[Federal Register Volume 73, Number 239 (Thursday, December 11, 2008)]
[Notices]
[Pages 75461-75463]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-29398]



[[Page 75461]]

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DEPARTMENT OF HOMELAND SECURITY

Office of the Secretary

[Docket No. DHS-2008-0161]


Privacy Act of 1974; Science & Technology Directorate-002 
Personnel Radiation Exposure Records 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 records notices, the Department of Homeland Security 
is giving notice that it proposes to update and reissue the following 
legacy record system as it related specifically to Department of 
Homeland Security/Directorate of Science & Technology activities, DOE-
35 Personnel Radiation Exposure Records as a Department of Homeland 
Security system of records notice titled, Personnel Radiation Exposure 
Records. To the extent the Department of Energy continues to use this 
SORN, the Department of Homeland Security is not changing the SORN for 
the Department of Energy. Categories of individuals and categories of 
records have been reviewed and updated, and the routine uses of this 
legacy system of records notice have been updated to better reflect the 
Department of Homeland Security/Directorate of Science & Technology 
personnel radiation exposure record system. This new system will be 
included in the Department of Homeland Security's inventory of record 
systems.

DATES: Written comments must be submitted on or before January 12, 
2009. This new system will be effective January 12, 2009.

ADDRESSES: You may submit comments, identified by docket number DHS-
2008-0161 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 please contact: 
Ian Rosenblum (202-254-6638), the Directorate of Science & Technology 
Safety, Health, Environmental, & Energy Programs Manager, the 
Directorate of Science & Technology. For privacy issues please contact: 
Hugo Teufel III (703-235-0780), Chief Privacy Officer, Privacy Office, 
U.S. 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)/Directorate of Science 
& Technology (S&T) have relied on preexisting Privacy Act systems of 
records notices for the collection and maintenance of records that 
concern personnel who are exposed to radiation, uranium, transuranics, 
and other elements encountered in the nuclear industry.
    As part of its efforts to streamline and consolidate its record 
systems, DHS is updating and reissuing a system of records under the 
Privacy Act (5 U.S.C. 552a) that deals with personnel who are exposed 
to radiation, uranium, transuranics, and other elements encountered in 
the nuclear industry. This record system will allow DHS/S&T to collect 
and maintain records regarding any individuals who are exposed to 
radiation, uranium, transuranics, and other elements encountered in the 
nuclear industry. The collection and maintenance of this information 
will assist DHS/S&T in meeting its obligation to record any individuals 
who are exposed to radiation, uranium, transuranics, and other elements 
encountered in the nuclear industry.
    In accordance with the Privacy Act of 1974 and as part of DHS's 
ongoing effort to review and update legacy system of records notices, 
DHS is giving notice that it proposes to update and reissue the 
following legacy record system DOE-35 Personnel Radiation Exposure 
Records (60 FR 33510 June 28, 1995) as a DHS/S&T system of records 
notice titled, Personnel Radiation Exposure Records. To the extent the 
Department of Energy (DOE) continues to use this SORN, DHS is not 
changing the SORN for DOE. Categories of individuals and categories of 
records have been reviewed, and the routine uses of this legacy system 
of records notice have been updated to better reflect the DHS/S&T 
personnel radiation exposure record system. This new system 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 record keeping 
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 Personnel Radiation 
Exposure Records 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 and 
to Congress.
System of Records: DHS/S&T-002

System name:
    The Directorate of Science & Technology Personnel Radiation 
Exposure Records

Security classification:
    Unclassified.

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System location:
    Records are maintained at the S&T Headquarters in Washington, DC 
and field offices.

Categories of individuals covered by the system:
    Categories of individuals covered by this system include DHS/S&T 
personnel, contractor personnel, and any other persons who have access 
to certain DHS/S&T facilities and have been exposed to radiation.

Categories of records in the system:
    Categories of records in this system include:
     Individual's name;
     Social security number;
     Date of birth;
     Gender;
     Alphanumeric code assigned as part of radiation analysis;
     Accident/investigation records
     Film badges used to measure radiation exposure;
     Dosimetry records;
     Previous employee records;
     Individual's radiation exposure record, including date(s) 
of exposure;
     Other records in connection with registries of uranium, 
transuranics, or other elements encountered in the nuclear industry.

Authority for maintenance of the system:
    5 U.S.C. 301; the Federal Records Act, 44 U.S.C. 3101.

Purpose(s):
    The purpose of this system is to document personnel and other 
individuals who are exposed to radiation, uranium, transuranics, and 
other elements encountered in the nuclear industry while at a DHS/S&T 
facility.

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 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 DOJ 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 the U.S. Navy to monitor radiation exposure of Naval and 
other personnel at Navy activities.
    I. To the Department of Energy (DOE), States departments of labor, 
and industry groups to monitor radiation exposure of personnel.
    J. To the Department of Defense to identify DOD and DOD-contractor 
personnel exposed to ionizing radiation during nuclear testing, and for 
conducting epidemiological studies of radiation effects on identified 
individuals.
    K. To the National Academy of Sciences, Center for Disease Control, 
National Institute of Occupational Safety and Health, the Department of 
Health and Human Services, the National Council on Radiation Protection 
and Measurements, and other organizations focused on this subject 
matter, to conduct epidemiological studies of the effects of radiation 
on individuals exposed to ionizing radiation.
    L. To the National Institute of Occupational Safety and Health to 
conduct epidemiological studies of workers at DOE's Portsmouth Gaseous 
Diffusion Plant in Piketon, Ohio.
    M. 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 or in connection with criminal law proceedings or in 
response to a subpoena from a court of competent jurisdiction.
    N. To appropriate Federal, State, local, tribal, or foreign 
governmental agencies or multilateral governmental organizations for 
the purpose of protecting the vital interests of data subjects or other 
persons, including to assist such agencies or organizations in 
preventing exposure to or transmission of a communicable or 
quarantinable disease or to combat other significant public health 
threats; appropriate notice will be provided of any identified health 
threat or risk.
    O. 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

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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 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.

Retrievability:
    Records may be retrieved by name, alphanumeric code (an identifier 
assigned to an individual by the vendor who performs the analysis of 
the radiation monitor), date(s) of exposure, and social security 
number.

Safeguards:
    These records are protected by employing a multi-layer security 
approach to prevent unauthorized access to sensitive data through 
appropriate administrative, physical, and technical safeguards. 
Protective strategies such as implementing physical access controls at 
DHS facilities; ensuring confidentiality of communications using tools 
such as encryption, authentication of sending parties, and 
compartmentalizing databases; and employing auditing software and 
personnel screening to ensure that all personnel with access to data 
are screened through background investigations commensurate with the 
level of access required to perform their duties. All S&T electronic 
records are secured in full compliance with the requirements of DHS IT 
Security Program Handbook. This handbook establishes a comprehensive 
information security program.

Retention and disposal:
    S&T has submitted a proposed records retention and disposal 
schedule to NARA to maintain the records for seventy-five years. Health 
problems caused by radiation (such as cancer) can take years to 
manifest and can reoccur multiple times during an individual's life. 
Therefore, S&T will retain the records for 75 years so that, if an 
individual has problems they believe are attributable to radiation 
exposure received as a government employee, the government will have 
those records available and will be able to provide an accurate 
accounting of an individual's exposure. Until NARA approves a records 
retention and disposal schedule, S&T will retain the records 
indefinitely. Upon receiving the approved schedule, S&T will dispose of 
records according to NARA's instructions.

System Manager and address:
    S&T Safety, Health, Environmental, & Energy Programs Manager, Mail 
Stop: 2100, Department of Homeland Security, 245 Murray Lane, SW., 
Washington, DC 20528.

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 S&T FOIA Coordinator, Mail Stop: 
2100, Department of Homeland Security, 245 Murray Lane, SW., 
Washington, DC 20528. Specific FOIA contact information can be found at 
http://www.dhs.gov/foia under ``contacts.''
    When seeking records about yourself from this system of records or 
any other S&T 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,
     Specify when you believe the records would have been 
created,
     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 S&T 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:
    Individual, accident/incident investigations, film badges, 
dosimetry records, and previous employee records.

Exemptions claimed for the system:
    None.

    Dated: December 2, 2008.
Hugo Teufel III,
Chief Privacy Officer, Department of Homeland Security.
 [FR Doc. E8-29398 Filed 12-10-08; 8:45 am]
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