Privacy Act of 1974, as Amended; System of Records, 62314-62317 [E8-24836]

Agencies

• DEPARTMENT OF THE INTERIOR
• Bureau of Reclamation
• Reclamation Bureau

[Federal Register Volume 73, Number 203 (Monday, October 20, 2008)]
[Notices]
[Pages 62314-62317]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-24836]


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

DEPARTMENT OF THE INTERIOR

Bureau of Reclamation


Privacy Act of 1974, as Amended; System of Records

AGENCY: Bureau of Reclamation, Interior.

ACTION: Notice of a new system of records and proposal to exempt the 
system from certain Privacy Act requirements.

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

SUMMARY: The Department of the Interior (DOI) is issuing public notice 
of its intent to establish a system of records in its inventory of 
records systems subject to the Privacy Act of 1974 (5 U.S.C. 552a). The 
Department is also issuing notice of its intent to exempt the system 
from specific Privacy Act requirements, as described within the section 
titled ``Exemptions claimed for the system.'' The system of records is 
called Interior--WBR-50, Reclamation Law Enforcement Management 
Information System (RLEMIS).

DATES: Comments received on or before December 1, 2008 will be 
considered.

ADDRESSES: Comments on this proposed system may be submitted to the 
Bureau of Reclamation, Attention: Casey Snyder (84-21300), Denver 
Federal Center, Building 67, or P.O. Box 25007, Denver, CO 80225. 
Comments may also be submitted by e-mail to csnyder@do.usbr.gov.

FOR FURTHER INFORMATION CONTACT: Steven J. Jackson, Threat Manager, 
Office of Law Enforcement, Bureau of Reclamation, 303-445-2883.

SUPPLEMENTARY INFORMATION: The primary purpose of the system is for the 
Bureau of Reclamation's (Reclamation) Office of Security, Safety, and 
Law Enforcement, Office of Law Enforcement to maintain a database in 
both paper and electronic media relevant to information received and 
collected as part of investigations, incidents, and suspicious 
activities involving Reclamation.
    Reclamation has taken steps to minimize any impacts on an 
individual's privacy and to minimize the amount of personal data 
contained within the system. All information goes through a 
hierarchical review process to ensure that only relevant data is 
entered into the system.
    The system will be effective as proposed at the end of the comment 
period unless comments are received which would require a contrary 
determination. Reclamation will publish a revised notice if changes are 
made based upon a review of comments received.
    Before including your address, phone number, e-mail address, or 
other personal identifying information in your comment, you should be 
aware that your entire comment--including your personal identifying 
information--may be made publicly available at any time. While you can 
ask us in your comment to withhold your personal identifying 
information from public review, we cannot guarantee that we will be 
able to do so.
    A copy of the system notice for Interior--WBR-50, Reclamation Law 
Enforcement Management Information System (RLEMIS), follows.

    Dated: September 15, 2008
Dave Achterberg,
Director, Security, Safety and Law Enforcement, Bureau of Reclamation, 
Denver, Colorado.
INTERIOR--WBR-50

SYSTEM NAME:
    Reclamation Law Enforcement Management Information System (RLEMIS).

SYSTEM LOCATION:
    Bureau of Reclamation (Reclamation)/ U.S. Fish and Wildlife 
Service, Offices of Law Enforcement, 755 Parfet, Suite 230, Lakewood, 
Colorado 80225.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    The categories of individuals covered by the system are: Law 
enforcement personnel, official foreign visitors, potential and known 
subjects of incidents and suspicious activities.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Records maintained on criminal activity and intelligence 
information covered by the system include, but are not limited to, the 
following data fields: Subject name; personal identifiers (such as 
Social Security number, date of birth, passport number); physical 
characteristics (such as sex, eye color, weight); contact information 
(such as address, telephone number, employer);

[[Page 62315]]

and information about the incident or investigation (such as case 
agent, source reliability, activity date, narrative, disposition, 
vehicle information, impacted Reclamation facilities).

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    5 U.S.C. 301; 40 U.S.C. 486; 44 U.S.C. 3101; Public Law 107-69; 43 
U.S.C. 373b and 373c; Presidential Memorandum on Upgrading Security at 
Federal Facilities, June 28, 1995; Homeland Security Presidential 
Directives, HSPD 7 and 12; USA PATRIOT ACT of 2001, USA PATRIOT 
Improvement Act of 2005, E.O. 1233, as amended, E.O. 13383, DHS MOU 
Concerning Information Sharing, Homeland Security Act of 2002, National 
Security Act of 1947 as amended, Intelligence Reform and Terrorism 
Prevention Act of 2004 and 28 CFR part 23.

PURPOSE(S):
    The primary purpose of the system is to ensure the safety and 
security of Reclamation's employees, the general public, as well as 
Reclamation facilities, lands, waters, and physical and cyber 
infrastructure. RLEMIS collects, stores, and allows for retrieval of 
historical and current information on all incidents/investigations 
reported at Reclamation facilities, and maintains a record of official 
foreign visitors to Reclamation facilities. The database maintained is 
relevant to information received by, and collected as part of, 
investigations and inquiries conducted by Reclamation's Office of Law 
Enforcement. RLEMIS is a secure system which is completely independent 
from other systems.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSES OF SUCH USES:
    The primary use of records stored in RLEMIS is for investigative/
analytical purposes. RLEMIS ensures accountability related to the 
systematic management, analysis, and reporting of information related 
to law enforcement. This provides Reclamation's Office of Law 
Enforcement with an efficient law enforcement reporting and 
intelligence system.
    RLEMIS will enable authorized Reclamation personnel to:
     Capture, integrate, and share law enforcement and related 
information from multiple sources.
     Meet reporting requirements.
     Assist with analysis and prioritization of protection 
efforts.

DISCLOSURES:
DISCLOSURES OUTSIDE THE DEPARTMENT OF THE INTERIOR MAY BE MADE WITHOUT 
THE PERMISSION OF THE SUBJECT OF THE RECORDS IF THE RECORDS WILL BE 
DISCLOSED:
    (1)(a) To any of the following entities or individuals, when the 
circumstances set forth in paragraph (b) are met:
    (i) The U.S. Department of Justice (DOJ);
    (ii) A court or an adjudicative or other administrative body;
    (iii) A party in litigation before a court or an adjudicative or 
other administrative body; or
    (iv) Any DOI employee acting in his or her individual capacity if 
DOI or DOJ has agreed to represent that employee or pay for private 
representation of the employee;
    (b) When:
    (i) One of the following is a party to the proceeding or has an 
interest in the proceeding:
    (A) DOI or any component of DOI;
    (B) Any other Federal agency appearing before the Office of 
Hearings and Appeals;
    (C) Any DOI employee acting in his or her official capacity;
    (D) Any DOI employee acting in his or her individual capacity if 
DOI or DOJ has agreed to represent that employee or pay for private 
representation of the employee;
    (E) The United States, when DOJ determines that DOI is likely to be 
affected by the proceeding; and
    (ii) DOI deems the disclosure to be:
    (A) Relevant and necessary to the proceeding; and
    (B) Compatible with the purpose for which the records were 
compiled.
    (2) To a congressional office in response to a written inquiry 
regarding an individual included in the RLEMIS database, or the heir of 
such individual if the individual is deceased.
    (3) To appropriate Federal, State, local, or foreign law 
enforcement or intelligence agencies responsible for investigating or 
prosecuting the violation of or for enforcing or implementing a 
statute, rule, regulation, order or license, when DOI becomes aware of 
a violation or potential violation of a statute, rule, regulation, 
order, or license.
    (4) To an official of another Federal agency to provide information 
needed in the performance of official duties related to reconciling or 
reconstructing data files, in support of the functions for which the 
records were collected and maintained.
    (5) To Federal, State, or local agencies that have requested 
information relevant or necessary to the hiring, firing, or retention 
of an employee, contractor, etc., or the issuance of a security 
clearance, license, contract, grant, or other benefit.
    (6) To representatives of the National Archives and Records 
Administration to conduct records management inspections under the 
authority of 44 U.S.C. 2903 and 2904.
    (7) To State and local governments and tribal organizations to 
provide information needed in response to court order and/or discovery 
purposes related to litigation.
    (8) To an expert, consultant, or contractor (including employees of 
the contractor) of DOI that performs, on DOI's behalf, services 
requiring access to these records.
    (9) To appropriate agencies, entities, and persons when:
    (a) It is determined that the security or confidentiality of 
information in the system of records has been compromised; and
    (b) DOI has determined that as a result of the suspected or 
confirmed compromise there is a risk of harm to economic or property 
interest, identity theft or fraud, or harm to the security or integrity 
of this system or other systems or programs (whether it is maintained 
by DOI or another agency or entity) that rely upon the compromised 
information; and
    (c) The disclosure is made to such agencies, entities, and persons 
who are reasonably necessary to assist in connection with DOI's efforts 
to respond to the suspected or confirmed compromise and prevent, 
minimize, or remedy such harm.
    (10) Pursuant to 5 U.S.C. 552a(b)(12), records can be disclosed to 
consumer reporting agencies as they are defined in the Fair Credit 
Reporting Act.

RELEASE OF INFORMATION:
    (a) The release of information under the above circumstances should 
only occur when it will not:
    (i) Interfere with ongoing law enforcement proceedings;
    (ii) Risk the health or safety of an individual; or
    (iii) Reveal the identity of an informant or witness that has 
received an explicit assurance of confidentiality from the U.S. 
Government.
    (b) Social Security Numbers should not be released under these 
circumstances unless the Social Security Number belongs to the 
individual requester.

[[Page 62316]]

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, 
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
    Records may be stored both in folders in paper form and in computer 
systems in electronic form. The main storage for the system will be 
electronic records contained in the RLEMIS database. The records stored 
in RLEMIS are maintained on a stand alone server that is provided with 
physical security and are not retrievable without a username and 
password. Paper records are stored in locked cabinets in a room 
requiring both proximity card and pass-code access. After hours, the 
storage space is locked and alarmed. Law enforcement response is 
available for both the storage space and server.

RETRIEVABILITY:
    Records are retrievable by name, personal identifiers (date of 
birth, Social Security Number, address, etc.), organization information 
(name and address), vehicle type and license, incident type and 
location, case agent, incident/investigation status (open, closed, 
etc.), date, and foreign visitor trip information (date, citizenship, 
location, etc.).

SAFEGUARDS:
    Records are maintained with safeguards meeting the requirements of 
43 CFR 2.51 for manual and computerized records. The records are 
accessible to Reclamation personnel on a need-to-know basis and to 
those whose official duties require such access. Disclosure of 
information through remote terminals is restricted through the use of 
passwords and username combinations, and sign-on protocols, which are 
periodically changed. The related Privacy Impact Assessment has been 
completed on RLEMIS. The Information Security Plan establishes access 
controls and safeguarded measures to protect the information of 
individuals. All individuals using the database are required to log off 
the password protected file server and computers at the end of each 
day. Manual and electronic records are maintained in conformity with 
Office of Management and Budget and Departmental Guidelines reflecting 
the implementation of the Federal Information Security Management Act.

RETENTION AND DISPOSAL:
    Records are retained and disposed of according to various law 
enforcement and security legislation and 28 CFR part 23.

SYSTEM MANAGER(S) AND ADDRESS:
    Steven J. Jackson, Threat Manager, Office of Law Enforcement (84-
42000), Bureau of Reclamation, P.O. Box 25007, Denver, Colorado 80225-
0007.

RECORD SOURCE CATEGORIES:
    Incident information is obtained from subjects, complainants, 
witnesses, official respondents, and investigating officials.

EXEMPTIONS CLAIMED FOR THE SYSTEM:
    Under the general exemption authority provided by 5 U.S.C. 
552a(j)(2), the DOI has adopted a regulation, 43 CFR 2.79(a), which 
exempts this system of records from the provisions of 5 U.S.C. 552a. 
The records and reports contained in RLEMIS are exempted, pursuant to 5 
U.S.C. 552a(j)(2), from Privacy Act subsections (c)(3) and (c)(4); (d); 
(e)(1) through (e)(3), (e)(4)(G) through (e)(4)(I), (e)(5), (e)(8); 
(f); and (g). This system of records is also exempt from the portions 
of the regulations in 43 CFR part 2, subpart G, which implement the 
above 5 U.S.C. 552a subsections.
    Reasons for exemptions: Reclamation's RLEMIS systems of records are 
exempted from the above provisions of the Privacy Act for the following 
reasons:
    (1) 5 U.S.C. 552a(c)(3). This section requires an agency to make 
the accounting of each disclosure of records available to the 
individual named in the record upon request. Release of accounting of 
disclosures would alert the subjects of an investigation to the 
existence of the investigation and the fact that they are subjects of 
the investigation. The release of such information to the subjects of 
an investigation would provide them with significant information 
concerning the nature of the investigation, and could seriously impede 
or compromise the investigation, endanger the physical safety of 
confidential sources, witnesses and their families, and lead to the 
improper influencing of witnesses, the destruction of evidence, or the 
fabrication of testimony.
    (2) 5 U.S.C. 552a(c)(4); (d); (e)(4)(G) and (e)(4)(H); (f); and 
(g). Granting access to records in RLEMIS could inform the subject of 
an investigation of an actual or potential criminal violation of the 
existence of that investigation, of the nature and scope of the 
information and evidence obtained, of the identity of confidential 
sources, witnesses, and law enforcement personnel, and could provide 
information to enable the subject to avoid detection or apprehension. 
Granting access to such information could seriously impede or 
compromise an investigation; endanger the physical safety of 
confidential sources, witnesses, and law enforcement personnel, as well 
as their families; lead to the improper influencing of witnesses, the 
destruction of evidence, or the fabrication of testimony; and disclose 
investigative techniques and procedures. In addition, granting access 
to such information could disclose classified, security-sensitive, or 
confidential information and could constitute an unwarranted invasion 
of the personal privacy of others.
    (3) 5 U.S.C. 552a(e)(1). The application of this provision could 
impair investigations and law enforcement, because it is not always 
possible to determine the relevance or necessity of specific 
information in the early stages of an investigation. Relevance and 
necessity are often questions of judgment and timing, and it is only 
after the information is evaluated that the relevance and necessity of 
such information can be established. In addition, during the course of 
the investigation, the investigator may obtain information which is 
incidental to the main purpose of the investigation but which may 
relate to matters under the investigative jurisdiction of another 
agency. Such information cannot readily be segregated. Furthermore, 
during the course of the investigation, an investigator may obtain 
information concerning the violation of laws outside the scope of the 
investigator's jurisdiction. In the interest of effective law 
enforcement, Reclamation investigators should retain this information, 
since it can aid in establishing patterns of criminal activity and can 
provide valuable leads for other law enforcement agencies.
    (4) 5 U.S.C. 552a(e)(2). The application of this provision could 
impair investigations and law enforcement by alerting the subject of an 
investigation of the existence of the investigation, enabling the 
subject to avoid detection or apprehension, to influence witnesses 
improperly, to destroy evidence, or to fabricate testimony. In 
addition, in certain circumstances, the subject of an investigation 
cannot be required to provide information to investigators, and 
information must be collected from other sources. Furthermore, it is 
often necessary to collect information from sources other than the 
subject of the investigation to verify the accuracy of the evidence 
collected.
    (5) 5 U.S.C. 552a(e)(3). This section requires an agency to inform 
each person whom it asks to supply information, on a form that can be

[[Page 62317]]

retained by the person, of the authority which the information is 
sought and whether disclosure is mandatory or voluntary; of the 
principal purposes for which the information is intended to be used; of 
the routine uses which may be made of the information; and the effects 
on the person, if any, of not providing all or any part of the 
requested information. The application of this provision could provide 
the subject of an investigation with substantial information about the 
nature of that investigation, which could interfere with the 
investigation. Moreover, providing such information to the subject of 
an investigation could seriously impede or compromise an undercover 
investigation by revealing its existence and could endanger the 
physical safety of confidential sources, witnesses, and investigators 
by revealing their identities.
    (6) 5 U.S.C. 552a(e)(4)(I). The application of this section could 
disclose investigative techniques and procedures and cause sources to 
refrain from giving such information because of fear of reprisal, or 
fear of breach of promise(s) of anonymity and confidentiality. This 
could compromise Reclamation's ability to conduct investigations and to 
identify, detect and apprehend violators.
    (7) 5 U.S.C. 552a(e)(5). This section requires an agency to 
maintain its records with such accuracy, relevance, timeliness, and 
completeness as is reasonably necessary to assure fairness to the 
individual in making any determination about the individual. In 
collecting information for criminal law enforcement purposes, it is not 
possible to determine in advance what information is accurate, 
relevant, timely, and complete. Material that may seem unrelated, 
irrelevant, or incomplete when collected may take on added meaning or 
significance as the investigation progresses. The restrictions of this 
provision could interfere with the preparation of a complete 
investigative report, thereby impeding effective law enforcement.
    (8) 5 U.S.C. 552a(e)(8). This section requires an agency to make 
reasonable efforts to serve notice on an individual when any record on 
the individual is made available to any person under compulsory legal 
process when that process becomes a matter of public record. Complying 
with this provision could prematurely reveal an ongoing criminal 
investigation to the subject of the investigation.

 [FR Doc. E8-24836 Filed 10-17-08; 8:45 am]
BILLING CODE 4310-MN-P