Privacy Act of 1974; System of Records, 49407-49410 [2017-23203]

Agencies

• DEPARTMENT OF HOMELAND SECURITY

[Federal Register Volume 82, Number 205 (Wednesday, October 25, 2017)]
[Notices]
[Pages 49407-49410]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-23203]


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DEPARTMENT OF HOMELAND SECURITY

[Docket No. DHS-2017-0046]


Privacy Act of 1974; System of Records

AGENCY: Department of Homeland Security, Privacy Office.

ACTION: Notice of New 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 establish a new Department of Homeland 
Security system of records titled, ``DHS/ALL-040 DHS Personnel Recovery 
Information System of Records.'' This newly established system will be 
included in the Department of Homeland Security's inventory of record 
systems.

DATES: Submit comments on or before November 24, 2017. This new system 
will be effective upon publication. Routine uses will be effective 
November 24, 2017.

ADDRESSES: You may submit comments, identified by docket number DHS-

[[Page 49408]]

2017-0046 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: Philip S. Kaplan, Chief Privacy Officer, Privacy 
Office, Department of Homeland Security, Washington, DC 20528-0655.

FOR FURTHER INFORMATION CONTACT: For general questions, please contact: 
Philip S. Kaplan, (202) 343-1717, Chief Privacy Officer, Privacy 
Office, Department of Homeland Security, Washington, DC 20528-0655.

SUPPLEMENTARY INFORMATION: 

I. Background

    In accordance with the Privacy Act of 1974, 5 U.S.C. 552a, the 
Department of Homeland Security (DHS) proposes to establish a new DHS 
system of records titled, ``DHS/ALL-040 Personnel Recovery Information 
System of Records.''
    The DHS Personnel Recovery Programs are responsible for: Ensuring 
that DHS personnel and contractors assigned overseas or on official 
travel outside the continental United States (OCONUS) have proper 
training and equipment to fulfill their respective mission; maintaining 
a twenty-four (24) hour monitoring center for all overseas personnel 
who are traveling outside their country of assignment; executing a 
coordinated response to personnel recovery incidents; maintaining a 
notification system within DHS to provide emergency-related 
notifications as needed without jeopardizing the safety of DHS 
personnel (including federal employees and contractors); and providing 
and developing tracking and locating technology.
    DHS will use the information collected in this system of records in 
furtherance of its responsibilities to prevent, prepare for, and 
respond to circumstances in which DHS and contractor personnel have 
been abducted, detained, held hostage, declared missing, or impacted by 
a terrorist attack, natural disaster, government takeover, 
transportation accident, or are otherwise isolated from friendly 
support, pursuant to Presidential Policy Directive (PPD)-30,\1\ Hostage 
Recovery Activities, issued in 2015.
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    \1\ Presidential Policy Directive-30 directs a renewed, more 
agile United States Government response to hostage-takings of U.S. 
nationals and other specified individuals abroad. Presidential 
Policy Directive-30 supersedes and revokes NSPD-12, United States 
Citizens Taken Hostage Abroad, dated February 18, 2002, along with 
Annex 1 and Appendix A to NSPD-12, dated December 4, 2008, and is 
available at https://www.whitehouse.gov/the-press-office/2015/06/24/presidential-policy-directive-hostage-recovery-activities.
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    Presidential Policy Directive-30 directs each department and agency 
with overseas responsibilities to, among other things, provide 
personnel recovery preparation, education, and training programs to 
enable personnel recovery from a threat environment.
    This system of records is being established to document the types 
of personal information collected on individuals, and to ensure that 
such information is appropriately shared to enable the recovery of DHS 
personnel (including federal employees and contractors) assigned 
overseas or on official travel abroad in the event they are isolated 
from friendly support. The Personnel Recovery Information System will 
be used to facilitate collaboration with the Department of State (DOS) 
and other federal agencies. The information will be maintained in DHS 
systems that serve as data repositories of personnel data.
    Information covered by the Personnel Recovery Information System of 
Records is only used for personnel recovery purposes, and is only 
shared outside DHS to further its personnel recovery objectives with 
permission from DHS personnel.
    Consistent with DHS's information sharing mission, information 
stored in the DHS/ALL-040 Personnel Recovery Information System 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, DHS may share information 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 newly established system will be included in DHS's inventory 
of record systems.

II. Privacy Act

    The Privacy Act embodies fair information practice principles 
(FIPP) in a statutory framework governing the means by which Federal 
Government agencies collect, maintain, use, and disseminate 
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. Additionally, 
and similarly, the Judicial Redress Act (JRA) provides a statutory 
right to covered persons to make requests for access and amendment to 
covered records, as defined by the JRA, along with judicial review for 
denials of such requests. In addition, the JRA prohibits disclosures of 
covered records, except as otherwise permitted by the Privacy Act.
    Below is the description of the DHS/ALL-040 Personnel Recovery 
Information System of Records.
    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 NAME AND NUMBER:
    Department of Homeland Security (DHS)/ALL-040 Personnel Recovery 
Information.

SECURITY CLASSIFICATION:
    Unclassified, Sensitive, For Official Use Only, Law enforcement-
Sensitive.

SYSTEM LOCATION:
    Records are maintained at the DHS Headquarters in Washington, DC, 
component headquarters and field offices, and as component-specific 
systems. Electronic/Information Technology (IT) records are maintained 
within DHS systems that serve as data repositories of personnel data.

SYSTEM MANAGER(S):
    For DHS Headquarters components, the System Manager is the Deputy 
Chief Freedom of Information Act (FOIA) Officer, 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.''

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    Authority for maintaining this system is in 6 U.S.C. 236; 8 U.S.C. 
1103; 22 U.S.C. secs. 4801, 4802, and 4805; and Presidential Policy 
Directive (PPD)-30, Hostage Recovery Activities.

PURPOSE(S) OF THE SYSTEM:
    The purpose of this system is to permit DHS's collection, use, 
maintenance, dissemination, and storage of information to: Facilitate 
identification of DHS personnel (including employees and contractors) 
assigned overseas or on official travel abroad for whom DHS has the 
responsibility to recover or account; maintain situational awareness of 
the location of DHS personnel; and coordinate support services for 
personnel who have been abducted,

[[Page 49409]]

detained, held hostage, declared missing, impacted by a terrorist 
attack, natural disaster, government takeover, aircraft/motor vehicle 
accident, or are otherwise isolated from friendly support.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    DHS personnel (including federal employees and contractors) and 
non-DHS Federal employees who are members of DHS-led task forces 
assigned overseas or on official travel outside the United States. 
Information will also be collected from family members, domestic 
partners, and emergency contacts of personnel assigned overseas or on 
official travel outside the United States.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Mandatory fields include the following:
     Full Name;
     Alias(es);
     Business title/position title;
     Gender;
     Biometric (i.e., fingerprint data and facial photographic 
data) and other information (i.e., race, ethnicity, weight, height, eye 
color, hair color) collected to conduct background checks;
     Foreign Travel Itinerary;
     Foreign Language and Fluency Level;
     Personnel Recovery Training and Year Received;
     Other Pertinent Training;
     Prior Military/Branch;
     Assignment Reason Narrative;
     Assignment Location;
     Work Email Address;
     Security clearance information;
     Business Cellular International Mobile Station Equipment 
Identity (IMEI);
     Business Phone Number;
     Passport numbers and other travel documents (official or 
diplomatic, and personal), including expiration date;
     Citizenship;
     Emergency contact information (at post and at home);
     Identity verification or security questions and responses;
     Supervisor contact information; and
     Emergency contact information.
    Optional fields include the following:
     Blood Type;
     Scars;
     Tattoos;
     Disfigurement;
     Medical Conditions;
     Allergies;
     Medication;
     Personal Cellular Phone Number;
     Personal Cellular IMEI;
     Other Electronic Device Type;
     Other Electronic Device IMEI;
     Personal Email Address #1;
     Personal Email Address #2;
     Regional Security Officer (RSO) Name;
     RSO Direct Phone;
     RSO Cell Phone;
     Marine Post One Phone;
     Regional Embassy/Consulate;
     Tracking Device IMEI;
     Personnel Recovery Equipment;
     Cellular--World;
     Cellular--World IMEI;
     Cellular--Local;
     Cellular--Local IMEI;
     Religious preference;
     Sizing information (e.g., shirt size, pant size, hat size, 
shoe size);
     Vehicle information;
     Real-time location information;
     Kit issuance; and
     Information about family members and domestic partners of 
personnel assigned OCONUS (name, passport numbers and issuing country, 
contact information, date of birth, work location, school name and 
location, medical conditions, and photographs).

RECORD SOURCE CATEGORIES:
    Records are obtained from DHS personnel (including federal 
employees and contractors).

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND 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 other federal agency conducting litigation or in 
proceedings before any court, adjudicative, or administrative body, 
when it is relevant or 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 United States 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 or organization 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 determines that information from this system of records is 
reasonably necessary and otherwise compatible with the purpose of 
collection to assist another federal recipient agency or entity in (1) 
responding to a suspected or confirmed breach or (2) preventing, 
minimizing, or remedying the risk of harm to individuals, the recipient 
agency or entity (including its information systems, programs, and 
operations), the Federal Government, or national security, resulting 
from a suspected or confirmed breach; or
    2. DHS suspects or has confirmed that there has been a breach of 
this system of records; and (a) DHS has determined that as a result of 
the suspected or confirmed breach, there is a risk of harm to 
individuals, harm to DHS (including its information systems, programs, 
and operations), the Federal Government, or national security; and (b) 
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 breach or to 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 the Department of State (DOS) when necessary to coordinate 
U.S. Embassy or Consulate support services for the employee.
    H. To federal, state, and local governmental agencies or executive 
offices, and foreign governments, when disclosure is appropriate for 
proper planning or coordination of personnel recovery efforts or 
assistance, as described in PPD-30.
    I. To family members when the subject of the record is unable or 
unavailable to sign a waiver and is

[[Page 49410]]

involved in an emergency situation, and the release is for the benefit 
of the subject.
    J. To members of Congress when the information is requested on 
behalf of a family member of the individual to whom access is 
authorized under routine use I.
    K. 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 when disclosure is necessary to demonstrate the accountability of 
DHS's officers, employees, or individuals covered by the system, except 
to the extent the Chief Privacy Officer determines that release of the 
specific information in the context of a particular case would 
constitute a clearly unwarranted invasion of personal privacy.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    DHS stores records in this system electronically or on paper in 
secure facilities at the DHS Headquarters in Washington, DC, as well as 
component headquarters and field offices, in a locked drawer behind a 
locked door. The records may be stored on magnetic disc, tape, and 
digital media.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    Records may be retrieved by an individual's name, biometric 
information, employee ID number, and telephone number.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    For information used to account for personnel and maintain 
communication during emergencies, office dismissal, and closure 
situations, the Personnel Recovery Information system of records will 
retain records until superseded or obsolete, or upon separation or 
transfer of the employee, in accordance with NARA General Records 
Schedule 5.3, Item 20.
    For all other information in this system of records, the 
information will be maintained in accordance with NARA General Records 
Schedule 5.2, Item 10. This information is also retained until 
superseded or obsolete, or upon separation or transfer of the employee.

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    DHS safeguards records in this system according to applicable rules 
and policies, including all applicable DHS automated systems security 
and access policies. DHS has imposed strict controls 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.

RECORD ACCESS PROCEDURES:
    Individuals seeking access to and notification of any record 
contained in this system of records, or seeking to contest its content, 
may submit a request in writing to the Chief Privacy Officer and 
Headquarters or component's Freedom of Information Act (FOIA) Officer, 
whose contact information can be found at https://www.dhs.gov/foia under 
``Contacts Information.'' 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, Washington, DC 20528-0655. Even if neither the Privacy Act 
nor the Judicial Redress Act provide a right of access, certain records 
about you may be available under the Freedom of Information Act.
    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 the above 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.

CONTESTING RECORD PROCEDURES:
    For records covered by the Privacy Act or covered JRA records, see 
``Record Access Procedures'' above.

NOTIFICATION PROCEDURES:
    See ``Record Access Procedures.''

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    None.

HISTORY:
    DHS/ALL-040 is a new system of records and DHS has not published 
any prior notices that apply to the records.

Philip S. Kaplan,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. 2017-23203 Filed 10-24-17; 8:45 am]
 BILLING CODE 9110-9B-P