8088 Federal Register / Vol. 75, No. 35 / Tuesday, February 23, 2010 / Notices 

member of the Committee in advance of 

the meeting, please submit them, 

preferably in electronic form to facilitate 

distribution, to Martha K. Landesberg, 

Executive Director, DHS Data Privacy 

and Integrity Advisory Committee, by 

March 11, 2010. 

Information on Services for Individuals 

With Disabilities 

For information on services for 

individuals with disabilities or to 

request special assistance, contact 

Martha K. Landesberg, Executive 

Director, DHS Data Privacy and Integrity 

Advisory Committee, as soon as 

possible. 

Privacy Act Statement: DHS’s Use of 

Your Information 

Principal Purposes: When you register 

to attend a DHS Data Privacy and 

Integrity Advisory Committee meeting, 

DHS collects your name, contact 

information, and the organization you 

represent, if any. We use this 

information to contact you for purposes 

related to the meeting, such as to 

confirm your registration, to advise you 

of any changes in the meeting, or to 

assure that we have sufficient materials 

to distribute to all attendees. We may 

also use the information you provide for 

public record purposes such as posting 

publicly available transcripts and 

meeting minutes. 

Routine Uses and Sharing: In general, 

DHS will not use the information you 

provide for any purpose other than the 

Principal Purposes, and will not share 

this information within or outside the 

agency. In certain circumstances, DHS 

may share this information on a case-bycase basis as required by law or as 

necessary for a specific purpose, as 

described in the DHS Mailing and Other 

Lists System of Records Notice, DHS/ 

ALL–002 (73 FR 71659). 

DHS Authority to Collect This 

Information: DHS requests that you 

voluntarily submit this information 

under its following authorities: 5 U.S.C. 

301; the Federal Records Act, 44 U.S.C. 

3101; FACA, 5 U.S.C. App. (Pub. L. 92– 

463); 5 U.S.C., App. 2 Sec. 10; E.O. 

9397; 14 U.S.C. 632; The Omnibus 

Budget Reconciliation Act of 1987, 

Public Law 101–103, Section 9503(c), 

101 Stat. 1330, 1330–381 (1987) 

(codified at 19 U.S.C. 2071 note). 

Effects of Not Providing Information: 

You may choose not to provide the 

requested information or to provide 

only some of the information DHS 

requests. If you choose not to provide 

some or all of the requested information, 

DHS may not be able to contact you for 

purposes related to the meeting. 

Accessing and Correcting 

Information: If you are unable to access 

or correct this information by using the 

method that you originally used to 

submit it, you may direct your request 

in writing to the DHS Deputy Chief 

FOIA Officer at foia@dhs.gov. 

Additional instructions are available at 

http://www.dhs.gov/foia and in the 

DHS/ALL–002 System of Records 

Notice referenced above. 

Dated: February 17, 2010. 

Mary Ellen Callahan, 

Chief Privacy Officer, Department of 

Homeland Security. 

[FR Doc. 2010–3400 Filed 2–22–10; 8:45 am] 

BILLING CODE 9110–9L–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Office of the Secretary 

[Docket No. DHS–2009–0041] 

Privacy Act of 1974; Department of 

Homeland Security/ALL—023 

Personnel Security Management 

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 Department of Homeland 

Security/ALL—023 Personnel Security 

Management System of Records to 

include record systems within the 

Federal Protective Service and records 

of federal, state, local and foreign law 

enforcement personnel who apply for 

and/or are granted authority to enforce 

federal laws on behalf of the 

Department. Categories of individuals, 

categories of records, purpose, and 

routine uses of this system have been 

reviewed and updated to reflect the 

personnel security management record 

systems of the Department, including 

the Federal Protective Service. The 

activities performed by the 

Department’s personnel security 

program often overlap with other 

security-related activities such as access 

control and investigatory records. 

Accordingly, data within each of the 

categories of individuals, categories of 

records, purpose and routine uses may 

have similarities with other securityrelated systems of records, but each 

system is distinct based on its purpose. 

Further, this system of records is 

separate from Department of Homeland 

Security/ALL 026—Personal Identity 

Verification Management System of 

Records, June 25, 2009, which supports 

the administration of the Homeland 

Security Presidential Directive—12 

program, directing the use of a common 

identification credential for both logical 

and physical access to federally 

controlled facilities and information 

systems while enhancing security, 

increasing efficiency, reducing identity 

fraud, and protecting personal privacy. 

There will be no change to the Privacy 

Act exemptions currently in place for 

this system of records and therefore 

remain in effect. This updated system 

will continue to be included in the 

Department of Homeland Security’s 

inventory of record systems. 

DATES: Written comments must be 

submitted on or before March 25, 2010. 

This updated system will be effective 

March 25, 2010. 

ADDRESSES: You may submit comments, 

identified by docket number DHS– 

2009–0041 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 and may be read at 

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 and privacy issues 

please contact: Mary Ellen Callahan 

(703–235–0780), Chief Privacy Officer, 

Privacy Office, Department of Homeland 

Security, Washington, DC 20528. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The Department of Homeland 

Security (DHS) and its components and 

offices rely on DHS/ALL—023 

Personnel Security Management System 

of Records (74 FR 3084, January 16, 

2009) for the collection and 

maintenance of records that pertain to 

personnel security management. 

DHS is updating and reissuing this 

Department-wide system of records 

under the Privacy Act (5 U.S.C. 552a), 

for DHS personnel security management 

records, to include records systems 

within the Federal Protective Service 

(FPS) and records of federal, state, local, 

and foreign law enforcement personnel 

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Federal Register / Vol. 75, No. 35 / Tuesday, February 23, 2010 / Notices 8089 

who apply for and/or are granted 

authority to enforce federal laws on 

behalf of DHS. The DHS/ALL—023 

Personnel Security Management System 

of Records is the baseline system for 

personnel security activities, as led by 

the DHS Office of the Chief Security 

Officer, for the Department. This will 

ensure that all DHS components follow 

the same privacy rules for collecting and 

handling personnel security 

management records. 

The purpose of this system is to 

maintain processing records of 

personnel security-related clearance 

actions, to record suitability 

determinations, to record whether 

security clearances are issued or denied, 

and to verify eligibility for access to 

classified information or assignment to 

a sensitive position. Also, records may 

be used by the Department for adverse 

personnel actions such as removal from 

sensitive duties, removal from 

employment, and denial to a restricted 

or sensitive area, and revocation of 

security clearance. The system also 

assists in capturing background 

investigations and adjudications; 

directing the clearance process for 

granting, suspending, revoking and 

denying access to classified information; 

directing the clearance process for 

granting, suspending, revoking and 

denying other federal, state, local, or 

foreign law enforcement officers the 

authority to enforce federal laws on 

behalf of DHS; managing state, local, 

and private-sector clearance programs 

and contractor suitability programs; 

determining eligibility for unescorted 

access to DHS facilities or information 

technology systems; and other activities 

relating to personnel security 

management responsibilities at DHS. 

The Department’s authority for this 

collection is primarily 5 U.S.C. 301; 44 

U.S.C. 3101; 8 U.S.C. 1357(g); 19 U.S.C. 

1401(i); Executive Order (EO) 9397; EO 

10450; EO 12968; 5 CFR part 731; 5 CFR 

part 732; 5 CFR part 736; 32 CFR part 

147; and DCID 6/4. This system will 

collect individuals’ personal 

information to support the Department’s 

efforts related to their personnel 

security activity. Efforts have been made 

to safeguard records 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. 

The routine uses posted are unchanged 

from the previous publishing and 

consistent with the purpose for 

collection. This system of records is 

collecting information under the 

Paperwork Reduction Act using the 

following forms: (1.) Questionnaire for 

Non-Sensitive Positions—SF–85—OMB 

No. 3206–0005; (2.) Questionnaire for 

Public Trust Position—SF–85P—OMB 

No. 3206–0191; (3.) Supplemental 

Questionnaire for Selected Positions— 

SF–85P–S OMB No. 3206–0191; (4.) 

Questionnaire for National Security 

Positions—SF–86—OMB No. 3206– 

0005; and (5.) Continuation Sheet for 

Questionnaires—SF–86A—OMB No. 

3206–0005. Further reviews are being 

conducted to determine if the system of 

records collects other information under 

the Paperwork Reduction Act. 

Categories of individuals, categories of 

records, the purpose, and routine uses 

of this system have been reviewed and 

updated to reflect the personnel security 

management record systems of the 

Department, including the FPS. The 

Privacy Office has updated the 

categories of individuals covered by the 

system to include DHS-covered 

individuals, such as federal employees, 

applicants, excepted service federal 

employees, contractor employees, 

retired employees, past employees 

providing support to DHS and who 

require unescorted access to DHSsecured facilities, and federal, state, 

local, and foreign law enforcement 

personnel who apply for or are granted 

authority to enforce federal laws on 

behalf of DHS. The categories of records 

have been updated to include facial 

photographs and criminal background 

investigations. The purpose has been 

revised to reflect that the system assists 

in directing the clearance process for 

granting, suspending, revoking and 

denying other federal, state, local, or 

foreign law enforcement officers the 

authority to enforce federal laws on 

behalf of DHS and eligibility for 

unescorted access to DHS secured 

facilities. An existing routine use 

(Routine Use H) was modified to permit 

the sharing of information from this 

system of records with agencies where 

it is relevant and necessary to the 

agencies’ decision concerning the 

delegation or designation of authority. 

Lastly, a new routine use was added to 

permit sharing of information with 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 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. 

Privacy Impact Assessments (PIAs) 

have been conducted and are on file for 

the (1.) Personnel Security Activities 

Management System; (2.) Integrated 

Security Management System; (3.) 

DHSAccessGate System; (4.) Automated 

Continuing Evaluation System (ACES) 

Pilot; (5.) Personal Identity Verification 

System; (6.) Federal Protective Service 

Information Support Tracking System 

(FISTS) Contract Suitability Module; 

and (7.) Federal Protective Service 

Dispatch Incident Records Management 

Systems along with other related 

component specific PIAs and can be 

found at http://www.dhs.gov/privacy. 

Consistent with DHS’s information 

sharing mission, information stored 

within the DHS/ALL—023 Personnel 

Security Management System of 

Records may be shared with other DHS 

components, as well as appropriate 

federal, state, local, tribal, foreign, or 

international government agencies. This 

sharing will only take place after DHS 

determines that the receiving 

component or agency has a need to 

know the information to carry out 

national security, law enforcement, 

immigration, intelligence, or other 

functions consistent with the routine 

uses set forth in this system of records 

notice. 

The Office of the Chief Security 

Officer is implementing a new webbased personnel and information 

security application, Integrated Security 

Management System (ISMS). ISMS has 

replaced many of the existing case 

management systems currently in use at 

the Department’s Headquarters, U.S. 

Customs and Border Protection (CBP), 

the Federal Law Enforcement Training 

Center (FLETC), and the Federal 

Emergency Management Agency 

(FEMA). ISMS will replace the existing 

case management systems currently in 

use at the U.S. Citizenship and 

Immigration Services (USCIS), U.S. 

Immigration and Customs Enforcement 

(ICE), and the U.S. Coast Guard (USCG) 

in the near future. 

There will be no change to the Privacy 

Act exemptions currently in place for 

this system of records and therefore 

remain in effect. This updated system 

will continue to be included in DHS’s 

inventory of record systems. 

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8090 Federal Register / Vol. 75, No. 35 / Tuesday, February 23, 2010 / Notices 

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 an individual’s 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 

stored and retrieved by the name of the 

individual or by some identifying 

number such as property address, 

mailing address, or symbol assigned to 

the individual. In the Privacy Act, an 

individual is defined to encompass 

United States citizens and lawful 

permanent residents. DHS extends 

administrative Privacy Act protections 

to all individuals where information is 

maintained on both U.S. citizens, lawful 

permanent residents, and visitors. 

Individuals may request 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 of their 

records, and to assist individuals to 

more easily find such files within the 

agency. Below is a description of DHS/ 

ALL—023 Personnel Security 

Management System of Records. 

In accordance with 5 U.S.C. 552a(r), 

DHS has provided a report of this new 

system of records to the Office of 

Management and Budget (OMB) and to 

Congress. 

System of Records 

DHS/ALL–023 

SYSTEM NAME: 

Department of Homeland Security 

(DHS)/ALL—023 Personnel Security 

Management System of Records. 

SECURITY CLASSIFICATION: 

Unclassified, sensitive, for official use 

only, and classified. 

SYSTEM LOCATION: 

Records are maintained at several 

DHS Headquarters locations and 

component offices in Washington, DC 

and field locations; and the Department 

of Treasury (DTR), Bureau of Public 

Debt for Office of Inspector General 

employees and applicants. For 

background investigations adjudicated 

by the Office of Personnel Management 

(OPM), OPM may retain copies of those 

files pursuant to their records retention 

schedules. 

CATEGORIES OF INDIVIDUALS COVERED BY THE

SYSTEM: 

Categories of individuals covered by 

this system include federal employees, 

applicants, excepted service federal 

employees, contractor employees, 

retired employees, and past employees 

providing support to DHS who require: 

(1.) Unescorted access to DHS-owned 

facilities, DHS-controlled facilities, 

DHS-secured facilities, or commercial 

facilities operating on behalf of DHS; 

(2.) access to DHS information 

technology (IT) systems and the 

systems’ data; or (3.) access to national 

security information including 

classified information. 

Also covered are: (1.) State and local 

government personnel and privatesector individuals who serve on an 

advisory committee or board sponsored 

by DHS; (2.) federal, state, local, and 

foreign law enforcement personnel who 

apply for or are granted authority to 

enforce federal laws on behalf of DHS; 

and (3.) individuals, including state and 

local government personnel and privatesector individuals, who are authorized 

by DHS to access Departmental 

facilities, communications security 

equipment, and/or information 

technology systems that process 

sensitive or classified national security 

information. 

CATEGORIES OF RECORDS IN THE SYSTEM: 

Categories of records in the system 

include: 

• Individual’s name; 

• Date and place of birth; 

• Social security number; 

• Citizenship; 

• Access Control Pass or Credential 

number; 

• Facial photograph; 

• Records relating to the management 

and operation of DHS personnel 

security program, including but not 

limited to: 

Æ Completed standard form 

questionnaires issued by the Office of 

Personnel Management; 

Æ Originals or copies of background 

investigative reports; 

Æ Supporting documentation related 

to the background investigations and 

adjudications including criminal 

background, medical and financial data; 

Æ Information related to 

congressional inquiry; and 

Æ Other information relating to an 

individual’s eligibility for access to 

classified or sensitive information. 

• Records relating to management 

and operation of DHS programs to 

safeguard classified and sensitive but 

unclassified information, including but 

not limited to: 

Æ Document control registries; 

Æ Courier authorization requests; 

Æ Non-disclosure agreements; 

Æ Records of security violations; 

Æ Records of document transmittals; 

and 

Æ Requests for secure storage and 

communications equipment. 

• Records relating to the management 

and operation of DHS special security 

programs, including but not limited to: 

Æ Requests for access to sensitive 

compartmented information (SCI); 

Æ Contact with foreign officials and 

foreign travel registries; and 

Æ Briefing/debriefing statements for 

special programs, sensitive positions, 

and other related information and 

documents required in connection with 

personnel security clearance 

determinations. 

• Records relating to the management 

and operation of the DHS security 

program, including but not limited to: 

Æ Inquiries relating to suspected 

security violation(s); 

Æ Recommended remedial actions for 

possible security violation(s); 

Æ Reports of investigation regarding 

security violations; 

Æ Statements of individuals; 

Æ Affidavits; 

Æ Correspondence; 

Æ Documentation pertaining to 

investigative or analytical efforts by 

DHS Security program personnel to 

identify threats to DHS personnel, 

property, facilities, and information; 

and 

Æ Intelligence reports and database 

results relating to DHS personnel, 

applicants, or candidates for DHS 

employment or access to DHS facilities 

or information. 

AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 

5 U.S.C. 301; 44 U.S.C. 3101; 8 U.S.C. 

1357(g); 19 U.S.C. 1401(i); Executive 

Order (EO) 9397; EO 10450; EO 12968; 

5 CFR part 731; 5 CFR part 732; 5 CFR 

part 736; 32 CFR part 147; and DCID 6/ 

4. 

PURPOSE(S): 

The purpose of this system is to 

collect and maintain records of 

processing of personnel security-related 

clearance actions, to record suitability 

determinations, to record whether 

security clearances are issued or denied, 

and to verify eligibility for access to 

classified information or assignment to 

a sensitive position. Also, records may 

be used by the Department for adverse 

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Federal Register / Vol. 75, No. 35 / Tuesday, February 23, 2010 / Notices 8091 

personnel actions such as removal from 

sensitive duties, removal from 

employment, denial to a restricted or 

sensitive area, and/or revocation of 

security clearance. The system also 

assists in capturing background 

investigations and adjudications; 

directing the clearance process for 

granting, suspending, revoking and 

denying access to classified information; 

directing the clearance process for 

granting, suspending, revoking and 

denying other federal, state, local, or 

foreign law enforcement officers the 

authority to enforce federal laws on 

behalf of DHS; managing state, local and 

private-sector clearance programs and 

contractor suitability programs; 

determining eligibility for unescorted 

access to DHS owned, occupied or 

secured facilities or information 

technology systems; and/or other 

activities relating to personnel security 

management responsibilities at DHS. 

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 of 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 written 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 an agency, organization, or 

individual 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 

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 individual who 

relies 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. 

F. 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. 

G. 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 

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. 

H. To an appropriate federal, state, 

local, tribal, foreign, or international 

agency, if the information is relevant 

and necessary to a requesting agency’s 

decision concerning the hiring or 

retention of an individual, or issuance 

of a security clearance, license, contract, 

grant, delegation or designation of 

authority, or other benefit, or if the 

information is relevant and necessary to 

a DHS decision concerning the hiring or 

retention of an employee, the issuance 

of a security clearance, the reporting of 

an investigation of an employee, the 

letting of a contract, or the issuance of 

a license, grant, delegation or 

designation of authority, or other benefit 

and disclosure is appropriate to the 

proper performance of the official duties 

of the person making the request. 

I. To an individual’s prospective or 

current employer to the extent necessary 

to determine employment eligibility. 

J. To a court, magistrate, or 

administrative tribunal in the course of 

presenting evidence, including 

disclosures to opposing counsel or 

witnesses in the course of civil 

discovery, litigation, or settlement 

negotiations or in connection with 

criminal law proceedings or pursuant to 

the order of a court of competent 

jurisdiction in response to a subpoena 

from a court of competent jurisdiction. 

K. To third parties during the course 

of a law enforcement 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 officer 

making the disclosure. 

L. To a public or professional 

licensing organization when such 

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. 

M. 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 

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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 

mstockstill on DSKH9S0YB1PROD with NOTICES