal data and
automated systems shall be done by shredding, burning, or, in the case
of tapes or discs, degaussing, in accordance with regulations of the
General Services Administration or other appropriate authority.
Sec. 1182.16 Procedures to ensure that Institute employees involved
with its systems of records are familiar with the requirements and of
the Privacy Act.
(a) The Director shall ensure that all persons involved in the
design, development, operation, or maintenance of any Institute system
are informed of all requirements necessary to protect the privacy of
subject individuals. The Director also shall ensure that all Institute
employees having access to records receive adequate training in their
protection, and that records have adequate and proper storage with
sufficient security to assure the privacy of such records.
(b) All employees shall be informed of the civil remedies provided
under 5 U.S.C. 552a(g)(1) and other implications of the Privacy Act,
and the fact that the Institute may be subject to civil remedies for
failure to comply with the provisions of the Privacy Act and the
regulations in this part.
Sec. 1182.17 Institute systems of records that are covered by
exemptions in the Privacy Act.
(a) Pursuant to and limited by 5 U.S.C. 552a(j)(2), the Institute
system entitled ``Office of the Inspector General Investigative Files''
shall be exempted from the provisions of 5 U.S.C. 552a, except for
subsections (b); (c)(1) and (2); (e)(4)(A) through (F); (e)(6), (7),
(9), (10), and (11); and (i), insofar as that Institute system contains
information pertaining to criminal law enforcement investigations.
(b) Pursuant to and limited by 5 U.S.C. 552a(k)(2), the Institute
system entitled ``Office of the Inspector General Investigative Files''
shall be exempted from 5 U.S.C. 552a(c)(3); (d); (e)(1); (e)(4)(G),
(H), and (I); and (f), insofar as that Institute system consists of
investigatory material compiled for law
[[Page 6380]]
enforcement purposes, other than material within the scope of the
exemption at 5 U.S.C. 552a(j)(2).
(c) The Institute system entitled ``Office of the Inspector General
Investigative Files'' is exempt from the provisions of the Privacy Act
noted in this section because their application might alert
investigation subjects to the existence or scope of investigations;
lead to suppression, alteration, fabrication, or destruction of
evidence; disclose investigative techniques or procedures; reduce the
cooperativeness or safety of witnesses; or otherwise impair
investigations.
Sec. 1182.18 Penalties for obtaining an Institute record under false
pretenses.
(a) Under 5 U.S.C. 552a(i)(3), any person who knowingly and
willfully requests or obtains any record from the Institute concerning
an individual under false pretenses shall be guilty of a misdemeanor
and fined not more than $5,000.
(b) A person who falsely or fraudulently attempts to obtain records
under the Privacy Act also may be subject to prosecution under other
statutes, including 18 U.S.C. 494, 495, and 1001.
Sec. 1182.19 Restrictions that exist regarding the release of mailing
lists.
The Institute may not sell or rent an individual's name and address
unless such action specifically is authorized by law. This section
shall not be construed to require the withholding of names and
addresses otherwise permitted to be made public.
[FR Doc. 06-1122 Filed 2-7-06; 8:45am]
BILLING CODE 7036-01-M
