Privacy Act of 1974, as Amended; Notice of a New System of Records, 66628-66630 [2012-26997]

Agencies

• DEPARTMENT OF THE INTERIOR
• Office of the Secretary

[Federal Register Volume 77, Number 215 (Tuesday, November 6, 2012)]
[Notices]
[Pages 66628-66630]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-26997]


-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

Office of the Secretary


Privacy Act of 1974, as Amended; Notice of a New System of 
Records

AGENCY: Office of the Secretary, Interior.

ACTION: Notice of creation of a new system of records.

-----------------------------------------------------------------------

SUMMARY: Pursuant to the provisions of the Privacy Act of 1974, as 
amended, the Department of the Interior is issuing a public notice of 
its intent to create the Department of the Interior system of records 
titled, ``Donations Program Files.'' This system will assist the 
Department of the Interior in managing the Donations Program and 
facilitating the acceptance and solicitation of donations of money, 
real property, personal property, services, or other gifts by members 
of the public and organizations. This newly established system will be 
included in the Department of the Interior's inventory of Privacy Act 
records systems.

DATES: Comments must be received by December 17, 2012. This new system 
will be effective December 17, 2012.

ADDRESSES: Any person interested in commenting on this new system of 
records may do so by submitting written comments to the OS/NBC Privacy 
Act Officer, 1849 C Street NW., Mail Stop 2650 MIB, Washington, DC 
20240; or emailing comments to privacy@nbc.gov.

FOR FURTHER INFORMATION CONTACT: Partnerships Coordinator, Office of 
Youth, Partnerships and Service, Department of the Interior, 1849 C 
Street NW., Mail Stop 3559 MIB, Washington, DC 20240; or by telephone 
at 202-208-6667.

SUPPLEMENTARY INFORMATION: 

I. Background

    The Department of the Interior (DOI) is creating the Donations 
Program Files system of records. The purpose of this system is to 
assist the Department of the Interior in managing the Donations Program 
and facilitating the acceptance and solicitation of donations of money, 
real property, personal property, services, or other gifts by members 
of the public and organizations. The system will be effective as 
proposed at the end of the comment period (the comment period will end 
40 days after the publication of this notice in the Federal Register), 
unless comments are received that would require a contrary 
determination. DOI will publish a revised notice if changes are made 
based upon a review of the comments received.

II. Privacy Act

    The Privacy Act of 1974, as amended, embodies fair information 
practices in a statutory framework governing the means by which Federal 
agencies collect, maintain, use, and disseminate individuals' personal 
information. The Privacy Act applies to information that is maintained 
in a ``system of records.'' A ``system of records'' is a group of any 
records under the control of an agency for which information is 
retrieved by the name of an individual or by some identifying number, 
symbol, or other identifying particular assigned to the individual. The 
Privacy Act defines an individual as a United States citizen or lawful 
permanent resident. As a matter of policy, DOI extends administrative 
Privacy Act protections to all individuals. Individuals may request 
access to their own records that are maintained in a system of records 
in the possession or under the control of DOI by complying with DOI 
Privacy Act Regulations, 43 CFR part 2.
    The Privacy Act requires each agency to publish in the Federal 
Register a description denoting the type and character of each system 
of records that the agency maintains, the routine uses that are 
contained in each system in order to make agency record keeping 
practices transparent, to notify individuals regarding the uses of 
their records, and to assist individuals to more easily find such 
records within the agency. Below is the description of the Donations 
Program Files system of records.
    In accordance with 5 U.S.C. 552a(r), DOI has provided a report of 
this system of records to the Office of Management and Budget and to 
Congress.

[[Page 66629]]

III. Public Disclosure

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

David Alspach,
OS/NBC Privacy Act Officer.
SYSTEM OF RECORDS:

DOI-12

SYSTEM NAME:
    Donations Program Files

SYSTEM CLASSIFICATION:
    Unclassified.

SYSTEM LOCATION:
    Records in this system are maintained by the Department of the 
Interior Office of Youth, Partnerships and Service, 1849 C Street NW., 
Mail Stop 3559 MIB, Washington, DC 20240; and Bureaus and Offices that 
manage Donations Programs.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Individuals who donate money, real property, personal property, 
services, or other gifts to the Department of the Interior, prospective 
donors, and other individuals who contact or correspond with the 
Department of the Interior officials on matters related to the 
Donations Program. This system may also include current and former 
Federal government employees, contractors, and volunteers who are 
involved in the management of the Donations Program. This system 
contains records concerning corporations and other business entities, 
which are not subject to the Privacy Act. However, records pertaining 
to individuals acting on behalf of corporations and other business 
entities may reflect personal information.

CATEGORIES OF RECORDS IN THE SYSTEM:
    This system contains information provided by individuals or 
organizations who propose to donate money, real property, personal 
property, services, or other gifts to the Department of the Interior, 
and may include names, home or work addresses, phone numbers, email 
addresses, other contact information, financial data such as the amount 
of the donation and method of remittance, biographical information, and 
miscellaneous information about gifts donated in the past. This system 
also contains background data and affiliations related to eligibility 
determinations for proposed donations; correspondence or other data 
related to the acceptance of proposed donations; and correspondence and 
data related to the management of the Donations Program.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    Statutes that allow the Department to accept donations and/or 
contributions, including 43 U.S.C. 1737, 16 U.S.C. 6 and 43 U.S.C. 36c.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSES OF SUCH USES:
    The records will be used by the Department of the Interior to 
manage the Donations Program and facilitate the evaluation, acceptance, 
and solicitation of donations of money or other gifts by members of the 
public and organizations. In addition to those disclosures generally 
permitted under 5 U.S.C. 552a(b) of the Privacy Act, disclosures 
outside DOI may be made as a routine use pursuant to 5 U.S.C. 
552a(b)(3) as follows:
    (1) (a) To any of the following entities or individuals, when the 
circumstances set forth in paragraph (b) are met:
    (i) The U.S. Department of Justice (DOJ);
    (ii) A court or an adjudicative or other administrative body;
    (iii) A party in litigation before a court or an adjudicative or 
other administrative body; or
    (iv) Any DOI employee acting in his or her individual capacity if 
DOI or DOJ has agreed to represent that employee or pay for private 
representation of the employee;
    (b) When:
    (i) One of the following is a party to the proceeding or has an 
interest in the proceeding:
    (A) DOI or any component of DOI;
    (B) Any other Federal agency appearing before the Office of 
Hearings and Appeals;
    (C) Any DOI employee acting in his or her official capacity;
    (D) Any DOI employee acting in his or her individual capacity if 
DOI or DOJ has agreed to represent that employee or pay for private 
representation of the employee;
    (E) The United States, when DOJ determines that DOI is likely to be 
affected by the proceeding; and
    (ii) DOI deems the disclosure to be:
    (A) Relevant and necessary to the proceeding; and
    (B) Compatible with the purpose for which the records were 
compiled.
    (2) To a congressional office in response to a written inquiry that 
an individual covered by the system, or the heir of such individual if 
the covered individual is deceased, has made to the office.
    (3) To the Executive Office of the President in response to an 
inquiry from that office made at the request of the subject of a record 
or a third party on that person's behalf, or for a purpose compatible 
for which the records are collected or maintained.
    (4) To any criminal, civil, or regulatory law enforcement authority 
(whether federal, state, territorial, local, tribal or foreign) when a 
record, either alone or in conjunction with other information, 
indicates a violation or potential violation of law--criminal, civil, 
or regulatory in nature, and the disclosure is compatible with the 
purpose for which the records were compiled.
    (5) To an official of another Federal agency to provide information 
needed in the performance of official duties related to reconciling or 
reconstructing data files or to enable that agency to respond to an 
inquiry by the individual to whom the record pertains.
    (6) To Federal, state, territorial, local, tribal, or foreign 
agencies that have requested information relevant or necessary to the 
hiring, firing or retention of an employee or contractor, or the 
issuance of a security clearance, license, contract, grant or other 
benefit, when the disclosure is compatible with the purpose for which 
the records were compiled.
    (7) To representatives of the National Archives and Records 
Administration to conduct records management inspections under the 
authority of 44 U.S.C. 2904 and 2906.
    (8) To state, territorial and local governments and tribal 
organizations to provide information needed in response to court order 
and/or discovery purposes related to litigation, when the disclosure is 
compatible with the purpose for which the records were compiled.
    (9) To an expert, consultant, or contractor (including employees of 
the contractor) of DOI that performs services requiring access to these 
records on DOI's behalf to carry out the purposes of the system.
    (10) To appropriate agencies, entities, and persons when:
    (a) It is suspected or confirmed that the security or 
confidentiality of information in the system of records has been 
compromised; and
    (b) The Department has determined that as a result of the suspected 
or confirmed compromise there is a risk of

[[Page 66630]]

harm to economic or property interest, identity theft or fraud, or harm 
to the security or integrity of this system or other systems or 
programs (whether maintained by the Department or another agency or 
entity) that rely upon the compromised information; and
    (c) The disclosure is made to such agencies, entities and persons 
who are reasonably necessary to assist in connection with the 
Department's efforts to respond to the suspected or confirmed 
compromise and prevent, minimize, or remedy such harm.
    (11) To the Office of Management and Budget during the coordination 
and clearance process in connection with legislative affairs as 
mandated by OMB Circular A-19.
    (12) To the Department of the Treasury to recover debts owed to the 
United States.
    (13) To a consumer reporting agency if the disclosure requirements 
of the Debt Collection Act, as outlined at 31 U.S.C. 3711(e)(1), have 
been met.
    (14) To the news media and the public, with the approval of the 
Public Affairs Officer in consultation with Counsel and the Senior 
Agency Official for Privacy, where there exists a legitimate public 
interest in the disclosure of the information, except to the extent it 
is determined that release of the specific information in the context 
of a particular case would constitute an unwarranted invasion of 
personal privacy.
    (15) To an official of another Federal, state, territorial, local, 
tribal, or foreign agency to provide information needed in the 
performance of official duties related to the verification, 
authorization, or processing of money, real property, personal 
property, services, or other gift donations by individuals or 
organizations, or any issue otherwise related to the purpose for which 
the records were compiled.

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING 
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
    Records are maintained in paper form in file folders stored in file 
cabinets. Electronic records are maintained in computers, computer 
databases, email, and electronic media such as removable drives, 
magnetic disk, diskette, and computer tapes.

RETRIEVABILITY:
    Information within this system may be retrieved by individual's 
name, organization name, nature of the gift, size of the donation, and 
may also be retrieved by key word search.

SAFEGUARDS:
    The records contained in this system are safeguarded in accordance 
with 43 CFR 2.51 and other applicable security rules and policies. 
During normal hours of operation, paper records are maintained in 
locked filed cabinets under the control of authorized personnel. 
Computers and storage media are encrypted in accordance with DOI 
security policy. The computer servers in which electronic records are 
stored are located in Department of the Interior facilities that are 
secured by security guards, alarm systems and off-master key access. 
Access to servers containing records in this system is limited to DOI 
personnel and other authorized parties who have a need to know the 
information for the performance of their official duties, and requires 
a valid username and password. Electronic records are safeguarded by 
permissions set to ``Authenticated Users'' which require password 
login. Personnel authorized to access the system must complete all 
Security, Privacy, and Records management training and sign the Rules 
of Behavior.

RETENTION AND DISPOSAL:
    Records are retained and disposed of in accordance with applicable 
bureau or office records schedules or General Records Schedule (GRS) 
approved by the National Archives and Records Administration (NARA). 
Records will be destroyed when no longer needed for agency business in 
accordance with records retention schedules and NARA guidelines. Paper 
records are disposed of by shredding or pulping, and records contained 
on electronic media are degaussed or erased in accordance with 384 
Departmental Manual 1.

SYSTEM MANAGER AND ADDRESS:
    Partnerships Coordinator, Office of Youth, Partnerships and 
Service, Department of the Interior, 1849 C Street NW., Mail Stop 3559 
MIB, Washington, DC 20240.

NOTIFICATION PROCEDURES:
    An individual requesting notification of the existence of records 
on himself or herself should send a signed, written inquiry to the 
System Manager identified above. The request envelope and letter should 
be clearly marked ``PRIVACY ACT INQUIRY''. A request for notification 
must meet the requirements of 43 CFR 2.60.

RECORDS ACCESS PROCEDURES:
    An individual requesting access to records on himself or herself 
should send a signed, written inquiry to the System Manager identified 
above. The request envelope and letter should be clearly marked 
``PRIVACY ACT REQUEST FOR ACCESS''. The request letter should describe 
the records sought as specifically as possible. A request for access 
must meet the requirements of 43 CFR 2.63.

CONTESTING RECORDS PROCEDURES:
    An individual requesting corrections or contesting information 
contained in his or her records must send a signed, written request to 
the System Manager identified above. A request for corrections or 
removal must meet the requirements of 43 CFR 2.71.

RECORD SOURCE CATEGORIES:
    Records in the system are obtained from individual members of the 
public, organizations, DOI officials, employees, contractors, 
volunteers, and may be obtained from other Federal officials, state, 
territorial and local government officials, and non-governmental 
organizations, in the course of daily business activities and 
communications related to the management of the Donations Program.

EXEMPTIONS CLAIMED FOR THE SYSTEM:
    None.

[FR Doc. 2012-26997 Filed 11-5-12; 8:45 am]
BILLING CODE P