Privacy Act of 1974, as Amended; Notice To Amend an Existing System of Records, 24002-24005 [2014-09711]

Agencies

• DEPARTMENT OF THE INTERIOR
• Bureau of Indian Affairs

[Federal Register Volume 79, Number 82 (Tuesday, April 29, 2014)]
[Notices]
[Pages 24002-24005]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-09711]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

[12XA5648MP/A52200010.02Z100/AAHH514630]


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

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Notice of an amendment to an existing system of records.

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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 amend the Bureau of Indian Affairs Privacy Act system of 
records, ``Indian Electric Power Utilities--Interior, BIA 26,'' to 
update the system name, system location, categories of individuals 
covered by the system, categories of records in the system, authority 
for maintenance of the system, routine uses, storage, safeguards, 
retention and disposal, system manager and address, notification 
procedures, records access and contesting procedures, and records

[[Page 24003]]

source categories. The system name will be updated to the ``Electrical 
Utility Management System, BIA-26.'' The Electrical Utility Management 
System is an automated billing system used to facilitate the management 
of the utility billing process within the Bureau of Indian Affairs. The 
system will assist an electrical utility provider in managing 
functions, such as billing, collections, service orders, meter reading, 
managing customer accounts, accounting, and tracking service history 
for Bureau of Indian Affairs electrical utility customers.

DATES: Comments must be received by June 9, 2014. This amended system 
will be effective June 9, 2014.

ADDRESSES: Any person interested in commenting on this notice may do so 
by: submitting comments in writing to Scott Christenson, Indian Affairs 
Privacy Act Officer, 12220 Sunrise Valley Drive, Reston, Virginia 
20191; hand-delivering comments to Scott Christenson, Indian Affairs 
Privacy Act Officer, 12220 Sunrise Valley Drive, Reston, Virginia 
20191; or emailing comments to Scott.Christenson@bia.gov.

FOR FURTHER INFORMATION CONTACT: Deputy Bureau Director, Bureau of 
Indian Affairs, Office of Trust Services, U.S. Department of the 
Interior, 1849 C Street NW., MS 4620-MIB, Washington, DC 20240, or by 
telephone at (202) 208-5831.

SUPPLEMENTARY INFORMATION:

I. Background

    The Department of the Interior (DOI), Bureau of Indian Affairs 
(BIA), maintains the ``Indian Electric Power Utilities--Interior, BIA-
26'' system of records. The amendment to ``Indian Electric Power 
Utilities--Interior, BIA-26'' will revise the system name to the 
``Electrical Utility Management System, BIA-26.'' The Electrical 
Utility Management System is an automated billing system used to 
facilitate the management of the utility billing process within the 
BIA. The system will assist an electrical utility provider in managing 
functions, such as billing, collections, service orders, meter reading, 
managing customer accounts, accounting, and tracking service history 
for BIA electrical utility customers. Other amendments to the system 
will include updating the system location, categories of individuals 
covered by the system, categories of records in the system, authority 
for maintenance of the system, routine uses, storage, safeguards, 
retention and disposal, system manager and address, notification 
procedures, records access and contesting procedures, and records 
source categories. The system notice was last published in the Federal 
Register on November 12, 1987 (Volume 52, Number 218).
    The amendments to 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 which 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 (5 U.S.C. 552a), embodies fair 
information practice principles in a statutory framework governing the 
means by which Federal Agencies collect, maintain, use, and disseminate 
individuals' personal information. The Privacy Act applies to 
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, subpart K.
    The Privacy Act requires each agency to publish in the Federal 
Register a description denoting the type and character of each system 
of records that the agency maintains, the routine uses 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 Bureau of 
Indian Affairs, Electrical Utility Management System, BIA-26, 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.

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.

    Dated: April 16, 2014.
Scott Christenson,
Indian Affairs Privacy Act Officer, Office of the Assistant Secretary 
for Indian Affairs.
SYSTEM NAME:
    Electrical Utility Management System, BIA-26

SYSTEM LOCATION:
    The system is located at the Bureau of Indian Affairs, Office of 
Information Operations (OIO), 1011 Indian School Rd. NW., Suite 177, 
Albuquerque, NM 87104. Records may also be located at the Bureau of 
Indian Affairs, Office of Trust Services, U.S. Department of the 
Interior, 1849 C Street NW., MS 4620-MIB, Washington, DC 20240, and at 
BIA Power Utilities providing electrical utility services to Indians 
and non-Indians in their respective utility service areas.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Individuals covered by the system include customers, Indians and 
non-Indians, applying for electrical utility services from BIA Power 
Utilities for residential, commercial, industrial, lighting, preferred 
rate, and irrigation wells. 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 records such as service orders, customer 
deposits, death certificates, and billing and collection records 
pertaining directly to electrical utility customers including first, 
middle and last names, social security numbers, dates of birth, dates 
of death, telephone numbers, service (physical) addresses, mailing 
addresses, aliases, marital status, account numbers, employee 
identification numbers, tax identification numbers, customer service 
identification numbers, meter numbers, and transmitter numbers.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    25 U.S.C. 385c, Appropriation and Disposition of Power Revenues; 
and 25 CFR Part 175, Indian Electric Power Utilities.

[[Page 24004]]

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSES OF SUCH USES:
    The Electrical Utility Management System is an automated billing 
system used to facilitate the management of the utility billing process 
within the Bureau of Indian Affairs. The system will assist an 
electrical utility provider in managing functions, such as billing, 
collections, service orders, meter reading, managing customer accounts, 
accounting, and tracking service history for Bureau of Indian Affairs 
electrical utility customers.
    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 any criminal, civil, or regulatory law enforcement authority 
(whether Federal, state, territorial, local, tribal or foreign) when a 
record, either alone or in conjunction with other information, 
indicates a violation or potential violation of law--criminal, civil, 
or regulatory in nature, and the disclosure is compatible with the 
purpose for which the records were compiled.
    (4) To an official of another Federal agency to provide information 
needed in the performance of official duties related to reconciling or 
reconstructing data files or to enable that agency to respond to an 
inquiry by the individual to whom the record pertains.
    (5) To Federal, state, territorial, local, tribal, or foreign 
agencies that have requested information relevant or necessary to the 
hiring, firing or retention of an employee or contractor, or the 
issuance of a security clearance, license, contract, grant or other 
benefit, when the disclosure is compatible with the purpose for which 
the records were compiled.
    (6) To representatives of the National Archives and Records 
Administration to conduct records management inspections under the 
authority of 44 U.S.C. 2904 and 2906.
    (7) To state, territorial and local governments and tribal 
organizations to provide information needed in response to court order 
and/or discovery purposes related to litigation, when the disclosure is 
compatible with the purpose for which the records were compiled.
    (8) To an expert, consultant, or contractor (including employees of 
the contractor) of DOI that performs services requiring access to these 
records on DOI's behalf to carry out the purposes of the system.
    (9) To appropriate agencies, entities, and persons when:
    (a) It is suspected or confirmed that the security or 
confidentiality of information in the system of records has been 
compromised; and
    (b) 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.
    (10) 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.
    (11) To the Department of the Treasury to recover debts owed to the 
United States.
    (12) To the news media when the disclosure is compatible with the 
purpose for which the records were compiled.
    (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 customers, Indians and non-Indians, who have received 
electrical utility services from BIA Power Utilities to verify receipt 
of their payments.

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, and electronic media such as computers, compact discs, and 
computer tapes. The electronic records are contained in computer 
servers, computer hard drives, removable drives, email and electronic 
databases.

RETRIEVABILITY:
    Records in this system are retrieved by individual's name, social 
security number, customer service identification number, account 
number, mailing address, service (physical) address, meter number, and 
transmitter number.

SAFEGUARDS:
    Records are maintained in accordance with 43 CFR 2.226, Privacy Act 
safeguards for records. Access is provided on a need-to-know basis. 
During working hours, paper records are maintained in locked file 
cabinets under the control of authorized personnel.
    Electronic records are safeguarded by permissions set to 
``Authenticated Users'' which requires password login. The computer 
servers in which records are stored are located in Department of the 
Interior facilities that are secured by alarm systems and off-master 
key access. Access granted to individuals is password protected. The 
Department's Privacy Act Warning Notice appears on the monitor screens 
when users access the System. Backup tapes are kept on the data center 
floor for several weeks and then shipped to Iron Mountain, a secure off 
site location. Access to the Data Center floor is controlled by key 
card and only a select number of people have access. The Security Plan 
addresses the Department's Privacy Act minimum safeguard requirements 
for Privacy Act systems at 43 CFR 2.226. A Privacy Impact Assessment 
was

[[Page 24005]]

conducted to ensure that Privacy Act requirements and safeguard 
requirements are met. The assessment verified that appropriate controls 
and safeguards are in place. Personnel authorized to access the system 
must complete all Security, Privacy, and Records management training 
and sign the Rules of Behavior.

RETENTION AND DISPOSAL:
    Paper records are covered by Indian Affairs Records Schedule 
records series 4900, and have been scheduled as permanent records under 
National Archives and Records Administration (NARA) Job Number N1-075-
0406 approved on November 21, 2003. Records will be maintained in the 
office of record for a maximum of 5 years or when no longer needed for 
current business operations and then retired to the American Indian 
Records Repository which is a Federal Records Center. In accordance 
with the Indian Affairs Records Schedule, the subsequent legal transfer 
of records to the National Archives of the United States will be 
jointly agreed to between the United States Department of the Interior 
and the NARA.
    A records retention schedule for the electronic records in this 
system is being developed and will be submitted to NARA for scheduling 
and approval. Pending approval by NARA, electronic records will be 
treated as permanent records. Data backups or copies captured on 
compact discs and computer tapes that are maintained separately from 
database files are temporary and are retained in accordance with 
General Records Schedules 20/8 and 24/4(a).

SYSTEM MANAGER AND ADDRESS:
    Deputy Bureau Director, Bureau of Indian Affairs, Office of Trust 
Services, U.S. Department of the Interior, 1849 C Street NW., MS 4620-
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 
both be clearly marked ``PRIVACY ACT INQUIRY.'' A request for 
notification must meet the requirements of 43 CFR 2.235.

RECORDS ACCESS PROCEDURES:
    An individual requesting records on himself or herself should send 
a signed, written inquiry to the System Manager identified above. The 
request should describe the records sought as specifically as possible. 
The request envelope and letter should both be clearly marked ``PRIVACY 
ACT REQUEST FOR ACCESS.'' A request for access must meet the 
requirements of 43 CFR 2.238.

CONTESTING RECORDS PROCEDURES:
    An individual requesting corrections or the removal of material 
from his or her records should send a signed, written request to the 
System Manager identified above. A request for corrections or removal 
must meet the requirements of 43 CFR 2.246.

RECORD SOURCE CATEGORIES:
    Information in the system is obtained directly from customers, 
Indians and non-Indians, applying for electrical utility services from 
BIA Power Utilities for residential, commercial, industrial, lighting, 
preferred rate, and irrigation wells.

EXEMPTIONS CLAIMED FOR THE SYSTEM:
    None.
[FR Doc. 2014-09711 Filed 4-28-14; 8:45 am]
BILLING CODE 4310-4J-P