Privacy Act of 1974; Department of Homeland Security Asset Management Records System of Records, 63181-63184 [E8-25207]

Agencies

• Office of the Secretary
• DEPARTMENT OF HOMELAND SECURITY

[Federal Register Volume 73, Number 206 (Thursday, October 23, 2008)]
[Notices]
[Pages 63181-63184]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-25207]


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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

AGENCY: Privacy Office; DHS.

ACTION: Notice of Privacy Act system of records.

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SUMMARY: In accordance with the Privacy Act of 1974, 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 (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 
Department-owned 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: https://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 https://
www.regulations.gov, including any personal information provided.
     Docket: For access to the docket to read background 
documents or comments received, go to https://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

[[Page 63182]]

systems of records notices for the collection and maintenance of 
records that concern asset management with regards to any employee or 
contractor who has been assigned DHS property.
    As part of its efforts to streamline and consolidate its records 
systems, DHS is establishing a consolidated system of records under the 
Privacy Act (5 U.S.C. 552a) for the DHS asset management records. This 
will ensure that all components of DHS follow the same privacy rules 
for collecting and handling asset management records. The collection 
and maintenance of asset management information assists DHS in meeting 
its obligation to manage Departmental assets assigned to employees, 
such as computers, telephones, or other assets.
    In accordance with the Privacy Act of 1974, DHS is giving notice 
that it proposes to consolidate four legacy record systems: Justice/
INS-004 The Asset Management Information System (AMIS) (67 FR 64136 
October 17, 2002), FEMA/ADM-2 Office Services File System (55 FR 37182 
September 7, 1990), Treasury/CS.044 Certificates of Clearance (66 FR 
52984 October 18, 2001), and Treasury/CS.201 Property File Non-
Expendable (66 FR 52984 October 18, 2001) into one DHS-wide system of 
records. DHS also proposes to partially consolidate one legacy record 
system: Treasury/USSS.001 Administrative Information System (66 FR 
45362 August 28, 2001) into this DHS-wide system of records. This 
system will allow DHS collect and maintain records of all Department-
owned 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 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 record keeping 
practices transparent, to notify individuals regarding the uses to 
which of their records, and to assist individuals to more easily find 
such files within the agency. Below is the description of the Asset 
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-010.

System name:
    Department of Homeland Security Asset Management Records.

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 all 
current and former DHS employees, and contractors assigned government-
owned assets.

Categories of records in the system:
    Categories of records maintained in this system include:
     Individual's name;
     Social security number;
     E-mail address;
     Office name;
     Office location;
     Office telephone number;
     Property management records, which include information on 
government-owned property (e.g. laptop computers, communication 
equipment, firearms, and other assets) in the personal custody of the 
individuals covered by this system and used in the performance of their 
official duties, as well as outstanding debts related to said property.

Authority for maintenance of the system:
    5 U.S.C. 301; The Federal Records Act, 44 U.S.C. 3101; 40 U.S.C. 
121; 41 CFR Chapter 101; and Executive Order 9373.

Purpose(s):
    The purpose of this system is to track all DHS-owned or controlled 
property that has been issued to current and former DHS employees and 
contractors.

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 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

[[Page 63183]]

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 unions recognized as exclusive bargaining representatives 
under the Civil Service Reform Act of 1978, as amended, 5 U.S.C. 7111 
and 7114.
    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 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, personnel number, and/or other 
unique personal identifier.

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 
the appropriate clearances or permissions.

Retention and disposal:
    Records are destroyed in accordance with the following: National 
Archives Records Administration General Record Schedule 10, Motor 
Vehicle and Aircraft Maintenance and Operations Records, Items 2a 
(destroy when three months old) and 5 (destroy six years after case is 
closed); General Record Schedule 8, Stores, Plant, and Cost Accounting 
Records, Item 5 (destroy when three years old), and General Records 
Schedule 23 (destroy two-five years), Records Common to Most Offices 
within Agencies.

System Manager and address:
    For Headquarters 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 https://www.dhs.gov/foia under ``contacts.''

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 https://
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, https://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:
    Records are generated from property purchase orders and receipts; 
acquisition, transfer and disposal data; employee locator 
documentation, or otherwise from the record subject.

[[Page 63184]]

Exemptions claimed for the system:
    None.

    Dated: October 15, 2008.
Hugo Teufel III,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. E8-25207 Filed 10-22-08; 8:45 am]
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