[Federal Register Volume 73, Number 245 (Friday, December 19, 2008)]
[Notices]
[Pages 77729-77733]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-29780]


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DEPARTMENT OF HOMELAND SECURITY

Office of the Secretary

[Docket No. DHS-2008-0163]


Privacy Act of 1974; United States Secret Service--001 Criminal 
Investigation Information System of Records Notice

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 
proposes to update and reissue USSS.003 Criminal Investigation 
Information System, August 28, 2001 as DHS/USSS--001 Criminal 
Investigation Information System of 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 of Homeland Security United States Secret Service criminal 
investigation information record system. Additionally, an updated 
Notice of Proposed Rulemaking will be published elsewhere in the 
Federal Register. Until such time, the exemptions for the legacy system 
of records notice transfer from the SORN's legacy agency to the 
Department of Homeland Security. This reissued system will be included 
in the Department's inventory of record systems.

DATES: Written comments must be submitted on or before January 20, 
2009.

ADDRESSES: You may submit comments, identified by docket number DHS-
2008-0163 by one of the following methods:

[[Page 77730]]

     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 to 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: 
Latita Huff (202-406-6370), Privacy Point of Contact, United States 
Secret Service, 950 H St., NW., Washington, DC 20223. 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, the Department of Homeland Security (DHS) and United States 
Secret Service (USSS) have relied on preexisting Privacy Act systems of 
records notices for the collection and maintenance of records that 
concern DHS/USSS criminal investigation information system records.
    As part of its efforts to streamline and consolidate its Privacy 
Act record systems, DHS/USSS is updating and reissuing a DHS/USSS 
system of records under the Privacy Act (5 U.S.C. 552a) for DHS/USSS 
criminal investigation information system records. This will ensure 
that all organizational parts of USSS follow the same privacy rules for 
collecting and handling criminal investigation information system 
records.
    In accordance with the Privacy Act of 1974 and as part of DHS's 
ongoing effort to review and update legacy system of record notices, 
DHS/USSS proposes to update USSS.003 Criminal Investigation Information 
System (66 FR 45362 August 28, 2001). 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 
DHS/USSS criminal investigation information record system. 
Additionally, an updated Notice of Proposed Rulemaking will be 
published elsewhere in the Federal Register. Until such time, the 
exemptions for the legacy system of records notice transfer from the 
SORN's legacy agency to the Department of Homeland Security. This 
reissued system will be included in the Department'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 lawful 
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 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 of their records, and to assist the 
individual to more easily find files within the agency. Below is a 
description of the Criminal Investigation Information System.
    In accordance with 5 U.S.C. 552a(r), DHS has provided a report of 
this revised system of records to the Office of Management and Budget 
and to the Congress.
System of Records:
DHS/USSS-001.

System name:
    United States Secret Service--001 Criminal Investigation 
Information System of Records.

Security classification:
    Unclassified and Classified.

System location:
    Records are maintained at the United States Secret Service 
Headquarters, 950 H St., NW., Washington, DC 20223 and field offices.

Categories of individuals covered by the system:
    Individuals who have been or are currently the subject of a 
criminal investigation by DHS/USSS in connection with the performance 
by that agency of its authorized criminal investigative functions; 
individuals who are payees, registered owners, or endorsers of stolen 
or lost obligations and other securities of the United States; 
individuals who are witnesses, complainants, informants, suspects, 
defendants, fugitives, released prisoners, correspondents, organized 
crime figures, and victims of crimes who have been identified by DHS/
USSS in the conduct of criminal investigations or by information 
supplied by other law enforcement agencies, government units, and the 
general public.

Categories of records in the system:
    Categories of records in this system include:
     Records containing information compiled for the purpose of 
identifying individual criminal offenders and alleged offenders and 
consisting of identifying data, including, but not limited to, name, 
date of birth, social security number, telephone number, home address, 
business address, spouse and family information, physical description, 
notations of arrest, the nature and position of criminal charges, 
sentencing, confinement, release, and parole or probations status 
concerning criminal offenders, defendants and suspects, witnesses, 
victims, and law enforcement personnel;
     Records containing information compiled for the purpose of 
a criminal investigation and associated with an identifiable 
individual, including reports of informants and investigators;
     Records containing reports identifiable with an individual 
compiled at various stages of the process of enforcement of criminal 
laws from arrest or indictment through release from supervision;
     Records containing investigatory material compiled for law 
enforcement purposes, including but not limited to, handwriting 
exemplars; laboratory analyses of inks and papers; handwriting 
analyses; petitions for the remission of forfeitures; notice of non-
receipt of Treasury drafts; affidavits of forged endorsements; opinions 
of the examiner of questioned documents; reports or opinions from the

[[Page 77731]]

examination of computer evidence; reports or opinions from the 
examination of altered cellular telephones; certificates by owners of 
U.S. registered securities concerning forged requests for payments or 
assignments; applications for relief on account of loss, theft, or 
destruction of U.S. Savings Bonds or checks; photographic reproductions 
of obligations and other securities of the United States; contraband 
items; claims against the United States for the proceeds of government 
checks and bonds; and reports necessary for the settlement of check and 
bond claims; polygraph case files; forensic examination information; 
search warrants and search warrant returns; indictments; certified 
inventories of property held as evidence; sworn and unsworn witnesses 
statements; witness statements; state, local and foreign criminal 
investigative information and reports; names and telephone numbers of 
persons intercepted by electronic, mechanical, or other device under 
the provisions of Title 18 U.S.C., Section 2510 et seq. compiled during 
the lawful course of a criminal or civil investigation.

Authority for maintenance of the system:
    The Homeland Security Act of 2002, Public Law 107-296; Federal 
Records Act, 44 U.S.C. 3101; 6 CFR part 5; 5 U.S.C.; 18 U.S.C. 3056; 
Executive Order 9397.

Purpose(s):
    The purpose of this system is to collect and maintain criminal 
records of individuals being investigated by DHS/USSS.

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 or 
information contained in this system may be disclosed outside the 
Department of Homeland Security (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 employees and officials of financial and commercial business 
firms and to private individuals information pertaining to actual or 
suspected criminal offenders where such disclosure is considered 
reasonably necessary for the purpose of furthering Secret Service 
efforts to investigate the activities of and apprehend criminal 
offenders and suspected criminal offenders.
    I. To a court, magistrate, or administrative tribunal in the course 
of presenting evidence, including disclosure 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.
    J. To an appropriate Federal, State, local, tribal, territorial, 
foreign, or international agency, if the information is relevant and 
necessary to agency's decision concerning the hiring or retention of an 
individual, the issuance of a security clearance, license, contract, 
grant, or other benefit, or if the information is relevant and 
necessary to a DHS decision concerning 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 and when disclosure is 
appropriate to the proper performance of the official duties of the 
person making the request.
    K. To the Integrated Automated Fingerprint Identification System 
(IAFIS) managed by the Department of Justice, Federal Bureau of 
Investigations in connection with Secret Service's utilization.
    L. 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

[[Page 77732]]

unwarranted invasion of personal privacy.
    M. To Federal, State, and local government agencies foreign or 
domestic, having prosecutorial and civil law enforcement functions for 
use by attorneys, magistrates, and judges, parole or probation 
authorities and other law enforcement authorities for the purpose of 
developing a criminal or civil investigation, prosecuting, sentencing, 
or determining the parole and probation status of criminal offenders or 
suspected criminal offenders.
    N. To personnel of other Federal, State, and local law enforcement 
agencies, foreign or domestic, for the purpose of developing 
information on subjects involved in Secret Service criminal 
investigations and assisting other law enforcement agencies in the 
investigation and prosecution of violations of the criminal laws which 
those agencies are responsible for enforcing.
    O. To personnel of Federal, State, and local governmental agencies, 
where such disclosure is considered reasonably necessary for the 
purpose of furthering Secret Service efforts to investigate the 
activities of and apprehend criminal offenders and suspected criminal 
offenders.
    P. To personnel of Federal, State, and local governmental agencies, 
foreign and domestic, where there is a showing of reasonable necessity 
to obtain such information to accomplish a valid law enforcement 
purpose.

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 and/or behind a locked door. The 
records are stored on magnetic disc, tape, digital media, and CD-ROM.

Retrievability:
    This system is indexed by name, address, vehicle license number, 
and/or telephone number, and is retrieved through computer search of 
magnetic media indices both at Headquarters and in the field offices. 
Additionally, subjects are retrievable from the computerized files by 
physical description. Access to the physical files containing records 
is by case number.

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:
    All Judicial cases, 30 years after case closure; non-judicial 
criminal investigative cases (except non-judicial check and bond 
cases), 10 years; non-judicial check claim and bond forgery cases, 5 
years; administrative files of an investigatory nature, 5 years; all 
other files and records the disposition of which is not otherwise 
specified, 5 years; investigations for other districts, 2 years; 
receipts vary with the case file to which they pertain; investigation 
control forms, varies; arrest history forms, indefinite; headquarters 
criminal investigative case files, 30 years; indices and microfilm 
copies are retained for an indefinite period; consensual and non-
consensual interception indices, 10 years or when investigative use no 
longer exists, whichever is longer; fingerprint and photograph files, 
at varying intervals in accordance with record retention schedules 
approved by the National Archives and Records Administration.

System Manager and address:
    Assistant Director, Office of Investigations, U.S. Secret Service, 
950 H St., NW., Suite 8900, Washington, DC 20223.

Notification procedure:
    Pursuant to 5 U.S.C. 522a(j) and (k), this system of records 
generally may not be accessed by members of the public for purposes of 
determining if the system contains a record pertaining to a particular 
individual. Nonetheless individual requests will be reviewed on a case 
by case basis. 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 USSS's FOIA Officer, 
Freedom of Information and Privacy Acts Branch 245 Murray Drive, 
Building 410, Washington, DC 20223.
    When seeking records about yourself from this system of records or 
any other USSS 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 USSS 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:
    The Secretary of Homeland Security has exempted this system from 
subsections (e)(4)(I) of the Privacy Act pursuant to 5 U.S.C. 
552a(j)(2) and (k)(2).and (k)(3), therefore records sources shall not 
be disclosed.

Exemptions claimed for the system:
    Pursuant to exemption 5 U.S.C. 552a(j)(2) of the Privacy Act, 
portions of this system are exempt from 5 U.S.C. 552a(c)(3) and (4); 
(d); (e)(1), (e)(2), (e)(3), (e)(4)(G), (e)(4)(H), (e)(4)(I), (e)(5), 
and (e)(8); (f), and (g). Pursuant to 5 U.S.C. 552a(k)(1), (k)(2), and 
(k)(3) this system is exempt from the following provisions of the 
Privacy Act, subject to the limitations set forth in those subsections: 
5 U.S.C. 552a(c)(3), (d), (e)(1), (e)(4)(G), (e)(4)(H), (e)(4)(I), and 
(f). In addition, to the extent a record contains information from 
other exempt systems of records, USSS will rely on the exemptions 
claimed for those systems.


[[Page 77733]]


    Dated: December 10, 2008.
Hugo Teufel III,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. E8-29780 Filed 12-18-08; 8:45 am]
BILLING CODE 4410-10-P