Federal Register, Volume 75 Issue 35 (Tuesday, February 23, 2010)

[Federal Register Volume 75, Number 35 (Tuesday, February 23, 2010)]
[Notices]
[Pages 8092-8095]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-3402]

-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Office of the Secretary

[Docket No. DHS-2009-0040]

Privacy Act of 1974; Department of Homeland Security/ALL--027 The
History of the Department of Homeland Security System of Records

AGENCY: Privacy Office, DHS.

ACTION: Notice of Privacy Act system of records.

-----------------------------------------------------------------------

SUMMARY: In accordance with the Privacy Act of 1974 the Department of
Homeland Security proposes to update and reissue a Department-wide
system of records notice titled, Department of Homeland Security-2004-
0004 Oral History Program: The History of the Department of Homeland
Security System of Records. The updated system of records is being
renamed Department of Homeland Security/ALL-027 The History of the
Department of Homeland Security System of Records and will consist of
information that is created and used by the Department's Historian, and
component historians. As a result of the biennial review of this
system, updates have been made reflecting a new name to better describe
records covered; added system classification of classified, sensitive,
and unclassified information; system location to reflect the move of
the History Office from the Office of Public Affairs to the Office of
Policy; expanded categories of individuals and the categories of
records covered by the system to include those used by components, as
the Department proposes that this be a Department-wide system; routine
uses to better reflect the needs of the History Office including
sharing with appropriate agencies, entities, and persons when there is
a compromise or risk to the system (Routine Use D), to federal, state,
tribal, local, international, or foreign law

[[Page 8093]]

enforcement agency or other appropriate authority charged with
investigating or prosecuting a violation or enforcing or implementing a
law, rule, regulation, or order (Routine Use F), to audiences attending
a particular event, location, or meeting where the history of the
Department is exhibited or presented (Routine Use I), and to scholars
(historians and other disciplines) or any other interested individuals
for research in writing dissertations, articles, books, and other
documents for government, commercial, and nonprofit publication or
developing material for other media use (Routine Use J); storage,
retrievability and safeguards to reflect changes made by the Office
transfer; retention and disposal to manage new records added to the
system as the Department proposes that this be a Department-wide
system; record source categories to reflect that individuals who are
interviewed for records must sign and are provided a notice under the
Privacy Act pursuant to 5 U.S.C. 552a; and added exemptions necessary
for records within the Department's history files, that will be
reviewed, on a case by case basis, for exemption from the Privacy Act.
The system will allow the Department's Historian, and component
historians, to store and retrieve information pertaining to Department
employees and former employees, including political appointees,
civilian and military personnel assigned or detailed to the Department,
individuals who are formally or informally associated with the
Department, including advisory committee members, employees of other
agencies and departments in the federal government, and other
individuals in the private and public sector who contribute to the
history of the Department. This updated system will be included in the
Department of Homeland Security's inventory of record systems.

DATES: Submit comments on or before March 25, 2010. This reissued
system will be effective March 25, 2010.

ADDRESSES: You may submit comments, identified by docket number [DHS-
2009-0040] by one of the following methods:
Federal e-Rulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
Fax: 703-483-2999.
Mail: Mary Ellen Callahan, 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:
Historian (202-282-8682), History Office, Office of Policy, U.S.
Department of Homeland Security, Washington, DC 20528. For privacy
issues please contact: Mary Ellen Callahan (703-235-0780), Chief
Privacy Officer, Privacy Office, U.S. Department of Homeland Security,
Washington, DC 20528.

SUPPLEMENTARY INFORMATION:

I. Background

The Department of Homeland Security (DHS) and its components and
offices rely on the Privacy Act system of records notice, DHS-2004-0004
Oral History Program: The History of the Department of Homeland
Security System of Records (69 FR 56781, September 22, 2004) for the
collection and maintenance of records that concern the Department's
history records. The system name is being changed to DHS/ALL-027 The
History of the Department of Homeland Security System of Records.
As part of its efforts to maintain its Privacy Act records systems,
DHS is updating and reissuing a Department-wide system of records under
the Privacy Act (5 U.S.C. 552a) for DHS history records. This will
ensure that all components of DHS follow the same privacy rules for
collecting and handling history records. The collection and maintenance
of this information will assist DHS in managing the Department's
history records in order to promote an accurate and complete portrayal
of DHS history.
The History Office was established to record, collect, preserve,
describe, analyze, publish, and disseminate the history of the
Department. Initially established within the Office of Public Affairs,
the History Office has since been transferred to the Office of Policy,
and serves with the support of the components, in developing a complete
history of the Department.
The purpose of this system is to collect historically relevant
information about the Department to support policy, initiatives,
announcements, public releases of information, as well as to inform
current and future leadership, employees, and the public about the
history of the Department. DHS is authorized to implement this program
primarily through 5 U.S.C. 301 and 44 U.S.C. 3101. This system has an
effect on individuals' privacy that is balanced by the notice provided
to the individual during an oral interview, while completing historical
questionnaires, or when providing information. This information is
needed to accurately capture and maintain the Department's history.
Information is 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 stored. Information within this
system is shared consistent with 5 U.S.C. 552a(b) of the Privacy Act
and the compatibility requirements outlined in 5 U.S.C. 552a(7).
Routine uses added during this biennial review are sharing with
appropriate agencies, entities, and persons when there is a compromise
or risk to the system (Routine Use D), to 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 (Routine Use F); to audiences attending a particular event,
location, or meeting where the history of the Department is exhibited
or presented (Routine Use I); and to scholars (historians and other
disciplines) or any other interested individuals for research in
writing dissertations, articles, books, and other documents for
government, commercial, and nonprofit publication or developing
material for other media use (Routine Use J). All remaining routine
uses are as previously published. This system does use a form(s) to
collect information. An inventory of forms is being conducted to ensure
that appropriate Privacy Act notices are in place and that the
Paperwork Reduction Act is being honored.

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

[[Page 8094]]

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 to
which their records are put, and to assist individuals to more easily
find such files within the agency. Below is the description of the DHS/
ALL-027 The History of the Department of Homeland Security System of
Records.
In accordance with 5 U.S.C. 552a(r), DHS has provided a report of
this system of records to the Office of Management and Budget and to
Congress.
System of Records:
DHS/ALL-027

System name:
Department of Homeland Security--The History of the Department of
Homeland Security System of Records.

Security classification:
Classified, sensitive, and unclassified.

System location:
Records are maintained at Department of Homeland Security
headquarters (History Office, Office of Policy) as well as component
headquarters in Washington, DC, and field locations.

Categories of individuals covered by the system:
Categories of individuals covered by this system include: Current
and former federal employees, including political appointees, civilian,
contractor, and military personnel assigned or detailed to the
Department. Also, covered by this system are individuals who are
formally or informally associated with the Department, including
advisory committee members, employees of other agencies and departments
in the federal government, and other individuals in the private and
public sector who contribute to the history of the Department.

Categories of records in the system:
Categories of records in this system include:
Individuals or interviewees full name;
Individuals or interviewees provided address;
Individuals or interviewees provided phone number(s);
Individuals or interviewees provided e-mail address;
Occupational background and position(s);
Public speeches and articles by an individual;
Public and internal correspondence, interviews, press
releases and announcements, and various other tapes and transcripts of
Departmental activities;
Photographs;
Biographical information;
Interview records on magnetic tape or other electronic
format;
Transcriptions from written and oral interviews and
discussions;
Access agreements; and
Interviewee accounts and recollections of experiences at
component legacy agencies; the events of September 11, 2001; the
establishment of the Department and its predecessor the Office of
Homeland Security; the history of the Department including legacy
components; major issues facing the Department; and the future of the
Department.

Authority for maintenance of the system:
5 U.S.C. 301; and 44 U.S.C. 3101.

Purpose(s):
The purpose of this system is to collect historically relevant
information about the Department to support policy, initiatives,
announcements, public releases of information, as well as to inform
current and future leadership, employees, and the public about the
history of the Department.

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 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 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 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
individuals that rely 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.
E. 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.
F. 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

[[Page 8095]]

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.
G. To the Government Printing Office or other publishing offices
for production of a final document.
H. To the National Archives and other government or public
libraries in order to respond to inquiries about DHS.
I. To audiences attending a particular event, location, or meeting
where the history of the Department is exhibited or presented.
J. To scholars (historians and other disciplines) or any other
interested individuals for research in writing dissertations, articles,
books, and other documents for government, commercial, and nonprofit
publication or developing material for other media use.
K. 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 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, subject, employment position, or
event.

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 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 relating to background material are temporary, to be
destroyed when no longer needed for administrative purposes, or ten
years after the completion of the project. Records for the Headquarters
History Office Project Files and Oral History Program are permanent in
accordance with National Archives and Records Administration through
approved schedule N1-563-07-3.

System Manager and address:
Historian (202-282-8682), History Office, Office of Policy, U.S.
Department of Homeland Security, 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 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 and
Chief Freedom of Information Act 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 Chief Privacy
Officer and Chief Freedom of Information Act Officer, 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;
and
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, interviewees, press releases, newspapers, journals,
copies of internal Department records, and individuals submit records
on a voluntary basis to the History Offices. Individuals who are
interviewed for records must sign and are provided a notice under the
Privacy Act pursuant to 5 U.S.C. 552a.

Exemptions claimed for the system:
The Secretary of Homeland Security has exempted this system from
the following provisions of the Privacy Act, subject to the limitations
set forth in (c)(3) and (4); (d); (e)(1), (e)(2), (e)(3), (e)(5), and
(e)(8); and (g) of the Privacy Act pursuant to 5 U.S.C. 552a(j)(2).
Additionally, the Secretary of Homeland Security has exempted this
system from the following provisions of the Privacy Act, subject to the
limitations set forth in (c)(3), (d), (e)(1), (e)(4)(G), (H), (I), and
(f) of the Privacy Act pursuant to 5 U.S.C. 552a(k)(1), (k)(2), (k)(3),
and (k)(5).

Dated: February 1, 2010.
Mary Ellen Callahan,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. 2010-3402 Filed 2-22-10; 8:45 am]
BILLING CODE 9110-9M-P