[Federal Register Volume 68, Number 187 (Friday, September 26, 2003)]
[Pages 55642-55643]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-24423]

[[Page 55642]]




Privacy Act of 1974; System of Records

AGENCY: Department of Homeland Security.

ACTION: Notice of new Privacy Act system of records.


SUMMARY: The Department of Homeland Security (DHS) proposes a new 
system of records subject to the Privacy Act of 1974, as amended. This 
system, if adopted, will include personal information pertaining to 
individuals who submit information to DHS related to applications for 
designation of a technology as a Qualified Anti-Terrorism Technology 
(QATT) or for certification of a QATT for purposes of the government 
contractor defense and inclusion on an approved product list for DHS, 
both under provisions of Subtitle G of Title VIII of the Homeland 
Security Act of 2002--the Support Anti-Terrorism by Fostering Effective 
Technologies Act of 2002 (``the SAFETY Act'' or ``the Act''). The 
Homeland Security Act of 2002 is Public Law 107-296, 6 U.S.C. 441-444. 
System records will be disclosed to government contractors for 
processing, and some records may be disclosed to members of the public 
who request such disclosure.

DATES: Written comments must be submitted on or before October 27, 

ADDRESSES: Please address your comments to the Privacy Office, U.S. 
Department of Homeland Security, Washington, DC 20528. You must 
identify the Docket Number DHS/S&T-N-2003-0001 at the beginning of your 
comments, and you should submit two copies of the comments. You may 
also submit comments via e-mail at [email protected]. Please reference 
the Docket Number shown above in the subject line of the e-mail. If you 
wish to receive confirmation that DHS has received your comments, 
please include a self-addressed, stamped postcard with your request. 
DHS will make comments received available online at www.dhs.gov.

FOR FURTHER INFORMATION CONTACT: If you have any questions about this 
notice, please call Nuala O'Connor Kelly, Privacy Officer, U.S. 
Department of Homeland Security, Washington, DC 20528, Phone: 202-282-
8000; Fax: 202-772-9738.

SUPPLEMENTARY INFORMATION: In accordance with the Privacy Act of 1974, 
as amended, 5 U.S.C. 552a, the DHS is publishing this notice of a 
proposed new agency system of records, to be designated as ``SAFETY Act 
Records''. This system is intended to provide information pertinent to 
technologies submitted to DHS for designation or certification, or 
both, under provisions of the SAFETY Act.
    The purpose of the proposed records system, if adopted, would be to 
create a list of technologies submitted by individuals, business 
entities, and other entities seeking liability protection under 
provisions of the SAFETY Act. The SAFETY Act provides incentives for 
the development and deployment of anti-terrorism technologies by 
creating a system of risk management and litigation management. The 
purpose of the Act is to ensure that the threat of liability does not 
deter potential manufacturers or sellers of anti-terrorism technologies 
from developing and commercializing technologies that could save lives. 
The Act therefore creates certain liability limitations for ``claims 
arising out of, relating to, or resulting from an act of terrorism'' 
where qualified anti-terrorism technologies have been deployed. The Act 
does not limit liability for harms caused by anti-terrorism 
technologies where no act of terrorism has occurred.
    The DHS intends to compile and maintain these records in a secure 
electronic database designed, developed, operated and serviced by 
agency and/or contractor personnel who will be bound by restrictions of 
the Privacy Act. The system would be under the general supervision of 
the Office of Science and Technology, with technical support from the 
DHS's Office of the Chief Information Officer.
    The DHS anticipates that the information collected and maintained 
in the proposed system may include, at a minimum, telephone numbers, 
home addresses, and other identifying information for individuals who 
submit technologies for designation or certification under the Act, as 
described above. It is anticipated that the number of such individual 
submitters may be very small relative to the total number of other 
submitters who submit technologies for certification or approval under 
the Act.
    The DHS intends to use electronic means for collecting this 
information. System records would be subject to appropriate safeguards 
to prevent unauthorized disclosure or tampering.
    The DHS is seeking public comments on the proposed system of 
records as described above.
S&T .0001

System Name:
    SAFETY Act Records.

Security classification:
    The proposed system may include national security classified 

System location:
    Office of Science and Technology, U.S. Department of Homeland 
Security, Washington, D.C. 20528. System records may be maintained, in 
whole or in part, by off-site contractors.

Categories of individuals covered by the system:
    Individuals who submit technologies for designation or 
certification under the SAFETY Act, and who voluntarily submit 
protected personal information in connection with the submission.

Categories of records in the system:
    For Privacy Act purposes, home telephone numbers and home 
addresses, and possibly other personal identification information, for 
individual submitters.

Authority for maintenance of the system:
    Subtitle G of Title VIII of the Homeland Security Act of 2002 (Pub. 
L. 107-296)--the Support Anti-terrorism by Fostering Effective 
Technologies Act of 2002.

    To maintain records of technologies submitted for designation or 
certification under the SAFETY Act.

Routine uses of records maintained in the system, including categories 
of users and the purposes of such uses:
    Records from this system may be disclosed as permitted by 5 U.S.C. 
552a(b). Records may be made available to contractors supporting DHS 
and the SAFETY Act records. Records may be made available or referred 
on an automatic basis to other Federal, state or local government 
authorities for regulatory, compliance, or law enforcement purposes. 
Records may be disclosed to contractors, grantees, experts, 
consultants, students, and others performing or working on a contract, 
service, grant, cooperative agreement or other assignment for the DHS, 
when necessary to accomplish an agency function related to this system 
of records. Records may be disclosed 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 in response to a 
subpoena where relevant or potentially

[[Page 55643]]

relevant to a proceeding, or in connection with criminal law 
proceedings. Information permitted to be released to the news media and 
the public may be made available unless it is determined that release 
of the specific information would constitute an unwarranted invasion of 
personal privacy. Information may be disclosed as necessary to respond 
to inquiries by Members of Congress on behalf of individual 
constituents who apply for SAFETY Act funding. A record may be 
disclosed as a routine use to the National Archives and Records 
Administration and to the General Services Administration in records 
management inspections conducted under the authority of 44 U.S.C. 2904 
and 2906.

Disclosure to consumer reporting agencies:
    Not applicable.

Policies and practices for storing, retrieving, accessing, retaining, 
and disposing of records in the system:
    Stored in a computer database maintained on magnetic disks and 
tape, or other electronic systems determined by DHS. Paper copies will 
also be retained.

    Retrievable by the names of individual submitters of technologies 
for designation or certification under the SAFETY Act or by a 
particular identifying number.

    Access to computerized records by electronic security precautions. 
With the exception of those uses discussed under the Routine Use of 
Records section of this notice, access restricted to agency personnel 
and contractors whose responsibilities require access.

Retention and disposal:
    Records retained for an initial period of six years, and for 
additional six year periods if renewed.

System manager(s) and address:
    Office of Science and Technology, U.S. Department of Homeland 
Security, Washington, DC 20528.

Notification procedure:
    To obtain notification of whether the system contains a record 
pertaining to a particular individual, that person must submit a 
written request under procedures prescribed pursuant to the DHS's 
Freedom of Information Act/Privacy Act regulations, 68 FR 4056, January 
27, 2003, to be codified at 6 CFR part 5.

Record access procedures:
    See notification procedures above.

Contesting record procedures:
    See notification procedures above. Where an individual believes the 
system has erroneously recorded or omitted information that is 
collected and maintained by the system, the individual will be afforded 
the opportunity to register, change, or delete that information.

Record source categories:
    Individuals who submit technologies for designation or 
certification under the SAFETY Act.

Exemptions claimed for the system:

    Dated: September 23, 2003.
Nuala O'Connor Kelly,
Privacy Officer.
[FR Doc. 03-24423 Filed 9-23-03; 2:46 pm]