Privacy Act of 1974; System of Records., 65705-65707 [2018-27606]

Agencies

• DEPARTMENT OF HOMELAND SECURITY

[Federal Register Volume 83, Number 245 (Friday, December 21, 2018)]
[Notices]
[Pages 65705-65707]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-27606]


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

DEPARTMENT OF HOMELAND SECURITY

[Docket No. DHS-2018-0067]


Privacy Act of 1974; System of Records.

AGENCY: Department of Homeland Security.

ACTION: Notice of a modified system of records.

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

SUMMARY: In accordance with the Privacy Act of 1974, the Department of 
Homeland Security (DHS) proposes to modify a current DHS system of 
records titled ``DHS/ALL-007 Accounts Payable System of Records.'' This 
system of records allows DHS to collect and maintain payment records. 
DHS is updating this system of records notice (SORN) to change the 
system location and clarify the authorities for which the records are 
collected. DHS is also expanding the categories of records collected by 
including invoices, receipts, and bank account numbers. DHS is 
modifying routine use E and adding routine use F to this SORN to comply 
with Office of Management and Budget (OMB) Memorandum M-17-12. Routine 
use L is also being modified to account for sharing payment information 
with the Department of Treasury to determine an individual's 
eligibility to receive federal payments. Additionally, this notice 
includes non-substantive changes to simplify the formatting and text of 
the previously published notice.

DATES: Submit comments on or before January 22, 2019. This modified 
system will be effective upon publication. New or modified routine uses 
will be effective January 22, 2019.

ADDRESSES: You may submit comments, identified by docket number DHS-
2018-0067 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.
    Instructions: All submissions received must include the agency name 
and docket number DHS-2018-0067. 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 and for privacy 
issues, please contact: Philip S. Kaplan, Privacy@hq.dhs.gov, (202) 
343-1717, Chief Privacy Officer, Privacy Office, Department of Homeland 
Security, Washington, DC 20528-0655.

SUPPLEMENTARY INFORMATION: 

I. Background

    DHS is modifying and reissuing DHS/ALL-007 Accounts Payable SORN. 
DHS uses records covered by this SORN to meet its obligation to manage 
Departmental funds and ensure that DHS pays its creditors, including 
DHS employees for travel related reimbursements, and ensures that DHS 
has an accurate accounting of money it owes. DHS is updating this SORN 
to provide notice that the location of financial management activities 
for all DHS Components will be housed at DHS facilities and on DHS 
information systems, instead of the Department of Interior as was 
stated in the previous SORN. DHS is also clarifying its authorities to 
collect accounts payable information.
    The Department is expanding the categories of records contained in 
this SORN to include bank account information, invoices, and receipts, 
to more accurately reflect the financial records needed by DHS to 
verify monies owed and track payments to individuals. Further, routine 
use E is being modified and routine use F is being added to be in 
conformity with OMB Memorandum M-17-12. Routine Use L is being modified 
to incorporate information sharing with the Department of Treasury's 
``Do Not Pay'' program, which determines federal eligibility for 
dispersment of payments by checking death records, federal debt 
records, and lists of sanctioned individuals. Additionally, this notice 
includes non-substantive changes to simplify the formatting and text of 
the previously published notice.
    This system of records does not include information to enable 
travel service providers under contract to the Federal Government to 
authorize, issue, or account for travel and travel reimbursements 
provided to individuals on official Federal Government business, which 
are covered under GSA/GOVT-4 Contracted Travel Services Program, 74 FR 
26700 (June 3, 2009), and GSA/GOVT-4 Contracted Travel Services 
Program, 74 FR 28048 (June 12, 2009).
    Consistent with DHS's information sharing mission, information 
stored in the DHS/ALL-007 Accounts Payable 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, DHS may share information with appropriate federal, state, 
local, tribal, territorial, foreign, and international government 
agencies, members of the public, and other entities 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 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, the Judicial Redress Act (JRA) 
provides covered persons with a statutory right 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 a description of the DHS/ALL-007 Accounts Payable System 
of Records. In accordance with 5 U.S.C. 552a(r), DHS has provided a 
report of this revised system of records to the Office of Management 
and Budget and to Congress.
SYSTEM NAME AND NUMBER
    Department of Homeland Security (DHS)/ALL-007 Accounts Payable.

SECURITY CLASSIFICATION:
    Unclassified.

[[Page 65706]]

SYSTEM LOCATION:
    Records are maintained at several Headquarters locations and in 
Component offices of DHS, in both Washington, DC and field offices.

SYSTEM MANAGER(S):
    The Chief Financial Officer, Financial Management Division, ocfo-fmd@hq.dhs.gov, Department of Homeland Security, Washington, DC 20528.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    5 U.S.C. 5701 et seq., Travel, Transportation, and Subsistence; 44 
U.S.C. 3101; 19 U.S.C. 1451; 31 U.S.C. 7701(c); the Chief Financial 
Officers Act of 1990, Public Law 101-576; Digital Accountability and 
Transparency Act (DATA Act) of 2014, Public Law 113-101, sec. 5; Debt 
Collection Improvement Act of 1996, Public Law 104-134; and 6 CFR part 
11, subpart A--Debt Collection.

PURPOSE(S) OF THE SYSTEM:
    The purpose of this system is to collect and maintain information 
from individuals in connection with reimbursable services provided to 
DHS to ensure the Department properly pays these individuals. This 
system will allow DHS to maintain payment records and record monies 
owed.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Categories of individuals include any individual or organization 
that serves as a creditor to DHS, including parties in interest for 
which reimbursable services are performed and employees for travel 
related reimbursements.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Categories of records in this system includes:
     Individual's name;
     Date of birth;
     Employee identification number;
     Tax identification number, which may be a Social Security 
number in certain instances;
     Addresses and other general contact information, such as 
phone numbers, facsimile numbers, or email addresses;
     Importer of record number;
     Records of expenses (bills, refund checks, receipts, out-
of-pocket travel expenses);
     Records of payments;
     Disbursement schedules;
     Bank account information;
     Invoices
     Monies owed; and
     Electronic financial institution data.

RECORD SOURCE CATEGORIES:
    Records are obtained from DHS, its Components and offices, and 
individuals submitting supporting documentation for reimbursement.

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 
United States 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 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 
suspects or has confirmed that there has been a breach of the system of 
records; (2) DHS has determined that as a result of the suspected or 
confirmed breach there is a risk of harm to individuals, DHS (including 
its information systems, programs, and operations), the Federal 
Government, or national security; 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 
breach or to prevent, minimize, or remedy such harm.
    F. To another Federal agency or Federal entity, when DHS determines 
that information from this system of records is reasonably necessary to 
assist the 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.
    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 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.
    I. To unions recognized as exclusive bargaining representatives 
under the Civil Service Reform Act of 1978, 5 U.S.C. 7111 and 7114.
    J. To the Merit Systems Protection Board, arbitrators, the Federal 
Labors Relations Authority, Equal Employment Opportunity Commission, 
and other parties responsible for the administration of the Federal 
Labor-Management Program for the purpose of processing any corrective 
actions, grievances, or conducting administrative hearings or appeals, 
or if needed in the performance of other similar authorized duties.
    K. To federal agencies that provide financial management services 
for DHS Components under a cross-servicing agreement for purposes such 
as budgeting, purchasing, procurement, reimbursement, reporting, and 
collection functions.
    L. To the Department of the Treasury to verify eligibility for 
payment and to effect disbursement of authorized payments.
    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

[[Page 65707]]

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 an 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 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, tax 
identification number/Social Security number, employee identification 
number, or other personal identifier referenced in the categories of 
records in the system.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    DHS destroys records six years after final payment or cancellation, 
or longer if required for a business use, in accordance with National 
Archives and Records Administration (NARA) General Records Schedule 
1.1, Financial Management and Reporting Records, item 010, and DAA-GRS-
2013-0003-0001.

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 
``Contact 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 an individual is seeking records about himself or herself from 
this system of records or any other Departmental system of records, the 
individual's request must conform with the Privacy Act regulations set 
forth in 6 CFR part 5. The individual must first verify his or her 
identity, meaning that the individual must provide his or her full 
name, current address, and date and place of birth. The individual must 
sign the request, and the individual's 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, an individual 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, the individual should:
     Explain why he or she believes the Department would have 
information on him or her;
     Identify which Component(s) of the Department the 
individual believes may have the information about him or her;
     Specify when the individual believes 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 an individual's request is seeking records pertaining to another 
living individual, the person seeking the records must include a 
statement from the subject individual certifying his or her agreement 
for the requestor to access his or her records.
    Without the above information, the Component(s) may not be able to 
conduct an effective search, and the individual's 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, 
individuals may make a request for amendment or correction of a record 
of the Department about the individual by writing directly to the 
Department component that maintains the record, unless the record is 
not subject to amendment or correction. The request should identify 
each particular record in question, state the amendment or correction 
desired, and state why the individual believes that the record is not 
accurate, relevant, timely, or complete. The individual may submit any 
documentation that would be helpful. If the individual believes that 
the same record is in more than one system of records, the request 
should state that and be addressed to each component that maintains a 
system of records containing the record.

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

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    None.

HISTORY:
    80 FR 58289 (September 28, 2015); 73 FR 61885 (October 17, 2008).

Philip S. Kaplan,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. 2018-27606 Filed 12-20-18; 8:45 am]
 BILLING CODE 9110-9B-P