Sorn

Federal Register / Vol. 73, No. 206 / Thursday, October 23, 2008 / Notices
Security has exempted this system from
subsections (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), (2), (3),
and (5).
Dated: October 14, 2008.
Hugo Teufel III,
Chief Privacy Officer, Department of
Homeland Security.
[FR Doc. E8–25002 Filed 10–22–08; 8:45 am]
BILLING CODE 4410–10–P

DEPARTMENT OF HOMELAND
SECURITY
Office of the Secretary
[Docket No. DHS–2008–0083]

Privacy Office; DHS.
Notice of Privacy Act system of

AGENCY:

dwashington3 on PRODPC61 with NOTICES

records.
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 is
giving notice that it proposes to
consolidate one legacy system of records
notice, DOT/CG 536 Contract and Real
Property File System as a Department of
Homeland Security-wide system of
records notice titled Department of
Homeland Security Contractors and
Consultants. The Department of
Homeland Security also proposes to
partially consolidate one legacy record
system, Treasury/USSS.001
Administrative Information System into
this Department-wide system of records.
This system will allow the Department
of Homeland Security to collect and
maintain records on the Department’s
contractors and consultants. Categories
of individuals, categories of records, and
the routine uses of this legacy system
have been reviewed and updated to
better reflect the Department’s
contractor and consultant record
system. This reclassified system, titled
Department of Homeland Security
Contractors and Consultants, will be
included in the Department of
Homeland Security’s inventory of
record systems.
DATES: Submit comments on or before
November 24, 2008. This new system
will be effective November 24, 2008.
ADDRESSES: You may submit comments,
identified by docket number DHS–
2008–0083 by one of the following
methods:

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For
general questions and privacy issues
please contact: Hugo Teufel III (703–
235–0780), Chief Privacy Officer,
Privacy Office, Department of Homeland
Security, Washington, DC 20528.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:

Privacy Act of 1974; Department of
Homeland Security Contractors and
Consultants System of Records
ACTION:

• 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 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.

I. Background
Pursuant to the savings clause in the
Homeland Security Act of 2002, Public
Law 107–296, Section 1512, 116 Stat.
2310 (November 25, 2002), the
Department of Homeland Security
(DHS) and its components and offices
have relied on preexisting Privacy Act
systems of records notices for the
collection and maintenance of records
that concern DHS contractors and
consultants.
As part of its efforts to streamline and
consolidate its records systems, DHS is
establishing an agency-wide system of
records under the Privacy Act (5 U.S.C.
552a) for these contractor and
consultant records. This will ensure that
all components of DHS follow the same
privacy rules for collecting and
maintaining contractor and consultant
records. The collection and
maintenance of this information will
assist DHS in meeting its obligation to
collect and maintain records on DHS
contractors and consultants.
In accordance with the Privacy Act of
1974 and as part of the DHS’s ongoing
effort to review and update legacy
system of record notices, DHS is giving
notice that it proposes to consolidate
one legacy system of records notice,
DOT/CG 536 Contract and Real Property
File System (65 FR 19476 April 11,
2000), as a DHS-wide system of records
notice titled Department of Homeland
Security Contractors and Consultants.
DHS also proposes to partially
consolidate one legacy record system:
Treasury/USSS.001 Administrative
Information System (66 FR 45362

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63179

August 28, 2001) into this Departmentwide system of records. This system
will allow DHS to collect and maintain
records on the Department’s contractors
and consultants. Categories of
individuals, categories of records, and
the routine uses of this legacy system
have been reviewed and updated to
better reflect the DHS’s contractor and
consultant record system. This
reclassified system, titled Department of
Homeland Security Contractors and
Consultants, will be included in DHS’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 legal
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 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 recordkeeping
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 the description of the
DHS Contractors and Consultants
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–021.

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Federal Register / Vol. 73, No. 206 / Thursday, October 23, 2008 / Notices

SYSTEM NAME:

Department of Homeland Security
Contractors and Consultants.
SECURITY CLASSIFICATION:

Unclassified.
SYSTEM LOCATION:

Records are maintained at several
Headquarters locations and in
component offices of DHS, in both
Washington, DC, and field locations.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:

Categories of individuals covered by
this system include any individual who
serves as a contractor or consultant to
DHS.
CATEGORIES OF RECORDS IN THE SYSTEM:

Categories of records in this system
include:
• Individual’s name;
• Social security number;
• Home address;
• Telephone numbers (work, home,
mobile);
• E-mail addresses;
• Contract name and number;
• Employer;
• Work address;
• Job title;
• Labor category;
• Relevant work experience;
• DHS-issued property in the
possession of the contractor/consultant
for the purpose of fulfilling contractual
requirements;
• Vendor lists;
• Correspondence between the
contractor and DHS;
• Bidders lists;
• Permits;
• Licenses;
• Easement;
• Deliverables;
• Proposals;
• White papers; and
• Key personnel resumes.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

5 U.S.C. 301; The Federal Records
Act, The Homeland Security Act of
2002, Public Law 107–296; Executive
Order 9373; Reorganization Plan No. 2
of 1970 (31 U.S.C. 1111); Executive
Order 11541; the Office of Federal
Procurement Policy Act (41 U.S.C. 405);
and the Federal Activities Inventory
Reform (FAIR) Act of 1998 (31 U.S.C.
501 note).

dwashington3 on PRODPC61 with NOTICES

PURPOSE(S):

The purpose of this system is to
collect and maintain records on DHS
contractors and consultants.
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.

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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 the
Department of Justice 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

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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 and state entities when
relevant and necessary to disclose
information on DHS or its components
purchases and contracts.
I. 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 as paper records in
secure facilities in a locked drawer and/
or behind a secured locked door. The
electronic records are stored on
magnetic disc, tape, digital media, and
CD–ROM.
RETRIEVABILITY:

Records may be retrieved by name,
and/or contract name and number.

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Federal Register / Vol. 73, No. 206 / Thursday, October 23, 2008 / Notices
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:

Records are retained for six years and
three months after the final payment to
a contractor/consultant in accordance
with National Archives and Records
Administration-approved General
Records Schedule 3, Item 3—General
Procurement Files.
SYSTEM MANAGER AND ADDRESS:

For Headquarters and components of
DHS, the System Manager is the
Director of Departmental Disclosure,
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.’’

dwashington3 on PRODPC61 with NOTICES

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,
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 Director, Disclosure and FOIA,

VerDate Aug<31>2005

14:58 Oct 22, 2008

Jkt 217001

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,
• 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, contractors, consultants,
bidders, financial institutions, insurance
companies, community associations,
and other agencies.
EXEMPTIONS CLAIMED FOR THE SYSTEM:

None.
Dated: October 15, 2008.
Hugo Teufel III,
Chief Privacy Officer, Department of
Homeland Security.
[FR Doc. E8–25205 Filed 10–22–08; 8:45 am]
BILLING CODE 4410–10–P

DEPARTMENT OF HOMELAND
SECURITY
Office of the Secretary
[Docket No. DHS–2008–0009]

Privacy Act of 1974; Department of
Homeland Security Asset Management
Records 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 is giving notice that
it proposes to consolidate four legacy
record systems: Justice/INS–004 The
Asset Management Information System

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63181

(AMIS), FEMA/ADM–2 Office Services
File System, Treasury/CS.044
Certificates of Clearance, and Treasury/
CS.201 Property File Non-Expendable
into one Department-wide system of
records. The Department of Homeland
Security also proposes to partially
consolidate one legacy record system:
Treasury/USSS.001 Administrative
Information System into this
Department-wide system of records.
This system will allow the Department
of Homeland Security to collect and
maintain records of all Departmentowned or controlled property that has
been issued to current and former DHS
employees and contractors. Categories
of individuals, categories of records, and
the routine uses of these legacy system
of records notices have been
consolidated and updated to better
reflect the Department’s asset
management record systems. This
consolidated system, titled Asset
Management, will be included in the
Department of Homeland Security’s
inventory of record systems.
DATES: Submit comments on or before
November 24, 2008.
ADDRESSES: You may submit comments,
identified by docket number DHS–
2008–0009 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 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: Hugo Teufel III (703–
235–0780), Chief Privacy Officer,
Privacy Office, Department of Homeland
Security, Washington, DC 20528.
SUPPLEMENTARY INFORMATION:
I. Background
Pursuant to the savings clause in the
Homeland Security Act of 2002, Public
Law 107–296, Section 1512, 116 Stat.
2310 (November 25, 2002), the
Department of Homeland Security
(DHS) and its components and offices
have relied on preexisting Privacy Act

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23OCN1