Privacy Act of 1974, as Amended; Notice of a New System of Records, 17705-17708 [2013-06579]

Agencies

• DEPARTMENT OF THE INTERIOR
• Office of the Secretary

[Federal Register Volume 78, Number 56 (Friday, March 22, 2013)]
[Notices]
[Pages 17705-17708]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-06579]


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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.

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    Department of the Interior is issuing a public notice of its intent 
to create the Department of the Interior system of records titled, 
``Office of Insular Affairs Programs.'' The system will assist the 
Department of the Interior Office of Insular Affairs with overseeing 
programs in certain United States territories and increasing 
communication and economic development of the U.S. Insular Areas, 
including administering grants and scholarships, providing business, 
employment and entrepreneurial opportunities, and locating support and 
services for individuals and businesses in need. This newly established 
system will be included in the Department of the Interior's inventory 
of record systems.

DATES: Comments must be received by May 1, 2013. This new system will 
be effective May 1, 2013.

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

FOR FURTHER INFORMATION CONTACT: Director, Office of Insular Affairs, 
Department of the Interior, 1849 C Street NW., Mail Stop 2429 MIB, 
Washington, DC 20240, 202-208-4736.

SUPPLEMENTARY INFORMATION: 

I. Background

    The Department of the Interior (DOI)'s Office of Insular Affairs 
(OIA) is responsible for administering and overseeing programs in 
certain United States territories, including American Samoa, Guam, the 
Commonwealth of the Northern Mariana Islands, the U.S. Virgin Islands, 
and the Freely Associated States, which are comprised of the Republic 
of the Marshall Islands, the Federated States of Micronesia, and the 
Republic of Palau. OIA's programs include administering grant funds, 
awarding scholarships and identifying educational opportunities, 
promoting business opportunities, facilitating the distribution of 
information about island and government procurement resources, locating 
support and services for individuals and businesses in need, and 
assisting individuals in the Insular Areas with labor and immigration 
matters. DOI is creating the Office of Insular Affairs Programs system 
of records as a comprehensive system to cover all of the OIA's Privacy 
Act records with the exception of records collected and maintained by 
OIA's Federal Labor Ombudsman, which will be addressed under a separate 
system of records notice.
    The Office of Insular Affairs Programs system of records will be 
used to manage OIA communications and gather necessary information to 
efficiently run and execute the duties and responsibilities of OIA, 
including promoting economic development initiatives and employment and 
educational opportunities, and assisting individuals and businesses in 
need.
    The system of records 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 
principles in a statutory framework governing the means by which 
Federal agencies collect, maintain, use, and disseminate individuals' 
personal information. The Privacy Act applies to information that is 
maintained in a ``system of records.'' A ``record'' is any item, 
collection, or grouping of information about an individual that is 
maintained by an agency, including, but not limited to, his education, 
financial transactions, medical history, and criminal or employment 
history and that contains his name, or the identifying number, symbol, 
or other identifying particular assigned to the individual, such as a 
finger or voice print or a photograph. 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

[[Page 17706]]

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, identifying the routine uses that 
are contained in each system in order to make agency record keeping 
practices transparent, notifying individuals regarding the uses of 
their records, and assisting individuals to more easily find such 
records within the agency. Below is the description of the Office of 
Insular Affairs Programs system of records.
    In accordance with 5 U.S.C. 552a(r), DOI has provided a reporting 
of this system of records to the Office of Management and Budget and to 
Congress.

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:
OS-21

SYSTEM NAME:
    Office of Insular Affairs Programs.

SYSTEM CLASSIFICATION:
    Unclassified.

SYSTEM LOCATION:
    Records in this system are maintained by the Department of the 
Interior, Office of Insular Affairs, 1849 C Street NW., Mail Stop 2429 
MIB, Washington, DC 20240. Records may also be located in regional 
offices providing services for Insular Affairs programs or initiatives.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    The Office of Insular Affairs Programs system will cover 
individuals who communicate with OIA concerning: (1) Grants or 
scholarships, (2) business opportunities in the Insular Areas, 
including business owners and entrepreneurs, and (3) assistance with 
personal or economic needs or victim assistance, which could 
potentially include any citizen, resident or Insular area alien or 
visitor.

CATEGORIES OF RECORDS IN THE SYSTEM:
    The system will cover three categories of records: (1) Records 
concerning individuals related to grants or scholarships offered or 
coordinated by OIA, (2) records relating to individuals pursuing 
business opportunities in the Insular Areas, and (3) records relating 
to individuals seeking assistance with personal or economic needs or 
victim assistance. This system contains individual information 
including, but not limited to: First name, last name, username, email 
address, home or work address, home or work phone number, other contact 
information, labor codes, eligibility criteria for Federal, state and 
local procurement opportunities, financial data, gender, age, date of 
birth, nationality, country of origin, country of citizenship, 
citizenship status, passport number, Customs and Border Protection I-94 
Arrival and Departure Form number and associated data, educational 
history, and professional licensing information.
    Many business and financial records are contained in the system, 
including some records concerning businesses seeking procurement and 
other entrepreneurial opportunities that do not include personal 
information about individuals. Records in this system are subject to 
the Privacy Act only to the extent they are about an individual within 
the meaning of the Act.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    43 U.S.C. 1451, the Department of the Interior, Establishment; 5 
U.S.C. 301, Departmental Regulations; U.S.C. Title 48, Territories and 
Insular Possessions.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSES OF SUCH USES:
    The DOI is creating the Office of Insular Affairs Programs system 
of records as a comprehensive system to cover all of OIA's Privacy Act 
records with the exception of records collected and maintained by OIA's 
Federal Labor Ombudsman, which will be addressed under a separate 
system of records notice. The Office of Insular Affairs Programs system 
of records will be used to manage OIA communications and gather 
necessary information to efficiently run and execute the duties and 
responsibilities of OIA including promoting economic development 
initiatives and employment and educational opportunities, and assisting 
individuals and businesses in need.
    The U.S. Insular Areas include the Territories of Guam, American 
Samoa, the U.S. Virgin Islands and the Commonwealth of the Northern 
Mariana Islands (CNMI) as well as the Freely Associated States that are 
comprised of the Republic of the Marshall Islands, the Federated States 
of Micronesia and the Republic of Palau.
    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 
with that for which the records are collected or maintained.

[[Page 17707]]

    (4) To any criminal, civil or regulatory law enforcement authority 
(whether Federal, state, territorial, insular, 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, insular, 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, insular 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 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 an official of another Federal agency, territorial or 
insular area government to provide information needed in the 
performance of official duties related to employment authorization, 
immigration status and enforcement, Form I-94 Arrival Record 
validation, Pell Grant verification, the management and administration 
of Office of Insular Affairs programs or other relevant matter to 
enable the Office of Insular Affairs to respond to a request for 
assistance from the individual to whom the record pertains.
    (15) To the news media, with the approval of the Public Affairs 
Officer in consultation with Counsel and the Senior Agency Official for 
Privacy, to provide recognition of the achievements of individuals 
receiving a grant, scholarship, or business opportunity promoted by 
OIA.
    (16) After OIA makes a finding of fraud, impropriety, deceit or 
misrepresentation by an individual related to a business opportunity, 
grant, or scholarship promoted by OIA, disclosure may be made to 
businesses or educational institutions or other third parties that have 
been the recipients of fraudulent or deceitful information or have been 
the victims of impropriety, where disclosure will assist in preventing 
further harm from fraud or deceit. Such disclosures will only be made 
when OIA determines that release of the specific information in the 
context of a particular case would not constitute an unwarranted 
invasion of personal privacy.

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING 
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
    Paper records are contained in file folders stored in file 
cabinets; electronic records are contained in removable drives, 
computers, magnetic disks, computer tapes, email and electronic 
databases.

RETRIEVABILITY:
    Electronic information within this system may be retrieved by full-
text search, and searches may be conducted using a variety of personal 
identifiers, such as individual's first name, last name, email address, 
or user name. Paper records are indexed using various indexing methods, 
which may include the use of a variety of personal identifiers, such as 
individual's first name, last name, email address, or user name.

SAFEGUARDS:
    The records contained in this system are safeguarded in accordance 
with 43 CFR 2.226 and other applicable security rules and policies. 
Access to DOI network servers containing records in this system is 
limited to DOI personnel who have a need to know the information for 
the performance of their official duties and requires a valid username 
and password. DOI network servers are located in secured DOI facilities 
with access codes, security codes and security guards. Records are also 
located in computer systems located in regional offices providing 
services for Office of Insular Affairs programs. Personnel authorized 
to access systems must complete all Security, Privacy, and Records 
training and sign the DOI rules of behavior. Paper records are 
maintained in file cabinets located in secure DOI facilities under the 
control of authorized personnel.

RETENTION AND DISPOSAL:
    Records are retained and disposed of in accordance with applicable 
Office of the Secretary (OS) records schedule or General Records 
Schedule (GRS) for each type of record. General management files, user 
files and Web site files are retained in accordance with OS records 
series 1200 and 1400. Records will be destroyed when no longer needed 
for agency business in accordance with records retention schedules, 
National Archives and Records Administration (NARA) guidelines and 384 
Departmental Manual 1. A records retention schedule for Office of 
Insular Affairs Programs records not covered by the schedules listed 
above is being developed for submission to NARA. These records will be 
treated as permanent until the records are scheduled and approved by 
NARA.

SYSTEM MANAGER AND ADDRESS:
    Director, Office of Insular Affairs, Department of the Interior, 
1849 C Street NW., Mail Stop 2429 MIB, Washington, DC 20240; and 
designated offices providing services in the U.S. Insular Areas.

[[Page 17708]]

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 2.235.

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 2.238.

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 2.246.

RECORD SOURCE CATEGORIES:
    Records in the system are obtained from DOI and other Federal 
officials, state, territorial and local government officials, non-
governmental organizations, private parties, business and other 
entities, entrepreneurs, procurement officials, and individual members 
of the public who communicate or interact with OIA.

EXEMPTIONS CLAIMED FOR THE SYSTEM:
    None.

[FR Doc. 2013-06579 Filed 3-21-13; 8:45 am]
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