[Federal Register Volume 70, Number 73 (Monday, April 18, 2005)]
[Notices]
[Pages 20156-20158]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-7704]


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DEPARTMENT OF HOMELAND SECURITY

Office of the Secretary

[DHS2005-0028]


Privacy Act of 1974; Systems of Records: Homeland Security 
Operations Center Database

AGENCY: Privacy Office, Department of Homeland Security.

ACTION: Notice of Privacy Act systems of records.

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SUMMARY: In accordance with the Privacy Act of 1974, the Department of 
Homeland Security is giving notice that it proposes to add a new system 
of records to its inventory of record systems, the Homeland Security 
Operations Center Database.

DATES: Comments must be received on or before May 18, 2005.

ADDRESSES: You may submit comments, identified by Docket Number DHS-
2004-xxxx, by one of the following methods:
     EPA Federal Partner EDOCKET Web site: http://www.epa.gov/feddocket. Follow instructions for submitting comments on the Web site.
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Fax: (202) 772-5036 (This is not a toll-free number).
     Mail: Sandy Ford Page, Director, Disclosure Officer, 
Office of the Chief Of Staff, Office of the Under Secretary for 
Information Analysis and Infrastructure Protection, Department of 
Homeland Security, Washington, DC 20528; Nuala O'Connor Kelly, Chief 
Privacy Officer, Department of Homeland Security, 245 Murray Lane, 
Building 410, Washington, DC 20528.
     Hand Delivery / Courier: Nuala O'Connor Kelly, DHS Chief 
Privacy Officer, 245 Murray Lane, Building 410, Washington, DC 20528.
    Instructions: All submissions received must include the agency name 
and docket number for this notice. All comments received will be posted 
without change to http://www.epa.gov/feddocket, including any personal 
information provided. For detailed instructions on submitting comments 
and additional information on the rulemaking process, see the ``Public 
Participation'' heading of the SUPPLEMENTARY INFORMATION section of 
this document.
    Docket: For access to the docket to read background documents or 
comments received, go to http://www.epa.gov/feddocket. You may also 
access the Federal eRulemaking Portal at http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Sandy Ford Page, Director, Disclosure 
Office, Office of the Chief of Staff, Office of the Under Secretary for 
Information Analysis and Infrastructure Protection, Department of 
Homeland Security, Washington, DC by telephone (202) 282-8522 or 
facsimile (202) 282-9069; Nuala O'Connor Kelly, Chief Privacy Officer, 
Department of Homeland Security, Washington, DC 20528 by telephone 
(202) 772-9848 or facsimile (202) 772-5036.

SUPPLEMENTARY INFORMATION: The Department of Homeland Security (DHS) is 
composed of five directorates. The mission of the Directorate for 
Information Analysis and Infrastructure Protection (IAIP) is to help 
deter, prevent, and mitigate acts of terrorism by assessing 
vulnerabilities in the context of changing threats. Within IAIP, the 
Homeland Security Operations Center (HSOC) serves as the technological 
platform to receive threat information, integrate it and disseminate it 
in order to support the following activities of IAIP:
    a. Maintaining domestic situational awareness;
    b. Facilitating homeland security information sharing and 
operational coordination with other operations centers to include 
incident management;
    c. Monitoring threats and assisting in dissemination of homeland 
security threat warnings, advisory bulletins, and other information 
pertinent to national incident management;
    d. Providing general situational awareness and support to, and 
acting upon, requests for information generated by the Interagency 
Incident Management Group; and
    e. Facilitating domestic incident awareness, prevention, 
deterrence, and response and recovery activities, as well as direction 
to DHS components.
    DHS is establishing a new system of records under the Privacy Act 
(5 U.S.C. 552a), which will be maintained in the IAIP Directorate, the 
Homeland Security Operations Center Database. 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 personally identifiable information. The Privacy Act 
applies to information that is maintained in a ``system of records.'' A 
``system of records'' is a group of any records under the control of an 
agency from which information is retrieved by the name of the 
individual or by some

[[Page 20157]]

identifying number, symbol, or other identifying particular assigned to 
the individual. 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 that each agency publish in the Federal 
Register a description denoting the type and character of each system 
of records in order to make agency recordkeeping practices transparent, 
to notify individuals about the use to which personally identifiable 
information is put, and to assist the individual to more easily find 
files within the agency.
    This system of records notice describes the HSOC database within 
IAIP. The information in the HSOC database includes intelligence 
information and other information received from agencies and components 
of the Federal Government, foreign governments, organizations or 
entities, international organizations, state and local government 
agencies (including law enforcement agencies), and private sector 
entities, as well as information provided by individuals, regardless of 
the medium used to submit the information or the agency to which it was 
submitted. This system also contains: information regarding persons on 
watch lists with possible links to terrorism; the results of 
intelligence analysis and reporting; ongoing law enforcement 
investigative information, information systems security analysis and 
reporting; historical law enforcement information, operational and 
administrative records; financial information; and public-source data 
such as that contained in media reports and commercial databases as 
appropriate to identify and assess the nature and scope of terrorist 
threats to the homeland, detect and identify threats of terrorism 
against the United States, and understand such threats in light of 
actual and potential vulnerabilities of the homeland. Data about the 
providers of information, including the means of transmission of the 
data is also retained.
    IAIP will use the information in the HSOC database to access, 
receive, and analyze law enforcement information, intelligence 
information, and other information and to integrate such information in 
order to identify and assess the nature and scope of terrorist or other 
threats to the homeland.
    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 the Congress.
DHS/IAIP-001

System Name:
    Homeland Security Operations Center Database

Security Classification:
    Classified; sensitive

System Location:
    Records are maintained at the Homeland Security Operations Center, 
Office of the Undersecretary for Information Analysis and 
Infrastructure Protection, Department of Homeland Security, Washington, 
DC 20528.

Category of Individuals Covered by the System:
    Individuals who have been linked in any manner to potential 
terrorism, to other domestic incidents with homeland security 
implications, or whose behavior arouses reasonable suspicion of 
possible terrorist activity; individuals who are the subject of 
information pertaining to terrorism and/or homeland security; 
individuals who offer information pertaining to terrorism and/or 
homeland security; individuals who request assistance or information; 
or individuals who make inquiries concerning possible terrorist 
activity. The system will also contain information about individuals 
who are or have been associated with DHS homeland security operations 
or with DHS administrative operations.

Categories of Records in the System:
    Intelligence information obtained from agencies and components of 
the Federal Government, foreign governments, organizations or entities, 
international organizations, state and local government agencies 
(including law enforcement agencies), and private sector entities; 
information provided by individuals, regardless of the medium used to 
submit the information; information obtained from the Terrorist 
Screening Center or on terrorist watch lists about individuals known or 
reasonably suspected to be engaged in conduct constituting, preparing 
for, aiding, or relating to terrorism; results of intelligence analysis 
and reporting; ongoing law enforcement investigative information; 
information systems security analysis and reporting; historical law 
enforcement information; operational and administrative records; 
financial information; and public source data such as that contained in 
media reports and commercial databases. Data about the providers of 
information, including the means of transmission of the data, will also 
be retained.

Authority for Maintenance of the System:
    5 U.S.C. 301, 552, 552a; Section 201 of the Homeland Security Act 
of 2002, Pub. L. 107-296, 116 Stat. 2145 (Nov. 25, 2002), as amended (6 
U.S.C. 121); 44 U.S.C. 3101; E.O. 12958; E.O. 9397.

Purpose(s):
    This record system is maintained to collect, access, and analyze 
law enforcement information, intelligence information, and other 
information from agencies of the Federal Government, foreign 
governments, international organizations, state and local government 
agencies (including law enforcement agencies), and private sector 
entities or individuals; and to integrate such information in order to: 
detect, identify and assess the nature and scope of terrorist or other 
threats to the United States; and understand such threats in light of 
actual and potential vulnerabilities of the homeland.

Routine Uses of Records Maintained in the System:
    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. If the record, on its face or in conjunction with other 
information, indicates a violation or potential violation of any law, 
regulation, rule, order, or contract, the record may be disclosed to 
the appropriate entity, whether federal, state, local, joint, tribal, 
foreign, or international, that is charged with the responsibility of 
investigating, prosecuting and/or enforcing such law, regulations, 
rule, order or contract.
    B. To a Federal, state, local, joint, tribal, foreign, 
international or other public agency or organization, or to any person 
or entity in either the public or private sector, domestic or foreign, 
where such disclosure may promote assist or otherwise serve homeland or 
national security interests.
    C. To an organization or individual in either the public or private 
sector, where there is a reason to believe that the recipient is or 
could become the target of a particular terrorist activity or 
conspiracy, to the extent the information is relevant to the protection 
of life or property.
    D. To recipients under circumstances and procedures as are mandated 
by Federal statute, treaty, or international agreement.
    E. To the news media or members of the general public in 
furtherance of a function related to homeland security as

[[Page 20158]]

determined by the system manager where disclosure could not reasonably 
be expected to constitute an unwarranted invasion of privacy.
    F. To the Department of Justice or other federal agency conducting 
litigation or in proceedings before any court, adjudicative or 
administrative body, when: (a) DHS, or (b) any employee of DHS in his/
her official capacity, or (c) any employee of DHS in his/her individual 
capacity where DOJ or DHS has agreed to represent the employee, or (d) 
the United States or any agency thereof, is a party to the litigation 
or has an interest in such litigation.
    G. 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.
    H. 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. Sections 2904 and 
2906.
    I. To contractors, grantees, experts, consultants, volunteers, and 
others performing or working on a contract, service, grant, cooperative 
agreement, or other assignment for the Federal government, when 
necessary to accomplish an agency function related to this system of 
records.
    J. To an agency, organization, or individual for the purposes of 
performing authorized audit or oversight operations.
    K. To a Federal, state, local, tribal, territorial, foreign, or 
international agency, if necessary to obtain information relevant to a 
Department of Homeland Security decision concerning the hiring or 
retention of an employee, the issuance of a security clearance, the 
reporting of an investigation of any employee, the letting of a 
contract, or the issuance of a license, grant, or other benefit.
    L. To a Federal, state, local, tribal, territorial, foreign, or 
international agency, in response to its request, in connection with 
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, or other 
benefit by the requesting agency, to the extent that the information is 
relevant and necessary to the requesting agency's decision on the 
matter.

Policies and Practices for Storing, Retrieving, Accessing, Retaining, 
and Disposing of Records in the System:
Storage:
    Records in this system are stored electronically at the HSOC in a 
secure facility. The records are stored on magnetic disc, tape, digital 
media, and CD-ROM, and may also be retained in hard copy format in 
secure folders.

Retrievability:
    Data may be retrieved by the individual's name or other identifier.

Safeguards:
    Information in this system is safeguarded in accordance with 
applicable rules and policies, including any applicable IAIP and DHS 
automated systems security and access policies. Strict controls have 
been imposed to minimize the risks of compromising the information that 
is being stored. Access to the computer system containing the records 
in this system is limited to those individuals specifically authorized 
and granted access by DHS regulations, who hold appropriate security 
clearances, and who have a need to know the information in the 
performance of their official duties. The system also maintains a real-
time auditing function of individuals who access the system. Classified 
information is appropriately stored in a secured facility, in secured 
databases and containers, and in accordance with other applicable 
requirements, including those pertaining to classified information. 
Access is limited to authorized personnel only.

Retention and Disposal:
    IAIP is working with the National Archives and Records 
Administration to obtain approval of a records retention and disposal 
schedule to cover records in the HSOC database. IAIP has proposed a 
short retention schedule for these records.

System Manager(s) and Address:
    Director, Disclosure Office, Office of the Chief of Staff, Office 
of the Undersecretary for Information Analysis and Infrastructure 
Protection, Department of Homeland Security, Washington, D.C. 20528.

Notification Procedures:
    To determine whether this system contains records relating to you, 
write to the System Manager identified above.

Records Access Procedures:
    A request for access to records in this system may be made by 
writing to the System Manager, identified above, in conformance with 6 
CFR Part 5, Subpart B, which provides the rules for requesting access 
to Privacy Act records maintained by DHS.

Contesting Record Procedures:
    Same as ``Record Access Procedures,'' above.

Record Source Categories:
    Information contained in this system is obtained from subject 
individuals, other agencies and organizations, both domestic and 
foreign, media, including periodicals, newspapers, and broadcast 
transcripts and public and classified reporting, privacy organizations 
and individuals, intelligence source documents, investigative reports, 
and correspondence.

Exemptions Claimed for the System:
    Portions of this system are exempt under 5 U.S.C. 552a((j)(2), 
(k)(1), and (k)(2).

    Dated: April 7, 2005.
Nuala O'Connor Kelly,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. 05-7704 Filed 4-15-05; 8:45 am]
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