[Federal Register Volume 74, Number 11 (Friday, January 16, 2009)]
[Notices]
[Pages 3088-3092]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-923]


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DEPARTMENT OF HOMELAND SECURITY

Office of the Secretary

[Docket No. DHS-2008-0133]


Privacy Act of 1974; Department of Homeland Security--025 Law 
Enforcement Authority in Support of the Protection of Property Owned or 
Occupied by the Department of Homeland Security

AGENCY: Privacy Office; DHS.

ACTION: Notice of Privacy Act system of records.

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SUMMARY: In accordance with the Privacy Act of 1974, the Department of 
Homeland Security proposes to partially consolidate DHS-OS-001 Office 
of Security File System, (September 12, 2006), into a new Department-
wide record system titled, Law Enforcement Authority in Support of the 
Protection

[[Page 3089]]

of Property Owned or Occupied by the Department of Homeland Security 
System of Records. Categories of individuals, categories of records, 
and the routine uses of this legacy system have been reviewed and 
updated to better reflect the Department's law enforcement records 
associated with the protection of property owned or occupied by the 
Department of Homeland Security. Additionally, the Department of 
Homeland Security is issuing a Notice of Proposed Rulemaking concurrent 
with this system of records elsewhere in the Federal Register. The 
activities performed by the Department in the protection of property 
owned or occupied by Department of Homeland Security often overlaps 
with other security-related activities. Accordingly, data within the 
categories of individuals, categories of records, and routine uses may 
have similarities with other security-related systems of records, but 
each system is distinct based on its purpose. Exclusion is made to 
perimeters and facilities secured by the United States Secret Service 
pursuant to 18 U.S.C. 3056 and 3056A and are not included under this 
system of records. This consolidated system will be included in the 
Department of Homeland Security's inventory of record systems.

DATES: Written comments must be submitted on or before February 17, 
2009. This new system will be effective February 17, 2009.

ADDRESSES: You may submit comments, identified by docket number DHS-
2008-0133 by one of the following methods:
    <bullet> Federal e-Rulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
    <bullet> Fax: 703-483-2999.
    <bullet> Mail: Hugo Teufel III, Chief Privacy Officer, Privacy 
Office, Department of Homeland Security, Washington, DC 20528.
    <bullet> 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.
    <bullet> 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: Hugo Teufel III (703-235-0780), Chief Privacy 
Officer, Privacy Office, Department of Homeland Security, Washington, 
DC 20528.

SUPPLEMENTARY INFORMATION:

I. Background

    In accordance with the Privacy Act of 1974, the Department of 
Homeland Security (DHS) proposes to partially consolidate DHS-OS-001 
Office of Security File System, (71 FR 53700 September 12, 2006), into 
a new Department wide record system titled, Law Enforcement Authority 
in Support of the Protection of Property Owned or Occupied by the 
Federal Government System of Records. Categories of individuals, 
categories of records, and the routine uses of this legacy system have 
been reviewed and updated to better reflect the Department's law 
enforcement records associated with the protection of property owned or 
occupied by the DHS. Additionally, DHS is issuing a Notice of Proposed 
Rulemaking (NPRM) concurrent with this system of records elsewhere in 
the Federal Register. DHS has previously issued an NPRM with DHS-OS-001 
Office of Security File System, (71 FR 53700 September 12, 2006), but 
given the changes to this SORN is reissuing the NPRM to again allow for 
additional public comment.
    The activities performed by the Department in the protection of 
property owned or occupied by the DHS often overlaps with other 
security-related activities. Accordingly, data within the categories of 
individuals, categories of records, and routine uses may have 
similarities with other security-related systems of records, but each 
system is distinct based on its purpose.
    The purpose of this system is to maintain and record the results of 
law enforcement activities in support of the protection of property 
owned or occupied by DHS. The results are also used to pursue criminal 
prosecutions or civil penalties action against individuals or entities 
suspected of offenses that may have been committed against property 
owned or occupied by the DHS or persons on DHS property; and to assess 
acceptability of Departmental, other United States Government personnel 
contract security officer personnel, and other contractors who work in 
DHS facilities for assignment to or retention in sensitive positions 
consistent with the interest of national security and protection of DHS 
facilities.
    In accordance with the Privacy Act of 1974, the Department of 
Homeland Security proposes to partially consolidate DHS-OS-001 Office 
of Security File System, (September 12, 2006), into a new Department-
wide record system titled, DHS/ALL--025 Law Enforcement Authority in 
Support of the Protection of Property Owned or Occupied by Department 
of Homeland Security System of Records. Categories of individuals, 
categories of records, and the routine uses of this legacy system have 
been reviewed and updated to better reflect the Department's law 
enforcement records associated with the protection of property owned or 
occupied by DHS. Additionally, DHS is issuing a Notice of Proposed 
Rulemaking concurrent with this system of records elsewhere in the 
Federal Register. The activities performed by the Department in the 
protection of property owned or occupied by DHS often overlaps with 
other security-related activities. Accordingly, data within the 
categories of individuals, categories of records, and routine uses may 
have similarities with other security-related systems of records, but 
each system is distinct based on its purpose. Exclusion is made to 
perimeters and facilities secured by the United States Secret Service 
pursuant to 18 U.S.C. 3056 and 3056A and are not included under this 
system of records. This consolidated system will be included in the 
Department of Homeland Security's inventory of record systems.

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 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 
5.21.
    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

[[Page 3090]]

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--025 Law 
Enforcement Authorities in Support of the Protection of Property Owned 
or Occupied by the Department of Homeland Security'' Systems of Records 
Notice.
    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-025.

System name:
    Department of Homeland Security Law Enforcement Authorities in 
Support of the Protection of Property Owned or Occupied by the 
Department of Homeland Security System of Records.

Security classification:
    Unclassified, sensitive, for official use only, and classified.

System location:
    Records are maintained at several Headquarters locations and in 
component offices of the Department of Homeland Security, in both 
Washington, D.C. and field locations.

Categories of individuals covered by the system:
    Categories of individuals covered by this system include any person 
or entity involved in, or suspected of being involved in, criminal acts 
against the buildings, grounds, and property that are owned, occupied, 
or secured by DHS or against persons who are in or on such buildings, 
grounds, or property. This includes, but is not limited to: any agency, 
instrumentality, or wholly owned or mixed-ownership corporation 
thereof, and persons on the property; Departmental, other United States 
Government personnel, and contract security officer personnel, and 
other contractors who work in federal facilities; and property located 
in or outside of the United States; and individuals who are involved in 
or suspected to be involved in such criminal acts, who provide 
information that is relevant to the investigation, such as victims and 
witnesses, and who report such crimes or acts. Also included in this 
system of records are the travel records of current, former, or retired 
Departmental personnel who travelled outside the United States while 
employees of DHS; applicants, appointees and nominees of the 
Department; and contractors and consultants who have or have had access 
DHS facilities and/or classified national security information.

Categories of records in the system:
    Categories of records in this system may include but are not 
limited to the following:
    <bullet> Individual's or entity's name;
    <bullet> Digital photograph;
    <bullet> Social security number;
    <bullet> Age and date of birth;
    <bullet> Place of birth;
    <bullet> Duty/work address and telephone number;
    <bullet> Alias;
    <bullet> Race and ethnicity;
    <bullet> Citizenship;
    <bullet> Fingerprints;
    <bullet> Sex;
    <bullet> Marital status;
    <bullet> Identifying marks such as tattoos, scars, etc;
    <bullet> Height and weight;
    <bullet> Eye and hair color;
    <bullet> Biometric data;
    <bullet> Home address, telephone number and other contact 
information;
    <bullet> Driver's license information and citations issued;
    <bullet> Vehicle information;
    <bullet> Date, location, nature and details of the incident/
offense;
    <bullet> Alcohol, drugs and/or weapons involvement;
    <bullet> Bias against any particular group;
    <bullet> Confinement information to include location of 
correctional facility;
    <bullet> Gang/cult affiliation if applicable;
    <bullet> Release/parole/clemency eligibility dates.
    <bullet> Foreign travel notices and reports including briefings and 
debriefings;
    <bullet> Notices and reports with foreign contacts;
    <bullet> Reports of investigation;
    <bullet> Statements of individuals, affidavits, and correspondence;
    <bullet> Documentation pertaining to criminal activities;
    <bullet> Investigative surveys;
    <bullet> Certifications pertaining to qualifications for 
employment, including but not limited to education, firearms, first 
aid, and CPR;
    <bullet> Technical, forensic, polygraph, and other investigative 
support to criminal investigations to include source control 
documentation and region information;
    <bullet> Data on individuals to include: Victims, witnesses, 
complainants, offenders, and suspects;
    <bullet> Records of possible espionage, foreign intelligence 
service elicitation activities, and terrorist collection efforts 
directed at the Department or its staff, contractors or visitors;
    <bullet> Records of close coordination with the intelligence and 
law enforcement community;
    <bullet> Records relating to the management and operation of DHS 
special security programs, including but not limited to:
     [cir] Requests for access to sensitive compartmented information 
(SCI);
     [cir] Foreign travel;
     [cir] Foreign contact registries for individuals with SCI access.
    <bullet> Records relating to the management and operation of the 
DHS security program, including but not limited to:
     [cir] Inquiries relating to suspected security violation(s);
     [cir] Recommended remedial actions for possible security 
violation(s);
     [cir] Reports of investigation regarding security violations;
     [cir] Statements of individuals;
     [cir] Affidavits;
     [cir] Correspondence;
     [cir] Other documentation pertaining to investigative or 
analytical efforts by the DHS to identify threats to the Department's 
personnel, property, facilities, and information; intelligence reports 
and database results relating to DHS personnel applicants or candidates 
for DHS employment or a DHS contract, or other individuals interacting 
or having contact with DHS personnel or contractors; foreign contact 
registries for individuals; or unsolicited communications with DHS 
personnel or contractors that raise a security concern.
     [cir] Other documents obtained from applicants for employment or 
contract positions and documents obtained during a background 
investigation or re-investigation including medical and financial data.

Authority for maintenance of the system:
    5 U.S.C. 301; the Federal Record Act, 6 U.S.C., the Homeland 
Security Act; 40 U.S.C. 1315; 44 U.S.C. 3101; and Executive Order 9397; 
EO 10450; EO 12968, 5 CFR 731; 5 CFR 732; 5 CFR 736; 32 CFR 147; and 
DCID 6/4.

Purpose(s):
    The purpose of this system is to maintain and record the results of 
law enforcement activities in support of the protection of property 
owned or occupied by Department of Homeland Security (DHS) and 
individuals maintaining a presence or access to such property. Also to 
pursue criminal prosecution or civil penalty action against individuals 
or entities suspected of offenses that may have been committed against 
property owned or occupied by DHS or persons on the property; and 
assess Departmental, contract security officer personnel, and other 
contractors who work in DHS facilities, acceptability for assignment to 
or retention in sensitive positions consistent with the interest of 
national

[[Page 3091]]

security and the protection of DHS facilities.

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 a written 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 or contract provider, 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, or other benefit, or if the 
information is relevant and necessary to a DHS decision concerning the 
hiring or retention of an employee or contractor, the issuance of a 
security clearance, the reporting of an investigation of an employee or 
contractor, the letting of a contract, or the issuance of a license, 
grant or other benefit and disclosure is appropriate to the proper 
performance of the official duties of the person making the request.
    I. 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.
    J. 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.
    K. To a Federal, State, local agency, or other appropriate entities 
or individuals, or through established liaison channels to selected 
foreign governments, in order to provide intelligence, 
counterintelligence, or other information for the purposes of 
intelligence, counterintelligence, or antiterrorism activities 
authorized by United States law, Executive Order, or other applicable 
national security directive.
    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 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 name and social security 
number, if applicable.

Safeguards:
    Records in this system are safeguarded in accordance with 
applicable rules and policies, including

[[Page 3092]]

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:
    Records are pending National Archives and Records Administration 
approval. DHS has proposed the following retention schedule: Records 
are maintained in accordance with N1-563-08-4, Item 1. Records are cut 
off at the end of the fiscal year when the case is closed and are 
destroyed 20 years after cutoff date. No records will be destroyed 
until the retention schedule is approved.

System Manager and address:
    For Headquarters components of DHS, the System Manager is the 
Director of Departmental Disclosure, 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, 
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 Director, 
Disclosure and FOIA, http://www.dhs.gov or 1-866-431-0486. In addition 
you should provide the following:
    <bullet> An explanation of why you believe the Department would 
have information on you,
    <bullet> Identify which component(s) of the Department you believe 
may have the information about you,
    <bullet> Specify when you believe the records would have been 
created,
    <bullet> Provide any other information that will help the FOIA 
staff determine which DHS component agency may have responsive records,
    <bullet> 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 investigations, 
state and local law enforcement, and Federal departments and agencies.

Exemptions claimed for the system:
    The Secretary of Homeland Security has exempted this system from 
subsections (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), and (k)(5) of the 
Privacy Act.

    Dated: December 22, 2008.
Hugo Teufel III,
Chief Privacy Officer, Department of Homeland Security.
 [FR Doc. E9-923 Filed 1-15-09; 8:45 am]
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