[Federal Register Volume 85, Number 239 (Friday, December 11, 2020)]
[Notices]
[Pages 80127-80131]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-27204]


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DEPARTMENT OF HOMELAND SECURITY

[Docket No. DHS-2020-0049]


Privacy Act of 1974; System of Records

AGENCY: U.S. Department of Homeland Security.

ACTION: Notice of a modified system of records.

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SUMMARY: In accordance with the Privacy Act of 1974, the U.S. 
Department of Homeland Security (DHS) proposes to modify a current DHS 
system of records titled, ``DHS/ALL-047 Records Related to DHS 
Personnel, Long-Term Trainees, Contractors, and Visitors During a 
Declared Public Health Emergency System of Records,'' and retitle it, 
``DHS/ALL-047 Records Related to DHS Personnel, Long-Term Trainees, 
Contractors, Mission Support Individuals, and Visitors During a 
Declared Public Health Emergency System of Records.'' This system of 
records describes DHS's collection, use, and maintenance of records on 
individuals associated with DHS and its facilities during a declared 
public health emergency. DHS is updating this system of records to more 
clearly articulate the relevant authorities and purpose; modify the 
categories of individuals to include individuals who support DHS 
missions, but were outside the previously defined categories of 
individuals; modify the categories of records to include those records 
collected and disclosed in accordance with the requirements of the 
Coronavirus Aid, Relief, and Economic Security Act (CARES Act); and add 
an additional routine use. This modified system will be included in 
DHS's inventory of record systems.

DATES: Submit comments on or before January 11, 2021. This modified 
system will be effective upon publication. New or modified routine uses 
will be effective January 11, 2021.

ADDRESSES: You may submit comments, identified by docket number DHS-
2020-0049 by one of the following methods:
    <bullet> Federal e-Rulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
    <bullet> Fax: 202-343-4010.
    <bullet> Mail: Constantina Kozanas, Chief Privacy Officer, Privacy 
Office, U.S. Department of Homeland Security, Washington, DC 20528-
0655.
    Instructions: All submissions received must include the agency name 
and docket number DHS-2020-0049. All comments received will be posted 
without change to http://www.regulations.gov, including any personal 
information provided.
    Docket: For access to the docket to read background documents or 
comments received, go to http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: For general and privacy questions, 
please contact: Constantina Kozanas, (202) 343-1717, 
<a href="/cdn-cgi/l/email-protection#6e3e1c07180f0d172e061f400a061d40090118"><span class="__cf_email__" data-cfemail="beeeccd7c8dfddc7fed6cf90dad6cd90d9d1c8">[email protected]</span></a>, Chief Privacy Officer, Privacy Office, U.S. 
Department of Homeland Security, Washington, DC 20528-0655.

SUPPLEMENTARY INFORMATION:

I. Background

    The Secretary of the Department of Health and Human Services (HHS) 
may, under section 319 of the Public Health Service (PHS) Act (codified 
at 42 U.S.C. 247d), declare that: (a) A disease or disorder presents a 
public health emergency; or (b) that a public health emergency, 
including significant outbreaks of infectious disease or bioterrorist 
attacks, otherwise exists. The declaration lasts for the duration of 
the emergency or 90 days but may be extended by the Secretary of HHS. 
Congress must be notified of the declaration within 48 hours. The U.S. 
Department of Homeland Security (DHS) must ensure the safety of its 
workforce, including when the Secretary of HHS or the responsible, 
designated State official determines and declares that a public health 
emergency exists. Responses to public health emergencies depend on the 
nature of the emergency, but in the context of infectious disease or 
other events that can cause widespread harm to the health of DHS 
personnel and others in DHS facilities, in order to ensure a safe and 
secure workspace, DHS may collect information on DHS personnel (i.e., 
employees, detailees, interns, and volunteers), contractors, long-term 
trainees, mission support individuals, and visitors at or on buildings, 
grounds, and properties that are owned, leased, or used by DHS.
    This system of records covers information collected on DHS 
personnel, contractors, long-term trainees, mission support 
individuals, and visitors at or on buildings, grounds, and properties 
that are owned, leased, or used by DHS who have contracted or may have 
been exposed to a suspected or confirmed disease or illness that is the 
subject of a declared public health emergency or who must undergo 
preventative testing for a disease or illness that is the subject of a 
declared public health emergency as a requirement of federal, state, or 
local public health orders. The information collected may include 
identifying and contact information of individuals who have been 
suspected or confirmed to have contracted a disease or illness, or who 
have been exposed to an individual who had been suspected or confirmed 
to have contracted a disease or illness, related to a declared public 
health emergency; individual circumstances and dates of suspected 
exposure; testing results, symptoms, and treatments; and health status 
information. DHS maintains this information to reduce the spread of the 
disease or illness among DHS personnel, contractors, long-term 
trainees, mission support individuals, and visitors at or on buildings, 
grounds, and properties that are owned, leased, or used by DHS. In 
certain instances, depending on the type of record collected and 
maintained, for federal employees, this information will also be 
maintained and covered by Office of Personnel Management/Government-10 
Employee Medical File System Records (75 FR 35099, June 21, 2010). 
However, any collection and use of records covered by the DHS/ALL-047 
Records Related to DHS Personnel, Long-Term Trainees, Contractors, 
Mission Support Individuals, and Visitors During a Declared Public 
Health Emergency System of Records is only permitted during times of a 
declared public health emergency and when the circumstances permit the 
Department to collect and maintain such information on the various 
categories of DHS personnel, contractors, long-term trainees, mission 
support individuals, and visitors at or on buildings, grounds, and 
properties that are owned, leased, or used by DHS.
    It must first be determined that the circumstances surrounding the 
declared public health emergency permit the Department to collect and 
maintain the information that may fall within the scope of this system 
of records. To make this determination, these circumstances must be 
examined in conjunction with all applicable laws, including the U.S. 
Constitution, federal privacy laws, federal labor and employment laws, 
and federal workforce health and safety laws. Different laws may apply

[[Page 80128]]

depending upon the type of information at issue, who the information 
pertains to, who collected the information, and how the information is 
collected, maintained, and used by the Department.
    For instance, when collecting information on DHS employees, there 
are several employment laws that govern the collection, dissemination, 
and retention of employee medical information. These employment laws 
include the Americans with Disability Act (ADA), the Rehabilitation Act 
of 1973 (Rehab Act), and the Occupational Safety and Health Act of 1970 
(OSH Act). Generally, under federal employment laws, medical 
information pertaining to employees is confidential and may be obtained 
by an employer only for certain reasons and only at certain points in 
the employment relationship. During a public health emergency, an 
employer may be permitted to collect certain employee medical 
information that it would not otherwise be permitted to collect 
depending upon the circumstances. Whether an employer is permitted to 
collect otherwise confidential employee medical information during a 
public health emergency depends upon whether an employee or a potential 
employee poses a ``direct threat'' to others within the meaning of the 
Americans with Disabilities Act of 1990, the Americans with 
Disabilities Amendments Act of 2008, and the Rehabilitation Act of 
1973. Again, this system of records will apply if it is determined that 
the circumstances permit the Department to legally collect the employee 
medical information at issue in the first instance.
    Further, this system of records notice (SORN) is being updated to 
include a reference to the Genetic Information Nondiscrimination Act of 
2008 (GINA), 42 U.S.C. 2000ff to ff-11. Title II of GINA prohibits 
employment discrimination based on genetic information, including 
family medical history; restricts the circumstances under which 
employers may lawfully acquire applicants' and employees' genetic 
information; and prohibits the disclosure of applicants' and employees' 
genetic information, with limited exceptions, including those stated in 
42 U.S.C. 2000ff-5(b) and 29 CFR 1635.9(b). DHS may request the 
circumstances of an individual's suspected or actual exposure to a 
disease or illness that is the subject of a declared public health 
emergency, including the source of exposure. Although it is not the 
intent for DHS to collect family medical information, an individual may 
indicate that they were exposed to specific family members who have 
been diagnosed with, or are suspected to have, the disease or illness 
in question. To the extent this information may be acquired 
inadvertently, such information will be kept as a ``confidential 
medical record'' and maintained separately from an employee's general 
medical files, pursuant to 42 U.S.C. 2000ff-5(a) and 29 CFR 1635.9(a).
    This SORN is also being updated to include DHS mission support 
individuals in the categories of individuals. DHS mission support 
individuals include those who are assigned from other federal, state, 
local, or private agencies to support DHS missions and operations at or 
on buildings, grounds, and properties that are owned, leased, or used 
by DHS. For example, the Federal Emergency Management Agency (FEMA) may 
collect information from non-DHS individuals, including those from a 
state agency, that have been assigned to work a disaster response in 
support of DHS and FEMA.
    Additionally, this SORN is being published to update the 
authorities and categories of records to include records that are 
required to be reported to public health officials in accordance with 
the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), as 
cited in the authorities' section below. The CARES Act requires 
``[e]very laboratory that performs or analyzes a test that is intended 
to detect or to diagnose a possible case of COVID-19 to report the 
results from each such test to the Secretary of HHS in such form and 
manner, and at such timing and frequency, as the Secretary may 
prescribe until the end of the Secretary's Public Health Emergency 
declaration with respect to COVID-19 or any extension of such 
declaration.'' As provided for by HHS guidance, laboratory entities are 
required to report certain data for all testing completed, for each 
individual tested, within 24 hours of results being known or 
determined, on a daily basis to the appropriate state or local public 
health department based on the individual's residence. To the extent 
permitted by law, this information may be collected, and subsequently 
shared with state and local public health officials, as a result of DHS 
contracting with laboratories to analyze tests to determine whether a 
DHS employee, long-term trainee, mission support individual, or 
contractor had contracted the disease or illness. This additional 
change to include testing reporting requirements is reflected in the 
updated purpose section of this SORN.
    DHS is adding Routine Use I, permitting the sharing of information 
to the news media and the public, with the approval of the Chief 
Privacy Officer in consultation with counsel. Instances of this 
disclosure may occur if high-ranking DHS personnel are impacted and 
disclosure of their status is important to uphold public confidence in 
DHS.
    Consistent with DHS's information sharing mission, information 
stored in the DHS/ALL-047 Records Related to DHS Personnel, Long-Term 
Trainees, Contractors, Mission Support Individuals, and Visitors During 
a Declared Public Health Emergency System of Records may be shared with 
other DHS Components that have a need to know the information to carry 
out their mission essential functions, but only if it is first 
determined that the information may be shared under all other 
applicable laws and DHS policies.
    In addition, to the extent permitted by law, DHS may share 
information with appropriate federal, state, local, tribal, 
territorial, foreign, or international government agencies consistent 
with the routine uses set forth in this SORN.
    This modified system will be included in DHS's inventory of record 
systems.

II. Privacy Act

    The Privacy Act embodies fair information practice principles in a 
statutory framework governing the means by which federal government 
agencies collect, maintain, use, and disseminate individuals' records. 
The Privacy Act applies to information that is maintained in a ``system 
of records.'' A ``system of records'' is a group of any records under 
the control of an agency 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. In the Privacy Act, 
an individual is defined to encompass U.S. citizens and lawful 
permanent residents. Additionally, the Judicial Redress Act (JRA) 
provides covered persons with a statutory right to make requests for 
access and amendment to covered records, as defined by the JRA, along 
with judicial review for denials of such requests. In addition, the JRA 
prohibits disclosures of covered records, except as otherwise permitted 
by the Privacy Act.
    Below is the description of the DHS/ALL-047 Records Related to DHS 
Personnel, Long-Term Trainees, Contractors, Mission Support 
Individuals, and Visitors During a Declared Public Health Emergency 
System of Records.

[[Page 80129]]

    In accordance with 5 U.S.C. 552a(r), DHS has provided a report of 
this system of records to the Office of Management and Budget and to 
Congress.

SYSTEM NAME AND NUMBER:
    U.S. Department of Homeland Security (DHS)/ALL-047 Records Related 
to DHS Personnel, Long-Term Trainees, Contractors, Mission Support 
Individuals, and Visitors During a Declared Public Health Emergency 
System of Records.

SECURITY CLASSIFICATION:
    Unclassified.

SYSTEM LOCATION:
    Records are maintained at the DHS Headquarters and Component 
offices in Washington, DC and field offices, and contractor-owned and 
operated facilities.

SYSTEM MANAGER(S):
    Chief, Medical Quality & Risk Reduction Branch, Workforce Health 
and Safety, Office of the Chief Human Capital Officer, U.S. Department 
of Homeland Security, <a href="/cdn-cgi/l/email-protection#0b44484348445b79627d6a6872446d6d62686e794b637a256f6378256c647d"><span class="__cf_email__" data-cfemail="eda2aea5aea2bd9f849b8c8e94a28b8b848e889fad859cc389859ec38a829b">[email protected]</span></a>.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    Section 319 of the Public Health Service (PHS) Act (42 U.S.C. 
274d); Coronavirus Aid, Relief, and Economic Security (CARES) Act, 
Public Law 116-136, Div. B., Title VIII, sec. 18115, 134 Stat. 574 
(codified in 42 U.S.C. 274d note); DHS Chief Medical Officer's 
authorities pursuant to 6 U.S.C. sec. 350 and 6 U.S.C. sec. 597; 6 
U.S.C. sec. 464; 21 U.S.C. 360bbb-3; 40 U.S.C. 1315; American with 
Disabilities Act, including 42 U.S.C. 12112(d)(3)(B), 29 CFR 602.14, 
1630.2(r), 1630.14(b)(1), (c)(1), (d)(4); Medical Examinations for 
Fitness for Duty Requirements, including 5 CFR part 339; Workforce 
safety federal requirements, including the Occupational Safety and 
Health Act of 1970, Executive Order 12196, 5 U.S.C. 7902; 29 U.S.C. 
Chapter 15 (e.g., 29 U.S.C. 668), 29 CFR part 1904, 29 CFR 1910.1020, 
and 29 CFR 1960.66; Genetic Information Nondiscrimination Act of 2008, 
42 U.S.C. secs. 2000ff to ff-11, and 29 CFR part 1635; and United 
States Coast Guard authorities, including 10 U.S.C. Subtitle A, Part 
II, Chapter 55, Medical and Dental Care, as applicable, 14 U.S.C. 
504(a)(17), 14 U.S.C. 936, 14 U.S.C. 3705, 42 U.S.C. 253, 32 CFR part 
199, and 42 CFR 31.2-31.10.

PURPOSE(S) OF THE SYSTEM:
    The purpose of this system is to maintain records to protect the 
Department's workforce and respond to a declared public health 
emergency. For instance, DHS may use the information collected to 
conduct contact tracing (i.e., the subsequent identification, 
monitoring, and support of a confirmed or probable case's close 
contacts who have been exposed to, and possibly infected with, the 
disease or illness at or on buildings, grounds, and properties that are 
owned, leased, or used by DHS); institute preventative testing to 
permit entry to buildings, grounds, and properties that are owned, 
leased, or used by DHS to minimize exposure; and fulfill testing 
reporting requirements, to the extent permitted by law.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Department personnel (including employees, detailees, interns, and 
volunteers), long-term trainees (such as Federal Law Enforcement 
Training Centers (FLETC) students), contractors, mission support 
individuals, and visitors (all other federal employees, applicants, and 
members of the public) at or on buildings, grounds, and properties that 
are owned, leased, or used by DHS who are suspected or confirmed to 
have a disease or illness that is the subject of a declared public 
health emergency, or may have been or could have been exposed to 
someone who is suspected or confirmed to have a disease or illness that 
is the subject of a declared public health emergency, or who must 
undergo preventative testing for a disease or illness that is the 
subject of a declared public health emergency as a requirement of 
federal, state, or local public health orders.

CATEGORIES OF RECORDS IN THE SYSTEM:
    For DHS personnel, long-term trainees, contractors, and mission 
support individuals, the following information may be collected:
    <bullet> Individual's full name;
    <bullet> Preferred phone number(s);
    <bullet> DHS duty location, facility, and specific work space 
accessed;
    <bullet> Preferred email address(es);
    <bullet> Individual's supervisor's name, address, and contact 
information, and/or the contractor's supervisor/contracting officer 
representative name, address, and contact information;
    <bullet> Date(s) and circumstances of the individual's suspected or 
actual exposure to disease or illness including symptoms, as well as 
locations within DHS workplace where an individual may have contracted 
or been exposed to the disease or illness; and names and contact 
information of other employees, long-term trainees, contractors, 
mission support individuals, or visitors that the individual interacted 
with at or on a DHS workspace, facility, or grounds during time the 
individual was suspected to or had contracted the disease or illness;
    <bullet> Current work status of the individual (e.g., 
administrative leave, sick leave, teleworking, in the office, deployed 
to the field) and affiliated leave status information;
    <bullet> Other individual information directly related to the 
disease or illness (e.g., testing results/information, symptoms, 
treatments (e.g., vaccines), source of exposure);
    <bullet> Other information for verification purposes when disclosed 
to third-parties; and
    <bullet> Information collected in accordance with CARES Act 
reporting requirements or other HHS statutory, regulatory, and 
administrative reporting requirements.
    For visitors at or on buildings, grounds, and properties that are 
owned, leased, or used by DHS, the following information may be 
collected:
    <bullet> Full name;
    <bullet> Preferred phone number(s);
    <bullet> Preferred email address(es);
    <bullet> Date(s) and time(s) of entrance and exit from DHS 
workspaces, facilities, and grounds;
    <bullet> Name(s) of all individuals encountered while in or at DHS 
workspaces, facilities, and grounds.
    <bullet> Information indicating plans on entering a DHS workspace, 
facility, or grounds in the near future; and
    <bullet> Other records covered by DHS/ALL-024 Facility and 
Perimeter Access Control and Visitor Management System of Records (75 
FR 5609, February 3, 2010) that are relevant and necessary to achieve 
the purpose of this SORN.

RECORD SOURCE CATEGORIES:
    When permitted by applicable law, records may be obtained from DHS 
personnel, long-term trainees, contractors, mission support 
individuals, and visitors at or on buildings, grounds, and properties 
that are owned, leased, or used by DHS; their family members; federal, 
state, local, tribal, territorial, and foreign government agencies; 
employers and other entities and individuals who may provide relevant 
information on a suspected or confirmed disease or illness that is the 
subject of a declared public health emergency.

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

[[Page 80130]]

contained in this system may be disclosed outside DHS as a routine use 
pursuant to 5 U.S.C. 552a(b)(3) as follows, to the extent permitted by 
other applicable laws as described herein:
    A. To the Department of Justice (DOJ), including the U.S. Attorneys 
Offices, or other federal agency conducting litigation or 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. DHS or any component thereof;
    2. Any employee or former employee of DHS in his/her official 
capacity;
    3. Any employee or former employee of DHS in his/her individual 
capacity, only when DOJ or DHS has agreed to represent the employee; or
    4. The United States or any agency thereof.
    B. To a congressional office from the record of an individual in 
response to an inquiry from that congressional office made at the 
request of the individual to whom the record pertains.
    C. To the National Archives and Records Administration (NARA) or 
General Services Administration pursuant to records management 
inspections being conducted under the authority of 44 U.S.C. 2904 and 
2906.
    D. To an agency or organization for the purpose of performing audit 
or oversight operations as authorized by law, but only such information 
as is necessary and relevant to such audit or oversight function.
    E. To appropriate agencies, entities, and persons when (1) DHS 
suspects or has confirmed that there has been a breach of the system of 
records; (2) DHS has determined that as a result of the suspected or 
confirmed breach there is a risk of harm to individuals, DHS (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 DHS's efforts to respond to the suspected or confirmed 
breach or to prevent, minimize, or remedy such harm.
    F. To another federal agency or federal entity, when DHS 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 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.
    G. To contractors and their agents, grantees, experts, consultants, 
and others performing or working on a contract, service, grant, 
cooperative agreement, or other assignment for DHS, when necessary to 
accomplish an agency function related to this system of records. 
Individuals provided information under this routine use are subject to 
the same Privacy Act requirements and limitations on disclosure as are 
applicable to DHS officers and employees.
    H. To appropriate federal, state, local, tribal, or foreign 
governmental agencies or multilateral governmental organizations, to 
the extent permitted by law, and in consultation with DHS legal 
counsel, for the purpose of protecting the vital interests of a data 
subject or other persons, including to assist such agencies or 
organizations in preventing exposure to or transmission of a 
communicable or quarantinable disease or to combat other significant 
public health threats; appropriate notice will be provided of any 
identified health risk.
    I. To the news media and the public, with the approval of the Chief 
Privacy Officer in consultation with counsel, when there exists a 
legitimate public interest in the disclosure of the information, when 
disclosure is necessary to preserve confidence in the integrity of DHS, 
or when disclosure is necessary to demonstrate the accountability of 
DHS's officers, employees, or individuals covered by the system, except 
to the extent the Chief Privacy Officer determines that release of the 
specific information in the context of a particular case would 
constitute a clearly unwarranted invasion of personal privacy.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    DHS stores records in this system electronically or on paper in 
secure facilities in a locked drawer behind a locked door. The records 
may be stored on magnetic disc, tape, and digital media. Medical 
information collected is maintained on separate forms and in separate 
medical files and are treated as a confidential medical record.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    DHS may retrieve records by any of the categories of records, 
including name, location, testing ID number, date of exposure, or work 
status.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    DHS is in the process of developing a records schedule for declared 
public health emergency records. However, to the extent applicable, to 
ensure compliance with Americans with Disabilities Act (ADA), the 
Rehabilitation Act, and the Genetic Information Nondiscrimination Act 
of 2008 (GINA), medical information must be ``maintained on separate 
forms and in separate medical files and be treated as a confidential 
medical record.'' 42 U.S.C. 12112(d)(3)(B); 42 U.S.C. sec 2000ff-5(a); 
29 CFR 1630.14(b)(1), (c)(1), (d)(4)(i); and 29 CFR 1635.9(a). This 
means that medical information and documents must be stored separately 
from other personnel records. As such, the Department must keep medical 
records for at least one year from creation date. 29 CFR 1602.14. 
Further, any records compiled under this SORN and incorporated into an 
occupational individual medical case record pursuant to the OSH Act 
must be maintained in accordance with 5 CFR part 293.511(b) and 29 CFR 
1910.1020(d), and must be destroyed 30 years after employee separation 
or when the Official Personnel Folder (OPF) is destroyed, whichever is 
longer, in accordance with NARA General Records Schedule (GRS) 2.7, 
Item 60, and NARA records retention schedule DAA-GRS-2017-0010-0009, to 
the extent applicable. Visitor processing records are covered by GRS 
5.6, Items 110 and 111, and must be destroyed when either two or five 
years old, depending on security level, but may be retained longer if 
required for business use, pursuant to DAA-GRS-2017-0006-0014 and -
0015.

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    DHS safeguards records in this system according to applicable rules 
and policies, including all applicable DHS automated systems security 
and access policies. DHS has imposed strict controls to minimize the 
risk of compromising the information that is being stored. Access to 
the computer system containing the records in this system is limited to 
those individuals who have a need to know the information for the 
performance of their official duties and who have appropriate 
clearances or permissions.

RECORD ACCESS PROCEDURES:
    Individuals seeking access to and notification of any record 
contained in this system of records, or seeking to contest its content, 
may submit a request in writing to the Chief Privacy Officer or the 
appropriate Headquarters

[[Page 80131]]

or component's FOIA Officer whose contact information can be found at 
http://www.dhs.gov/foia under ``Contact Information.'' If an individual 
believes more than one component maintains Privacy Act records 
concerning him or her, the individual may submit the request to the 
Chief Privacy Officer and Chief Freedom of Information Act Officer, 
U.S. Department of Homeland Security, Washington, DC 20528-0655. Even 
if neither the Privacy Act nor the Judicial Redress Act provide a right 
of access, certain records about you may be available under the Freedom 
of Information Act.
    When an individual is seeking records about himself or herself from 
this system of records or any other Departmental system of records, the 
individual's request must conform with the Privacy Act regulations set 
forth in 6 CFR part 5. The individual must first verify his/her 
identity, meaning that the individual must provide his/her full name, 
current address, and date and place of birth. The individual must sign 
the request, and the individual's signature must either be notarized or 
submitted under 28 U.S.C. 1746, a law that permits statements to be 
made under penalty of perjury as a substitute for notarization. While 
no specific form is required, an individual may obtain forms for this 
purpose from the Chief Privacy Officer and Chief Freedom of Information 
Act Officer, http://www.dhs.gov/foia or 1-866-431-0486. In addition, 
the individual should:
    <bullet> Explain why he or she believes the Department would have 
information being requested;
    <bullet> Identify which component(s) of the Department he or she 
believes may have the information;
    <bullet> Specify when the individual believes the records would 
have been created; and
    <bullet> Provide any other information that will help the FOIA 
staff determine which DHS component agency may have responsive records;
    If the request is seeking records pertaining to another living 
individual, the request must include an authorization from the 
individual whose record is being requested, authorizing the release to 
the requester.
    Without the above information, the component(s) may not be able to 
conduct an effective search, and the individual's request may be denied 
due to lack of specificity or lack of compliance with applicable 
regulations.

CONTESTING RECORD PROCEDURES:
    For records covered by the Privacy Act individuals may make a 
request for amendment or correction of a record of the Department about 
the individual by writing directly to the Department component that 
maintains the record, unless the record is not subject to amendment or 
correction. The request should identify each particular record in 
question, state the amendment or correction desired, and state why the 
individual believes that the record is not accurate, relevant, timely, 
or complete. The individual may submit any documentation that would be 
helpful. If the individual believes that the same record is in more 
than one system of records, the request should state that and be 
addressed to each component that maintains a system of records 
containing the record.

NOTIFICATION PROCEDURES:
    See ``Record Access Procedures'' above.

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    None.

HISTORY:
    85 FR 45914 (July 30, 2020).
* * * * *

Constantina Kozanas,
Chief Privacy Officer, U.S. Department of Homeland Security.
[FR Doc. 2020-27204 Filed 12-10-20; 8:45 am]
BILLING CODE 9112-FP-P


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