[Federal Register Volume 73, Number 193 (Friday, October 3, 2008)]
[Pages 57642-57644]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-23306]



Office of the Secretary

[Docket No. DHS-2008-0014]

Privacy Act of 1974; Department of Homeland Security Childcare 
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 is giving notice that it proposes to reclassify one 
legacy record system titled, DOT/CG 634 Childcare Program Record System 
(65 FR 19475 April 11, 2000), as a new Department of Homeland Security-
wide records system, titled Childcare. This system will allow the 
Department of Homeland Security to collect and maintain Department-
sponsored childcare program records. Categories of individuals, 
categories of records, and the routine uses of this legacy system of 
records notice have been reviewed and updated to better reflect the 
Department's childcare record system. This updated system will be 
included in the Department of Homeland Security's inventory of record 

DATES: Submit comments on or before November 3, 2008.

ADDRESSES: You may submit comments, identified by docket number DHS-
2008-0014 by one of the following methods:
     Federal e-Rulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Fax: 1-866-466-5370.
     Mail: Hugo Teufel III, 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 personally identifiable information 
     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.


I. Background

    Pursuant to the savings clause in the Homeland Security Act of 
2002, Public Law 107-296, Section 1512, 116 Stat. 2310 (November 25, 
2002), the Department of Homeland Security (DHS) and its components and 
offices have relied on preexisting Privacy Act systems of records 
notices for the collection and maintenance of records that account for 
children enrolled in DHS-sponsored childcare programs.
    As part of its efforts to streamline and consolidate its Privacy 
Act records systems, DHS is establishing a new agency-wide system of 
records under the Privacy Act (5 U.S.C. 552a) for DHS childcare 
records. This will ensure that all components of DHS follow the same 
privacy rules for collecting and maintaining childcare records 
regarding DHS employees, other Federal employees, and other individuals 
who use DHS-sponsored childcare programs. DHS and its components and 
offices will use the system to account for DHS employees, other Federal 
employees, and other individuals who use DHS-sponsored childcare 
programs and their children.
    In accordance with the Privacy Act of 1974, DHS is giving notice 
that it proposes to reclassify one legacy record system titled, DOT/CG 
634 Childcare Program Record System (65 FR 19475 April 11, 2000), as a 
new DHS-wide records system, titled Childcare. This system will allow 
DHS to collect and maintain Department-sponsored childcare program 
records. Categories of individuals, categories of records, and the 
routine uses of this legacy system of records notice have been reviewed 
and updated to better reflect the Department's childcare record system. 
This updated system will be included DHS'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 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 legal 
permanent residents. As a matter of 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 recordkeeping 
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 the description of the Childcare System of 

[[Page 57643]]

    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 Name:
    Department of Homeland Security Childcare.

Security Classification:

System Location:
    Records are maintained at the DHS offices and childcare facilities.

Categories of Individuals Covered by the System:
    DHS employees, other Federal Employees, and other individuals at 
Family Childcare (FCC) Homes enrolled in DHS-sponsored childcare 
programs and eligible children.

Categories of Records in the System:
    Categories of records in this system include:
     Employee's/guardian's name;
     Employee's/guardian's home address;
     Employee's/guardian's home phone;
     Employee's/guardian's financial information to include:
    [cir] Salary information;
    [cir] Family income;
    [cir] Credit card information;
    [cir] Bank information;
     Employee's/guardian's work address;
     Employee's/guardian's work phone;
     Employee's/guardian's email address;
     Emergency contact's name;
     Emergency contact's address;
     Emergency contact's phone;
     Child's name;
     Child's address;
     Child's phone;
     Medical, dental, and insurance provider data;
     Medical history of the child including records of 
immunizations, allergies, and current medications;
     Records of physical, emotional, or other special care 
     A picture of the child;
     Correspondence between the childcare facility and the 
guardian, such as authorization to release the child to another person 
besides the guardian and field trip permission slips; and
     Records provided by parents/guardians to enhance cultural 
and social enrichment activities. These records may include family 
background, cultural, and ethnic data such as religion, native 
language, and family composition.

Authority for Maintenance of the System:
    5 U.S.C. 301; 14 U.S.C. 515; 40 U.S.C. 590, Childcare Services for 
Federal Employees; The Federal Records Act, 44 U.S.C. 3101; Executive 
Order 9373.

    The purpose of this system is to administer DHS-sponsored childcare 

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 the 
Department of Justice 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 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 
    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 
    H. To provide to Federal, State, or local governments and agencies 
to report medical conditions and other data required by law; in order 
to aid in preventive health and communicable disease control problems.
    I. To the Department of Agriculture for use in determining 
eligibility to participate in the Childcare Food Program.
    J. To appropriate State and local governmental agencies as well as 
non-profit organizations to determine eligibility for State and local 
or non-profit childcare subsidies.
    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

[[Page 57644]]

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:

Policies and Practices for Storing, Retrieving, Accessing, Retaining, 
and Disposing of Records in the System:
    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.

    Records may be retrieved by the employee/guardian's name and by the 
child's name.

    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 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:
    Child's record file is destroyed three years after date of last 
action. Registration/medical forms may be sent to another facility if a 
child transfers. Child Care Food Program eligibility records are 
transferred to an audit file at the end of each year where they are not 
retrieved by child's name. Records subject to an audit are destroyed 
after three years or after being audited, whichever is sooner.

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:
    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:
     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 
     Provide any other information that will help the FOIA 
staff determine which DHS component agency may have responsive records,
     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 guardians and child's medical care 

Exemptions Claimed for the System:

    Dated: September 23, 2008.
Hugo Teufel III,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. E8-23306 Filed 10-2-08; 8:45 am]