[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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