SORN_DHS Security Personnel Security Management

8088

Federal Register / Vol. 75, No. 35 / Tuesday, February 23, 2010 / Notices

member of the Committee in advance of
the meeting, please submit them,
preferably in electronic form to facilitate
distribution, to Martha K. Landesberg,
Executive Director, DHS Data Privacy
and Integrity Advisory Committee, by
March 11, 2010.
Information on Services for Individuals
With Disabilities
For information on services for
individuals with disabilities or to
request special assistance, contact
Martha K. Landesberg, Executive
Director, DHS Data Privacy and Integrity
Advisory Committee, as soon as
possible.

mstockstill on DSKH9S0YB1PROD with NOTICES

Privacy Act Statement: DHS’s Use of
Your Information
Principal Purposes: When you register
to attend a DHS Data Privacy and
Integrity Advisory Committee meeting,
DHS collects your name, contact
information, and the organization you
represent, if any. We use this
information to contact you for purposes
related to the meeting, such as to
confirm your registration, to advise you
of any changes in the meeting, or to
assure that we have sufficient materials
to distribute to all attendees. We may
also use the information you provide for
public record purposes such as posting
publicly available transcripts and
meeting minutes.
Routine Uses and Sharing: In general,
DHS will not use the information you
provide for any purpose other than the
Principal Purposes, and will not share
this information within or outside the
agency. In certain circumstances, DHS
may share this information on a case-bycase basis as required by law or as
necessary for a specific purpose, as
described in the DHS Mailing and Other
Lists System of Records Notice, DHS/
ALL–002 (73 FR 71659).
DHS Authority to Collect This
Information: DHS requests that you
voluntarily submit this information
under its following authorities: 5 U.S.C.
301; the Federal Records Act, 44 U.S.C.
3101; FACA, 5 U.S.C. App. (Pub. L. 92–
463); 5 U.S.C., App. 2 Sec. 10; E.O.
9397; 14 U.S.C. 632; The Omnibus
Budget Reconciliation Act of 1987,
Public Law 101–103, Section 9503(c),
101 Stat. 1330, 1330–381 (1987)
(codified at 19 U.S.C. 2071 note).
Effects of Not Providing Information:
You may choose not to provide the
requested information or to provide
only some of the information DHS
requests. If you choose not to provide
some or all of the requested information,
DHS may not be able to contact you for
purposes related to the meeting.

VerDate Nov<24>2008

16:25 Feb 22, 2010

Jkt 220001

Accessing and Correcting
Information: If you are unable to access
or correct this information by using the
method that you originally used to
submit it, you may direct your request
in writing to the DHS Deputy Chief
FOIA Officer at [email protected].
Additional instructions are available at
http://www.dhs.gov/foia and in the
DHS/ALL–002 System of Records
Notice referenced above.
Dated: February 17, 2010.
Mary Ellen Callahan,
Chief Privacy Officer, Department of
Homeland Security.
[FR Doc. 2010–3400 Filed 2–22–10; 8:45 am]
BILLING CODE 9110–9L–P

DEPARTMENT OF HOMELAND
SECURITY
Office of the Secretary
[Docket No. DHS–2009–0041]

Privacy Act of 1974; Department of
Homeland Security/ALL—023
Personnel Security Management
System of Records
Privacy Office; DHS.
Notice of Privacy Act system of

AGENCY:
ACTION:

records.
SUMMARY: In accordance with the
Privacy Act of 1974, the Department of
Homeland Security proposes to update
and reissue Department of Homeland
Security/ALL—023 Personnel Security
Management System of Records to
include record systems within the
Federal Protective Service and records
of federal, state, local and foreign law
enforcement personnel who apply for
and/or are granted authority to enforce
federal laws on behalf of the
Department. Categories of individuals,
categories of records, purpose, and
routine uses of this system have been
reviewed and updated to reflect the
personnel security management record
systems of the Department, including
the Federal Protective Service. The
activities performed by the
Department’s personnel security
program often overlap with other
security-related activities such as access
control and investigatory records.
Accordingly, data within each of the
categories of individuals, categories of
records, purpose and routine uses may
have similarities with other securityrelated systems of records, but each
system is distinct based on its purpose.
Further, this system of records is
separate from Department of Homeland
Security/ALL 026—Personal Identity
Verification Management System of
Records, June 25, 2009, which supports

PO 00000

Frm 00058

Fmt 4703

Sfmt 4703

the administration of the Homeland
Security Presidential Directive—12
program, directing the use of a common
identification credential for both logical
and physical access to federally
controlled facilities and information
systems while enhancing security,
increasing efficiency, reducing identity
fraud, and protecting personal privacy.
There will be no change to the Privacy
Act exemptions currently in place for
this system of records and therefore
remain in effect. This updated system
will continue to be included in the
Department of Homeland Security’s
inventory of record systems.
DATES: Written comments must be
submitted on or before March 25, 2010.
This updated system will be effective
March 25, 2010.
ADDRESSES: You may submit comments,
identified by docket number DHS–
2009–0041 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 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 and privacy issues
please contact: Mary Ellen Callahan
(703–235–0780), Chief Privacy Officer,
Privacy Office, Department of Homeland
Security, Washington, DC 20528.
SUPPLEMENTARY INFORMATION:
I. Background
The Department of Homeland
Security (DHS) and its components and
offices rely on DHS/ALL—023
Personnel Security Management System
of Records (74 FR 3084, January 16,
2009) for the collection and
maintenance of records that pertain to
personnel security management.
DHS is updating and reissuing this
Department-wide system of records
under the Privacy Act (5 U.S.C. 552a),
for DHS personnel security management
records, to include records systems
within the Federal Protective Service
(FPS) and records of federal, state, local,
and foreign law enforcement personnel

E:\FR\FM\23FEN1.SGM

23FEN1

mstockstill on DSKH9S0YB1PROD with NOTICES

Federal Register / Vol. 75, No. 35 / Tuesday, February 23, 2010 / Notices
who apply for and/or are granted
authority to enforce federal laws on
behalf of DHS. The DHS/ALL—023
Personnel Security Management System
of Records is the baseline system for
personnel security activities, as led by
the DHS Office of the Chief Security
Officer, for the Department. This will
ensure that all DHS components follow
the same privacy rules for collecting and
handling personnel security
management records.
The purpose of this system is to
maintain processing records of
personnel security-related clearance
actions, to record suitability
determinations, to record whether
security clearances are issued or denied,
and to verify eligibility for access to
classified information or assignment to
a sensitive position. Also, records may
be used by the Department for adverse
personnel actions such as removal from
sensitive duties, removal from
employment, and denial to a restricted
or sensitive area, and revocation of
security clearance. The system also
assists in capturing background
investigations and adjudications;
directing the clearance process for
granting, suspending, revoking and
denying access to classified information;
directing the clearance process for
granting, suspending, revoking and
denying other federal, state, local, or
foreign law enforcement officers the
authority to enforce federal laws on
behalf of DHS; managing state, local,
and private-sector clearance programs
and contractor suitability programs;
determining eligibility for unescorted
access to DHS facilities or information
technology systems; and other activities
relating to personnel security
management responsibilities at DHS.
The Department’s authority for this
collection is primarily 5 U.S.C. 301; 44
U.S.C. 3101; 8 U.S.C. 1357(g); 19 U.S.C.
1401(i); Executive Order (EO) 9397; EO
10450; EO 12968; 5 CFR part 731; 5 CFR
part 732; 5 CFR part 736; 32 CFR part
147; and DCID 6/4. This system will
collect individuals’ personal
information to support the Department’s
efforts related to their personnel
security activity. Efforts have been made
to safeguard records in accordance with
applicable rules and policies, including
all applicable DHS automated systems
security and access policies. Strict
controls have been imposed to minimize
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

VerDate Nov<24>2008

16:25 Feb 22, 2010

Jkt 220001

appropriate clearances or permissions.
The routine uses posted are unchanged
from the previous publishing and
consistent with the purpose for
collection. This system of records is
collecting information under the
Paperwork Reduction Act using the
following forms: (1.) Questionnaire for
Non-Sensitive Positions—SF–85—OMB
No. 3206–0005; (2.) Questionnaire for
Public Trust Position—SF–85P—OMB
No. 3206–0191; (3.) Supplemental
Questionnaire for Selected Positions—
SF–85P–S OMB No. 3206–0191; (4.)
Questionnaire for National Security
Positions—SF–86—OMB No. 3206–
0005; and (5.) Continuation Sheet for
Questionnaires—SF–86A—OMB No.
3206–0005. Further reviews are being
conducted to determine if the system of
records collects other information under
the Paperwork Reduction Act.
Categories of individuals, categories of
records, the purpose, and routine uses
of this system have been reviewed and
updated to reflect the personnel security
management record systems of the
Department, including the FPS. The
Privacy Office has updated the
categories of individuals covered by the
system to include DHS-covered
individuals, such as federal employees,
applicants, excepted service federal
employees, contractor employees,
retired employees, past employees
providing support to DHS and who
require unescorted access to DHSsecured facilities, and federal, state,
local, and foreign law enforcement
personnel who apply for or are granted
authority to enforce federal laws on
behalf of DHS. The categories of records
have been updated to include facial
photographs and criminal background
investigations. The purpose has been
revised to reflect that the system assists
in directing the clearance process for
granting, suspending, revoking and
denying other federal, state, local, or
foreign law enforcement officers the
authority to enforce federal laws on
behalf of DHS and eligibility for
unescorted access to DHS secured
facilities. An existing routine use
(Routine Use H) was modified to permit
the sharing of information from this
system of records with agencies where
it is relevant and necessary to the
agencies’ decision concerning the
delegation or designation of authority.
Lastly, a new routine use was added to
permit sharing of information with 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

PO 00000

Frm 00059

Fmt 4703

Sfmt 4703

8089

confidence in the integrity of DHS or 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.
Privacy Impact Assessments (PIAs)
have been conducted and are on file for
the (1.) Personnel Security Activities
Management System; (2.) Integrated
Security Management System; (3.)
DHSAccessGate System; (4.) Automated
Continuing Evaluation System (ACES)
Pilot; (5.) Personal Identity Verification
System; (6.) Federal Protective Service
Information Support Tracking System
(FISTS) Contract Suitability Module;
and (7.) Federal Protective Service
Dispatch Incident Records Management
Systems along with other related
component specific PIAs and can be
found at http://www.dhs.gov/privacy.
Consistent with DHS’s information
sharing mission, information stored
within the DHS/ALL—023 Personnel
Security Management System of
Records may be shared with other DHS
components, as well as appropriate
federal, state, local, tribal, foreign, or
international government agencies. This
sharing will only take place after DHS
determines that the receiving
component or agency has a need to
know the information to carry out
national security, law enforcement,
immigration, intelligence, or other
functions consistent with the routine
uses set forth in this system of records
notice.
The Office of the Chief Security
Officer is implementing a new webbased personnel and information
security application, Integrated Security
Management System (ISMS). ISMS has
replaced many of the existing case
management systems currently in use at
the Department’s Headquarters, U.S.
Customs and Border Protection (CBP),
the Federal Law Enforcement Training
Center (FLETC), and the Federal
Emergency Management Agency
(FEMA). ISMS will replace the existing
case management systems currently in
use at the U.S. Citizenship and
Immigration Services (USCIS), U.S.
Immigration and Customs Enforcement
(ICE), and the U.S. Coast Guard (USCG)
in the near future.
There will be no change to the Privacy
Act exemptions currently in place for
this system of records and therefore
remain in effect. This updated system
will continue to be included in DHS’s
inventory of record systems.

E:\FR\FM\23FEN1.SGM

23FEN1

8090

Federal Register / Vol. 75, No. 35 / Tuesday, February 23, 2010 / Notices

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 an individual’s 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 from which information is
stored and retrieved by the name of the
individual or by some identifying
number such as property address,
mailing address, or symbol assigned to
the individual. In the Privacy Act, an
individual is defined to encompass
United States citizens and lawful
permanent residents. DHS extends
administrative Privacy Act protections
to all individuals where information is
maintained on both U.S. citizens, lawful
permanent residents, and visitors.
Individuals may request 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 a description of DHS/
ALL—023 Personnel Security
Management 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 (OMB) and to
Congress.
System of Records

DHS/ALL–023
SYSTEM NAME:

Department of Homeland Security
(DHS)/ALL—023 Personnel Security
Management System of Records.
SECURITY CLASSIFICATION:

mstockstill on DSKH9S0YB1PROD with NOTICES

Unclassified, sensitive, for official use
only, and classified.
SYSTEM LOCATION:

Records are maintained at several
DHS Headquarters locations and
component offices in Washington, DC
and field locations; and the Department
of Treasury (DTR), Bureau of Public
Debt for Office of Inspector General
employees and applicants. For

VerDate Nov<24>2008

16:25 Feb 22, 2010

Jkt 220001

background investigations adjudicated
by the Office of Personnel Management
(OPM), OPM may retain copies of those
files pursuant to their records retention
schedules.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:

Categories of individuals covered by
this system include federal employees,
applicants, excepted service federal
employees, contractor employees,
retired employees, and past employees
providing support to DHS who require:
(1.) Unescorted access to DHS-owned
facilities, DHS-controlled facilities,
DHS-secured facilities, or commercial
facilities operating on behalf of DHS;
(2.) access to DHS information
technology (IT) systems and the
systems’ data; or (3.) access to national
security information including
classified information.
Also covered are: (1.) State and local
government personnel and privatesector individuals who serve on an
advisory committee or board sponsored
by DHS; (2.) federal, state, local, and
foreign law enforcement personnel who
apply for or are granted authority to
enforce federal laws on behalf of DHS;
and (3.) individuals, including state and
local government personnel and privatesector individuals, who are authorized
by DHS to access Departmental
facilities, communications security
equipment, and/or information
technology systems that process
sensitive or classified national security
information.
CATEGORIES OF RECORDS IN THE SYSTEM:

Categories of records in the system
include:
• Individual’s name;
• Date and place of birth;
• Social security number;
• Citizenship;
• Access Control Pass or Credential
number;
• Facial photograph;
• Records relating to the management
and operation of DHS personnel
security program, including but not
limited to:
Æ Completed standard form
questionnaires issued by the Office of
Personnel Management;
Æ Originals or copies of background
investigative reports;
Æ Supporting documentation related
to the background investigations and
adjudications including criminal
background, medical and financial data;
Æ Information related to
congressional inquiry; and
Æ Other information relating to an
individual’s eligibility for access to
classified or sensitive information.

PO 00000

Frm 00060

Fmt 4703

Sfmt 4703

• Records relating to management
and operation of DHS programs to
safeguard classified and sensitive but
unclassified information, including but
not limited to:
Æ Document control registries;
Æ Courier authorization requests;
Æ Non-disclosure agreements;
Æ Records of security violations;
Æ Records of document transmittals;
and
Æ Requests for secure storage and
communications equipment.
• Records relating to the management
and operation of DHS special security
programs, including but not limited to:
Æ Requests for access to sensitive
compartmented information (SCI);
Æ Contact with foreign officials and
foreign travel registries; and
Æ Briefing/debriefing statements for
special programs, sensitive positions,
and other related information and
documents required in connection with
personnel security clearance
determinations.
• Records relating to the management
and operation of the DHS security
program, including but not limited to:
Æ Inquiries relating to suspected
security violation(s);
Æ Recommended remedial actions for
possible security violation(s);
Æ Reports of investigation regarding
security violations;
Æ Statements of individuals;
Æ Affidavits;
Æ Correspondence;
Æ Documentation pertaining to
investigative or analytical efforts by
DHS Security program personnel to
identify threats to DHS personnel,
property, facilities, and information;
and
Æ Intelligence reports and database
results relating to DHS personnel,
applicants, or candidates for DHS
employment or access to DHS facilities
or information.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

5 U.S.C. 301; 44 U.S.C. 3101; 8 U.S.C.
1357(g); 19 U.S.C. 1401(i); Executive
Order (EO) 9397; EO 10450; EO 12968;
5 CFR part 731; 5 CFR part 732; 5 CFR
part 736; 32 CFR part 147; and DCID 6/
4.
PURPOSE(S):

The purpose of this system is to
collect and maintain records of
processing of personnel security-related
clearance actions, to record suitability
determinations, to record whether
security clearances are issued or denied,
and to verify eligibility for access to
classified information or assignment to
a sensitive position. Also, records may
be used by the Department for adverse

E:\FR\FM\23FEN1.SGM

23FEN1

Federal Register / Vol. 75, No. 35 / Tuesday, February 23, 2010 / Notices
personnel actions such as removal from
sensitive duties, removal from
employment, denial to a restricted or
sensitive area, and/or revocation of
security clearance. The system also
assists in capturing background
investigations and adjudications;
directing the clearance process for
granting, suspending, revoking and
denying access to classified information;
directing the clearance process for
granting, suspending, revoking and
denying other federal, state, local, or
foreign law enforcement officers the
authority to enforce federal laws on
behalf of DHS; managing state, local and
private-sector clearance programs and
contractor suitability programs;
determining eligibility for unescorted
access to DHS owned, occupied or
secured facilities or information
technology systems; and/or other
activities relating to personnel security
management responsibilities at DHS.

mstockstill on DSKH9S0YB1PROD with NOTICES

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
(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 written 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

VerDate Nov<24>2008

16:25 Feb 22, 2010

Jkt 220001

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 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 issuance
of a security clearance, license, contract,
grant, delegation or designation of
authority, or other benefit, or if the
information is relevant and necessary to

PO 00000

Frm 00061

Fmt 4703

Sfmt 4703

8091

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, delegation or
designation of authority, or other benefit
and disclosure is appropriate to the
proper performance of the official duties
of the person making the request.
I. To an individual’s prospective or
current employer to the extent necessary
to determine employment eligibility.
J. 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 pursuant to
the order of a court of competent
jurisdiction in response to a subpoena
from a court of competent jurisdiction.
K. To third parties during the course
of a law enforcement investigation to
the extent necessary to obtain
information pertinent to the
investigation, provided disclosure is
appropriate to the proper performance
of the official duties of the officer
making the disclosure.
L. To a public or professional
licensing organization when such
information indicates, either by itself or
in combination with other information,
a violation or potential violation of
professional standards, or reflects on the
moral, educational, or professional
qualifications of an individual who is
licensed or who is seeking to become
licensed.
M. 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

E:\FR\FM\23FEN1.SGM

23FEN1

8092

Federal Register / Vol. 75, No. 35 / Tuesday, February 23, 2010 / Notices

facilities in a locked drawer behind a
locked door. The records are stored on
servers, magnetic disc, tape, digital
media, and CD–ROM.
RETRIEVABILITY:

Records may be retrieved by
individual’s name, date of birth, social
security number, if applicable, or other
unique individual identifier such as
access control pass or credential
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
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:

Pursuant to GRS 18, Item 21 through
25, records relating to alleged security
violations are destroyed two years after
completion of final action or when no
longer needed, whichever is sooner;
records relating to alleged violations of
a sufficient serious nature that are
referred for prosecutive determinations
are destroyed five years after the close
of the case; personnel security clearance
files are destroyed upon notification of
death or not later than five years after
separation or transfer of employee or no
later than five years after contract
relationship expires, whichever is
applicable.
SYSTEM MANAGER AND ADDRESS:

For Headquarters components of DHS:
Chief, Personnel Security Division (202–
447–5010), Office of Security,
Department of Homeland Security,
Washington, DC 20528. For components
of DHS, the System Manager can be
found at http://www.dhs.gov/foia under
‘‘contacts.’’

mstockstill on DSKH9S0YB1PROD with NOTICES

NOTIFICATION PROCEDURE:

The Secretary of Homeland Security
has exempted this system from the
notification, access, and amendment
procedures of the Privacy Act because it
is a law enforcement system. However,
DHS will consider individual requests
to determine whether or not information
may be released. Thus, 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

VerDate Nov<24>2008

16:25 Feb 22, 2010

Jkt 220001

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:

Records are generated from sources
contacted during personnel and
background investigations.

PO 00000

Frm 00062

Fmt 4703

Sfmt 4703

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 limitation set forth in
(c)(3); (d); (e)(1), (e)(4)(G), (e)(4)(H),
(e)(4)(I); and (f) of the Privacy Act
pursuant to 5 U.S.C. 552a (k)(1), (k)(2),
(k)(3), and (k)(5) of the Privacy Act.
Dated: February 1, 2010.
Mary Ellen Callahan,
Chief Privacy Officer, Department of
Homeland Security.
[FR Doc. 2010–3362 Filed 2–22–10; 8:45 am]
BILLING CODE 9110–9B–P

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
Privacy Office, DHS.
Notice of Privacy Act system of

AGENCY:
ACTION:

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

E:\FR\FM\23FEN1.SGM

23FEN1