Privacy Act of 1974; Department of Homeland Security General Training Records System of Records, 71656-71659 [E8-28037]

Agencies

• Office of the Secretary
• DEPARTMENT OF HOMELAND SECURITY

[Federal Register Volume 73, Number 228 (Tuesday, November 25, 2008)]
[Notices]
[Pages 71656-71659]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-28037]


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DEPARTMENT OF HOMELAND SECURITY

Office of the Secretary

[Docket No. DHS-2008-0136]


Privacy Act of 1974; Department of Homeland Security General 
Training 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 update one 
record system titled, DHS/ALL-003 Department of Homeland Security 
General Training Records. Categories of individuals, categories of 
records, routine uses, and exemptions of this system of records notice 
have been updated to better reflect the Department's updated general 
training record systems. Additionally, the Department will be issuing a 
Final Rule on the exemptions elsewhere in the Federal Register 
concurrent with the publishing of this updated System of Records 
Notice. This updated system will be included in the Department of 
Homeland Security's inventory of record systems.

DATES: Comments must be received on or before December 26, 2008.

ADDRESSES: You may submit comments, identified by docket number DHS-
2008-0136 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 personally identifiable 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

    The Department of Homeland Security (DHS) is updating and reissuing 
an agency-wide system of records under the Privacy Act (5 U.S.C. 552a) 
for DHS general training records. This system collects and maintains 
training records on current and former Departmental employees, 
contractors, and other individuals.
    In accordance with the Privacy Act of 1974, DHS is giving notice 
that it proposes to update one record system titled, DHS/ALL-003 
Department of Homeland Security General Training Records (71 FR 26767 
May 8, 2006). Categories of individuals have been updated to include 
volunteers and contractors; other participants in training programs, 
including instructors, course developers, observers, and interpreters; 
categories of records have been updated to include more extensive 
records for processing and tracking training activities; routine uses 
have been updated to allow for the sharing of information for an audit 
of the Department or it's components; to share with the supervisor of 
those individuals seeking training as it relates to the individual's 
fitness and qualifications for training and to provide training status; 
and to allow for sharing in the event the Department has a possible 
loss of personally identifiable information. Additionally, the 
Department will be

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issuing a Final Rule on the exemptions elsewhere in the Federal 
Register concurrent with the publishing of this updated System of 
Records Notice. This updated system 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 their records are put, and to assist individuals to more easily 
find such files within the agency. Below is the description of the DHS 
Mailing and Other Lists System of Records.
    In accordance with 5 U.S.C. 552a(r), DHS has provided a report of 
this updated system of records to the Office of Management and Budget 
and to Congress.
SYSTEM OF RECORDS
    DHS/All-003.

System Name:
    Department of Homeland Security General Training Records.

Security Classification:
    Unclassified.

System Location:
    Records are maintained at several Headquarters locations and in 
component offices of the Department of Homeland Security, in both 
Washington, DC and field locations.

Authority for Maintenance of the System:
    The Homeland Security Act of 2002, Pub. L. 107-296, 6 U.S.C. 121; 
Federal Records Act, 44 U.S.C. 3101; 6 CFR Part 5; 5 U.S.C. app. 3; 5 
U.S.C. 301 and Ch. 41; Executive Order 11348, as amended by Executive 
Order 12107; and Executive Order 9397 (SSN).

Categories of Individuals Covered by the System:
    Current and former employees of DHS, volunteers and contractors; 
any individual who is or has been an employee of DHS and who has 
applied for, participated in or assisted with a training program; any 
other Federal employee or private individual, including contractors and 
others, who has participated in or assisted with training programs 
recommended, sponsored or operated by the Department of Homeland 
Security; and other participants in training programs, including 
instructors, course developers, observers, and interpreters.

Categories of Records in the System:
    The system includes all records pertaining to training, including:
     Individual's name;
     Date of birth;
     Social security number;
     Address;
     Phone numbers;
     Email addresses;
     Occupation;
     Nomination forms;
     Registration forms;
     Course rosters and sign-in sheets;
     Instructor lists;
     Schedules;
     Payment records, including financial, travel and related 
expenditures;
     Examination and testing materials;
     Grades and student evaluations;
     Course and instructor critiques;
     Equipment issued to trainees and other training 
participants; and other reports pertaining to training; and
     Individuals who apply for but are not accepted for 
training.

Purpose:
    This record system will collect and document training given to DHS 
employees, contractors, and others who are provided DHS training. This 
system will provide DHS with a means to track the particular training 
that is provided, identify training trends and needs, monitor and track 
the expenditure of training and related travel funds, schedule training 
classes and programs, schedule instructors, track training items issued 
to students, assess the effectiveness of training, identify patterns, 
respond to requests for information related to the training of DHS 
personnel and other individuals, and facilitate the compilation of 
statistical information about training.

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 
Department of Homeland Security (DHS) as a routine use pursuant to 5 
U.S.C. 552a(b)(3) as follows:
    A. To the Department of Justice or other Federal agency conducting 
litigation or in proceedings before any court, adjudicative or 
administrative body, when it is necessary to the litigation and one of 
the following is a party to the litigation or has an interest in such 
litigation:
    1. DHS or any component thereof;
    2. Any employee of DHS in his/her official capacity;
    3. Any employee of DHS in his/her individual capacity where DOJ or 
DHS has agreed to represent the employee; or
    4. The United States or any agency thereof, is a party to the 
litigation or has an interest in such litigation, and DHS determines 
that the records are both relevant and necessary to the litigation and 
the use of such records is compatible with the purpose for which DHS 
collected the records.
    B. To a congressional office from the record of an individual in 
response to an inquiry from that congressional office made at the 
request of the individual to whom the record pertains.
    C. To the National Archives and Records Administration or other 
Federal government agencies pursuant to records management inspections 
being conducted under the authority of 44 U.S.C. 2904 and 2906.
    D. To 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,

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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 that rely upon the 
compromised information; and
    3. The disclosure made to such agencies, entities, and persons is 
reasonably necessary to assist in connection with DHS's efforts to 
respond to the suspected or confirmed compromise and prevent, minimize, 
or remedy such harm.
    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 a Federal, State, tribal, local or foreign government agency 
or professional licensing authority in response to its request, in 
connection with 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 or status of a license, 
grant, or other benefit by the requesting entity, to the extent that 
the information is relevant and necessary to the requesting entity's 
decision on the matter.
    I. To educational institutions or training facilities for purposes 
of enrollment and verification of employee attendance and performance.
    J. To the Equal Employment Opportunity Commission, Merit Systems 
Protection Board, Office of the Special Counsel, Federal Labor 
Relations Authority, or Office of Personnel Management or to 
arbitrators and other parties responsible for processing any personnel 
actions or conducting administrative hearings or appeals, or if needed 
in the performance of authorized duties.
    K. To the Department of Justice or a consumer reporting agency for 
further action on a delinquent debt when circumstances warrant.
    L. To employers to the extent necessary to obtain information 
pertinent to the individual's fitness and qualifications for training 
and to provide training status.
    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:
    Yes.

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:
    Data may be retrieved by the individual's name, social security 
number, or other 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 
appropriate clearances or permissions.

Retention and Disposal:
    Records are maintained and disposed in accordance with National 
Archives and Records Administration General Records Schedule, No. 1.

System Manager(s) and Address:
    For Headquarters components of the Department of Homeland Security, 
the System Manager is the Director of Departmental Disclosure, 
Department of Homeland Security, Washington, DC 20528. For components 
of the Department of Homeland Security, 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 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) will not be able 
to conduct an effective search, and your

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request may be denied due to lack of specificity or lack of compliance 
with applicable regulations.

Record Access Procedure:
    See ``Notification Procedure'' above.

Contesting Record Procedures:
    See ``Notification Procedure'' above.

Record source categories:
    Information originates within DHS and from the individual to whom 
the record pertains.

Exemptions Claimed for the System:
    The Secretary of Homeland Security has exempted certain records in 
this system on the basis of 5 U.S.C. 552a(k)(6) in order to preserve 
the objectivity and fairness of testing and examination material.

    Dated: November 18, 2008.
Hugo Teufel III,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. E8-28037 Filed 11-24-08; 8:45 am]
BILLING CODE 4410-10-P