[Federal Register Volume 73, Number 245 (Friday, December 19, 2008)]
[Notices]
[Pages 77733-77736]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-29782]


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DEPARTMENT OF HOMELAND SECURITY

Office of the Secretary

[Docket No. DHS-2008-0166]


Privacy Act of 1974; United States Secret Service--004 Protection 
Information System 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 
proposes to update and reissue USSS.007 Protection Information System. 
Categories of individuals, categories of records, and the routine uses 
of this legacy system of records notice have been reviewed updated to 
better reflect the Department of Homeland Security United States Secret 
Service Criminal Investigation Information Record system. Additionally, 
DHS is issuing a Notice of Proposed Rulemaking (NPRM) concurrent with 
this SORN elsewhere in the Federal Register. The exemptions for the 
legacy system of records notices will continue to be applicable until 
the final rule for this SORN has been completed.

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

ADDRESSES: You may submit comments, identified by docket number DHS-
2008-0166 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 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 protection 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 
Protection Information System records. This will ensure that all 
organizational parts of USSS follow the same privacy rules for 
collecting and handling records regarding the protections of USSS 
protectees pursuant to Title 18 Section 3056 and 3056a.
    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 and reissue USSS.007 Protection Information 
System (66 FR 45362 August 28, 2001). 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/USSS--004 Protection Information System. Additionally, DHS is 
issuing a Notice of Proposed Rulemaking (NPRM) concurrent with this 
SORN elsewhere in the Federal Register. The exemptions for the legacy 
system of records notices will continue to be applicable until the 
final rule for this SORN has been completed. 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 Protection 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-004.

System name:
    United States Secret Service--004 Protection 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, other locations in 
Washington, DC, and field offices.

Categories of individuals covered by the system:
    Categories of individuals covered by this system include:
     Individuals who have been or are currently the subject of 
a criminal investigation by the USSS or another law enforcement agency 
for the violation of certain criminal statutes relating to the 
protection of persons or the security of properties;
     Individuals who are the subjects of investigative records 
and reports

[[Page 77734]]

supplied to the USSS by Federal, State, and local law enforcement 
agencies, foreign or domestic, other non-law enforcement governmental 
agencies, or private institutions and individuals;
     Individuals who are the subjects of non-criminal 
protective and background investigations by the Secret Service and 
other law enforcement agencies where the evaluation of such 
individuals, in accordance with criteria established by the USSS, 
indicates a need for such investigations;
     Certain individuals who are granted or denied ingress and 
egress to areas secured by the USSS, or to areas in proximity to 
persons protected by the USSS, including but not limited to invitees; 
passholders; tradesmen; and law enforcement, maintenance, or service 
personnel;
     Individuals who have sought an audience or contact with 
persons protected by the USSS or who have been involved in incidents or 
events which relate to the protective functions of the USSS; 
individuals who are witnesses, protectees, suspects, complainants, 
informants, defendants, fugitives, released prisoners, and 
correspondents who have been identified by the USSS or from information 
supplied by other law enforcement agencies, governmental units, private 
institutions, and members of the general public in connection with the 
performance by the USSS of its authorized protective functions; and
     Individuals protected by the USSS.

Categories of records in the system:
    Categories of records in this system include:
     Individual's name;
     Address;
     Date of Birth;
     Case number;
     Arrest record;
     Nature and disposition of criminal charges, sentencing, 
confinement, release, and parole or probation status;
     Records containing information compiled for the purpose of 
a criminal investigation, including reports of informants and 
investigators, which are associated with an identifiable individual;
     Informant's name;
     Informant information;
     Informant's contact information (e.g. address, phone 
number);
     Records containing reports relative to an individual 
compiled at various stages of the process of enforcement of certain 
criminal laws from arrest or indictment through release from 
supervision;
     Records containing information supplied by other Federal, 
State, and local law enforcement agencies, foreign or domestic, other 
non-law enforcement governmental agencies, private institutions and 
persons concerning individuals who, because of their activities, 
personality traits, criminal or mental history, or history of social 
deviancy, may be of interest to the USSS in connection with the 
performance by that agency of its protective functions;
     Records containing information compiled for the purpose of 
identifying and evaluating individuals who may constitute a threat to 
the safety of persons or security of areas protected by the USSS;
     Records containing information compiled for the purpose of 
background investigations of individuals, including but not limited to, 
passholders, tradesmen, maintenance or service personnel who have 
access and/or have been denied access to areas secured by or who may be 
in proximity to persons protected by the USSS; and
     Records concerning agency activities associated with 
protectee movements.

Authority for maintenance of the system:
    5 U.S.C. 301; the Federal Records Act, 44 U.S.C. 3101; The 
protective authority is contained in 18 U.S.C. 3056 and 3056A and 
Section 1 of Public Law 90-331, (18 U.S.C. 871; 18 U.S.C. 1751).

Purpose(s):
    The purpose of this system is to assist the USSS in protecting its 
protectees by recording individuals who may come into proximity to a 
protectee, including individuals who have been involved in incidents or 
events which relate to the protective functions of the USSS, and 
individuals who have sought to make contact with a protectee.

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

[[Page 77735]]

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 Department of Justice and other Federal, State, and local 
governmental agencies having a prosecution function for the use of 
attorneys, magistrates, and judges; and the parole and probation 
authorities for the purpose of prosecuting, sentencing, and determining 
the parole and probation status of criminal offenders or suspected 
criminal offenders; and for civil and other proceedings involving the 
USSS protective functions.
    I. To Federal, State, and local law enforcement agencies, foreign 
and domestic, for the purpose of developing information on subjects 
involved in USSS protective investigations and evaluation and for the 
purpose of protective functions.
    J. To Federal, State, and local government agencies, foreign and 
domestic, where such disclosures are considered reasonably necessary 
for the purpose of furthering USSS efforts to investigate the 
activities of those persons considered to be of protective interest.
    K. To Federal, State, and local law enforcement agencies and other 
governmental agencies, foreign and domestic, where there is a showing 
of a reasonable need to accomplish a valid enforcement purpose.
    L. To private institutions and private individuals of identifying 
information pertaining to actual or suspected criminal offenders or 
other individuals considered to be of protective interest for the 
purpose of furthering USSS efforts to evaluate the danger such 
individuals pose to persons protected by that agency.
    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 an appropriate Federal, State, local, tribal, foreign, or 
international agency, if the information is relevant and necessary to a 
requesting agency's decision concerning the hiring or retention of an 
individual, or 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, 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.
    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 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:
    Paper and electronic records in this system are stored in secure 
facilities behind locked doors. Electronic records media, such as 
magnetic tape, magnetic disk, digital media, and CD ROM are stored in 
proper environmental controls.

Retrievability:
    This system is indexed by case number, name, and other identifying 
data and other case related data, in master and magnetic media indices. 
Access to the physical files is located at field offices, Headquarters, 
and other Washington, DC locations.

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 records are retained for a period of 20 years from the 
date of last action. All other protective intelligence case records 
including protective surveys and non-judicial protective intelligence 
cases are routinely retained for a period of up to 10 years from the 
date of last action or otherwise required to be held permanently for 
transfer to the National Archives and Records Administration. Case 
files relating to the issuance of White House Complex passes for 
employees of the White House, Secret Service Employees, press 
representatives accredited at the White House, and other authorized 
individuals are retained for a period of 8 years from the date the file 
is closed. Records pertaining to the administration and operations of 
Secret Service protective program, shift reports, survey files, and 
special event files are retained for a period of 3 to 5 years from the 
end of the event. Records pertaining to trip files for domestic travel 
are retained for 5 years, and trip files for foreign travel are 
retained for 10 years from the end of the event. Campaign related files 
are retained for a period of 30 years after the end of the campaign and 
subsequently transferred to the National Archives and Records 
Administration.

System Manager and address:
    Assistant Director, Office of Protective Research and Assistant 
Director, Office of Protective Operations, U.S. Secret Service, 950 H 
St., NW., 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

[[Page 77736]]

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:
    In accordance with the provisions of 5 U.S.C. 552a (j) and (k) the 
Secretary of Homeland Security has exempted this System from compliance 
with the provisions of 5 U.S.C. 552a(e)(4)(I).

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.

    Dated: December 10, 2008.
Hugo Teufel III,
Chief Privacy Officer, Department of Homeland Security.
 [FR Doc. E8-29782 Filed 12-18-08; 8:45 am]
BILLING CODE 4410-10-P