Privacy Act of 1974; System of Records, 48753-48758 [2021-18710]
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Federal Register / Vol. 86, No. 166 / Tuesday, August 31, 2021 / Notices
TABLE 1—BEAUFORT SEA LETTERS OF AUTHORIZATION—Continued
Year
Company
2020 ....
Activity
Northern Energy Services.
Acquisition, close out,
and support services.
On August 1, 2019, the Service
published in the Federal Register a final
rule (84 FR 37716) establishing
regulations that allow us to authorize
the nonlethal, incidental, unintentional
take of small numbers of northern sea
otters (Enhydra lutris kenyoni) during
year-round oil and gas industry
exploration, development, production,
and transportation activities in the Cook
Inlet of Alaska. The rule established
subpart K in part 18 of title 50 of the
CFR and is effective through August 1,
Project
LOA #
Northern Energy Services acquired Peak Oilfield
Service Company, LLC; transportation activities
on the North Slope.
2024. The rule prescribed a process
under which we issue LOAs to
applicants conducting activities as
described under the provisions of the
regulations.
Each LOA stipulates conditions or
methods that are specific to the activity
and location. Holders of the LOAs must
use methods and conduct activities in a
manner that minimizes to the greatest
extent practicable adverse impacts on
northern sea otters and their habitat,
and on the availability of northern sea
20–14.
otters for subsistence purposes.
Intentional take and lethal incidental
take are prohibited under these
regulations.
In accordance with section
101(a)(5)(A) of the Marine Mammal
Protection Act (MMPA; 16 U.S.C. 1361
et seq.) and our regulations at 50 CFR
part 18, subpart K, in 2019 and 2020 we
issued LOAs to each of the following
companies in the Cook Inlet of Alaska
shown below in table 2.
TABLE 2—COOK INLET LETTERS OF AUTHORIZATION
Year
Company
Activity
Project
2019 ............
2019 ............
Hilcorp Alaska, LLC ..........
Hilcorp Alaska, LLC ..........
Exploration ........................
Production ........................
2020 ............
Hilcorp Alaska, LLC ..........
Exploration ........................
3D seismic surveys in the Cook Inlet ..........................
Routine maintenance activities on platforms and
pipelines in the Cook Inlet.
Geotechnical surveys in the Lower Cook Inlet ...........
Authority: We issue this notice under
the authority of the MMPA (16 U.S.C.
1361 et seq.).
Karen Cogswell,
Acting Regional Director, Alaska Region.
[FR Doc. 2021–18770 Filed 8–30–21; 8:45 am]
BILLING CODE 4333–15–P
DEPARTMENT OF THE INTERIOR
Office of the Secretary
[DOI–2019–0006; 201D0102DM,
DS65100000, DLSN00000.000000, DX65103]
Privacy Act of 1974; System of
Records
Office of the Secretary, Interior.
Notice of a modified system of
AGENCY:
ACTION:
records.
Pursuant to the provisions of
the Privacy Act of 1974, as amended,
the Department of the Interior (DOI)
proposes to modify the DOI–50, Insider
Threat Program, system of records. The
DOI Office of Law Enforcement and
Security uses this system to identify
potential threats to DOI resources and
information assets and facilitate
management of insider threat
investigations, complaints, inquiries,
and counterintelligence threat detection
activities. DOI is publishing this revised
system of records notice to reflect the
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SUMMARY:
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updated system location and system
manager address, authorities, expand
the scope of categories of individuals
and categories of records in the
modified system, propose new and
modified routine uses, and provide
general and administrative updates to
the remaining sections of the notice.
Additionally, DOI is publishing a Notice
of Proposed Rulemaking elsewhere in
the Federal Register to exempt this
system of records from certain
provisions of the Privacy Act. This
modified system will be included in
DOI’s inventory of record systems.
DATES: This modified system will be
effective upon publication. New or
modified routine uses will be effective
September 30, 2021. Submit comments
on or before September 30, 2021.
ADDRESSES: You may submit comments,
identified by docket number [DOI–
2019–0006], by any of the following
methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for sending comments.
• Email: DOI_Privacy@ios.doi.gov.
Include docket number [DOI–2019–
0006] in the subject line of the message.
• U.S. mail or hand-delivery: Teri
Barnett, Departmental Privacy Officer,
U.S. Department of the Interior, 1849 C
Street NW, Room 7112, Washington, DC
20240.
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LOA #
19–CI–01
19–CI–02
20–CI–01
Instructions: All submissions received
must include the agency name and
docket number [DOI–2019–0006]. All
comments received will be posted
without change to https://
www.regulations.gov, including any
personal information provided.
Docket: For access to the docket to
read background documents or
comments received, go to https://
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Teri
Barnett, Departmental Privacy Officer,
U.S. Department of the Interior, 1849 C
Street NW, Room 7112, Washington, DC
20240, DOI_Privacy@ios.doi.gov or (202)
208–1605.
SUPPLEMENTARY INFORMATION:
I. Background
The DOI Office of Law and
Enforcement and Security (OLES)
maintains the Insider Threat Program
system of records. This system of
records helps the OLES manage insider
threat matters and counterintelligence
threat detection and prevention within
the DOI. The Insider Threat Program
was mandated by Presidential Executive
Order 13587, issued October 7, 2011,
which requires Federal agencies to
establish an insider threat detection and
prevention program to ensure the
security of classified networks and the
responsible sharing and safeguarding of
classified information consistent with
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appropriate protections for privacy and
civil liberties. The OLES uses this
system to detect, deter and mitigate
potential threats to the DOI resources
and information assets; facilitate insider
threat investigations, complaints, and
inquiries; and conduct
counterintelligence threat detection
activities.
Insider threats include attempted or
actual espionage, subversion, sabotage,
terrorism or extremist activities directed
against the DOI and its personnel,
facilities, resources, and activities;
unauthorized use of or intrusion into
proprietary information systems;
unauthorized disclosure of classified,
controlled unclassified, sensitive, or
proprietary-information or technology;
and indicators of potential insider
threats or other incidents that may
indicate activities of an insider threat.
This system may include information
from any DOI bureau, office, program,
record or source, and includes records
from information security, personnel
security, and systems security for both
internal and external security threats.
The DOI is publishing this revised
notice to update authorities, reflect the
expanded scope of categories of records
and categories of individuals covered by
the modified system, add a new section
to describe the purpose of the system,
and provide general and administrative
updates to the remaining sections of the
notice in accordance with the Office of
Management and Budget (OMB)
Circular A–108, Federal Agency
Responsibilities for Review, Reporting,
and Publication under the Privacy Act.
Additionally, the DOI is modifying
existing routine uses to further provide
clarity and transparency, and reflect
updates consistent with standard DOI
routine uses. The DOI is proposing new
routine uses to facilitate the sharing of
information with agencies and
organizations as necessary to ensure the
efficient and effective management of
inquiries, investigations, or referrals
related to insider threat or
counterintelligence matters, promote the
integrity of the records in the system, or
carry out a statutory responsibility of
the DOI or Federal Government.
Routine uses A, B, H, I, and O have
been modified to provide additional
clarification on external organizations
and circumstances where disclosures
are proper and necessary to facilitate
insider threat investigations or comply
with Federal requirements. Modified
routine use J and new routine use K
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allow the DOI to share information with
appropriate Federal agencies or entities
when reasonably necessary to respond
to a breach of personally identifiable
information and to prevent, minimize,
or remedy the risk of harm to
individuals or the Federal Government,
or assist an agency in locating
individuals affected by a breach in
accordance with OMB Memorandum
M–17–12, Preparing for and Responding
to a Breach of Personally Identifiable
Information.
Proposed routine use N allows
sharing with the news media and the
public, when it is necessary to preserve
the confidence in the integrity of the
DOI, demonstrate the accountability of
its officers, employees, or individuals
covered in the system, or where there
exists a legitimate public interest in the
disclosure of the information such as
circumstances that support a legitimate
law enforcement or public safety
function, or protects the public from
imminent threat of life or property.
Proposed routine use R allows DOI to
share information with third parties
when necessary to obtain information
pertinent to an investigation. Proposed
routine use S allows DOI to share
information with a public or
professional licensing organization
when there is an indication of potential
violation of professional standards.
Proposed routine use T facilitates
sharing with other Federal agencies in
support of authorized
counterintelligence activities. Proposed
routine use U allows DOI to share
information with any individual,
organization or entity to notify them of
a serious threat to homeland security so
they may guard against or respond to
the threat when relevant to the
protection of life, health or property.
Proposed routine use V allows sharing
of information with the House
Committee on Oversight and
Government Reform and the Senate
Homeland Security and Governmental
Affairs Committee pursuant to a written
request made under 5 U.S.C. 2954.
Proposed routine use W allows DOI to
share information with Federal agencies
or entities regarding counterintelligence
or insider threat matters, to obtain
information or guidance on the handling
of the matter. Proposed routine use X
allows DOI to share information with
former DOI employees, contractors or
individuals who were sponsored by DOI
for security clearance to respond to
official inquiries or to facilitate
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communications or obtain information
that is relevant and necessary for
personnel related purposes or other
official purpose as required by DOI.
Proposed routine use Y facilitates
sharing of records for audit and
oversight purposes as authorized by law
and where necessary and proper to the
audit or oversight function. Proposed
routine use Z allows DOI to share
information with prospective or current
employers to determine employment
eligibility.
In a Notice of Proposed Rulemaking,
which is published separately in the
Federal Register, the DOI is proposing
to exempt records maintained in this
system from certain provisions of the
Privacy Act pursuant to 5 U.S.C.
552a(k)(1) and (k)(5).
II. Privacy Act
The Privacy Act of 1974, as amended,
embodies fair information practice
principles in a statutory framework
governing the means by which Federal
agencies collect, maintain, use, and
disseminate individuals’ records. The
Privacy Act applies to records about
individuals that are maintained in a
‘‘system of records.’’ A ‘‘system of
records’’ is a group of any records under
the control of an agency from 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. Individuals may
request access to their own records that
are maintained in a system of records in
the possession or under the control of
the DOI by complying with DOI Privacy
Act regulations at 43 CFR part 2, subpart
K, and following the procedures
outlined in the Records Access,
Contesting Record, and Notification
Procedures sections of this notice.
The Privacy Act requires each agency
to publish in the Federal Register a
description denoting the existence and
character of each system of records that
the agency maintains and the routine
uses of each system. The revised DOI–
50, Insider Threat Program, system of
records notice is published in its
entirety below. In accordance with 5
U.S.C. 552a(r), the DOI has provided a
report of this system of records to the
Office of Management and Budget and
to Congress.
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III. Public Participation
You should be aware that your entire
comment including your personally
identifiable information, such as your
address, phone number, email address,
or any other personal information in
your comment, may be made publicly
available at any time. While you may
request to withhold your personally
identifiable information from public
review, we cannot guarantee we will be
able to do so.
SYSTEM NAME AND NUMBER:
INTERIOR/DOI–50, Insider Threat
Program.
SECURITY CLASSIFICATION:
Classified and unclassified.
SYSTEM LOCATION:
Counterintelligence Unit, Office of
Law Enforcement and Security, U.S.
Department of the Interior, 12201
Sunrise Valley Drive, Reston, VA 20192.
SYSTEM MANAGER(S):
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DOI Counterintelligence/Insider
Threat Program Manager,
Counterintelligence Unit, Office of Law
Enforcement and Security, U.S.
Department of the Interior, 12201
Sunrise Valley Drive, Reston, VA 20192.
Responsible Sharing and Safeguarding
of Classified Information, October 7,
2011; Presidential Memorandum
National Insider Threat Policy and
Minimum Standards for Executive
Branch Insider Threat Programs,
November 21, 2012; and Security
Executive Agent Directives issued by
the Office of the Director of National
Intelligence.
PURPOSE(S) OF THE SYSTEM:
The purposes of the Insider Threat
Program system of records are to
manage counterintelligence and insider
threat matters; facilitate insider threat
investigations and activities associated
with counterintelligence complaints,
inquiries and investigations; identify
potential threats to DOI resources and
information assets; evaluate and track
DOI employees on foreign travel;
evaluate and track foreign visitors as
part of the Foreign Visitors Program;
review and evaluate individuals and
companies desiring to conduct business
with DOI; evaluate and track supply
chain risks; track referrals of potential
insider threats to internal and external
partners; and provide statistical reports
and meet other insider threat reporting
requirements.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
Intelligence Reform and Terrorism
Prevention Act of 2004, Public Law
108–458; Intelligence Authorization Act
for FY 2010, Public Law 111–259; Title
28 U.S.C. 535, Investigation of Crimes
Involving Government Officers and
Employees; Limitations; Title 50 U.S.C.
402a, Coordination of
Counterintelligence Activities;
Executive Order 10450, Security
Requirements for Government
Employment, April 17, 1953; Executive
Order 12333, United States Intelligence
Activities (as amended); Executive
Order 12829, National Industrial
Security Program; Executive Order
12968, Access to Classified Information,
August 2, 1995; Executive Order 13467,
Reforming Processes Related to
Suitability for Government
Employment, Fitness for Contractor
Employees, and Eligibility for Access to
Classified National Security
Information, June 30, 2008; Executive
Order 13488, Granting Reciprocity on
Excepted Service and Federal
Contractor Employee Fitness and
Reinvestigating Individuals in Positions
of Public Trust, January 16, 2009;
Executive Order 13526, Classified
National Security Information;
Executive Order 13587, Structural
Reforms to Improve the Security of
Classified Networks and the
The categories of individuals covered
in the system include current and
former DOI employees, potential
employees, and contractors; other
officials or employees of Federal, state,
tribal, territorial, and local law
enforcement organizations;
complainants, informants, suspects and
witnesses; covered individuals who
have been granted access to controlled
unclassified information or classified
information, or who hold a sensitive
position; persons requesting or having
access to DOI facilities, information
systems, programs, and infrastructure;
members of the general public,
including individuals and/or groups of
individuals who report or are involved
with counterintelligence or insider
threat matters, complaints or incidents
involving classified information or
systems, or controlled unclassified
information; individuals being
investigated as potential insider threats;
individuals desiring to conduct business
with DOI; individuals involved in
contracts, bids, or proposals related to
procurement or acquisition activities;
individuals identified as the result of an
administrative, security or investigative
function who could pose a threat to DOI
operations, data, personnel, facilities
and systems; family members,
dependents, relatives, and individuals
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with a personal association to an
individual who is the subject of an
insider threat investigation; and foreign
visitors or foreign contacts that become
involved in potential
counterintelligence or insider threat
matters.
This system maintains records on U.S.
citizens, non-U.S. citizens and foreign
nationals; however, the Privacy Act only
applies to individuals who are U.S.
citizens or aliens lawfully admitted for
permanent residence.
CATEGORIES OF RECORDS IN THE SYSTEM:
This system maintains records related
to counterintelligence activities and
referrals or investigations of potential
insider threats. Records include
incident reports; criminal, civil or
administrative investigative records;
background investigations; personnel
security records; facility access records;
network security and communications
records; information systems security
logs; analyses and reports; security
violations, and inquiries and
recommended remedial actions related
to suspected security violations; official
and foreign travel records; foreign
visitor records; records of contacts with
foreign persons; financial disclosure
reports; financial records; personnel
records; medical records; criminal
history records; drug test results;
training records; information on
complainants, informants, suspects, and
witnesses; information from Standard
Form (SF) 85 and SF 86 questionnaires;
Closed Circuit Television (CCTV)
recordings; polygraph examination
records; document control registries;
courier authorization requests;
derivative classification unique
identifiers; requests for access to
sensitive compartmented information
(SCI); briefing/debriefing statements for
special programs, sensitive positions,
and related information required in
connection to personnel security
clearance determinations; results of
preliminary screening reviews; exhibits,
evidence, statements, and affidavits;
permits or leases related to DOI
infrastructure or managed resources;
bids, contracts, procurements or
acquisition activities related to
individuals and organizations desiring
to conduct business with DOI; and other
records involving potential insider
threats or activities directed against DOI
and its personnel, facilities, systems or
resources.
These records may contain: Name,
Social Security number, date of birth,
place of birth, citizenship, security
clearance, home address, work address,
personal or official phone number,
personal or official email address, other
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contact information, drivers license
number, vehicle identification number,
license plate number, ethnicity and
race, tribal identification number or
other tribal enrollment data, work
history, educational history, affiliations,
information on family members,
dependents, relatives and other personal
associations, passport number, gender,
fingerprint, hair and eye color,
photographic image, video recording,
voiceprint, biometric data, any other
physical or distinguishing attributes of
an individual, and publicly available
social media account information.
Investigation records and incident
reports may include additional
information such as photos, video,
sketches, medical reports, and network
use records, identification badge data,
facility and access control records,
email and text messages. Records may
also include information concerning
potential counterintelligence or insider
threat activity, counterintelligence
complaints, investigative referrals,
results of incident investigations, case
number, forms, nondisclosure
agreements, consent forms, documents,
reports, investigative or analytical
efforts of DOI Insider Threat Program
personnel, intelligence reports and
database query results relating to
individuals covered by this system;
information obtained from other Federal
agencies, organizations, or sources about
individuals known or reasonably
suspected of being engaged in conduct
constituting, preparing for, aiding, or
relating to an insider threat, including
but not limited to espionage or
unauthorized disclosures of controlled
unclassified information and classified
national security information; and
correspondence, documents and reports
received, generated or maintained in the
course of managing insider threat
activities and conducting investigations
related to the protection of DOI
resources and information assets against
potential insider threats.
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RECORD SOURCE CATEGORIES:
Sources of information in the system
include Department, bureau, office and
program officials, employees,
contractors, and other individuals who
are associated with or represent the DOI;
officials from other Federal, Tribal,
State, territorial, and local government
organizations; other Federal agencies,
organizations, or sources providing
information about individuals known or
reasonably suspected of being engaged
in conduct constituting, preparing for,
aiding, or relating to an insider threat,
including but not limited to espionage
or unauthorized disclosures of classified
national security information or
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controlled unclassified information;
relevant DOI records, databases and
files, including personnel security files,
facility access records, security
incidents or violation files, network
security records, investigatory records,
visitor records, travel records, foreign
visitor or contact reports, and financial
disclosure reports; and complainants,
informants, suspects, and witnesses.
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:
In addition to those disclosures
generally permitted under 5 U.S.C.
552a(b) of the Privacy Act, all or a
portion of the records or information
contained in this system may be
disclosed outside DOI as a routine use
pursuant to 5 U.S.C. 552a(b)(3) as
follows:
A. To the U.S. Department of Justice
(DOJ), including Offices of the U.S.
Attorneys, or other Federal agency
conducting litigation or in proceedings
before any court, adjudicative, or
administrative body, when it is relevant
or necessary to the litigation and one of
the following is a party to the litigation
or has an interest in such litigation:
(1) DOI or any component of DOI;
(2) Any other Federal agency
appearing before the Office of Hearings
and Appeals;
(3) Any DOI employee or former
employee acting in his or her official
capacity;
(4) Any DOI employee or former
employee acting in his or her individual
capacity when DOI or DOJ has agreed to
represent that employee or pay for
private representation of the employee;
or
(5) The U.S. Government or any
agency thereof, when DOJ determines
that DOI is likely to be affected by the
proceeding.
B. To a congressional office in
response to a written inquiry that an
individual covered by the system has
made to the office, to the extent the
records have not been exempted from
disclosure pursuant to 5 U.S.C. 552a(j)
and (k).
C. 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 the reason for which
the records are collected or maintained,
to the extent the records have not been
exempted from disclosure pursuant to 5
U.S.C. 552a(j) and (k).
D. To any criminal, civil, or regulatory
law enforcement authority (whether
Federal, state, territorial, local, tribal or
foreign) when a record, either alone or
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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.
E. 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.
F. 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.
G. To representatives of the National
Archives and Records Administration
(NARA) to conduct records management
inspections under the authority of 44
U.S.C. 2904 and 2906.
H. 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.
I. To an expert, consultant, grantee, 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.
J. To appropriate agencies, entities,
and persons when:
(1) DOI suspects or has confirmed that
there has been a breach of the system of
records;
(2) DOI has determined that as a result
of the suspected or confirmed breach
there is a risk of harm to individuals,
DOI (including its information systems,
programs, and operations), the Federal
government, or national security; and
(3) the disclosure made to such
agencies, entities and persons is
reasonably necessary to assist in
connection with DOI’s efforts to respond
to the suspected or confirmed breach or
to prevent, minimize, or remedy such
harm.
K. To another Federal agency or
Federal entity, when DOI determines
that information from this system of
records is reasonably necessary to assist
the recipient agency or entity in:
(1) responding to a suspected or
confirmed breach; or
(2) preventing, minimizing, or
remedying the risk of harm to
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individuals, the recipient agency or
entity (including its information
systems, programs, and operations), the
Federal Government, or national
security, resulting from a suspected or
confirmed breach.
L. To the Office of Management and
Budget (OMB) during the coordination
and clearance process in connection
with legislative affairs as mandated by
OMB Circular A–19.
M. To the Department of the Treasury
to recover debts owed to the United
States.
N. 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.
O. To the Department of Justice, the
Federal Bureau of Investigation, the
Department of Homeland Security, the
Office of the Director of National
Intelligence, and other Federal, State,
territorial and local law enforcement
agencies for the purpose of referring
potential counterintelligence or insider
threats and information exchange on
counterintelligence and or insider threat
activity.
P. To agency contractors, grantees, or
volunteers for DOI or other Federal
Departments who have been engaged to
assist the Government in the
performance of a contract, grant,
cooperative agreement, or other activity
related to this system of records and
who need to have access to the records
in order to perform the activity.
Q. To any criminal, civil, or
regulatory authority (whether Federal,
State, territorial, local, or tribal) for the
purpose of providing background search
information on individuals for legally
authorized purposes, including but not
limited to background checks on
individuals residing in a home with a
minor or individuals seeking
employment opportunities requiring
background checks.
R. To third parties during the course
of an investigation to the extent
necessary to obtain information
pertinent to the investigation, provided
disclosure is appropriate to the proper
performance of the official duties of the
individual making the disclosure.
S. To a public or professional
licensing organization for the purpose of
verifying information, or when
information indicates, either by itself or
in combination with other information,
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a violation or potential violation of
professional standards, or reflects on the
moral, educational, or professional
qualifications of an individual who is
licensed or who is seeking to become
licensed.
T. To any Federal, State, local, tribal,
territorial, foreign, or multinational
government or agency, or appropriate
private sector individuals and
organizations lawfully engaged in
intelligence or counterintelligence
activities, national security, homeland
defense, counterterrorism, or law
enforcement intelligence for that entity’s
official responsibilities, including
responsibilities to counter, deter,
prevent, prepare for, respond to, threats
to national or homeland security,
including an act of terrorism or
espionage.
U. To any individual, organization, or
entity, as appropriate, to notify them of
a serious threat to homeland security for
the purpose of guarding them against or
responding to such a threat, or when
there is a reason to believe that the
recipient is or could become the target
of a particular threat, to the extent the
information is relevant to the protection
of life, health, or property.
V. To members of the House
Committee on Oversight and
Government Reform and the Senate
Homeland Security and Governmental
Affairs Committee pursuant to a written
request under 5 U.S.C. 2954, or other
committee with oversight of matters
within their jurisdiction pertaining to
Insider Threat Program activities, after
consultation with the Senior Agency
Official for Privacy and legal counsel.
W. To a Federal agency or entity that
has information relevant to an allegation
or investigation regarding an insider
threat for purposes of obtaining
guidance, additional information, or
advice from such federal agency or
entity regarding the handling of a
counterintelligence or insider threat
matter, or to a federal agency or entity
that was consulted during the
processing of the allegation or
investigation but that did not ultimately
have relevant information.
X. To a former DOI employee, DOI
contractor, or individual sponsored by
DOI for a security clearance for
purposes of responding to an official
inquiry by Federal, State, local, tribal, or
territorial government agencies or
professional licensing authorities; or
facilitating communications with a
former employee that may be relevant
and necessary for personnel-related or
other official purposes when DOI
requires information or consultation
assistance from the former employee
PO 00000
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Fmt 4703
Sfmt 4703
48757
regarding a matter within that person’s
former area of responsibility.
Y. To an agency or organization for
the purpose of performing audits or
oversight operations as authorized by
law, but only such information as is
necessary and relevant to such audit or
oversight function.
Z. To an individual’s prospective or
current employer to the extent necessary
to determine employment eligibility.
POLICIES AND PRACTICES FOR STORAGE OF
RECORDS:
Electronic records are maintained in
information systems, or stored on
magnetic disc, tape or digital media.
Paper records are maintained in file
cabinets in a secure facility behind a
locked door.
POLICIES AND PRACTICES FOR RETRIEVAL OF
RECORDS:
Records may be retrieved by name,
Social Security number, date of birth,
phone number, and other types of
information by keyword search.
POLICIES AND PRACTICES FOR RETENTION AND
DISPOSAL OF RECORDS:
A records retention schedule for the
Insider Threat Program has been
developed and submitted to NARA for
approval. Pending approval by NARA,
these records will be treated as
permanent. The proposed records
disposition is temporary. Records in the
Insider Threat Program system of
records related to a particular insider
threat will be maintained for twenty-five
years from the date when the insider
threat was discovered. Records related
to cases that are not insider threats will
be destroyed three years after
notifications of death, or five years after
(1) the individual no longer has an
active security clearance held by DOI,
(2) separation or transfer of
employment, or (3) the individual’s
contract relationship with DOI expires;
whichever is applicable. Approved
disposition methods include shredding
or pulping paper records, and
degaussing or erasing electronic records
in accordance with 384 Department
Manual 1 and NARA guidelines.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL
SAFEGUARDS:
The records contained in this system
are safeguarded in accordance with 43
CFR 2.226 and other applicable security
and privacy rules and policies. During
normal hours of operation, paper
records are maintained in locked file
cabinets under the control of authorized
personnel. Computerized records
systems follow the National Institute of
Standards and Technology privacy and
security standards as developed to
E:\FR\FM\31AUN1.SGM
31AUN1
48758
Federal Register / Vol. 86, No. 166 / Tuesday, August 31, 2021 / Notices
comply with the Privacy Act of 1974
(Pub. L. 93–579), Paperwork Reduction
Act of 1995 (Pub. L. 104–13), Federal
Information Security Modernization Act
of 2014 (Pub. L. 113–283), and the
Federal Information Processing
Standards 199, Standards for Security
Categorization of Federal Information
and Information Systems. Computer
servers in which electronic records are
stored are located in secured
Department of the Interior facilities with
physical, technical and administrative
levels of security to prevent
unauthorized access to the DOI network
and information assets. Security
controls include encryption, firewalls,
audit logs, and network system security
monitoring.
Electronic data is protected through
user identification, passwords, database
permissions and software controls.
Access to records in the system is
limited to authorized personnel who
have a need to access the records in the
performance of their official duties, and
each user’s access is restricted to only
the functions and data necessary to
perform that person’s job
responsibilities. System administrators
and authorized users are trained and
required to follow established internal
security protocols and must complete
all security, privacy, and records
management training and sign the DOI
Rules of Behavior.
The Department of the Interior has
exempted portions of this system from
the access procedures of the Privacy Act
pursuant to 5 U.S.C. 552a(j)(2), (k)(1),
(k)(2) and (k)(5). An individual
requesting 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
REQUEST FOR ACCESS.’’ A request for
access must meet the requirements of 43
CFR 2.238.
khammond on DSKJM1Z7X2PROD with NOTICES
CONTESTING RECORD PROCEDURES:
The Department of the Interior has
exempted portions of this system from
the amendment procedures of the
Privacy Act pursuant to 5 U.S.C.
552a(j)(2), (k)(1), (k)(2) and (k)(5). An
individual requesting correction 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.
NOTIFICATION PROCEDURES:
The Department of the Interior has
exempted portions of this system from
20:08 Aug 30, 2021
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
This system contains classified and
unclassified intelligence and law
enforcement investigatory records
related to insider threat and
counterintelligence activities that are
exempt from certain provisions of the
Privacy Act, 5 U.S.C. 552a(j) and (k).
Pursuant to 5 U.S.C. 552a(j)(2), (k)(1),
(k)(2) and (k)(5), the Department of the
Interior has exempted portions of this
system from the Privacy Act subsections
(c)(3), (c)(4), (d), (e)(1) through (e)(3),
(e)(4)(G) through (e)(4)(I), (e)(5), (e)(8),
(e)(12), (f), and (g). In accordance with
5 U.S.C. 553(b), (c) and (e), the
Department of the Interior has
promulgated rules at 43 CFR part 2,
subpart K, and is proposing to amend
these rules in a Notice of Proposed
Rulemaking published separately in the
Federal Register.
HISTORY:
79 FR 52033 (September 2, 2014).
RECORD ACCESS PROCEDURES:
VerDate Sep<11>2014
the notification procedures of the
Privacy Act pursuant to 5 U.S.C.
552a(j)(2), (k)(1), (k)(2) and (k)(5). 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.
Jkt 253001
Teri Barnett,
Departmental Privacy Officer, Department of
the Interior.
[FR Doc. 2021–18710 Filed 8–30–21; 8:45 am]
BILLING CODE 4334–63–P
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[LLNVS01000 L5105.0000.EA0000
LVRCF0200740 241A 20X MO#4500154369]
Notice of Temporary Closure of Public
Lands for the 2021 Rise Lantern
Festival in Clark County, Nevada
Bureau of Land Management,
Interior.
ACTION: Temporary closure on public
lands in Nevada.
AGENCY:
The Las Vegas Field Office
announces the temporary closure of
certain public lands under its
administration in Clark County, Nevada.
This temporary closure is being made in
the interest of public safety in relation
to the authorized 2021 Rise Lantern
Festival. This closure controls access to
multiple points of entry to the festival
SUMMARY:
PO 00000
Frm 00100
Fmt 4703
Sfmt 4703
located on the Jean Dry Lake Bed in
order to minimize the risk of vehicle
collisions with festival participants and
workers. The temporary closure also
ensures adequate time to conduct cleanup of the festival location.
DATES: The temporary closure will go
into effect at 12:01 a.m. on October 1,
2021, and will remain in effect until
11:59 p.m. on October 2, 2021.
ADDRESSES: The closure order and map
of the closure area will be posted at the
Bureau of Land Management (BLM) Las
Vegas Field Office, 4701 North Torrey
Pines Drive, Las Vegas, Nevada 89130,
and on the BLM website: www.blm.gov.
These materials will also be posted at
the access point of Jean Dry Lake Bed
and the surrounding areas.
FOR FURTHER INFORMATION CONTACT:
Jenna Giddens, Outdoor Recreation
Planner, 702–515–5156, jgiddens@
blm.gov. Persons who use a
telecommunications device for the deaf
(TDD) may call the Federal Relay
Service (FRS) at 1–800–877–8339 to
contact the above individual during
normal business hours. The FRS is
available 24 hours a day, 7 days a week,
to leave a message or question with the
above individual. You will receive a
reply during normal business hours.
SUPPLEMENTARY INFORMATION: The Las
Vegas Field Office announces the
temporary closure of selected public
lands under its administration. This
action is being taken to help ensure
public safety and prevent unnecessary
environmental degradation during the
official permitted running of the 2021
Rise Lantern Festival. The public lands
affected by this closure are described as
follows:
Mount Diablo Meridian, Nevada
T. 24 S., R. 60 E.,
secs. 20 and 21, those portions lying
easterly and southerly of the easterly and
southerly right-of-way boundary of State
Route 604; sec. 22; secs. 27 and 28; secs.
29 and 32, those portions lying easterly
and southerly of the easterly and
southerly right-of-way boundary of State
Route 604; secs. 33 and 34.
T. 25 S., R. 60 E.,
sec. 2, W1/2; secs. 3 thru 5; secs. 8 thru 10;
sec. 11, W1/2; sec. 14, W1/2; secs. 15
thru 17.
The area described contains
approximately 11,200 acres.
Notices will be posted along roads
leading into the public lands subject to
the closure. The closure area includes
the Jean Dry Lake Bed and is bordered
by Hidden Valley to the east, Sheep
Mountain to the southwest, and the
right-of-way boundary of State Route
604. Under the authority of Section
303(a) of the Federal Lands Policy and
E:\FR\FM\31AUN1.SGM
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Agencies
[Federal Register Volume 86, Number 166 (Tuesday, August 31, 2021)]
[Notices]
[Pages 48753-48758]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-18710]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Office of the Secretary
[DOI-2019-0006; 201D0102DM, DS65100000, DLSN00000.000000, DX65103]
Privacy Act of 1974; System of Records
AGENCY: Office of the Secretary, Interior.
ACTION: Notice of a modified system of records.
-----------------------------------------------------------------------
SUMMARY: Pursuant to the provisions of the Privacy Act of 1974, as
amended, the Department of the Interior (DOI) proposes to modify the
DOI-50, Insider Threat Program, system of records. The DOI Office of
Law Enforcement and Security uses this system to identify potential
threats to DOI resources and information assets and facilitate
management of insider threat investigations, complaints, inquiries, and
counterintelligence threat detection activities. DOI is publishing this
revised system of records notice to reflect the updated system location
and system manager address, authorities, expand the scope of categories
of individuals and categories of records in the modified system,
propose new and modified routine uses, and provide general and
administrative updates to the remaining sections of the notice.
Additionally, DOI is publishing a Notice of Proposed Rulemaking
elsewhere in the Federal Register to exempt this system of records from
certain provisions of the Privacy Act. This modified system will be
included in DOI's inventory of record systems.
DATES: This modified system will be effective upon publication. New or
modified routine uses will be effective September 30, 2021. Submit
comments on or before September 30, 2021.
ADDRESSES: You may submit comments, identified by docket number [DOI-
2019-0006], by any of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for sending comments.
Email: [email protected]. Include docket number
[DOI-2019-0006] in the subject line of the message.
U.S. mail or hand-delivery: Teri Barnett, Departmental
Privacy Officer, U.S. Department of the Interior, 1849 C Street NW,
Room 7112, Washington, DC 20240.
Instructions: All submissions received must include the agency name
and docket number [DOI-2019-0006]. All comments received will be posted
without change to https://www.regulations.gov, including any personal
information provided.
Docket: For access to the docket to read background documents or
comments received, go to https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Teri Barnett, Departmental Privacy
Officer, U.S. Department of the Interior, 1849 C Street NW, Room 7112,
Washington, DC 20240, [email protected] or (202) 208-1605.
SUPPLEMENTARY INFORMATION:
I. Background
The DOI Office of Law and Enforcement and Security (OLES) maintains
the Insider Threat Program system of records. This system of records
helps the OLES manage insider threat matters and counterintelligence
threat detection and prevention within the DOI. The Insider Threat
Program was mandated by Presidential Executive Order 13587, issued
October 7, 2011, which requires Federal agencies to establish an
insider threat detection and prevention program to ensure the security
of classified networks and the responsible sharing and safeguarding of
classified information consistent with
[[Page 48754]]
appropriate protections for privacy and civil liberties. The OLES uses
this system to detect, deter and mitigate potential threats to the DOI
resources and information assets; facilitate insider threat
investigations, complaints, and inquiries; and conduct
counterintelligence threat detection activities.
Insider threats include attempted or actual espionage, subversion,
sabotage, terrorism or extremist activities directed against the DOI
and its personnel, facilities, resources, and activities; unauthorized
use of or intrusion into proprietary information systems; unauthorized
disclosure of classified, controlled unclassified, sensitive, or
proprietary-information or technology; and indicators of potential
insider threats or other incidents that may indicate activities of an
insider threat. This system may include information from any DOI
bureau, office, program, record or source, and includes records from
information security, personnel security, and systems security for both
internal and external security threats.
The DOI is publishing this revised notice to update authorities,
reflect the expanded scope of categories of records and categories of
individuals covered by the modified system, add a new section to
describe the purpose of the system, and provide general and
administrative updates to the remaining sections of the notice in
accordance with the Office of Management and Budget (OMB) Circular A-
108, Federal Agency Responsibilities for Review, Reporting, and
Publication under the Privacy Act. Additionally, the DOI is modifying
existing routine uses to further provide clarity and transparency, and
reflect updates consistent with standard DOI routine uses. The DOI is
proposing new routine uses to facilitate the sharing of information
with agencies and organizations as necessary to ensure the efficient
and effective management of inquiries, investigations, or referrals
related to insider threat or counterintelligence matters, promote the
integrity of the records in the system, or carry out a statutory
responsibility of the DOI or Federal Government.
Routine uses A, B, H, I, and O have been modified to provide
additional clarification on external organizations and circumstances
where disclosures are proper and necessary to facilitate insider threat
investigations or comply with Federal requirements. Modified routine
use J and new routine use K allow the DOI to share information with
appropriate Federal agencies or entities when reasonably necessary to
respond to a breach of personally identifiable information and to
prevent, minimize, or remedy the risk of harm to individuals or the
Federal Government, or assist an agency in locating individuals
affected by a breach in accordance with OMB Memorandum M-17-12,
Preparing for and Responding to a Breach of Personally Identifiable
Information.
Proposed routine use N allows sharing with the news media and the
public, when it is necessary to preserve the confidence in the
integrity of the DOI, demonstrate the accountability of its officers,
employees, or individuals covered in the system, or where there exists
a legitimate public interest in the disclosure of the information such
as circumstances that support a legitimate law enforcement or public
safety function, or protects the public from imminent threat of life or
property. Proposed routine use R allows DOI to share information with
third parties when necessary to obtain information pertinent to an
investigation. Proposed routine use S allows DOI to share information
with a public or professional licensing organization when there is an
indication of potential violation of professional standards. Proposed
routine use T facilitates sharing with other Federal agencies in
support of authorized counterintelligence activities. Proposed routine
use U allows DOI to share information with any individual, organization
or entity to notify them of a serious threat to homeland security so
they may guard against or respond to the threat when relevant to the
protection of life, health or property. Proposed routine use V allows
sharing of information with the House Committee on Oversight and
Government Reform and the Senate Homeland Security and Governmental
Affairs Committee pursuant to a written request made under 5 U.S.C.
2954. Proposed routine use W allows DOI to share information with
Federal agencies or entities regarding counterintelligence or insider
threat matters, to obtain information or guidance on the handling of
the matter. Proposed routine use X allows DOI to share information with
former DOI employees, contractors or individuals who were sponsored by
DOI for security clearance to respond to official inquiries or to
facilitate communications or obtain information that is relevant and
necessary for personnel related purposes or other official purpose as
required by DOI. Proposed routine use Y facilitates sharing of records
for audit and oversight purposes as authorized by law and where
necessary and proper to the audit or oversight function. Proposed
routine use Z allows DOI to share information with prospective or
current employers to determine employment eligibility.
In a Notice of Proposed Rulemaking, which is published separately
in the Federal Register, the DOI is proposing to exempt records
maintained in this system from certain provisions of the Privacy Act
pursuant to 5 U.S.C. 552a(k)(1) and (k)(5).
II. Privacy Act
The Privacy Act of 1974, as amended, embodies fair information
practice principles in a statutory framework governing the means by
which Federal agencies collect, maintain, use, and disseminate
individuals' records. The Privacy Act applies to records about
individuals that are maintained in a ``system of records.'' A ``system
of records'' is a group of any records under the control of an agency
from 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. Individuals may
request access to their own records that are maintained in a system of
records in the possession or under the control of the DOI by complying
with DOI Privacy Act regulations at 43 CFR part 2, subpart K, and
following the procedures outlined in the Records Access, Contesting
Record, and Notification Procedures sections of this notice.
The Privacy Act requires each agency to publish in the Federal
Register a description denoting the existence and character of each
system of records that the agency maintains and the routine uses of
each system. The revised DOI-50, Insider Threat Program, system of
records notice is published in its entirety below. In accordance with 5
U.S.C. 552a(r), the DOI has provided a report of this system of records
to the Office of Management and Budget and to Congress.
[[Page 48755]]
III. Public Participation
You should be aware that your entire comment including your
personally identifiable information, such as your address, phone
number, email address, or any other personal information in your
comment, may be made publicly available at any time. While you may
request to withhold your personally identifiable information from
public review, we cannot guarantee we will be able to do so.
SYSTEM NAME AND NUMBER:
INTERIOR/DOI-50, Insider Threat Program.
SECURITY CLASSIFICATION:
Classified and unclassified.
SYSTEM LOCATION:
Counterintelligence Unit, Office of Law Enforcement and Security,
U.S. Department of the Interior, 12201 Sunrise Valley Drive, Reston, VA
20192.
SYSTEM MANAGER(S):
DOI Counterintelligence/Insider Threat Program Manager,
Counterintelligence Unit, Office of Law Enforcement and Security, U.S.
Department of the Interior, 12201 Sunrise Valley Drive, Reston, VA
20192.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Intelligence Reform and Terrorism Prevention Act of 2004, Public
Law 108-458; Intelligence Authorization Act for FY 2010, Public Law
111-259; Title 28 U.S.C. 535, Investigation of Crimes Involving
Government Officers and Employees; Limitations; Title 50 U.S.C. 402a,
Coordination of Counterintelligence Activities; Executive Order 10450,
Security Requirements for Government Employment, April 17, 1953;
Executive Order 12333, United States Intelligence Activities (as
amended); Executive Order 12829, National Industrial Security Program;
Executive Order 12968, Access to Classified Information, August 2,
1995; Executive Order 13467, Reforming Processes Related to Suitability
for Government Employment, Fitness for Contractor Employees, and
Eligibility for Access to Classified National Security Information,
June 30, 2008; Executive Order 13488, Granting Reciprocity on Excepted
Service and Federal Contractor Employee Fitness and Reinvestigating
Individuals in Positions of Public Trust, January 16, 2009; Executive
Order 13526, Classified National Security Information; Executive Order
13587, Structural Reforms to Improve the Security of Classified
Networks and the Responsible Sharing and Safeguarding of Classified
Information, October 7, 2011; Presidential Memorandum National Insider
Threat Policy and Minimum Standards for Executive Branch Insider Threat
Programs, November 21, 2012; and Security Executive Agent Directives
issued by the Office of the Director of National Intelligence.
PURPOSE(S) OF THE SYSTEM:
The purposes of the Insider Threat Program system of records are to
manage counterintelligence and insider threat matters; facilitate
insider threat investigations and activities associated with
counterintelligence complaints, inquiries and investigations; identify
potential threats to DOI resources and information assets; evaluate and
track DOI employees on foreign travel; evaluate and track foreign
visitors as part of the Foreign Visitors Program; review and evaluate
individuals and companies desiring to conduct business with DOI;
evaluate and track supply chain risks; track referrals of potential
insider threats to internal and external partners; and provide
statistical reports and meet other insider threat reporting
requirements.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
The categories of individuals covered in the system include current
and former DOI employees, potential employees, and contractors; other
officials or employees of Federal, state, tribal, territorial, and
local law enforcement organizations; complainants, informants, suspects
and witnesses; covered individuals who have been granted access to
controlled unclassified information or classified information, or who
hold a sensitive position; persons requesting or having access to DOI
facilities, information systems, programs, and infrastructure; members
of the general public, including individuals and/or groups of
individuals who report or are involved with counterintelligence or
insider threat matters, complaints or incidents involving classified
information or systems, or controlled unclassified information;
individuals being investigated as potential insider threats;
individuals desiring to conduct business with DOI; individuals involved
in contracts, bids, or proposals related to procurement or acquisition
activities; individuals identified as the result of an administrative,
security or investigative function who could pose a threat to DOI
operations, data, personnel, facilities and systems; family members,
dependents, relatives, and individuals with a personal association to
an individual who is the subject of an insider threat investigation;
and foreign visitors or foreign contacts that become involved in
potential counterintelligence or insider threat matters.
This system maintains records on U.S. citizens, non-U.S. citizens
and foreign nationals; however, the Privacy Act only applies to
individuals who are U.S. citizens or aliens lawfully admitted for
permanent residence.
CATEGORIES OF RECORDS IN THE SYSTEM:
This system maintains records related to counterintelligence
activities and referrals or investigations of potential insider
threats. Records include incident reports; criminal, civil or
administrative investigative records; background investigations;
personnel security records; facility access records; network security
and communications records; information systems security logs; analyses
and reports; security violations, and inquiries and recommended
remedial actions related to suspected security violations; official and
foreign travel records; foreign visitor records; records of contacts
with foreign persons; financial disclosure reports; financial records;
personnel records; medical records; criminal history records; drug test
results; training records; information on complainants, informants,
suspects, and witnesses; information from Standard Form (SF) 85 and SF
86 questionnaires; Closed Circuit Television (CCTV) recordings;
polygraph examination records; document control registries; courier
authorization requests; derivative classification unique identifiers;
requests for access to sensitive compartmented information (SCI);
briefing/debriefing statements for special programs, sensitive
positions, and related information required in connection to personnel
security clearance determinations; results of preliminary screening
reviews; exhibits, evidence, statements, and affidavits; permits or
leases related to DOI infrastructure or managed resources; bids,
contracts, procurements or acquisition activities related to
individuals and organizations desiring to conduct business with DOI;
and other records involving potential insider threats or activities
directed against DOI and its personnel, facilities, systems or
resources.
These records may contain: Name, Social Security number, date of
birth, place of birth, citizenship, security clearance, home address,
work address, personal or official phone number, personal or official
email address, other
[[Page 48756]]
contact information, drivers license number, vehicle identification
number, license plate number, ethnicity and race, tribal identification
number or other tribal enrollment data, work history, educational
history, affiliations, information on family members, dependents,
relatives and other personal associations, passport number, gender,
fingerprint, hair and eye color, photographic image, video recording,
voiceprint, biometric data, any other physical or distinguishing
attributes of an individual, and publicly available social media
account information.
Investigation records and incident reports may include additional
information such as photos, video, sketches, medical reports, and
network use records, identification badge data, facility and access
control records, email and text messages. Records may also include
information concerning potential counterintelligence or insider threat
activity, counterintelligence complaints, investigative referrals,
results of incident investigations, case number, forms, nondisclosure
agreements, consent forms, documents, reports, investigative or
analytical efforts of DOI Insider Threat Program personnel,
intelligence reports and database query results relating to individuals
covered by this system; information obtained from other Federal
agencies, organizations, or sources about individuals known or
reasonably suspected of being engaged in conduct constituting,
preparing for, aiding, or relating to an insider threat, including but
not limited to espionage or unauthorized disclosures of controlled
unclassified information and classified national security information;
and correspondence, documents and reports received, generated or
maintained in the course of managing insider threat activities and
conducting investigations related to the protection of DOI resources
and information assets against potential insider threats.
RECORD SOURCE CATEGORIES:
Sources of information in the system include Department, bureau,
office and program officials, employees, contractors, and other
individuals who are associated with or represent the DOI; officials
from other Federal, Tribal, State, territorial, and local government
organizations; other Federal agencies, organizations, or sources
providing information about individuals known or reasonably suspected
of being engaged in conduct constituting, preparing for, aiding, or
relating to an insider threat, including but not limited to espionage
or unauthorized disclosures of classified national security information
or controlled unclassified information; relevant DOI records, databases
and files, including personnel security files, facility access records,
security incidents or violation files, network security records,
investigatory records, visitor records, travel records, foreign visitor
or contact reports, and financial disclosure reports; and complainants,
informants, suspects, and witnesses.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
In addition to those disclosures generally permitted under 5 U.S.C.
552a(b) of the Privacy Act, all or a portion of the records or
information contained in this system may be disclosed outside DOI as a
routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:
A. To the U.S. Department of Justice (DOJ), including Offices of
the U.S. Attorneys, or other Federal agency conducting litigation or in
proceedings before any court, adjudicative, or administrative body,
when it is relevant or necessary to the litigation and one of the
following is a party to the litigation or has an interest in such
litigation:
(1) DOI or any component of DOI;
(2) Any other Federal agency appearing before the Office of
Hearings and Appeals;
(3) Any DOI employee or former employee acting in his or her
official capacity;
(4) Any DOI employee or former employee acting in his or her
individual capacity when DOI or DOJ has agreed to represent that
employee or pay for private representation of the employee; or
(5) The U.S. Government or any agency thereof, when DOJ determines
that DOI is likely to be affected by the proceeding.
B. To a congressional office in response to a written inquiry that
an individual covered by the system has made to the office, to the
extent the records have not been exempted from disclosure pursuant to 5
U.S.C. 552a(j) and (k).
C. 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 the reason for which the records are collected or maintained, to
the extent the records have not been exempted from disclosure pursuant
to 5 U.S.C. 552a(j) and (k).
D. 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.
E. 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.
F. 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.
G. To representatives of the National Archives and Records
Administration (NARA) to conduct records management inspections under
the authority of 44 U.S.C. 2904 and 2906.
H. 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.
I. To an expert, consultant, grantee, 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.
J. To appropriate agencies, entities, and persons when:
(1) DOI suspects or has confirmed that there has been a breach of
the system of records;
(2) DOI has determined that as a result of the suspected or
confirmed breach there is a risk of harm to individuals, DOI (including
its information systems, programs, and operations), the Federal
government, or national security; and
(3) the disclosure made to such agencies, entities and persons is
reasonably necessary to assist in connection with DOI's efforts to
respond to the suspected or confirmed breach or to prevent, minimize,
or remedy such harm.
K. To another Federal agency or Federal entity, when DOI determines
that information from this system of records is reasonably necessary to
assist the recipient agency or entity in:
(1) responding to a suspected or confirmed breach; or
(2) preventing, minimizing, or remedying the risk of harm to
[[Page 48757]]
individuals, the recipient agency or entity (including its information
systems, programs, and operations), the Federal Government, or national
security, resulting from a suspected or confirmed breach.
L. To the Office of Management and Budget (OMB) during the
coordination and clearance process in connection with legislative
affairs as mandated by OMB Circular A-19.
M. To the Department of the Treasury to recover debts owed to the
United States.
N. 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.
O. To the Department of Justice, the Federal Bureau of
Investigation, the Department of Homeland Security, the Office of the
Director of National Intelligence, and other Federal, State,
territorial and local law enforcement agencies for the purpose of
referring potential counterintelligence or insider threats and
information exchange on counterintelligence and or insider threat
activity.
P. To agency contractors, grantees, or volunteers for DOI or other
Federal Departments who have been engaged to assist the Government in
the performance of a contract, grant, cooperative agreement, or other
activity related to this system of records and who need to have access
to the records in order to perform the activity.
Q. To any criminal, civil, or regulatory authority (whether
Federal, State, territorial, local, or tribal) for the purpose of
providing background search information on individuals for legally
authorized purposes, including but not limited to background checks on
individuals residing in a home with a minor or individuals seeking
employment opportunities requiring background checks.
R. To third parties during the course of an investigation to the
extent necessary to obtain information pertinent to the investigation,
provided disclosure is appropriate to the proper performance of the
official duties of the individual making the disclosure.
S. To a public or professional licensing organization for the
purpose of verifying information, or when information indicates, either
by itself or in combination with other information, a violation or
potential violation of professional standards, or reflects on the
moral, educational, or professional qualifications of an individual who
is licensed or who is seeking to become licensed.
T. To any Federal, State, local, tribal, territorial, foreign, or
multinational government or agency, or appropriate private sector
individuals and organizations lawfully engaged in intelligence or
counterintelligence activities, national security, homeland defense,
counterterrorism, or law enforcement intelligence for that entity's
official responsibilities, including responsibilities to counter,
deter, prevent, prepare for, respond to, threats to national or
homeland security, including an act of terrorism or espionage.
U. To any individual, organization, or entity, as appropriate, to
notify them of a serious threat to homeland security for the purpose of
guarding them against or responding to such a threat, or when there is
a reason to believe that the recipient is or could become the target of
a particular threat, to the extent the information is relevant to the
protection of life, health, or property.
V. To members of the House Committee on Oversight and Government
Reform and the Senate Homeland Security and Governmental Affairs
Committee pursuant to a written request under 5 U.S.C. 2954, or other
committee with oversight of matters within their jurisdiction
pertaining to Insider Threat Program activities, after consultation
with the Senior Agency Official for Privacy and legal counsel.
W. To a Federal agency or entity that has information relevant to
an allegation or investigation regarding an insider threat for purposes
of obtaining guidance, additional information, or advice from such
federal agency or entity regarding the handling of a
counterintelligence or insider threat matter, or to a federal agency or
entity that was consulted during the processing of the allegation or
investigation but that did not ultimately have relevant information.
X. To a former DOI employee, DOI contractor, or individual
sponsored by DOI for a security clearance for purposes of responding to
an official inquiry by Federal, State, local, tribal, or territorial
government agencies or professional licensing authorities; or
facilitating communications with a former employee that may be relevant
and necessary for personnel-related or other official purposes when DOI
requires information or consultation assistance from the former
employee regarding a matter within that person's former area of
responsibility.
Y. To an agency or organization for the purpose of performing
audits or oversight operations as authorized by law, but only such
information as is necessary and relevant to such audit or oversight
function.
Z. To an individual's prospective or current employer to the extent
necessary to determine employment eligibility.
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
Electronic records are maintained in information systems, or stored
on magnetic disc, tape or digital media. Paper records are maintained
in file cabinets in a secure facility behind a locked door.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Records may be retrieved by name, Social Security number, date of
birth, phone number, and other types of information by keyword search.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
A records retention schedule for the Insider Threat Program has
been developed and submitted to NARA for approval. Pending approval by
NARA, these records will be treated as permanent. The proposed records
disposition is temporary. Records in the Insider Threat Program system
of records related to a particular insider threat will be maintained
for twenty-five years from the date when the insider threat was
discovered. Records related to cases that are not insider threats will
be destroyed three years after notifications of death, or five years
after (1) the individual no longer has an active security clearance
held by DOI, (2) separation or transfer of employment, or (3) the
individual's contract relationship with DOI expires; whichever is
applicable. Approved disposition methods include shredding or pulping
paper records, and degaussing or erasing electronic records in
accordance with 384 Department Manual 1 and NARA guidelines.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
The records contained in this system are safeguarded in accordance
with 43 CFR 2.226 and other applicable security and privacy rules and
policies. During normal hours of operation, paper records are
maintained in locked file cabinets under the control of authorized
personnel. Computerized records systems follow the National Institute
of Standards and Technology privacy and security standards as developed
to
[[Page 48758]]
comply with the Privacy Act of 1974 (Pub. L. 93-579), Paperwork
Reduction Act of 1995 (Pub. L. 104-13), Federal Information Security
Modernization Act of 2014 (Pub. L. 113-283), and the Federal
Information Processing Standards 199, Standards for Security
Categorization of Federal Information and Information Systems. Computer
servers in which electronic records are stored are located in secured
Department of the Interior facilities with physical, technical and
administrative levels of security to prevent unauthorized access to the
DOI network and information assets. Security controls include
encryption, firewalls, audit logs, and network system security
monitoring.
Electronic data is protected through user identification,
passwords, database permissions and software controls. Access to
records in the system is limited to authorized personnel who have a
need to access the records in the performance of their official duties,
and each user's access is restricted to only the functions and data
necessary to perform that person's job responsibilities. System
administrators and authorized users are trained and required to follow
established internal security protocols and must complete all security,
privacy, and records management training and sign the DOI Rules of
Behavior.
RECORD ACCESS PROCEDURES:
The Department of the Interior has exempted portions of this system
from the access procedures of the Privacy Act pursuant to 5 U.S.C.
552a(j)(2), (k)(1), (k)(2) and (k)(5). An individual requesting 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 REQUEST FOR ACCESS.'' A request
for access must meet the requirements of 43 CFR 2.238.
CONTESTING RECORD PROCEDURES:
The Department of the Interior has exempted portions of this system
from the amendment procedures of the Privacy Act pursuant to 5 U.S.C.
552a(j)(2), (k)(1), (k)(2) and (k)(5). An individual requesting
correction 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.
NOTIFICATION PROCEDURES:
The Department of the Interior has exempted portions of this system
from the notification procedures of the Privacy Act pursuant to 5
U.S.C. 552a(j)(2), (k)(1), (k)(2) and (k)(5). 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.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
This system contains classified and unclassified intelligence and
law enforcement investigatory records related to insider threat and
counterintelligence activities that are exempt from certain provisions
of the Privacy Act, 5 U.S.C. 552a(j) and (k). Pursuant to 5 U.S.C.
552a(j)(2), (k)(1), (k)(2) and (k)(5), the Department of the Interior
has exempted portions of this system from the Privacy Act subsections
(c)(3), (c)(4), (d), (e)(1) through (e)(3), (e)(4)(G) through
(e)(4)(I), (e)(5), (e)(8), (e)(12), (f), and (g). In accordance with 5
U.S.C. 553(b), (c) and (e), the Department of the Interior has
promulgated rules at 43 CFR part 2, subpart K, and is proposing to
amend these rules in a Notice of Proposed Rulemaking published
separately in the Federal Register.
HISTORY:
79 FR 52033 (September 2, 2014).
Teri Barnett,
Departmental Privacy Officer, Department of the Interior.
[FR Doc. 2021-18710 Filed 8-30-21; 8:45 am]
BILLING CODE 4334-63-P