[Federal Register Volume 73, Number 245 (Friday, December 19, 2008)]
[Notices]
[Pages 77813-77815]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-30112]


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DEPARTMENT OF HOMELAND SECURITY

Office of the Secretary

[Docket No. DHS-2008-0165]


Privacy Act of 1974; United States Secret Service--003 Non-
Criminal Investigation 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 retire portions of USSS.006 Non-Criminal Investigation 
Information System (August 28, 2001) into DHS/All 020 Internal Affairs, 
DHS/All-013 Claims, and DHS/OS-1 Office of Security Files and reissue 
the remaining portions of this system of records as DHS/USSS-003 Non-
Criminal Investigation 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--003 Non-
Criminal Investigation 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.

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

ADDRESSES: You may submit comments, identified by docket number DHS-
2008-0165 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) 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 Non-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 USSS 
records that concern individuals involved in non-criminal statutory 
investigations and/or requirements. Information related to 
investigations into employee activities is retired into DHS/All-020 
Internal Affairs published in the Federal Register on November 14, 2008 
at 73 FR 67529; information related to claims against USSS is retired 
into DHS/All-013 Claims published in the Federal Register on October 
28, 2008 at 73 FR 63987; and information related to employment and 
security clearance suitability is retired in DHS/OS1 Office of Security 
Files, published September 12, 2006 at 71 FR 53700. This will ensure 
that all organizational parts of USSS follow the same privacy rules for 
collecting and handling the USSS-003 Non-Criminal Investigation 
records.
    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/USSS proposes to update and reissue USSS.006 Non-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 updated to better 
reflect the DHS/USSS Non-Criminal Investigation 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 DHS/USSS-003 Non-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.

[[Page 77814]]

System of Records:
DHS/USSS-003.

System name:
    United States Secret Service-003 Non-Criminal Investigation 
Information System 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:
    Categories of individuals covered by this system include 
individuals who are applicants for employment with the USSS and have 
taken a polygraph;
    Qualified USSS law enforcement officers and qualified USSS retired 
law enforcement officers who carry concealed firearms;
    Individuals who have admitted to the Secret Service that they 
viewed, have taken an interest in, or have engaged in prior activity 
regarding child pornography, the touching of a child for sexual 
gratification, or child abuse.

Categories of records in the system:
    Categories of records in this system include:
     Individual's name;
     Social Security number;
     Address;
     Date of birth;
     Case number;
     Applicant Polygraph Examination Reports and Files;
     DHS Polygraph Examination Reports and Files;
     Records containing investigatory material compiled solely 
for the purpose of determining suitability, eligibility, or 
qualifications for Federal civilian employment or access to classified 
information; and
     Any group of records which have been created by the Law 
Enforcement Officer Safety Act of 2004, Public Law 108.277, Sec.  1, 
codified at 18 U.S.C. 926B and 926C.
     Child Abuse reporting records.

Authority for maintenance of the system:
    5 U.S.C. 301; the Federal Records Act, 44 U.S.C. 3101; 42 U.S.C. 
13031; 18 U.S.C. 3056, Executive Order 10450; and Treasury Order 170-
04.

Purpose(s):
    The purpose of this system is to record and maintain files of 
individuals involved in non-criminal statutory investigations and/or 
requirements.

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 Federal, State, or local government agencies for the purpose 
of developing a relevant ongoing civil, criminal.
    I. To private institutions and individuals for the purpose of 
confirming and/or determining suitability, eligibility, or 
qualification for Federal civilian employment or access to classified 
information, and for the purposes of furthering the efforts of the USSS 
to investigate the activities of individuals related to or involved in 
non-criminal civil and administrative investigations.
    J. To another Federal agency or to an instrumentality of any 
government jurisdiction within or under the control of the United 
States for the purpose of determining suitability, eligibility, or 
qualifications for employment with or access to classified information 
in such other agency or instrumentality.
    K. 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.
    L. To an appropriate Federal, State, local, tribal, foreign, or 
international

[[Page 77815]]

agency, if the information is relevant and necessary to a requesting 
agency's decision concerning the hiring or retention of an individual, 
or 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 letting 
of a contract, or the issuance of a license, grant or other benefit 
when disclosure is appropriate to the proper performance of the 
official duties of the person making the request.
    M. To State and local school boards, private and public schools, 
daycare facilities, children's camps, and childcare transportation 
providers, information concerning one of their employees, or applicants 
for employment, when such an individual has admitted to the United 
States Secret Service that they viewed, have taken an interest in, or 
have engaged in prior activity regarding child pornography, the 
touching of a child for sexual gratification, or child abuse.
    N. 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 and/or behind locked doors. Electronic records media, such 
as magnetic tape, magnetic disk, digital media, and CD ROM are stored 
in proper environmental controls.

Retrievability:
    Records are indexed by name on file at Headquarters, the Office of 
Inspection, and in field offices and are retrieved through a manual 
search of index cards and/or through computer search of magnetic media. 
Access to the physical files is by case number obtained from the name 
indices.

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 case records are retained for 30 years. Applicant 
security and background investigation records of USSS employees are 
retained for 20 years after retirement or separation of the employee. 
All other records, the disposition of which is not otherwise specified, 
are retained and destruction is not authorized. Magnetic media indices 
are retained for an indefinite period of time.

System Manager and address:
    Assistant Director, Human Resources and Training, and Assistant 
Director, Office of Investigation, 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 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:
    Employees, Former Employees, and Applicants for employment with the 
United States Secret Service, Federal, State, and local governmental 
agencies, court systems, executive entities both foreign and domestic, 
educational institutions, private business, and members of the general 
public.

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)(2), (k)(3), 
(k)(5), and (k)(6), 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.

Hugo Teufel III,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. E8-30112 Filed 12-18-08; 8:45 am]
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