Privacy Act of 1974; Department of Homeland Security Federal Emergency Management Agency-012 Suspicious Activity Reporting System of Records, 40124-40126 [2014-16112]

Agencies

• DEPARTMENT OF HOMELAND SECURITY
• Office of the Secretary

[Federal Register Volume 79, Number 133 (Friday, July 11, 2014)]
[Notices]
[Pages 40124-40126]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-16112]


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DEPARTMENT OF HOMELAND SECURITY

Office of the Secretary

[Docket No. DHS-2014-0035]


Privacy Act of 1974; Department of Homeland Security Federal 
Emergency Management Agency--012 Suspicious Activity Reporting System 
of Records

AGENCY: Privacy Office, Department of Homeland Security.

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 proposes to update and reissue a current system of 
records titled, ``Department of Homeland Security/Federal Emergency 
Management Agency--012 Suspicious Activity Reporting System of 
Records.'' This system of records allows the Department of Homeland 
Security/Federal Emergency Management Agency to collect and maintain 
records on individuals who report suspicious activities, individuals 
reported as being involved in suspicious activities, and individuals 
charged with the analysis and appropriate handling of suspicious 
activity reports. As a result of the biennial review, the Federal 
Emergency Management Agency has made non-substantive changes to 
simplify the formatting and text of the previously published notice. 
This updated system will be included in the Department of Homeland 
Security's inventory of record systems.

DATES: Submit comments on or before August 11, 2014. This updated 
system will be effective August 11, 2014.

ADDRESSES: You may submit comments, identified by docket number DHS-
2014-0035 by one of the following methods:
     Federal e-Rulemaking Portal: https://www.regulations.gov. 
Follow the instructions for submitting comments.
     Fax: 202-343-4010.
     Mail: Karen L. Neuman, Chief Privacy Officer, Privacy 
Office, Department of Homeland Security, 245 Murray Drive SW., Building 
410, STOP-0655, 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 to 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 please contact: 
Eric M. Leckey, (202) 212-5100, Privacy Officer, Federal Emergency 
Management Agency, Department of Homeland Security, Washington, DC 
20478. For privacy questions please contact: Karen Neuman (202) 343-
1717, Chief Privacy Officer, Privacy Office, Department of Homeland 
Security, 245 Murray Drive SW., Building 410, STOP-0655, Washington, DC 
20528.

SUPPLEMENTARY INFORMATION: 

I. Background

    In accordance with the Privacy Act of 1974, 5 U.S.C. 552a, the 
Department of Homeland Security (DHS) Federal Emergency Management 
Agency (FEMA) proposes to update and reissue a current DHS/FEMA system 
of records titled, ``DHS/FEMA--012 Suspicious Activity Reporting System 
of Records.''
    FEMA's mission is to ``support our citizens and first responders to 
ensure that as a nation we work together to build, sustain, and improve 
our capability to prepare for, protect against, respond to, recover 
from, and mitigate all hazards.'' FEMA collects, maintains, and 
retrieves records of individuals who report suspicious activities, 
individuals reported as being involved in suspicious activities, and 
individuals charged with the analysis and appropriate handling of 
suspicious activity reports. FEMA's Office of the Chief Security 
Officer (OCSO), Fraud and Investigations Unit manages this process. 
FEMA Suspicious Activity Reports (SAR) are secured in a room monitored 
by FEMA OCSO special agents and analysts to reduce any risk of 
unauthorized access.
    FEMA SARs may be shared with federal, state, local, and tribal 
jurisdictions that have the responsibility of investigating suspicious 
activities within their jurisdictions. FEMA SARs that do not have a 
nexus to terrorism or hazards to homeland security, (as determined by 
FEMA OCSO special agents or analysts) are forwarded to the appropriate 
jurisdiction (such as sheriff offices, county/city police, and state 
police). FEMA SARs that have a nexus to terrorism or hazards to 
homeland security, (as determined by FEMA OCSO special agents or 
analysts), are shared with the Federal Bureau of Investigation (FBI) 
Joint Terrorism Task Force (JTTF), Federal Protective Service, and/or 
other federal agencies that are required to investigate and respond to 
terrorist threats or hazards to homeland security.
    As a result of the biennial review, FEMA has made non-substantive 
changes to simplify the formatting and text of the previously published 
notice. FEMA's SAR process is authorized and governed by 44 CFR Chapter 
2 ``Delegation of Authority;'' 42 U.S.C. 5196(d); Executive Order No. 
12333 and 13388; 40 U.S.C. 1315(b)(2)(F); 6 U.S.C. 314 of the Homeland 
Security Act of 2002, as amended; the Intelligence Reform and Terrorism 
Prevention Act of 2004, as amended; the National Security Act of 1947, 
as amended; and FEMA Manual 1010-1 ``Federal Emergency Management 
Agency Missions and Functions.''
    Consistent with DHS's information sharing mission, information 
stored in the DHS/FEMA-012 Suspicious Activity Reporting System of 
Records may be shared with other DHS components that have a need to 
know the information to carry out their national security, law 
enforcement, immigration, intelligence, or other homeland security 
functions. In addition, information may be shared with appropriate 
federal, state, local, tribal, territorial, foreign, or international 
government agencies consistent with the routine uses set forth in this 
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 practice principles in a 
statutory framework governing the means by which the U.S. 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 from 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 U.S. citizens and lawful 
permanent residents. As a matter of policy, DHS extends administrative 
Privacy Act protections to all individuals when systems of records 
maintain information on U.S. citizens, lawful permanent residents, and 
visitors.
    Below is the description of the DHS/FEMA-12 Suspicious Activity 
Reporting System of Records.

[[Page 40125]]

    In accordance with 5 U.S.C. 552a(r), DHS has provided a report of 
this system of records to the Office of Management and Budget and to 
Congress.
System of Records
    Department of Homeland Security (DHS)/Federal Emergency Management 
Agency (FEMA)-012

System name:
    DHS FEMA-012 Suspicious Activity Reporting.

Security classification:
    For official use only (FOUO) and law enforcement sensitive (LES).

System location:
    FEMA maintains records at FEMA Headquarters in Washington, DC, and 
in field offices.

Categories of individuals covered by the system:
    Categories of individuals includes individuals who report 
suspicious activities, individuals reported as being involved in 
suspicious activities, and individuals charged with the analysis and 
appropriate handling of suspicious activity reports.

Categories of records in the system:
     Case/incident number;
     Name (first, middle, and last);
     Address (number, street, apartment, city, and state);
     Age;
     Sex;
     Race;
     Signature (investigator, analyst, or law enforcement 
officer (LEO));
     Jurisdiction;
     Injury code (if applicable);
     Telephone numbers (home, business, or cell);
     Other contact information (e.g., email address); and
     Property information (name, quantity, serial number, brand 
name, model, value, year, make, color, identifying characteristics, 
and/or registration information).

Authority for maintenance of the system:
    44 CFR Chapter 2 ``Delegation of Authority;'' 42 U.S.C. 5196(d); 
Executive Order No. 12333 and 13388; 40 U.S.C. 1315(b)(2)(F); 6 U.S.C. 
314 of the Homeland Security Act of 2002, as amended; the Intelligence 
Reform and Terrorism Prevention Act of 2004, as amended; the National 
Security Act of 1947, as amended; and FEMA Manual 1010-1 ``Federal 
Emergency Management Agency Missions and Functions.''

Purpose(s):
    The purpose of this system is to collect, investigate, analyze, and 
report suspicious activities to the Federal Bureau of Investigations 
(FBI) Joint Terrorism Task Force (JTTF), Federal Protective Service, 
and/or other federal, state, or local agencies required to investigate 
and respond to terrorist threats or hazards to homeland security.

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 or 
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 (DOJ), including Offices of the 
U.S. Attorneys, or to another 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 or former employee of DHS in his/her official 
capacity;
    3. Any employee or former employee of DHS in his/her individual 
capacity when DOJ or DHS has agreed to represent the employee; or
    4. The U.S. or any agency thereof.
    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 (NARA) or 
General Services Administration 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. DHS has determined that as a result of the suspected or 
confirmed compromise, there is a risk of identity theft or fraud, harm 
to economic or property interests, harm to an individual, or harm to 
the security or integrity of this system or other systems or programs 
(whether maintained by DHS or another agency or entity) 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, when 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, tribal, local, international 
counterterrorism agencies when DHS becomes aware of an indication of a 
threat or potential threat to security, and when such use is to assist 
in counterterrorism efforts.
    I. To an organization or individual in either the public or private 
sector, either foreign or domestic, when there is a reason to believe 
that the recipient is or could become the target of a particular 
terrorist activity or conspiracy, to the extent the information is 
relevant to the protection of life, property, or other vital interests 
of a data subject and disclosure is proper and consistent with the 
official duties of the person making the disclosure.
    J. 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, 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

[[Page 40126]]

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:
    FEMA stores records in this system electronically or on paper in 
secure facilities in a locked drawer behind a locked door. The records 
are stored on magnetic disc, tape, and digital media.

Retrievability:
    FEMA retrieves records by case/incident number, name, address, and/
or date.

Safeguards:
    FEMA safeguareds records in this system in accordance with 
applicable rules and policies, including all applicable DHS automated 
systems security and access policies. FEMA imposes strict controls to 
minimize the risk of compromising the information that is being stored. 
FEMA limits access to the computer system containing the records 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 National Archives and Records Administration (NARA) 
Schedule Number N1-311-99-6, Items 1, 2, and 3, files containing 
information or allegations that are of an investigative nature but do 
not relate to a specific investigation are destroyed when five years 
old. Investigative case files that involve allegations made against 
senior agency officials, attract significant attention in the media, 
attract congressional attention, result in substantive changes in 
agency policies and procedures, or are cited in the Office of the 
Investigator General (OIG)'s periodic reports to Congress are cut off 
when the case is closed, retired to the Federal Records Center (FRC) 
five years after cutoff, and then transferred to NARA 20 years after 
cutoff. All other investigative case files are placed in inactive files 
when case is closed, cut off at the end of fiscal year, and destroyed 
10 years after cutoff, except those that are unusually significant for 
documenting major violations of criminal law or ethical standards by 
agency officials or others.

System Manager and address:
    Office of the Chief Security Officer, Fraud and Investigation Unit, 
1201 Maryland Avenue SW, Washington, DC 20024.

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/FEMA 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 to the Chief of the FEMA 
Disclosure Branch 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 and 
Chief Freedom of Information Act Officer, Department of Homeland 
Security, 245 Murray Drive SW., Building 410, STOP-0655, 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, https://www.dhs.gov/foia or 1-866-431-0486. In addition you should:
     Explain 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; and
     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 obtained from individuals who report suspicious 
activities, individuals reported as being involved in suspicious 
activities, and individuals charged with the analysis and appropriate 
handling of suspicious activity reports, commercially available 
systems, and also from other federal, state, and local law enforcement 
agencies.

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 5 U.S.C. 552a(c)(3); (d); (e)(1), (e)(4)(G), (e)(4)(H), 
(e)(4)(I); and (f) pursuant to 5 U.S.C. 552a (k)(2).

    Dated: June 24, 2014.
Karen L. Neuman,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. 2014-16112 Filed 7-10-14; 8:45 am]
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