Privacy Act of 1974; System of Records, 64519-64523 [2020-22534]

Download as PDF Federal Register / Vol. 85, No. 198 / Tuesday, October 13, 2020 / Notices 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 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 the 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 requestor. 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. khammond on DSKJM1Z7X2PROD with NOTICES 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 so state and be addressed to each component that maintains a system of records containing the record. VerDate Sep<11>2014 18:52 Oct 09, 2020 Jkt 253001 Individuals who wish to contest the accuracy of records in this system of records should submit these requests to the Privacy Division of the ICE Information Governance & Privacy Office. Requests must comply with verification of identity requirements set forth in Department of Homeland Security Privacy Act regulations at 6 CFR 5.21(d). Please specify the nature of the complaint and provide any supporting documentation. By mail (please note substantial delivery delays exist): ICE Information Governance & Privacy Office, ATTN: Privacy Division, 500 12th Street SW, Mail Stop 5004, Washington, DC 20536. By email: ICEPrivacy@ice.dhs.gov. Please contact the Privacy Division with any questions about submitting a request at ICEPrivacy@ice.dhs.gov. NOTIFICATION PROCEDURES: EXEMPTIONS PROMULGATED FOR THE SYSTEM: None. HISTORY: DHS/ICE–004 Bonds Management Information System (BMIS) System of Records, 76 FR 8761 (February 15, 2011). Constantina Kozanas, Chief Privacy Officer, Department of Homeland Security. [FR Doc. 2020–22535 Filed 10–9–20; 8:45 am] BILLING CODE 9111–28–P DEPARTMENT OF HOMELAND SECURITY [Docket No. DHS–2020–0007] Privacy Act of 1974; System of Records United States Secret Service, Department of Homeland Security. ACTION: Notice of a modified system of records. AGENCY: 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 (USSS)-004 Protection Information System of Records.’’ This system of records describes DHS/USSS collection and maintenance of records on information relative to the protective mission of the agency. In this system of records notice update, DHS/USSS is modifying the categories of individuals, categories of records, routine uses, Authorities, and the retention and PO 00000 Frm 00079 Fmt 4703 Sfmt 4703 disposal of records. Additionally, this notice includes non-substantive changes to simplify the formatting and text of the previously published notice. The Department of Homeland Security previously published a Final Rule in the Federal Register to exempt this system of records from certain provisions of the Privacy Act. The current updates to this system of records do not impact the nature of the exemptions claimed; the exemptions continue to apply to this update. This modified system will be included in DHS’s inventory of record systems. 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. DATES: You may submit comments, identified by docket number DHS– 2020–0007 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–2020–0007. 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. ADDRESSES: See ‘‘Record Access Procedures’’ above. SUMMARY: 64519 For general questions, please contact: E. Gayle Rucker, 202–406–5838, PrivacyServicesProgram@usss.dhs.gov, Privacy Officer, United States Secret Service, 245 Murray Lane SW, Building T–5, Washington, DC 20223. For privacy questions, please contact: Constantina Kozanas, (202) 343–1717, Privacy@ hq.dhs.gov, Chief Privacy Officer, Privacy Office, Department of Homeland Security, Washington, DC 20528–0655. SUPPLEMENTARY INFORMATION: FOR FURTHER INFORMATION CONTACT: 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 004 Protection Information System of Records. Information collected in this E:\FR\FM\13OCN1.SGM 13OCN1 khammond on DSKJM1Z7X2PROD with NOTICES 64520 Federal Register / Vol. 85, No. 198 / Tuesday, October 13, 2020 / Notices system of records is used to assist USSS in protecting its designated protectees, events, and venues. In doing so, USSS maintains necessary information to implement protective measures and to make protective inquiries concerning individuals who may come into proximity of a protectee, access a protected facility or event, or who have been involved in incidents or events that relate to the protective functions of USSS. Further, USSS ensures this protective information is appropriately managed and accessible to authorized users while employing appropriate safeguards to ensure that information is properly protected in accordance to national security standards. DHS/USSS is updating this SORN to: (1) Update the categories of individuals to include individuals who could be in proximity to protected persons or areas secured by USSS; (2) update the categories of individuals to include persons who fly Unmanned Aircraft Systems (UAS) into areas secured by USSS; (3) update the categories of records to broaden the name category to include variations of types; (4) update the categories of records to broaden the address category to an allinclusive category of Contact Information Identifiers; (5) update the categories of records to separate confinement and release types from disposition of criminal charges types; (6) update the categories of records for protective functions to include those related to furthering threat assessment and targeted violence prevention activities, as well as when exercising other USSS protective functions; (7) update the categories of records to add name check records for credentialing some individuals near protectees; (8) update the categories of records to include Protective Operations program and management files and Special Event files; (9) update the categories of records to include citizenship information and identifiers; (10) update the categories of records to include Government-issued Identifiers of persons; (11) update the categories of records to include Government-issued Identifiers of property; (12) update the categories of records to include biometric identifiers and profiles based on biometric attributes; (13) update the categories of records to include samples of deoxyribonucleic acid DNA and their DNA profiles; (14) update the routine uses to support USSS’s protective function VerDate Sep<11>2014 18:52 Oct 09, 2020 Jkt 253001 mission to include furthering threat assessment and targeted violence prevention activities; (15) update the Authorities to include Special Events and the National Threat Assessment Center (NTAC) protective activities; (16) update the Purpose of System to broaden the activities associated with the agency’s protective mission; (17) update the retention and disposal of records to reflect the most recent National Archives and Records Administration (NARA)-approved records schedules and to include Protective Operations program and management files and Security Events. Consistent with DHS’s information sharing mission, information stored in the DHS/USSS–004 Protection 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–004 Protection 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 PO 00000 Frm 00080 Fmt 4703 Sfmt 4703 Management and Budget and to Congress. SYSTEM NAME AND NUMBER: Department of Homeland Security (DHS)/United States Secret Service (USSS)-004 Protection Information System. 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 E-Check; Protective Intelligence Exchange (PIX); eCASE; and Protective Threat Management System (PTMS); which all can be accessed by individuals located at the United States Secret Service, and 245 Murray Lane SW, Building T–5, Washington, DC 20223. SYSTEM MANAGER(S): Assistant Director, Office of Strategic Intelligence and Information; Assistant Director, Office of Technical Development and Mission Support; and Assistant Director, Office of Protective Operations, wfo@usss.dhs.gov, 245 Murray Lane SW, Building T–5, Washington, DC 20223. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 18 U.S.C. 3056; 18 U.S.C. 3056A; 18 U.S.C. 871; 18 U.S.C. 879; Presidential Threat Protection Act of 2000, Pub. L. 106–544. PURPOSE(S) OF THE SYSTEM: The purpose of this system is: (1) To assist USSS in protecting its protectees by recording information necessary to implement protective measures and to investigate individuals who may come into proximity with a protectee or who have sought to make contact with a protectee, as well as individuals who have been involved in incidents or events that relate to the protective functions of USSS; (2) to support field agents coordinating physical security for designated Security Events by providing access to information regarding cases and threat assessments; and (3) to enable USSS to provide assistance to law enforcement officials, school personnel, and others with protective and public safety responsibilities for various types of targeted violence, such as the services provided by the National Threat Assessment Center. CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: (1) Individuals who have been or are currently the subject of a criminal investigation by USSS or another law E:\FR\FM\13OCN1.SGM 13OCN1 Federal Register / Vol. 85, No. 198 / Tuesday, October 13, 2020 / Notices enforcement agency for the violation of certain criminal statutes relating to the safety of persons or security of events, properties, facilities, and areas protected by USSS; (2) Individuals who are subjects of investigative records and reports supplied to USSS by federal, state, and local law enforcement agencies, or private institutions and individuals, in conjunction with the protective functions of USSS; (3) Individuals who are the subjects of noncriminal protective inquiries by USSS and other law enforcement agencies; (4) Individuals who are granted or denied ingress and egress to events, properties, facilities, and areas secured by USSS, or have access to areas in proximity to protected persons or areas secured by USSS, including but not limited to invitees, passholders, tradesmen, law enforcement personnel, maintenance personnel, or service personnel; (5) Individuals who are witnesses, suspects, complainants, informants, defendants, fugitives, released prisoners, and correspondents who have been identified by USSS or from information supplied by other law enforcement agencies, governmental units, private institutions, and members of the general public in connection with USSS performance of its protective functions; (6) Individuals who fly Unmanned Aircraft Systems (UAS) into protected areas; (7) Individuals who have sought an audience or contact with persons protected by USSS; (8) Individuals who could otherwise be in proximity of protectees or in contact with persons protected by USSS; (9) Individuals who have been involved in law enforcement encounters, incidents or events that relate to the protective functions of USSS; and (10) Individuals who have been or are currently protected by USSS. khammond on DSKJM1Z7X2PROD with NOTICES CATEGORIES OF RECORDS IN THE SYSTEM: • Name, alias, or code name; • Contact information identifiers, such as physical and electronic addresses and phone numbers; • Date of birth; • Case number; • Arrest Record; • Government-controlled confinement and release information; • Nature and disposition of criminal charges, to include sentencing and parole or probation status; • Records concerning agency activities associated with protectee movements and other protective measures taken on a protectee’s behalf; • Records containing information compiled for identifying and evaluating individuals who may constitute a threat to the safety or persons or security of VerDate Sep<11>2014 18:52 Oct 09, 2020 Jkt 253001 events, properties, facilities, and areas protected by USSS; • Records containing information compiled for a criminal investigation, including reports of informants and investigators, that are associated with an identifiable individual; • Records containing reports relative to an individual compiled at various stages of the process of enforcement of certain criminal laws from arrest or indictment through release from supervision; • Records containing information supplied by other federal, state, and local law enforcement agencies, foreign or domestic, other non-law enforcement governmental agencies, private institutions, and persons concerning individuals who, because of their activities, personality traits, criminal or mental history, or history of social deviancy, may be of interest to USSS in connection with the performance of its protective functions to include furthering threat assessment and targeted violence prevention activities, as well as when exercising other USSS protective functions; • Records containing information compiled for background investigations, including name check records for credentialing some individuals, including but not limited to, passholders, tradesmen, maintenance, or service personnel who have access and/or have been denied access to areas secured by or who may be in close proximity to persons protected by USSS; • Records containing information compiled during protective law enforcement encounters in conjunction with National Security Events; • Records containing information from the Protective Operations program and program files and security event management files; • Records containing citizenship information and identifiers; • Records containing information from Government-issued identifiers, including Passport, Social Security, and Driver License Numbers; • Records containing information from Government-Issued property identifiers, to include boat, vehicle, and UAS registration numbers; • 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 PO 00000 Frm 00081 Fmt 4703 Sfmt 4703 64521 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, records sources 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. Attorneys 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. secs. 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 E:\FR\FM\13OCN1.SGM 13OCN1 khammond on DSKJM1Z7X2PROD with NOTICES 64522 Federal Register / Vol. 85, No. 198 / Tuesday, October 13, 2020 / Notices 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 federal, state, and local governmental agencies for criminal prosecutions; to parole and probation authorities for sentencing and to determine the parole and probation status of criminal offenders or suspected criminal offenders; and to personnel necessary for the completion of civil and other proceedings involving USSS protective functions. J. To federal, state, and local governmental agencies, foreign and domestic, for the purposes of developing information on subjects involved in USSS protective investigations and the evaluation for and by USSS of persons considered to be of protective interest and for protective functions. K. To federal, state, and local governmental agencies, foreign and domestic, private institutions and private individuals, for the purposes of designing and implementing protective VerDate Sep<11>2014 18:52 Oct 09, 2020 Jkt 253001 measures, furthering threat assessment and targeted violence prevention activities, and exercising other USSS protective functions. L. To private institutions and private individuals, to include identifying information pertaining to actual or suspected criminal offenders or other individuals considered to be of protective interest, for furthering USSS efforts to evaluate the danger such individuals pose to protected persons, facilities, and events. M. 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. N. 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. O. 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. P. 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 PO 00000 Frm 00082 Fmt 4703 Sfmt 4703 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 case number, name, or other identifying data or other case related data in master and magnetic media indices. Access to the physical files is located at field offices, Headquarters, and other Washington, DC locations. POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS: Pursuant to NARA Schedule N1–087– 11–2, Protective Intelligence Exchange System (PIX), protective intelligence case records, including non-judicial protective intelligence cases, are routinely retained for a period of up to 5 years from the date of last action; or for 10 years from the date of last action if they contain electronic records. All judicial records are retained for a period of 30 years from the date of last action, unless otherwise required to be held permanently for transfer to NARA. Files relating to issuance of White House Complex passes for employees of the White House, USSS employees, press representatives accredited at the White House, and other authorized individuals are retained for a period of 8 years from the date the file is closed. Video surveillance source data from cameras and protectee active location data is maintained for 30 days. Recordings relevant to an investigative inquiry are retained for a minimum of 3 years following the date recorded but can be kept with a relevant case file. Video recordings associated with a highly unusual incident, occurrence, or significant event are permanent and are subsequently transferred to NARA when 25 years old. Planning and after-action records pertaining to Presidential inaugurations and campaign records related to a Presidential candidate not currently under Secret Service protection are permanent and are subsequently transferred to NARA when 25 years old. Routine records pertaining to the administration and operations of USSS protective programs, logs, shift reports, survey files and related documents/data, and trip reports are retained for a period of 3 years up to 10 years, from the end of the event. Non-Criminal Protective Investigation Name Check Reports are kept until no longer needed, e.g., cut off at end of the month, and destroyed 30 days after cutoff, as approved in its NARA Schedule. Special Event files not related to an inauguration are retained for 5 years. In E:\FR\FM\13OCN1.SGM 13OCN1 Federal Register / Vol. 85, No. 198 / Tuesday, October 13, 2020 / Notices the event of a highly unusual protective incident—e.g., assassination attempt, successful assassination, or events requiring extraordinary protective measures—relevant records of the incident, including those normally scheduled as temporary, will be retained and subsequently transferred to NARA 25 years after the incident. ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS: DHS/USSS safeguards records in this system according to applicable rules and policies, including all applicable 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. khammond on DSKJM1Z7X2PROD with NOTICES 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 information may be released. 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 USSS 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/her identity, meaning that the individual must provide his/her full name, current address, and date and VerDate Sep<11>2014 18:52 Oct 09, 2020 Jkt 253001 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 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 you may be available under the 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 PO 00000 Frm 00083 Fmt 4703 Sfmt 4703 64523 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), (c)(4); (d); (e)(1), (e)(2), (e)(3), (e)(4)(G), (e)(4)(H), (e)(4)(I), (e)(5), (e)(8), (e)(12); (f); (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), (e)(4)(I); and (f). When this system receives a record from another system exempted in that source system under 5 U.S.C. 552a(j)(2), DHS will claim the same exemptions for those records that are claimed for the original primary system of records from which they originated and claims any additional exemptions set forth here. HISTORY: DHS/USSS–004 Protection Information System of Records, 76 FR 66940 (October 28, 2011); Implementation of Exemptions, DHS/ USSS–004 Protection Information System of Records, 74 FR 45090 (August 31, 2009). Constantina Kozanas, Chief Privacy Officer, Department of Homeland Security. [FR Doc. 2020–22534 Filed 10–9–20; 8:45 am] BILLING CODE 9110–18–P DEPARTMENT OF HOMELAND SECURITY [Docket No. DHS–2020–0029] Privacy Act of 1974; System of Records United States Secret Service, Department of Homeland Security. ACTION: Notice of a Modified System of Records. AGENCY: 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 SUMMARY: E:\FR\FM\13OCN1.SGM 13OCN1

Agencies

[Federal Register Volume 85, Number 198 (Tuesday, October 13, 2020)]
[Notices]
[Pages 64519-64523]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-22534]


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DEPARTMENT OF HOMELAND SECURITY

[Docket No. DHS-2020-0007]


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 (USSS)-004 Protection Information System of 
Records.'' This system of records describes DHS/USSS collection and 
maintenance of records on information relative to the protective 
mission of the agency. In this system of records notice update, DHS/
USSS is modifying the categories of individuals, categories of records, 
routine uses, Authorities, and the retention and disposal of records. 
Additionally, this notice includes non-substantive changes to simplify 
the formatting and text of the previously published notice. The 
Department of Homeland Security previously published a Final Rule in 
the Federal Register to exempt this system of records from certain 
provisions of the Privacy Act. The current updates to this system of 
records do not impact the nature of the exemptions claimed; the 
exemptions continue to apply to this update. This modified system will 
be included in DHS's inventory of record systems.

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-
2020-0007 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-2020-0007. 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, 245 Murray Lane SW, 
Building T-5, 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 004 Protection Information System of Records. 
Information collected in this

[[Page 64520]]

system of records is used to assist USSS in protecting its designated 
protectees, events, and venues. In doing so, USSS maintains necessary 
information to implement protective measures and to make protective 
inquiries concerning individuals who may come into proximity of a 
protectee, access a protected facility or event, or who have been 
involved in incidents or events that relate to the protective functions 
of USSS. Further, USSS ensures this protective information is 
appropriately managed and accessible to authorized users while 
employing appropriate safeguards to ensure that information is properly 
protected in accordance to national security standards.
    DHS/USSS is updating this SORN to:
    (1) Update the categories of individuals to include individuals who 
could be in proximity to protected persons or areas secured by USSS;
    (2) update the categories of individuals to include persons who fly 
Unmanned Aircraft Systems (UAS) into areas secured by USSS;
    (3) update the categories of records to broaden the name category 
to include variations of types;
    (4) update the categories of records to broaden the address 
category to an all-inclusive category of Contact Information 
Identifiers;
    (5) update the categories of records to separate confinement and 
release types from disposition of criminal charges types;
    (6) update the categories of records for protective functions to 
include those related to furthering threat assessment and targeted 
violence prevention activities, as well as when exercising other USSS 
protective functions;
    (7) update the categories of records to add name check records for 
credentialing some individuals near protectees;
    (8) update the categories of records to include Protective 
Operations program and management files and Special Event files;
    (9) update the categories of records to include citizenship 
information and identifiers;
    (10) update the categories of records to include Government-issued 
Identifiers of persons;
    (11) update the categories of records to include Government-issued 
Identifiers of property;
    (12) update the categories of records to include biometric 
identifiers and profiles based on biometric attributes;
    (13) update the categories of records to include samples of 
deoxyribonucleic acid DNA and their DNA profiles;
    (14) update the routine uses to support USSS's protective function 
mission to include furthering threat assessment and targeted violence 
prevention activities;
    (15) update the Authorities to include Special Events and the 
National Threat Assessment Center (NTAC) protective activities;
    (16) update the Purpose of System to broaden the activities 
associated with the agency's protective mission;
    (17) update the retention and disposal of records to reflect the 
most recent National Archives and Records Administration (NARA)-
approved records schedules and to include Protective Operations program 
and management files and Security Events.
    Consistent with DHS's information sharing mission, information 
stored in the DHS/USSS-004 Protection 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-004 Protection 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)-004 Protection Information System.

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 E-Check; 
Protective Intelligence Exchange (PIX); eCASE; and Protective Threat 
Management System (PTMS); which all can be accessed by individuals 
located at the United States Secret Service, and 245 Murray Lane SW, 
Building T-5, Washington, DC 20223.

SYSTEM MANAGER(S):
    Assistant Director, Office of Strategic Intelligence and 
Information; Assistant Director, Office of Technical Development and 
Mission Support; and Assistant Director, Office of Protective 
Operations, [email protected], 245 Murray Lane SW, Building T-5, 
Washington, DC 20223.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    18 U.S.C. 3056; 18 U.S.C. 3056A; 18 U.S.C. 871; 18 U.S.C. 879; 
Presidential Threat Protection Act of 2000, Pub. L. 106-544.

PURPOSE(S) OF THE SYSTEM:
    The purpose of this system is: (1) To assist USSS in protecting its 
protectees by recording information necessary to implement protective 
measures and to investigate individuals who may come into proximity 
with a protectee or who have sought to make contact with a protectee, 
as well as individuals who have been involved in incidents or events 
that relate to the protective functions of USSS; (2) to support field 
agents coordinating physical security for designated Security Events by 
providing access to information regarding cases and threat assessments; 
and (3) to enable USSS to provide assistance to law enforcement 
officials, school personnel, and others with protective and public 
safety responsibilities for various types of targeted violence, such as 
the services provided by the National Threat Assessment Center.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    (1) Individuals who have been or are currently the subject of a 
criminal investigation by USSS or another law

[[Page 64521]]

enforcement agency for the violation of certain criminal statutes 
relating to the safety of persons or security of events, properties, 
facilities, and areas protected by USSS; (2) Individuals who are 
subjects of investigative records and reports supplied to USSS by 
federal, state, and local law enforcement agencies, or private 
institutions and individuals, in conjunction with the protective 
functions of USSS; (3) Individuals who are the subjects of non-criminal 
protective inquiries by USSS and other law enforcement agencies; (4) 
Individuals who are granted or denied ingress and egress to events, 
properties, facilities, and areas secured by USSS, or have access to 
areas in proximity to protected persons or areas secured by USSS, 
including but not limited to invitees, passholders, tradesmen, law 
enforcement personnel, maintenance personnel, or service personnel; (5) 
Individuals who are witnesses, suspects, complainants, informants, 
defendants, fugitives, released prisoners, and correspondents who have 
been identified by USSS or from information supplied by other law 
enforcement agencies, governmental units, private institutions, and 
members of the general public in connection with USSS performance of 
its protective functions; (6) Individuals who fly Unmanned Aircraft 
Systems (UAS) into protected areas; (7) Individuals who have sought an 
audience or contact with persons protected by USSS; (8) Individuals who 
could otherwise be in proximity of protectees or in contact with 
persons protected by USSS; (9) Individuals who have been involved in 
law enforcement encounters, incidents or events that relate to the 
protective functions of USSS; and (10) Individuals who have been or are 
currently protected by USSS.

CATEGORIES OF RECORDS IN THE SYSTEM:
     Name, alias, or code name;
     Contact information identifiers, such as physical and 
electronic addresses and phone numbers;
     Date of birth;
     Case number;
     Arrest Record;
     Government-controlled confinement and release information;
     Nature and disposition of criminal charges, to include 
sentencing and parole or probation status;
     Records concerning agency activities associated with 
protectee movements and other protective measures taken on a 
protectee's behalf;
     Records containing information compiled for identifying 
and evaluating individuals who may constitute a threat to the safety or 
persons or security of events, properties, facilities, and areas 
protected by USSS;
     Records containing information compiled for a criminal 
investigation, including reports of informants and investigators, that 
are associated with an identifiable individual;
     Records containing reports relative to an individual 
compiled at various stages of the process of enforcement of certain 
criminal laws from arrest or indictment through release from 
supervision;
     Records containing information supplied by other federal, 
state, and local law enforcement agencies, foreign or domestic, other 
non-law enforcement governmental agencies, private institutions, and 
persons concerning individuals who, because of their activities, 
personality traits, criminal or mental history, or history of social 
deviancy, may be of interest to USSS in connection with the performance 
of its protective functions to include furthering threat assessment and 
targeted violence prevention activities, as well as when exercising 
other USSS protective functions;
     Records containing information compiled for background 
investigations, including name check records for credentialing some 
individuals, including but not limited to, passholders, tradesmen, 
maintenance, or service personnel who have access and/or have been 
denied access to areas secured by or who may be in close proximity to 
persons protected by USSS;
     Records containing information compiled during protective 
law enforcement encounters in conjunction with National Security 
Events;
     Records containing information from the Protective 
Operations program and program files and security event management 
files;
     Records containing citizenship information and 
identifiers;
     Records containing information from Government-issued 
identifiers, including Passport, Social Security, and Driver License 
Numbers;
     Records containing information from Government-Issued 
property identifiers, to include boat, vehicle, and UAS registration 
numbers;
     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, records sources 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. Attorneys 
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. 
secs. 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

[[Page 64522]]

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 federal, state, and local governmental agencies for criminal 
prosecutions; to parole and probation authorities for sentencing and to 
determine the parole and probation status of criminal offenders or 
suspected criminal offenders; and to personnel necessary for the 
completion of civil and other proceedings involving USSS protective 
functions.
    J. To federal, state, and local governmental agencies, foreign and 
domestic, for the purposes of developing information on subjects 
involved in USSS protective investigations and the evaluation for and 
by USSS of persons considered to be of protective interest and for 
protective functions.
    K. To federal, state, and local governmental agencies, foreign and 
domestic, private institutions and private individuals, for the 
purposes of designing and implementing protective measures, furthering 
threat assessment and targeted violence prevention activities, and 
exercising other USSS protective functions.
    L. To private institutions and private individuals, to include 
identifying information pertaining to actual or suspected criminal 
offenders or other individuals considered to be of protective interest, 
for furthering USSS efforts to evaluate the danger such individuals 
pose to protected persons, facilities, and events.
    M. 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.
    N. 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.
    O. 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.
    P. 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 case number, name, or other 
identifying data or other case related data in master and magnetic 
media indices. Access to the physical files is located at field 
offices, Headquarters, and other Washington, DC locations.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    Pursuant to NARA Schedule N1-087-11-2, Protective Intelligence 
Exchange System (PIX), protective intelligence case records, including 
non-judicial protective intelligence cases, are routinely retained for 
a period of up to 5 years from the date of last action; or for 10 years 
from the date of last action if they contain electronic records. All 
judicial records are retained for a period of 30 years from the date of 
last action, unless otherwise required to be held permanently for 
transfer to NARA. Files relating to issuance of White House Complex 
passes for employees of the White House, USSS employees, press 
representatives accredited at the White House, and other authorized 
individuals are retained for a period of 8 years from the date the file 
is closed.
    Video surveillance source data from cameras and protectee active 
location data is maintained for 30 days. Recordings relevant to an 
investigative inquiry are retained for a minimum of 3 years following 
the date recorded but can be kept with a relevant case file. Video 
recordings associated with a highly unusual incident, occurrence, or 
significant event are permanent and are subsequently transferred to 
NARA when 25 years old.
    Planning and after-action records pertaining to Presidential 
inaugurations and campaign records related to a Presidential candidate 
not currently under Secret Service protection are permanent and are 
subsequently transferred to NARA when 25 years old. Routine records 
pertaining to the administration and operations of USSS protective 
programs, logs, shift reports, survey files and related documents/data, 
and trip reports are retained for a period of 3 years up to 10 years, 
from the end of the event. Non-Criminal Protective Investigation Name 
Check Reports are kept until no longer needed, e.g., cut off at end of 
the month, and destroyed 30 days after cutoff, as approved in its NARA 
Schedule.
    Special Event files not related to an inauguration are retained for 
5 years. In

[[Page 64523]]

the event of a highly unusual protective incident--e.g., assassination 
attempt, successful assassination, or events requiring extraordinary 
protective measures--relevant records of the incident, including those 
normally scheduled as temporary, will be retained and subsequently 
transferred to NARA 25 years after the incident.

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    DHS/USSS safeguards records in this system according to applicable 
rules and policies, including all applicable 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 information may be released. 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 USSS 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/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 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 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 you may be available under the 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), (c)(4); (d); (e)(1), (e)(2), 
(e)(3), (e)(4)(G), (e)(4)(H), (e)(4)(I), (e)(5), (e)(8), (e)(12); (f); 
(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), (e)(4)(I); and (f). When this system 
receives a record from another system exempted in that source system 
under 5 U.S.C. 552a(j)(2), DHS will claim the same exemptions for those 
records that are claimed for the original primary system of records 
from which they originated and claims any additional exemptions set 
forth here.

HISTORY:
    DHS/USSS-004 Protection Information System of Records, 76 FR 66940 
(October 28, 2011); Implementation of Exemptions, DHS/USSS-004 
Protection Information System of Records, 74 FR 45090 (August 31, 
2009).

Constantina Kozanas,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. 2020-22534 Filed 10-9-20; 8:45 am]
BILLING CODE 9110-18-P


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