[Federal Register Volume 73, Number 206 (Thursday, October 23, 2008)]
[Notices]
[Pages 63179-63181]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-25205]


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DEPARTMENT OF HOMELAND SECURITY

Office of the Secretary

[Docket No. DHS-2008-0083]


Privacy Act of 1974; Department of Homeland Security Contractors 
and Consultants System of Records

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 and as part of the 
Department of Homeland Security's ongoing effort to review and update 
legacy system of record notices, the Department of Homeland Security is 
giving notice that it proposes to consolidate one legacy system of 
records notice, DOT/CG 536 Contract and Real Property File System as a 
Department of Homeland Security-wide system of records notice titled 
Department of Homeland Security Contractors and Consultants. The 
Department of Homeland Security also proposes to partially consolidate 
one legacy record system, Treasury/USSS.001 Administrative Information 
System into this Department-wide system of records. This system will 
allow the Department of Homeland Security to collect and maintain 
records on the Department's contractors and consultants. 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 contractor and consultant record system. This reclassified 
system, titled Department of Homeland Security Contractors and 
Consultants, will be included in the Department of Homeland Security's 
inventory of record systems.

DATES: Submit comments on or before November 24, 2008. This new system 
will be effective November 24, 2008.

ADDRESSES: You may submit comments, identified by docket number DHS-
2008-0083 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 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: Hugo Teufel III (703-235-0780), Chief Privacy 
Officer, Privacy Office, Department of Homeland Security, Washington, 
DC 20528.

SUPPLEMENTARY INFORMATION: 

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 concern DHS 
contractors and consultants.
    As part of its efforts to streamline and consolidate its records 
systems, DHS is establishing an agency-wide system of records under the 
Privacy Act (5 U.S.C. 552a) for these contractor and consultant 
records. This will ensure that all components of DHS follow the same 
privacy rules for collecting and maintaining contractor and consultant 
records. The collection and maintenance of this information will assist 
DHS in meeting its obligation to collect and maintain records on DHS 
contractors and consultants.
    In accordance with the Privacy Act of 1974 and as part of the DHS's 
ongoing effort to review and update legacy system of record notices, 
DHS is giving notice that it proposes to consolidate one legacy system 
of records notice, DOT/CG 536 Contract and Real Property File System 
(65 FR 19476 April 11, 2000), as a DHS-wide system of records notice 
titled Department of Homeland Security Contractors and Consultants. DHS 
also proposes to partially consolidate one legacy record system: 
Treasury/USSS.001 Administrative Information System (66 FR 45362 August 
28, 2001) into this Department-wide system of records. This system will 
allow DHS to collect and maintain records on the Department's 
contractors and consultants. Categories of individuals, categories of 
records, and the routine uses of this legacy system have been reviewed 
and updated to better reflect the DHS's contractor and consultant 
record system. This reclassified system, titled Department of Homeland 
Security Contractors and Consultants, will be included in 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 DHS Contractors and 
Consultants 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-021.

[[Page 63180]]

System Name:
    Department of Homeland Security Contractors and Consultants.

Security Classification:
    Unclassified.

System Location:
    Records are maintained at several Headquarters locations and in 
component offices of DHS, in both Washington, DC, and field locations.

Categories of Individuals Covered by the System:
    Categories of individuals covered by this system include any 
individual who serves as a contractor or consultant to DHS.

Categories of Records in the System:
    Categories of records in this system include:
     Individual's name;
     Social security number;
     Home address;
     Telephone numbers (work, home, mobile);
     E-mail addresses;
     Contract name and number;
     Employer;
     Work address;
     Job title;
     Labor category;
     Relevant work experience;
     DHS-issued property in the possession of the contractor/
consultant for the purpose of fulfilling contractual requirements;
     Vendor lists;
     Correspondence between the contractor and DHS;
     Bidders lists;
     Permits;
     Licenses;
     Easement;
     Deliverables;
     Proposals;
     White papers; and
     Key personnel resumes.

Authority for Maintenance of the System:
    5 U.S.C. 301; The Federal Records Act, The Homeland Security Act of 
2002, Public Law 107-296; Executive Order 9373; Reorganization Plan No. 
2 of 1970 (31 U.S.C. 1111); Executive Order 11541; the Office of 
Federal Procurement Policy Act (41 U.S.C. 405); and the Federal 
Activities Inventory Reform (FAIR) Act of 1998 (31 U.S.C. 501 note).

Purpose(s):
    The purpose of this system is to collect and maintain records on 
DHS contractors and consultants.

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 
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 Federal and state entities when relevant and necessary to 
disclose information on DHS or its components purchases and contracts.
    I. 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 as paper 
records in secure facilities in a locked drawer and/or behind a secured 
locked door. The electronic records are stored on magnetic disc, tape, 
digital media, and CD-ROM.

Retrievability:
    Records may be retrieved by name, and/or contract name and number.

[[Page 63181]]

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 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:
    Records are retained for six years and three months after the final 
payment to a contractor/consultant in accordance with National Archives 
and Records Administration-approved General Records Schedule 3, Item 
3--General Procurement Files.

System Manager and Address:
    For Headquarters and 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 
created,
     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:
    Individuals, contractors, consultants, bidders, financial 
institutions, insurance companies, community associations, and other 
agencies.

Exemptions Claimed for the System:
    None.

    Dated: October 15, 2008.
Hugo Teufel III,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. E8-25205 Filed 10-22-08; 8:45 am]
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