05-7498. Privacy Act of 1974; Notice of Amendment to System of Records

AGENCY:

Institute of Museum and Library Services (IMLS), National Foundation on the Arts and the Humanities.

ACTION:

Notice of amendment to system of records.

SUMMARY:

The Institute of Museum and Library Services (IMLS), is publishing an amendment of its systems of records with descriptions of the systems and the ways they are maintained, as required by the Privacy Act of 1974, 5 U.S.C. 552(a)(e)(4). This notice clarifies the appropriate systems managers, thus enabling individuals who wish to access information maintained in IMLS systems to make accurate and specific requests for such information.

EFFECTIVE DATE:

The amended system notice is effective upon date of publication.

FOR FURTHER INFORMATION CONTACT:

Nancy E. Weiss, General Counsel, or Rebecca W. Danvers, Director of Research and Technology, Institute for Museum and Library Services, 1100 Pennsylvania Avenue, NW., Room 802, Washington, DC 20506; by telefax at [phone]; or by electronic mail at [e-mail].

SUPPLEMENTARY INFORMATION:

In accordance with 5 U.S.C. 552a(e)(4), IMLS today is publishing an amended notice of the existence and character of its systems of records in order to make available in one place in the Federal Register the most up-to-date information regarding these systems.

Statement of General Routine Uses

The following general routine uses are incorporated by reference into each system of records set forth herein, unless specifically limited in the system description.

1. A record may be disclosed as a routine use to a Member of Congress or his or her staff, when the Member of Congress or his or her staff requests the information on behalf of, and at the request of, the individual who is the subject of the record.

2. A record may be disclosed as a routine use to designated officers and employees of other agencies and departments of the Federal government having an interest in the subject individual for employment purposes (including the hiring or retention of any employee; the issuance of a security clearance; the letting of a contract; or the issuance of a license, grant, or other benefits by the requesting agency) to the extent that the information is relevant and necessary to the requesting agency's decision on the matter involved.

3. In the event that a record in a system of records maintained by IMLS indicates, either by itself or in combination with other information in IMLS' possession, a violation or potential violation of the law (whether civil, criminal, or regulatory in nature, and whether arising by statute or by regulation, rule, or order issued pursuant thereto), that record may be referred, as a routine use, to the appropriate agency, whether Federal, State, local, or foreign, charged with investigating or prosecuting such violation, or charged with enforcing or implementing the statue, rule, regulation, or order issued pursuant thereto. Such referral shall be deemed to authorize: (1) Any and all appropriate and necessary uses of such records in a court of law or before an administrative board or hearing; and (2) Such other interagency referrals as may be necessary to carry out the receiving agencies' assigned law enforcement duties.

4. The names, Social Security numbers, home addresses, dates of birth, dates of hire, quarterly earnings, employer identifying information, and State of hire of employees may be disclosed as a routine use to the Office of Child Support Enforcement, Administration for Children and Families, Department of Health and Human Services, as follows:

(a) For use in the Federal Parent Locator System (FPLS) and the Federal Tax Offset System for the purpose of locating individuals to establish paternity, establishing and modifying orders of child support, identifying sources of income, and for other child support enforcement actions as required by the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (Pub. L. 104-193);

(b) For release to the Social Security Administration for the purpose of verifying Social Security numbers in connection with the operation of FPLS; and

(c) For release to the U.S. Department of the Treasury (Treasury) for the purpose of payroll, savings bonds, and other deductions; administering the Earned Income Tax Credit Program (section 32, Internal Revenue Code of 1986); and verifying a claim with respect to employment on a tax return, as required by the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (Pub. L. 104-193);

5. A record may be disclosed as a routine use in the course of presenting evidence to a court, magistrate, or administrative tribunal of appropriate jurisdiction, and such disclosure may include disclosures to opposing counsel in the course of settlement negotiations.

6. Information from any system of records may be used as a data source for management information, for the production of summary descriptive statistics and analytical studies in support of the function for which the records are collected and maintained, or for related personnel management functions or manpower studies. Information also may be disclosed to respond to general requests for statistical information (without personal identification of individuals) under the Freedom of Information Act.

7. A record may be disclosed as a routine use to a contractor, expert, or consultant of IMLS (or an office within IMLS) when the purpose of the release is to perform a survey, audit, or other review of IMLS' procedures and operations.

8. A record from any system of records may be disclosed as a routine use to the National Archives and Records Administration as part of records management inspections conducted under the authority of 44 U.S.C. 2904 and 2906.

9. A record may be disclosed to a contractor, grantee, or other recipient of federal funds when the record to be released reflects serious inadequacies with the recipient's personnel, and disclosure of the record is for the purpose of permitting the recipient to effect corrective action in the government's best interest.

10. A record may be disclosed to a contractor, grantee, or other recipient of Federal funds when the recipient has incurred indebtedness to the government through its receipt of government funds, and the release of the record is for the purpose of allowing the debtor to effect collection against a third party.

11. Information in a system of records may be disclosed as a routine use to the Treasury; other Federal agencies; “consumer reporting agencies” (as defined in the Fair Credit Reporting Act, 15 U.S.C. 1681a(f), or the Federal Claims Collection Act of 1966, 31 U.S.C. 3701(a)(3)); or private collection contractors for the purpose of collecting a debt owed to the Federal government as provided in the regulations promulgated by IMLS at 45 CFR part 1183.

Table of Contents

This document gives notice that the following IMLS systems of records are in effect.

IMLS-1 IMLS Reviewers—Application and Award Management (AAMS)

IMLS-2 IMLS Reviewers—Paper Files

IMLS-3 IMLS Reviewers—Native American Grant Consultants

IMLS-4 Personnel/Payroll System

IMLS-1

SYSTEM NAME:

IMLS Reviewers—Application and Award Management System (AAMS)—Automated Systems.

System Location:

Office of Research and Technology, Institute of Museum and Library Services, 1100 Pennsylvania Avenue, NW., Washington, DC 20506.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:

Individuals whom IMLS may ask or has asked to serve as application reviewers.

CATEGORIES OF RECORDS IN THE SYSTEM:

Name, address, telephone number, telefax number, e-mail address, date of birth, identification numbers assigned by IMLS, panel assignments, and other data concerning potential and actual reviewers, including area of expertise. This system is maintained in a Microsoft Sequential Database

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

The Museum and Library Services Act of 2003 (20 U.S.C. 9101 et seq.)

PURPOSE(S):

To provide a central repository for information about experts who could be or have been called upon to review applications, and to enable staff to retrieve and manage reviewer information.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES:

Data in this system may be used for the identification of reviewers, as well as general administration of the grant review process. See also the list of General Routine Uses contained in the Preliminary Statement.

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THIS SYSTEM:

Authorized IMLS staff use passwords to access to the database.

STORAGE:

Records in this system are maintained electronically in Microsoft Sequential databases and related automated systems.

RETRIEVABILITY:

Records in this system are retrieved by name, area of expertise, panel assignment, state and other data elements.

SAFEGUARDS:

This system is maintained in a locked computer room that can be accessed only by authorized employees of IMLS. Access to records in this system is further controlled by password, with different levels of modification rights assigned to individuals and offices at IMLS based upon their specific job functions.

RETENTION AND DISPOSAL:

Records in this system are maintained and updated on a continuing basis, as new information is received. IMLS staff periodically will request updated information from individuals who are included as reviewers in the AAMS. Records will be removed only with the concurrence of the appropriate discipline directors.

SYSTEM MANAGER(S) AND ADDRESS:

Director of Research and Technology; Institute of Museum and Library Services; 1100 Pennsylvania Avenue, NW., Washington, DC 20506.

NOTIFICATION PROCEDURE:

See 45 CFR part 1115.

RECORD ACCESS PROCEDURES:

See 45 CFR part 1115.

CONTESTING RECORD PROCEDURES:

See 45 CFR part 1115.

RECORD SOURCE CATEGORIES:

Data in this system is obtained from individuals covered by the system, as well as from IMLS employees involved in the administration of grants.

EXEMPTIONS CLAIMED FOR THE SYSTEM:

None.

IMLS-2

SYSTEM NAME:

IMLS Reviewers—Paper Files.

SYSTEM LOCATION:

Institute of Museum and Library Services, 1100 Pennsylvania Avenue, NW., Washington, DC 20506.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:

Individuals whom IMLS may ask or has asked to serve as application reviewers.

CATEGORIES OF RECORDS IN THE SYSTEM:

The system also contains information about potential and actual reviewers, including materials such as resumes, reviewer profile forms, and contracts concerning participation on panels.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

The Museum and Library Services Act of 2003 (20 U.S.C. 9101 et seq.)

PURPOSE(S):

To complement the AAMS (IMLS-1) with information well suited for maintenance in hard copy form.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES:

Data in this system may be used for the general administration of the grant review and award process, as well as identification of reviewers and their activities in this capacity. See also the list of General Routine Uses contained in the Preliminary Statement.

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM:

STORAGE:

Records in this system are maintained in file cabinets.

RETRIEVABILITY:

Records in this system are retrieved by name.

SAFEGUARDS:

Rooms containing the records in this system are kept locked during non-working hours.

RETENTION AND DISPOSAL:

Discipline offices maintain paper files that grow as individuals, or discipline directors who are processing individuals for service as reviewers, submit resumes. Resumes and profile forms are removed from these files only when they are replaced by more recent information or when the information has been entered into the electronic system. These files may include panelist contracts, copies of which are forwarded to IMLS' Office of Administration and Budget.

SYSTEM MANAGER(S) AND ADDRESS:

Directors of the Offices of Museum Services and Library Services Discretionary Programs, Institute of Museum and Library Services, 1100 Pennsylvania Avenue, NW., Washington, DC 20506.

NOTIFICATION PROCEDURE:

See 45 CFR part 1115.

RECORD ACCESS PROCEDURES:

See 45 CFR part 1115.

CONTESTING RECORD PROCEDURES:

See 45 CFR part 1115.

RECORD SOURCE CATEGORIES:

Data in this system is obtained from individuals covered by the system, as well as from IMLS employees involved in the administration of grants.

EXEMPTIONS CLAIMED FOR THE SYSTEM:

None.

IMLS-3

SYSTEM NAME:

IMLS Reviewers—Consultant for Native American Grant Projects.

SYSTEM LOCATION:

Institute of Museum and Library Services, 1100 Pennsylvania Avenue, NW., Washington, DC 20506.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:

Individuals who IMLS may ask or has asked to serve as reviewers and consultants for Native American tribal libraries that seek funding for professional assistance.

CATEGORIES OF RECORDS IN THE SYSTEM:

Name, address, telephone number, telefax number, e-mail address, and areas of expertise.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

The Museum and Library Services Act of 2003 (20 U.S.C. 9101 et seq.)

PURPOSE(S):

To provide a central repository for information about individuals with appropriate expertise for tribal libraries which seek funding for professional assistance.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES:

Data in this system is used to identify consultants for Native American tribal libraries.

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM:

The repository is reviewed and records updated once each year. Records for individuals no longer interested in or appropriate for the repository are removed from the electronic file.

STORAGE:

The repository is maintained electronically in a Microsoft Office Access database.

RETRIEVABILITY:

Records in this system are retrieved by name and area of expertise. Only staff in the Office of Library Services—Discretionary Programs' Native American Program can retrieve records from the database.

SAFEGUARDS:

Only authorized IMLS staff can view, add, delete, update or retrieve records in the Access database. Access to records in this system is controlled further by password to the network on which the database resides.

RETENTION AND DISPOSAL:

Records in this database are maintained and updated on an annual basis as new information is received by the program. IMLS staff request updated information from individuals in the database.

SYSTEM MANAGER(S) AND ADDRESS:

Program Officer for the Native American Library Services, Office of Library Services, Discretionary Programs, Institute of Museum and Library Services; 1100 Pennsylvania Avenue, NW., Washington, DC 20506.

NOTIFICATION PROCEDURE:

See 45 CFR part 1115.

RECORD ACCESS PROCEDURES:

See 45 CFR part 1115.

CONTESTING RECORD PROCEDURES:

See 45 CFR part 1115.

RECORD SOURCE CATEGORIES:

Data in this system is obtained from individuals covered by the system, as well as from IMLS employees and other individuals referring potential consultants.

EXEMPTIONS CLAIMED FOR THE SYSTEM:

None.

IMLS-4

SYSTEM NAME:

Payroll/Personnel System.

SYSTEM LOCATION:

Institute of Museum and Library Services, 1100 Pennsylvania Avenue, NW., Washington, DC 20506.

Categories of INDIVIDUALS COVERED BY THE SYSTEM:

Employees of IMLS.

CATEGORIES OF RECORDS IN THE SYSTEM:

Payroll and personnel information, such as time and attendance data, statements of earnings and leave, training data, wage and tax statements, and payroll and personnel transactions. This system includes data that also is maintained in IMLS' official personnel folders, which are managed in accordance with Office of Personnel Management (OPM) regulations. The OPM has given notice of its system of records covering official personnel folders in OPM/GOVT-1.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

The Museum and Library Services Act of 2003 (20 U.S.C. 9010 et seq.); Federal Personnel Manual and Treasury Fiscal Requirements Manual.

PURPOSE(S):

To document IMLS' personnel processes and to calculate and process payroll.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES:

Data in this system may be transmitted to the U.S. Department of Agriculture and Treasury, and employee-designated financial institutions to effect issuance of paychecks to employees and distributions of pay according to employee directions for authorized purposes. Data in this system also may be used to prepare payroll, meet government record keeping and reporting requirements, and retrieve and apply payroll and personnel information as required for agency needs. See also the list of General and Routine Uses contained in the Preliminary Statement.

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM:

STORAGE:

Electronic records in this system are maintained off-site by the Department of Agriculture's National Finance Center (NFC). Paper records generated through the NFC are maintained in file cabinets by the Offices of Administration and Budget/Human Resources after arriving at IMLS. Discipline officers also may use file cabinets to maintain paper records concerning performance reviews and other personnel actions in their divisions.

RETRIEVABILITY:

Records in this system are retrieve by name, Social Security number, or date of birth.

SAFEGUARDS:

Access to the electronic records in this system is controlled by password on the limited number of IMLS computers that can be used to draw information from the NFC. File cabinets containing the paper records in this system either are kept locked during non-business hours, or are located in rooms that are kept locked during non-business hours.

RETENTION AND DISPOSAL:

The Human Resources Officer maintains paper records in this system in accordance with the General Services Administration's General Records Schedule 2. Division offices may maintain paper records concerning performance reviews and other personnel actions in their divisions for the duration of an individual's employment with IMLS.

SYSTEM MANAGER(S) AND ADDRESS:

Human Resources Officer, Institute of Museum and Library Services; 1100 Pennsylvania Avenue, NW., Washington, DC 20506.

NOTIFICATION PROCEDURE:

See 45 CFR part 1115.

RECORD ACCESS PROCEDURES:

See 45 CFR part 1115.

CONTESTING RECORD PROCEDURES.

See 45 CFR part 1115.

RECORD SOURCE CATEGORIES:

Data in this system is obtained from individuals covered by the system, as well as from IMLS employees involved in the administration of personnel and payroll processes.

EXEMPTIONS CLAIMED FOR THE SYSTEM:

None.

Nancy E. Weiss,

General Counsel.