8092 Federal Register / Vol. 75, No. 35 / Tuesday, February 23, 2010 / Notices 

facilities in a locked drawer behind a 

locked door. The records are stored on 

servers, magnetic disc, tape, digital 

media, and CD–ROM. 

RETRIEVABILITY: 

Records may be retrieved by 

individual’s name, date of birth, social 

security number, if applicable, or other 

unique individual identifier such as 

access control pass or credential 

number. 

SAFEGUARDS: 

Records in this system are 

safeguarded in accordance with 

applicable rules and policies, including 

all applicable DHS automated systems 

security and access policies. Strict 

controls have been imposed to minimize 

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. 

RETENTION AND DISPOSAL: 

Pursuant to GRS 18, Item 21 through 

25, records relating to alleged security 

violations are destroyed two years after 

completion of final action or when no 

longer needed, whichever is sooner; 

records relating to alleged violations of 

a sufficient serious nature that are 

referred for prosecutive determinations 

are destroyed five years after the close 

of the case; personnel security clearance 

files are destroyed upon notification of 

death or not later than five years after 

separation or transfer of employee or no 

later than five years after contract 

relationship expires, whichever is 

applicable. 

SYSTEM MANAGER AND ADDRESS: 

For Headquarters components of DHS: 

Chief, Personnel Security Division (202– 

447–5010), Office of Security, 

Department of Homeland Security, 

Washington, DC 20528. For components 

of DHS, the System Manager can be 

found at http://www.dhs.gov/foia under 

‘‘contacts.’’ 

NOTIFICATION PROCEDURE: 

The Secretary of Homeland Security 

has exempted this system from the 

notification, access, and amendment 

procedures of the Privacy Act because it 

is a law enforcement system. However, 

DHS will consider individual requests 

to determine whether or not information 

may be released. Thus, individuals 

seeking notification of and access to any 

record contained in this system of 

records, or seeking to contest its 

content, may submit a request in writing 

to the Headquarters or component’s 

FOIA Officer, whose contact 

information can be found at http:// 

www.dhs.gov/foia under ‘‘contacts.’’ 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, 

Department of Homeland Security, 245 

Murray Drive, SW., Building 410, 

STOP–0550, Washington, DC 20528. 

When seeking records about yourself 

from this system of records or any other 

Departmental system of records your 

request must conform with the Privacy 

Act regulations set forth in 6 CFR Part 

5. You must first verify your identity, 

meaning that you must provide your full 

name, current address and date and 

place of birth. You must sign your 

request, and your 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, you 

may obtain forms for this purpose from 

the Chief Privacy Officer and Chief 

Freedom of Information Act Officer, 

http://www.dhs.gov or 1–866–431–0486. 

In addition you should provide the 

following: 

• An explanation of why you believe 

the Department would have information 

on you; 

• Identify which component(s) of the 

Department you believe may have the 

information about you; 

• Specify when you believe the 

records would have been created; 

• Provide any other information that 

will help the FOIA staff determine 

which DHS component agency may 

have responsive records; and 

• If your request is seeking records 

pertaining to another living individual, 

you must include a statement from that 

individual certifying his/her agreement 

for you to access his/her records. 

Without this bulleted information the 

component(s) may not be able to 

conduct an effective search, and your 

request may be denied due to lack of 

specificity or lack of compliance with 

applicable regulations. 

RECORD ACCESS PROCEDURES: 

See ‘‘Notification procedure’’ above. 

CONTESTING RECORD PROCEDURES: 

See ‘‘Notification procedure’’ above. 

RECORD SOURCE CATEGORIES: 

Records are generated from sources 

contacted during personnel and 

background investigations. 

EXEMPTIONS CLAIMED FOR THE SYSTEM: 

The Secretary of Homeland Security 

has exempted this system from the 

following provisions of the Privacy Act, 

subject to the limitation set forth in 

(c)(3); (d); (e)(1), (e)(4)(G), (e)(4)(H), 

(e)(4)(I); and (f) of the Privacy Act 

pursuant to 5 U.S.C. 552a (k)(1), (k)(2), 

(k)(3), and (k)(5) of the Privacy Act. 

Dated: February 1, 2010. 

Mary Ellen Callahan, 

Chief Privacy Officer, Department of 

Homeland Security. 

[FR Doc. 2010–3362 Filed 2–22–10; 8:45 am] 

BILLING CODE 9110–9B–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Office of the Secretary 

[Docket No. DHS–2009–0040] 

Privacy Act of 1974; Department of 

Homeland Security/ALL—027 The 

History of the Department of Homeland 

Security System of Records 

AGENCY: Privacy Office, DHS. 

ACTION: Notice of Privacy Act system of 

records. 

SUMMARY: In accordance with the 

Privacy Act of 1974 the Department of 

Homeland Security proposes to update 

and reissue a Department-wide system 

of records notice titled, Department of 

Homeland Security–2004–0004 Oral 

History Program: The History of the 

Department of Homeland Security 

System of Records. The updated system 

of records is being renamed Department 

of Homeland Security/ALL–027 The 

History of the Department of Homeland 

Security System of Records and will 

consist of information that is created 

and used by the Department’s Historian, 

and component historians. As a result of 

the biennial review of this system, 

updates have been made reflecting a 

new name to better describe records 

covered; added system classification of 

classified, sensitive, and unclassified 

information; system location to reflect 

the move of the History Office from the 

Office of Public Affairs to the Office of 

Policy; expanded categories of 

individuals and the categories of records 

covered by the system to include those 

used by components, as the Department 

proposes that this be a Department-wide 

system; routine uses to better reflect the 

needs of the History Office including 

sharing with appropriate agencies, 

entities, and persons when there is a 

compromise or risk to the system 

(Routine Use D), to federal, state, tribal, 

local, international, or foreign law 

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Federal Register / Vol. 75, No. 35 / Tuesday, February 23, 2010 / Notices 8093 

enforcement agency or other appropriate 

authority charged with investigating or 

prosecuting a violation or enforcing or 

implementing a law, rule, regulation, or 

order (Routine Use F), to audiences 

attending a particular event, location, or 

meeting where the history of the 

Department is exhibited or presented 

(Routine Use I), and to scholars 

(historians and other disciplines) or any 

other interested individuals for research 

in writing dissertations, articles, books, 

and other documents for government, 

commercial, and nonprofit publication 

or developing material for other media 

use (Routine Use J); storage, 

retrievability and safeguards to reflect 

changes made by the Office transfer; 

retention and disposal to manage new 

records added to the system as the 

Department proposes that this be a 

Department-wide system; record source 

categories to reflect that individuals 

who are interviewed for records must 

sign and are provided a notice under the 

Privacy Act pursuant to 5 U.S.C. 552a; 

and added exemptions necessary for 

records within the Department’s history 

files, that will be reviewed, on a case by 

case basis, for exemption from the 

Privacy Act. The system will allow the 

Department’s Historian, and component 

historians, to store and retrieve 

information pertaining to Department 

employees and former employees, 

including political appointees, civilian 

and military personnel assigned or 

detailed to the Department, individuals 

who are formally or informally 

associated with the Department, 

including advisory committee members, 

employees of other agencies and 

departments in the federal government, 

and other individuals in the private and 

public sector who contribute to the 

history of the Department. This updated 

system will be included in the 

Department of Homeland Security’s 

inventory of record systems. 

DATES: Submit comments on or before 

March 25, 2010. This reissued system 

will be effective March 25, 2010. 

ADDRESSES: You may submit comments, 

identified by docket number [DHS– 

2009–0040] by one of the following 

methods: 

• Federal e-Rulemaking Portal: 

http://www.regulations.gov. Follow the 

instructions for submitting comments. 

• Fax: 703–483–2999. 

• Mail: Mary Ellen Callahan, Chief 

Privacy Officer, Privacy Office, 

Department of Homeland Security, 

Washington, DC 20528. 

• Instructions: All submissions 

received must include the agency name 

and docket number for this rulemaking. 

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 questions please contact: 

Historian (202–282–8682), History 

Office, Office of Policy, U.S. Department 

of Homeland Security, Washington, DC 

20528. For privacy issues please 

contact: Mary Ellen Callahan (703–235– 

0780), Chief Privacy Officer, Privacy 

Office, U.S. Department of Homeland 

Security, Washington, DC 20528. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The Department of Homeland 

Security (DHS) and its components and 

offices rely on the Privacy Act system of 

records notice, DHS–2004–0004 Oral 

History Program: The History of the 

Department of Homeland Security 

System of Records (69 FR 56781, 

September 22, 2004) for the collection 

and maintenance of records that 

concern the Department’s history 

records. The system name is being 

changed to DHS/ALL–027 The History 

of the Department of Homeland Security 

System of Records. 

As part of its efforts to maintain its 

Privacy Act records systems, DHS is 

updating and reissuing a Departmentwide system of records under the 

Privacy Act (5 U.S.C. 552a) for DHS 

history records. This will ensure that all 

components of DHS follow the same 

privacy rules for collecting and 

handling history records. The collection 

and maintenance of this information 

will assist DHS in managing the 

Department’s history records in order to 

promote an accurate and complete 

portrayal of DHS history. 

The History Office was established to 

record, collect, preserve, describe, 

analyze, publish, and disseminate the 

history of the Department. Initially 

established within the Office of Public 

Affairs, the History Office has since 

been transferred to the Office of Policy, 

and serves with the support of the 

components, in developing a complete 

history of the Department. 

The purpose of this system is to 

collect historically relevant information 

about the Department to support policy, 

initiatives, announcements, public 

releases of information, as well as to 

inform current and future leadership, 

employees, and the public about the 

history of the Department. DHS is 

authorized to implement this program 

primarily through 5 U.S.C. 301 and 44 

U.S.C. 3101. This system has an effect 

on individuals’ privacy that is balanced 

by the notice provided to the individual 

during an oral interview, while 

completing historical questionnaires, or 

when providing information. This 

information is needed to accurately 

capture and maintain the Department’s 

history. Information is safeguarded in 

accordance with applicable rules and 

policies, including all applicable DHS 

automated systems security and access 

policies. Strict controls have been 

imposed to minimize the risk of 

compromising the information that is 

stored. Information within this system is 

shared consistent with 5 U.S.C. 552a(b) 

of the Privacy Act and the compatibility 

requirements outlined in 5 U.S.C. 

552a(7). Routine uses added during this 

biennial review are sharing with 

appropriate agencies, entities, and 

persons when there is a compromise or 

risk to the system (Routine Use D), to 

federal, state, tribal, local, international, 

or foreign law enforcement agency or 

other appropriate authority charged 

with investigating or prosecuting a 

violation or enforcing or implementing 

a law, rule, regulation, or order (Routine 

Use F); to audiences attending a 

particular event, location, or meeting 

where the history of the Department is 

exhibited or presented (Routine Use I); 

and to scholars (historians and other 

disciplines) or any other interested 

individuals for research in writing 

dissertations, articles, books, and other 

documents for government, commercial, 

and nonprofit publication or developing 

material for other media use (Routine 

Use J). All remaining routine uses are as 

previously published. This system does 

use a form(s) to collect information. An 

inventory of forms is being conducted to 

ensure that appropriate Privacy Act 

notices are in place and that the 

Paperwork Reduction Act is being 

honored. 

II. Privacy Act 

The Privacy Act embodies fair 

information principles in a statutory 

framework governing the means by 

which the United States Government 

collects, maintains, uses, and 

disseminates 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 

for which information is retrieved by 

the name of an individual or by some 

identifying number, symbol, or other 

identifying particular assigned to the 

individual. In the Privacy Act, an 

individual is defined to encompass 

United States citizens and lawful 

permanent residents. As a matter of 

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8094 Federal Register / Vol. 75, No. 35 / Tuesday, February 23, 2010 / Notices 

policy, DHS extends administrative 

Privacy Act protections to all 

individuals where systems of records 

maintain information on U.S. citizens, 

lawful permanent residents, and 

visitors. Individuals may request access 

to their own records that are maintained 

in a system of records in the possession 

or under the control of DHS by 

complying with DHS Privacy Act 

regulations, 6 CFR Part 5. 

The Privacy Act requires each agency 

to publish in the Federal Register a 

description denoting the type and 

character of each system of records that 

the agency maintains, and the routine 

uses that are contained in each system 

in order to make agency record keeping 

practices transparent, to notify 

individuals regarding the uses to which 

their records are put, and to assist 

individuals to more easily find such 

files within the agency. Below is the 

description of the DHS/ALL–027 The 

History of the Department of Homeland 

Security System of Records. 

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 of Records: 

DHS/ALL–027 

SYSTEM NAME: 

Department of Homeland Security— 

The History of the Department of 

Homeland Security System of Records. 

SECURITY CLASSIFICATION: 

Classified, sensitive, and unclassified. 

SYSTEM LOCATION: 

Records are maintained at Department 

of Homeland Security headquarters 

(History Office, Office of Policy) as well 

as component headquarters in 

Washington, DC, and field locations. 

CATEGORIES OF INDIVIDUALS COVERED BY THE

SYSTEM: 

Categories of individuals covered by 

this system include: Current and former 

federal employees, including political 

appointees, civilian, contractor, and 

military personnel assigned or detailed 

to the Department. Also, covered by this 

system are individuals who are formally 

or informally associated with the 

Department, including advisory 

committee members, employees of other 

agencies and departments in the federal 

government, and other individuals in 

the private and public sector who 

contribute to the history of the 

Department. 

CATEGORIES OF RECORDS IN THE SYSTEM: 

Categories of records in this system 

include: 

• Individuals or interviewees full 

name; 

• Individuals or interviewees 

provided address; 

• Individuals or interviewees 

provided phone number(s); 

• Individuals or interviewees 

provided e-mail address; 

• Occupational background and 

position(s); 

• Public speeches and articles by an 

individual; 

• Public and internal correspondence, 

interviews, press releases and 

announcements, and various other tapes 

and transcripts of Departmental 

activities; 

• Photographs; 

• Biographical information; 

• Interview records on magnetic tape 

or other electronic format; 

• Transcriptions from written and 

oral interviews and discussions; 

• Access agreements; and 

• Interviewee accounts and 

recollections of experiences at 

component legacy agencies; the events 

of September 11, 2001; the 

establishment of the Department and its 

predecessor the Office of Homeland 

Security; the history of the Department 

including legacy components; major 

issues facing the Department; and the 

future of the Department. 

AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 

5 U.S.C. 301; and 44 U.S.C. 3101. 

PURPOSE(S): 

The purpose of this system is to 

collect historically relevant information 

about the Department to support policy, 

initiatives, announcements, public 

releases of information, as well as to 

inform current and future leadership, 

employees, and the public about the 

history of the Department. 

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 DHS as a routine use 

pursuant to 5 U.S.C. 552a(b)(3) as 

follows: 

A. To the Department of Justice 

(including United States Attorney 

Offices) or other federal agency 

conducting litigation or in proceedings 

before any court, adjudicative or 

administrative body, when it is 

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 of DHS in his/her 

official capacity; 

3. Any employee of DHS in his/her 

individual capacity where DOJ or DHS 

has agreed to represent the employee; or 

4. The United States or any agency 

thereof, is a party to the litigation or has 

an interest in such litigation, and DHS 

determines that the records are both 

relevant and necessary to the litigation 

and the use of such records is 

compatible with the purpose for which 

DHS collected the records. 

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 or other federal 

government agencies pursuant to 

records management inspections being 

conducted under the authority of 44 

U.S.C. 2904 and 2906. 

D. To appropriate agencies, entities, 

and persons when: 

1. DHS suspects or has confirmed that 

the security or confidentiality of 

information in the system of records has 

been compromised; 

2. The Department has determined 

that as a result of the suspected or 

confirmed compromise there is a risk of 

harm to economic or property interests, 

identity theft or fraud, or harm to the 

security or integrity of this system or 

other systems or programs (whether 

maintained by DHS or another agency or 

entity) or harm to the individuals that 

rely upon the compromised 

information; 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 

compromise and prevent, minimize, or 

remedy such harm. 

E. 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. 

F. To an appropriate federal, state, 

tribal, local, international, or foreign law 

enforcement agency or other appropriate 

authority charged with investigating or 

prosecuting a violation or enforcing or 

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implementing a law, rule, regulation, or 

order, where a record, either on its face 

or in conjunction with other 

information, indicates a violation or 

potential violation of law, which 

includes criminal, civil, or regulatory 

violations and such disclosure is proper 

and consistent with the official duties of 

the person making the disclosure. 

G. To the Government Printing Office 

or other publishing offices for 

production of a final document. 

H. To the National Archives and other 

government or public libraries in order 

to respond to inquiries about DHS. 

I. To audiences attending a particular 

event, location, or meeting where the 

history of the Department is exhibited or 

presented. 

J. To scholars (historians and other 

disciplines) or any other interested 

individuals for research in writing 

dissertations, articles, books, and other 

documents for government, commercial, 

and nonprofit publication or developing 

material for other media use. 

K. 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 or when disclosure is 

necessary to preserve confidence in the 

integrity of DHS or is necessary to 

demonstrate the accountability of DHS’s 

officers, employees, or individuals 

covered by the system, 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. 

DISCLOSURE TO CONSUMER REPORTING

AGENCIES: 

None. 

POLICIES AND PRACTICES FOR STORING, 

RETRIEVING, ACCESSING, RETAINING, AND

DISPOSING OF RECORDS IN THE SYSTEM: 

STORAGE: 

Records in this system are stored 

electronically or on paper in secure 

facilities in a locked drawer behind a 

locked door. The records are stored on 

magnetic disc, tape, digital media, and 

CD–ROM. 

RETRIEVABILITY: 

Records may be retrieved by name, 

subject, employment position, or event. 

SAFEGUARDS: 

Records in this system are 

safeguarded in accordance with 

applicable rules and policies, including 

all applicable DHS automated systems 

security and access policies. Strict 

controls have been imposed to minimize 

the risk of compromising the 

information that is 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. 

RETENTION AND DISPOSAL: 

Records relating to background 

material are temporary, to be destroyed 

when no longer needed for 

administrative purposes, or ten years 

after the completion of the project. 

Records for the Headquarters History 

Office Project Files and Oral History 

Program are permanent in accordance 

with National Archives and Records 

Administration through approved 

schedule N1–563–07–3. 

SYSTEM MANAGER AND ADDRESS: 

Historian (202–282–8682), History 

Office, Office of Policy, U.S. Department 

of Homeland Security, Washington, DC 

20528. 

NOTIFICATION PROCEDURE: 

Individuals seeking notification of 

and access to any record contained in 

this system of records, or seeking to 

contest its content, may submit a 

request in writing to the Headquarters’ 

or component’s FOIA Officer, whose 

contact information can be found at 

http://www.dhs.gov/foia under 

‘‘contacts.’’ 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, Department of Homeland 

Security, 245 Murray Drive, SW., 

Building 410, STOP–0550, Washington, 

DC 20528. 

When seeking records about yourself 

from this system of records or any other 

Departmental system of records, your 

request must conform with the Privacy 

Act regulations set forth in 6 CFR Part 

5. You must first verify your identity, 

meaning that you must provide your full 

name, current address and date and 

place of birth. You must sign your 

request, and your 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, you 

may obtain forms for this purpose from 

the Chief Privacy Officer and Chief 

Freedom of Information Act Officer, 

http://www.dhs.gov or 1–866–431–0486. 

In addition you should provide the 

following: 

• An explanation of why you believe 

the Department would have information 

on you; 

• Identify which component(s) of the 

Department you believe may have the 

information about you; 

• Specify when you believe the 

records would have been created; 

• Provide any other information that 

will help the FOIA staff determine 

which DHS component agency may 

have responsive records; and 

• If your request is seeking records 

pertaining to another living individual, 

you must include a statement from that 

individual certifying his/her agreement 

for you to access his/her records. 

Without this bulleted information the 

component(s) may not be able to 

conduct an effective search, and your 

request may be denied due to lack of 

specificity or lack of compliance with 

applicable regulations. 

RECORD ACCESS PROCEDURES: 

See ‘‘Notification procedure’’ above. 

CONTESTING RECORD PROCEDURES: 

See ‘‘Notification procedure’’ above. 

RECORD SOURCE CATEGORIES: 

Individuals, interviewees, press 

releases, newspapers, journals, copies of 

internal Department records, and 

individuals submit records on a 

voluntary basis to the History Offices. 

Individuals who are interviewed for 

records must sign and are provided a 

notice under the Privacy Act pursuant 

to 5 U.S.C. 552a. 

EXEMPTIONS CLAIMED FOR THE SYSTEM: 

The Secretary of Homeland Security 

has exempted this system from the 

following provisions of the Privacy Act, 

subject to the limitations set forth in 

(c)(3) and (4); (d); (e)(1), (e)(2), (e)(3), 

(e)(5), and (e)(8); and (g) of the Privacy 

Act pursuant to 5 U.S.C. 552a(j)(2). 

Additionally, the Secretary of Homeland 

Security has exempted this system from 

the following provisions of the Privacy 

Act, subject to the limitations set forth 

in (c)(3), (d), (e)(1), (e)(4)(G), (H), (I), and 

(f) of the Privacy Act pursuant to 5 

U.S.C. 552a(k)(1), (k)(2), (k)(3), and 

(k)(5). 

Dated: February 1, 2010. 

Mary Ellen Callahan, 

Chief Privacy Officer, Department of 

Homeland Security. 

[FR Doc. 2010–3402 Filed 2–22–10; 8:45 am] 

BILLING CODE 9110–9M–P 

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