Privacy Act of 1974; System of Records, 64523-64527 [2020-22533]

Agencies

• DEPARTMENT OF HOMELAND SECURITY

[Federal Register Volume 85, Number 198 (Tuesday, October 13, 2020)]
[Notices]
[Pages 64523-64527]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-22533]


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DEPARTMENT OF HOMELAND SECURITY

[Docket No. DHS-2020-0029]


Privacy Act of 1974; System of Records

AGENCY: United States Secret Service, Department of Homeland Security.

ACTION: Notice of a Modified System of Records.

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SUMMARY: In accordance with the Privacy Act of 1974, the Department of 
Homeland Security (DHS) proposes to modify and reissue a current DHS 
system of records titled, ``Department of Homeland Security/United 
States Secret Service-001 Criminal Investigation Information System of 
Records.'' This system of records describes the collection and 
maintenance of records by DHS/United States Secret Service

[[Page 64524]]

(USSS) in its investigations related to individuals being investigated 
in connection with the criminal law enforcement functions of USSS, 
including investigating counterfeiting offenses, financial institution 
fraud, computer and telecommunications fraud, false identification 
documents, access device fraud, advance fee fraud, and electronic funds 
transfer fraud. In this system of records notice update, DHS/USSS is 
modifying the categories of records, routine uses, and retention and 
disposal of records. Additionally, this notice includes non-substantive 
changes to simplify the formatting and text of the previously published 
notice.

DATES: Submit comments on or before November 12, 2020. This modified 
system will be effective upon publication. New or modified routine uses 
will be effective November 12, 2020.

ADDRESSES: You may submit comments, identified by docket number DHS-
2020-0029 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: Constantina Kozanas, 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-2020-0029. 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: 
E. Gayle Rucker, (202) 406-5838, [email protected], 
Privacy Officer, United States Secret Service, Washington, DC 20223. 
For privacy questions, please contact: Constantina Kozanas, (202) 343-
1717, [email protected], 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)/United States Secret Service 
(USSS) proposes to modify and reissue a current DHS system of records 
titled, ``DHS/USSS-001 Criminal Investigation Information System of 
Records.'' The purpose of this system is to collect and maintain 
criminal records related to individuals being investigated by DHS/USSS 
in connection with USSS' criminal law enforcement functions, including 
investigating counterfeiting offenses, financial institution fraud, 
computer and telecommunications fraud, false identification documents, 
access device fraud, advance fee fraud, and electronic funds transfer 
fraud.
    DHS/USSS is updating this system of records notice (SORN) to:
    (1) Update the categories of records to consolidate the name 
category by grouping together variations of name types; (2) update the 
categories of records to consolidate the government-issued identifiers 
of persons by grouping together variations of government-issued 
identifiers of persons; (3) update the categories of records to 
consolidate the address category by grouping together variations of 
address types including other contact information identifiers; (4) 
update the categories of records to add citizenship and immigration 
information identifiers; (5) update the categories of records to add 
video imagery records; (6) update the categories of records to add 
historical cell-site location information; (7) update the categories of 
records to add geo-fence records of mobile devices; (8) update the 
categories of records to add government-issued identifiers of property; 
(9) update the categories of records to add biometric identifiers and 
profiles based on biometric attributes; (10) update the categories of 
records to add samples of deoxyribonucleic acid (DNA) and their DNA 
profiles; (11) update the categories of records to add social media 
posts, profiles, and account content; (12) modify routine use (E) and 
add new routine use (F) to conform to Office of Management and Budget 
Memorandum M-17-12; (13) modify previously issued routine use (I), now 
routine use (N), to remove disclosures ``in response to a subpoena''; 
(14) add routine use (P) for disclosure to government agencies for the 
purposes of testing new technology; (15) remove routine uses that are 
no longer applicable; and (16) update retention and disposal of records 
to reflect the most recent National Archives and Records Administration 
(NARA)-approved records schedules.
    Further, DHS is making non-substantive changes to the text and 
formatting of this SORN to align with previously published DHS SORNs, 
to include the reordering and re-lettering of routine uses.
    Consistent with DHS's information sharing mission, information 
stored in the DHS/USSS-001 Criminal Investigation Information 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/USSS 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 modified 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 the description of the DHS/USSS-001 Criminal Investigation 
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)/United States Secret Service 
(USSS)-001 Criminal Investigation Information System of Records.

SECURITY CLASSIFICATION:
    Unclassified and Classified.

SYSTEM LOCATION:
    Records are maintained at the USSS Headquarters in Washington, DC 
and field offices. IT systems covered by this SORN include USSS 
systems, such as e-

[[Page 64525]]

Agent, Field Support System (FSS), and Field Investigative Reporting 
System (FIRS), all accessible at USSS offices.

 SYSTEM MANAGER(S):
    Assistant Director, Office of Investigations, United States Secret 
Service, [email protected], 245 Murray Lane SW, Building T-5, 
Washington, DC 20223.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    The Homeland Security Act of 2002, Public Law 107-296, including 6 
U.S.C. 124n, 6 U.S.C. 455, and 6 U.S.C. 383; 18 U.S.C. 3056; 18 U.S.C. 
3056A; 18 U.S.C. 1029(d); 18 U.S.C. 1030(d).

PURPOSE(S) OF THE SYSTEM:
    The purpose of this system is to collect and maintain criminal 
records related to individuals being investigated by DHS/USSS in 
connection with DHS/USSS' criminal law enforcement functions, including 
investigating counterfeiting offenses, financial institution fraud, 
computer and telecommunications fraud, false identification documents, 
access device fraud, advance fee fraud, and electronic funds transfer 
fraud.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Categories of individuals in this system of records include: (1) 
Individuals who have been or are currently the subject of a criminal 
investigation by DHS/USSS in connection with the performance by that 
agency of its authorized criminal investigative functions; (2) 
individuals who are informants, suspects, defendants, fugitives, 
released prisoners, victims, witnesses, or those associated with these 
individuals who have been identified by DHS/USSS during the course of 
official DHS/USSS criminal investigations or by information supplied by 
other law enforcement agencies, units, and the general public; (3) 
individuals who are complainants and correspondents; (4) individuals 
who are payees, registered owners, or endorsers of stolen or lost 
obligations and other securities of the United States; and (5) USSS and 
other law enforcement personnel.

CATEGORIES OF RECORDS IN THE SYSTEM:
     Name, alias, or code name;
     Records containing information from government-issued 
identifiers, including Passport number, Social Security number, and 
Driver License number;
     Contact information identifiers, such as physical and 
electronic addresses and phone numbers;
     Records containing still and video imagery (imagery 
records containing facial biometrics may be both electronically 
analyzed and/or examined by human agents during the course of criminal 
investigations);
     Records containing historical cell-site location 
information obtained from providers of electronic communications, and 
other information lawfully obtained under the provisions of 18 U.S.C. 
2701, et seq.;
     Records containing citizenship information and 
identifiers;
     Records containing geo-fence information from mobile 
devices to track a suspected criminal's location;
     Records containing information from government-issued 
property identifiers, to include boat, vehicle, and other asset 
registration numbers;
     Social media posts, profiles, and account content;
     Records containing information from biometric identifiers 
and profiles based on biometric attributes to include fingerprint and 
voiceprint (such information may be both electronically analyzed and/or 
examined by human agents); and
     Records containing information from DNA samples and 
profiles of DNA obtained from the body, such as bodily fluids, or 
obtained from contacted surfaces (such information may be both 
electronically analyzed and/or examined by human agents).

RECORD SOURCE CATEGORIES:
    The Secretary of Homeland Security has exempted this system from 
subsections (e)(4)(I) of the Privacy Act pursuant to 5 U.S.C. 
552a(j)(2), (k)(2), and (k)(3); therefore, record source categories 
shall not be disclosed.

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 the U.S. 
Attorney's Offices, or other federal agencies conducting litigation or 
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, only 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 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 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

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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 employees and officials of financial and commercial business 
firms and to private individuals, information pertaining to actual or 
suspected criminal offenders where such disclosure is considered 
reasonably necessary for the purpose of furthering USSS efforts to 
investigate the activities of and apprehend criminal offenders and 
suspected criminal offenders.
    J. To federal, state, and local government agencies foreign or 
domestic, having prosecutorial and civil law enforcement functions for 
use by attorneys, magistrates, and judges, parole or probation 
authorities and other law enforcement authorities for the purpose of 
developing a criminal or civil investigation, prosecuting, sentencing, 
or determining the parole and probation status of criminal offenders or 
suspected criminal offenders.
    K. To personnel of other federal, state, and local law enforcement 
agencies, foreign or domestic, for the purpose of developing 
information on subjects involved in USSS criminal investigations and 
assisting other law enforcement agencies in the investigation and 
prosecution of violations of the criminal laws which those agencies are 
responsible for enforcing.
    L. To personnel of federal, state, and local governmental agencies, 
foreign and domestic, where such disclosure is considered reasonably 
necessary for the purpose of furthering USSS efforts to investigate the 
activities of and apprehend criminal offenders and suspected criminal 
offenders.
    M. To personnel of federal, state, and local governmental agencies, 
foreign and domestic, where there is a showing of reasonable necessity 
to obtain such information to accomplish a valid law enforcement 
purpose as agreed to by the USSS.
    N. To a court, magistrate, or administrative tribunal in the course 
of presenting evidence and opposing counsel or witnesses in the course 
of civil discovery, litigation, or settlement negotiations or in 
connection with criminal or civil proceedings.
    O. To an appropriate federal, state, local, tribal, foreign, or 
international agency, if the information is relevant and necessary to a 
requesting agency's decision concerning the hiring or retention of an 
individual, or the issuance of a security clearance, license, contract, 
grant, or other benefit, or if the information is relevant and 
necessary to a DHS decision concerning 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, the issuance 
of a license, grant, or other benefit and when disclosure is 
appropriate to the proper performance of the official duties of the 
person making the request.
    P. To appropriate federal, state, local, tribal, or foreign 
governmental agencies or multilateral governmental organizations, with 
the approval of the Chief Privacy Officer, when DHS is aware of a need 
to use relevant data for purposes of testing new technology that relate 
to the purpose(s) stated in this SORN.
    Q. 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/USSS stores records in this system electronically or on paper 
in secure facilities behind a locked door. The electronic records may 
be stored on magnetic disc, tape, and digital media.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    DHS/USSS may retrieve records by name, address, vehicle license 
number, or other identifier retrieved through computer search of 
electronic files maintained both at USSS Headquarters and in the field 
offices. Access to the physical files containing records is by case 
number.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    Investigative Records are managed by DHS/USSS in accordance with 
the following National Archives and Records Administration (NARA) 
approved records schedules: N1-087-89-02, ``Field Investigative 
Records,'' N1-087-92-002, ``Investigative Program Records,'' and NC1-
87-84-1, ``Closed Case Investigative Files.'' Records are retained, 
transferred, and destroyed based on where the record was created 
(Headquarters or Field Office) and the type of record. For instance, 
pursuant to N1-087-89-02, for Field Office records, all selected closed 
case files pursuant to the selection criteria in the introduction of 
N1-087-89-02 are permanent and are subsequently transferred to NARA 30 
years after the case has ended. All other closed case files are 
retained, transferred, and destroyed in the following: criminal 
judicial case files are to be transferred to a Federal Records Center 
(FRC) and destroyed 30 years after the end of the case; criminal non-
judicial case files are to be transferred to the FRC and destroyed 30 
years after the end of the case, except for forgery case files which 
are to be transferred to the FRC and then destroyed 5 years after the 
end of the case; non-criminal case files are to be transferred to the 
FRC and then destroyed 5 years following the end of the case; and 
investigations for other district (IOD) cases are to be destroyed two 
years following the end of a case. Case files in Field Offices 
containing special information are to be retained for the following 
dependent on the type of information: Title I Intercept Material 
Electronic communications (minimum of 10 years), Protected IRS 
information (minimum of 8 years), and mail cover information (minimum 
of 8 years), and then all follow records retention schedule for closed 
investigative case files in Item 1 of N1-087-89-02. Please refer to N1-
087-89-02 for records retention schedules for other Field Office 
Investigative Program Records. Headquarters Office records are subject 
to NC1-87-84-1, as amended by N1-087-92-002. For instance, all selected 
closed case files pursuant to the selection criteria in the 
introduction of NC1-87-84-1 are permanent and are subsequently 
transferred to NARA in five-year blocks when 50 years old. Judicial, 
non-judicial, and non-criminal case files are to be transferred to the 
FRC 10 years after closing the case and destroyed 30 years after the 
end of the case. Please refer to NC1-87-84-1 and N1-087-92-002 for all 
other investigative program records held at USSS Headquarters. Disposal 
of records that have met the end of their life cycles is carried out in 
a secure manner, including by burning or shredding.

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    DHS/USSS safeguards records in this system according to applicable 
rules and policies, including all applicable

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DHS automated systems security and access policies. DHS/USSS 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:
    The Secretary of Homeland Security has exempted this system from 
the notification, access, and amendment procedures of the Privacy Act, 
and the Judicial Redress Act if applicable, because it is a law 
enforcement system. However, DHS/USSS will consider individual requests 
to determine whether or not information may be released. Thus, 
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 Chief 
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 FOIA 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/her 
identity, meaning that the individual must provide his/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 FOIA 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 being requested;
     Identify which component(s) of the Department he or she 
believes may have the information;
     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 the request is seeking records pertaining to another living 
individual, the request must include an authorization from the 
individual whose record is being requested, authorizing the release to 
the requester.
    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:
    This system of records is exempt from the Privacy Act's access and 
amendment provisions and those of the Judicial Redress Act; therefore, 
record access and amendment may not be available. In such cases, 
certain records about an individual may be available under FOIA, and 
the correspondence from those seeking a record amendment may be placed 
in the respective case file. 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'' above.

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    The Secretary of Homeland Security, pursuant to 5 U.S.C. 
552a(j)(2), has exempted this system from the following provisions of 
the Privacy Act: 5 U.S.C. 552a(c)(3) and (4); (d); (e)(1), (e)(2), 
(e)(3), (e)(4)(G), (e)(4)(H), (e)(4)(I), (e)(5), and (e)(8); (f); and 
(g). Additionally, the Secretary of Homeland Security, pursuant to 5 
U.S.C. 552a(k)(1), (k)(2), and (k)(3) has exempted this system from the 
following provisions of the Privacy Act: 5 U.S.C. 552a(c)(3); (d); 
(e)(1), (e)(4)(G), (e)(4)(H), and (e)(4)(I); and (f).

HISTORY:
    76 FR 49497 (August 10, 2011); 74 FR 45087 (Final Rule) (August 31, 
2009).

Constantina Kozanas,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. 2020-22533 Filed 10-9-20; 8:45 am]
BILLING CODE 9110-18-P