Privacy Act of 1974; System of Records, 35465-35468 [2021-14277]

Agencies

• DEPARTMENT OF AGRICULTURE
• Forest Service

[Federal Register Volume 86, Number 126 (Tuesday, July 6, 2021)]
[Notices]
[Pages 35465-35468]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-14277]


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DEPARTMENT OF AGRICULTURE

Forest Service


Privacy Act of 1974; System of Records

AGENCY: Forest Service, U.S. Department of Agriculture.

ACTION: Notice of a modified system of records.

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SUMMARY: In accordance with the Privacy Act of 1974, and Office of 
Management and Budget (OMB) Circular No. A-108, the U.S. Department of 
Agriculture (USDA or Department) proposes to modify the current system 
of records entitled ``Department of Agriculture, Forest Service, FS-
33--Law Enforcement and Investigative Records'' (LEIRS). This system 
allows Law Enforcement and Investigations to record claims and criminal 
activities in the National Forests which include verified violations of 
criminal statutes and/or Agency policy, as well as situations that may 
result in civil claims for or against the government. This information 
helps the Agency meet its objective of contributing to Officers, Forest 
Service employees, and National Forest visitor safety.

DATES: This notice is applicable upon publication, subject to a 30-day 
period in which to comment on the routine uses described below. 
Comments must be submitted by August 5, 2021.

ADDRESSES: You may submit comments, identified by docket number FS-
2021-0002 by one of the following methods:
     Federal e-Rulemaking Portal: https://www.regulations.gov. 
Follow the instructions for submitting comments.
     Email: Curtis Davis, [email protected].
     Mail: Director, Law Enforcement and Investigations (Mail 
Stop 1140), USDA Forest Service, P.O. Box 96090, Washington, DC 20250.
    Instructions: All submissions must include the Agency name and 
docket number for this rulemaking. All comments received will be posted 
without change to https://www.regulations.gov, including any personal 
information provided.
    Docket: For access to the docket, to read background document, or 
comments received, go to https://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: For general questions please contact: 
U.S. Department of Agriculture, Forest Service, Law Enforcement and 
Investigations Staff, Curtis Davis, (703) 605-4730, or Fax (703) 605-
5114, or email [email protected], 1400 Independence Avenue SW, 
(Mail Stop 1140), Washington, DC 20250. For privacy questions, please 
contact: Sullie Coleman, Chief Privacy Officer, Office of the Chief 
Information Officer, Department of Agriculture, Washington, DC 20250 or 
at [email protected] or by phone at (202) 604-0467.

SUPPLEMENTARY INFORMATION: The purpose of changes to this system of 
records are:
    1. To provide the procedures that allow individuals to gain access 
to their information maintained in its System of Records Notice (SORN) 
as outlined in section 6 (Notice) and section 7 (Access, Redress, and 
Correction) of the LEIRS, formally known as LEIMARS, Privacy Impact 
Assessment (PIA).
    2. To reflect changes in practice and policy that affect the 
personally identifiable information (PII) maintained in its system of 
records. The LEIRS, formally known as LEIMARS, database system is not 
accessible to the public. The information is shared on a need-to-know 
basis with Law Enforcement partners and the Federal, State, and local 
court systems. Information such as statistical crime analysis, 
including but not limited to the number of incidents and cases but 
excluding PII, is shared within Congress and other agencies on a need-
to-know basis.
    The intended effect of these changes is to show individuals their 
PII information is secured in LEIRS, formally known as LEIMARS.
    The Forest Service proposes to modify a system of records, entitled 
``USDA/FS-33 Law Enforcement and Investigative Records'' that will be 
used to maintain records of activities

[[Page 35466]]

conducted by the Agency pursuant to its mission and responsibilities.
    The Forest Service Law Enforcement Investigations Reporting System 
(LEIRS), formally known as Law Enforcement Investigations Management 
Attainment Reporting System (LEIMARS) is primarily a criminal database 
and is used to collect information concerning criminal incidents that 
includes the PII related to suspects, witnesses, and victims in 
addition to information pertaining to the investigation of criminal 
activity. The LEIRS, formally known as LEIMARS, system collects the 
following information (that may be considered PII): First name, last 
name, middle initial, date of birth, home or mailing address, work 
address, driver's license, fishing license, hunting license, military 
issued ID, school issued ID, social security ID, state issued ID, 
height, weight, race, sex, hair color, eye color, adult/juvenile, and 
occupation. LEIRS, formally known as LEIMARS, is also used to document 
incidents that may be non-criminal in nature, primarily pertaining to 
civil cases which may result in a claim for or against the government.
    Consistent with USDA's information sharing mission, information 
stored in LEIRS, formally known as LEIMARS, may be shared with other 
USDA components, as well as appropriate Federal, State, local, tribal, 
foreign, or international government agencies. This sharing will only 
take place after USDA determines that the receiving component or agency 
has a need to know the information to carry out national security, law 
enforcement, immigration, intelligence, or other functions consistent 
with the routine uses set forth in this system of records notice.
    The Privacy Act embodies fair information principles in a statutory 
framework governing the means by which the United States Government 
collects, maintains, uses, and disseminates personally identifiable 
information. 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 for 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 United States 
citizens and legal permanent residents.
    The Privacy Act of 1974, as amended (5 U.S.C. 552a), requires 
agencies to publish in the Federal Register notice of new or revised 
systems of records maintained by the Agency. A system of records is a 
group of any records under the control of any agency from which 
information is retrieved by the name of an individual or by some 
identifying number, symbol, or other identifying particular assigned to 
an individual. In accordance with 5 U.S.C. 552a(r), USDA has provided a 
report of this system change to the Office of Management and Budget and 
to Congress.

TITLE OF BUSINESS ADDRESS OF THE AGENCY OFFICIAL RESPONSIBLE FOR THE 
SYSTEM OF RECORD:
    Chief information Officer, U.S. Department of Agriculture, Forest 
Service, 1400 Independence Avenue SW, Washington, DC 20250.

SYSTEM NAME AND NUMBER:
    Law Enforcement Investigations Reporting System, formally known as 
Law Enforcement Management Attainment Reporting System (LEIMARS), USDA/
FS-33 Law Enforcement and Investigative Records.

SECURITY CLASSIFICATION:
    Unclassified.

SYSTEM LOCATION:
    LEIMARS is a centralized database and is hosted on the Forest 
Service Application Cloud Environment (ACE) which is physically located 
at the National Information Technology Center (NITC), 8930 Ward 
Parkway, Kansas City, MO 64114.

SYSTEM MANAGER:
    The Director, Law Enforcement and Investigations (LEI), U.S. 
Department of Agriculture, Forest Service, 1400 Independence Avenue SW, 
(Mail Stop 1140), Washington, DC 20250.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    Title 16, United States Code, section 559.

PURPOSE(S) OF THE SYSTEM:
    LEIRS, formally known as LEIMARS, is a national database used by 
Forest Service LEI consisting of approximately 600 to 700 users 
dispersed throughout the nine Forest Service Regions. The information 
is being collected to document all criminal and civil investigations 
that take place or are related to crimes committed on National Forest 
System lands.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Individuals covered by the system include:
     Subjects: Individuals against whom allegations of 
wrongdoing have been made or who have committed a violation.
     Principals: Individuals not named as subjects, but who may 
be responsible for alleged violations.
     Complainants: Those who allege wrongdoing.
     Others: Those closely connected with or contacted about an 
investigation or law enforcement issues.

CATEGORIES OF RECORDS IN THE SYSTEM:
    The system consists of files containing reports of investigation, 
correspondence, informal notes, statements of witnesses, names, 
addresses, social security numbers, dates of birth, law enforcement 
reports, and other available incident information to investigations 
conducted, enforcement actions, or violations.

RECORD SOURCE CATEGORIES:
    LEIRS, formally known as LEIMARS, is primarily a criminal and civil 
investigation database and is used to collect information concerning 
criminal incidents that includes the PII related to suspects, 
witnesses, and victims in addition to information pertaining to the 
investigation of criminal activity. The LEIRS, formally known as 
LEIMARS, system collects the following information (that may be 
considered PII): First name, last name, middle initial, date of birth, 
home or mailing address, work address, driver's license, fishing 
license, hunting license, military issued ID, school issued ID, social 
security ID, state issued ID, height, weight, race, sex, hair color, 
eye color, adult/juvenile, and occupation, handwriting or an image of 
the signature. LEIRS, formally known as LEIMARS, is also used to 
document incidents that may be non-criminal in the nature, primarily 
pertaining to civil cases which may result in a claim for or against 
the government.

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, routine uses are defined as disclosures 
where information is routinely shared whether internally or externally. 
Below are routine uses applicable to LEIMARS:
    A. Sharing information with the Department of Justice (DOJ) when: 
(a) USDA or any component thereof; or (b) any employee of USDA in his 
or her official capacity where the Department of Justice has agreed to 
represent the employee; or (c) the United States Government is a party 
to litigation or has an interest in such litigation, and, by careful 
review, USDA determines that the records are both relevant and

[[Page 35467]]

necessary to the litigation and the use of such records by the 
Department of Justice is therefore deemed by USDA to be for a purpose 
that is compatible with the purpose for which USDA collected the 
records.
    B. Sharing information with a congressional office in response to 
an inquiry from that congressional office made at the written request 
of the individual to whom the record pertains.
    C. Sharing information with the National Archives and Records 
Administration (NARA) or other Federal government agencies pursuant to 
records management inspections being conducted under the authority of 
44 U.S.C. 2904 and 2906.
    D. Sharing information with an agency, organization, or individual 
for the purpose of performing audit or oversight operations as 
authorized by law but only such information as is necessary and 
relevant to such audit or oversight function.
    E. Sharing information with appropriate agencies, entities, and 
persons when: (1) USDA suspects or has confirmed that the security or 
confidentiality of information in the system of records has been 
compromised; (2) USDA has determined that as a result of the suspected 
or confirmed breach, there is a risk of harm to individuals, USDA 
(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 USDA's efforts to respond to the suspected or 
confirmed compromise and prevent, minimize, or remedy such harm.
    F. Sharing information when a record on its face, or in conjunction 
with other records, indicates a violation or potential violation of 
law, whether civil, criminal, or regulatory in nature, and whether 
arising by general statute or particular program statute, or by 
regulation, rule, or order issued pursuant thereto, disclosure may be 
made to the appropriate agency, whether Federal, foreign, State, local, 
or tribal, or other public authority responsible for enforcing, 
investigating, or prosecuting such violation or charged with enforcing 
or implementing the statute, or rule, regulation, or order issued 
pursuant thereto, if the information disclosed is relevant to any 
enforcement, regulatory, investigative, or prosecutorial responsibility 
of the receiving entity. Referral to the appropriate agency, whether 
Federal, State, local, or foreign, charged with the responsibility of 
investigating or prosecuting violation of law, or of enforcing or 
implementing a statute, rule, regulation, or order issued pursuant 
thereto, of any record within the system when information available 
indicates a violation or potential violation of law, whether civil, 
criminal, or regulatory in nature.
    G. Sharing information with another Federal agency or Federal 
entity when information from this system of records is reasonably 
necessary to assist the recipient agency or entity in (a) responding to 
a suspected or confirmed breach or (b) 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.
    H. To a court or adjudicative body in a proceeding when: (a) USDA 
or any component thereof; or (b) any employee of USDA in his or her 
official capacity; or (c) any employee of USDA in his or her individual 
capacity where USDA has agreed to represent the employee or the United 
States Government, is a party to litigation or has an interest in such 
litigation, and by careful review, USDA determines that the records are 
both relevant and necessary to the litigation and the use of such 
records is therefore deemed by USDA to be for a purpose that is 
compatible with the purpose for which USDA collected the records.

DISCLOSURE TO CONSUMER REPORTING AGENCIES:
    None.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    All hard copies of documents related to case investigations are 
stored in a room with an extra security lock. This local security 
serves as an additional measure to ensure that only authorized 
personnel can access these documents. Each USDA mission area, agency, 
and staff office creates and maintains proper and adequate 
documentation of the organization, functions, policies, decisions, 
procedures, and essential transactions of the Department. This 
documentation protects the legal and financial rights of the Government 
and of persons directly affected by the Department's activities (44 
U.S.C. 3101). U.S.C. Title 7, Chapters 55--2204 state that the 
Secretary of Agriculture may conduct any survey or other information 
collection and employ any sampling or other statistical method that the 
Secretary determines is appropriate.
    The Department is also authorized to obtain certain information 
under Section 515 of the Treasury and General Government Appropriations 
Act for Fiscal Year 2001 (Pub. L. 106-554, codified at 44 U.S.C. 3516) 
as well as Title 5, Part I, Chapter 3--301, and 5 U.S.C. 552--Sec. 
552a. See also 5 U.S.C. Chapter 552; 44 U.S.C. Chapters 21, 29, 31, and 
33 (Records Management); 18 U.S.C. 2071; 44 U.S.C. 3101 et seq.; 44 
U.S.C. 3506; Title 7 CFR 2.37; 36 CFR Chapter 12, Subchapter B; 36 CFR 
part 1234, eGovernment Act of 2002 (Pub. L. 107-347, 44 U.S.C. Ch. 36); 
0MB Circular A-130; NARA General Records Schedules and Forest Service 
Mission-specific records retention schedules approved by NARA for NARA 
Records Group 95.

POLICIES AND PRACTICES FOR RETRIEVABILITY OF RECORDS:
    Records are maintained in accordance with Forest Service records 
management policy and NARA's General Records Schedule and/or NARA-
approved records schedules for NARA Records Group 95. Records are 
maintained in categories organized by subject matter under the 
following file codes:
    5300--Law Enforcement
    5310--``Planning''
    5320--``Investigation''
    5330--``Law Violations''
    5340--``Reports''
    5350--``Procedures''
    5360--``Cooperative Law Enforcement''
    5370--``Suitability Requirements, Training, and Standards''
    5380--``Law Enforcement Equipment''
    5390--``Damage Appraisal and Claims''

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    Records covered by this Privacy Act SORN are managed according to 
records retention schedules approved by NARA. Records schedules used to 
retain and manage records are found in Chapter 40 of Forest Service 
Handbook 6209.11--Records Management Handbook. This Handbook is 
available on the Forest Service website at https://www.fs.usda.gov/about-agency/regulations-policies. All unscheduled records, that is, 
records without a NARA-approved records retention schedule, are 
retained until a records retention schedule is approved by NARA. Once a 
schedule is approved, all existing records will be processed according 
to the requirements set forth in that schedule.

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    Computer files are password protected. When applicable, paper 
records are kept in a locked or secured

[[Page 35468]]

office or office building and can be accessed by authorized Forest 
Service employees. The Department/Forest Service safeguards electronic 
records in this system according to applicable rules and policies, 
including all applicable automated systems' security and access 
policies. The Forest Service has imposed strict controls to minimize 
the risk of compromising stored information. System access is limited 
to individuals with appropriate clearances or permissions who need to 
know the information for performance of official duties.

RECORD ACCESS PROCEDURES:
    Individuals are not allowed to access their information through the 
LEIMARS database. Although access to the system may be denied, any 
person, including U.S. citizens, foreign nationals, organizations, 
universities, businesses, and state and local governments, can file a 
Freedom of Information Act (FOIA) request to acquire copies of records 
of the system. Federal employees may not use government time or 
equipment when requesting information under the FOIA. Individuals 
seeking access to records contained in this system of records, or 
seeking to contest content, may submit a request in writing to the 
Forest Service FOIA/Privacy Act Officer (contact information at https://www.dm.usda.gov/foia/poc.htm). If an individual believes more than one 
Department component maintains Privacy Act records concerning him or 
her, the individual may submit the request to the Departmental FOIA 
Officer, 1400 Independence Avenue SW, South Building Room 4104, 
Washington, DC 20250- 0706, email: [email protected]. The request 
should include a daytime phone number and email. Provide as much 
information as possible about the subject matter of the records you are 
requesting. This will help facilitate the search process. If you are 
making a request for records about yourself, you may receive greater 
access by providing either a notarized statement or a statement signed 
under penalty of perjury stating that you are the person who you say 
you are. Provide your full name, date, and either: (1) Have your 
signature witnessed by a notary; or (2) include the following statement 
immediately above the signature on your request letter: ``I declare 
under penalty of perjury that the foregoing is true and correct. 
Executed on [date].'' Requests that do not contain the required 
declaration will be processed under the FOIA and, if records are found, 
you may not receive as much information, including information about 
you. If additional information is required to fulfill a Privacy Act 
request, you will be notified. If you want records about yourself to be 
released to a third party (such as a law firm or other organization 
requesting records on your behalf), the third party may receive greater 
access if they have permission from you. You will need a signed and 
dated statement that the Forest Service may release records pertaining 
to you. Include your name, date of birth, name of the person or 
organization to whom you want your records disclosed (where 
applicable), their contact information, and list of records that may be 
released (all emails, medical records, etc.). The person about whom the 
records will be released should include a statement indicating that 
they understand that knowingly or willingly seeking or obtaining access 
to records about another person under false pretenses and/or without 
their consent is punishable by a fine of up to $5,000.
    Requests must be for access to existing records. The Forest Service 
FOIA Office will not create records for the purpose of responding to a 
FOIA or Privacy Act request. FOIA excludes Federal agencies from its 
definition of persons permitted to make FOIA requests (see 5 U.S.C. 
552(a)(3)(A) and 5 U.S.C. 551(2)). To avoid confusion as to whether 
Federal employees are requesting information in their personal or 
official capacities, requests from Federal employees should be 
submitted using personal resources.

CONTESTING RECORDS PROCEDURES:
    Any individual may contest information contained within a record in 
the system that pertains to him/her by submitting a written request to 
the system manager at the address above. Include the reason for 
contesting the record and the proposed amendment to the information 
with supporting documentation to show how the record is inaccurate.

NOTIFICATION PROCEDURES:
    LEIRS, formally known as LEIMARS, contains information about 
individuals that is recorded on a Violation Notice. Individuals who 
receive a Violation Notice are provided with a copy at the time of the 
incident. The notification provides a copy of all recorded information 
to individuals.
    Information to individuals is provided via:
     LEIRS, formally known as LEIMARS, Privacy Impact Analysis 
on the Department Privacy Impact Analysis website, https://www.usda.gov/home/privacy-policy/privacyimpact-assessments.
     The Federal Register for System of Records Notices and 
legal authorities.
     Forest Service-specific System of Records Notices are also 
published on the Forest Service website https://www.fs.fed.us/im/foia/pasystems.htm.
     Forms associated with Privacy Act systems are approved 
through the Office of Management and Budget under the Paperwork 
Reduction Act (also cited in the Federal Register); the forms cite the 
Privacy Act.
    Any individual may request general information regarding this 
system of records or information as to whether the system contains 
records pertaining to him/her. All inquiries pertaining to this system 
should be in writing, must name the system of records as set forth in 
the system notice, and must contain the individual's name, telephone 
number, address, and email address (see specific instructions above).

EXEMPTIONS CLAIMED FOR THE SYSTEM:
    This system has been exempted pursuant to 5 U.S.C. 552a(k)(2) from 
the requirements of 5 U.S.C. 552a(c)(3), 552a(d), 552a(e)(l), 
552a(e)(3), 552a(4)(h)-(i), and 552a(f) (see 7 CFR 1.123). This 
exemption will only be used to maintain the efficiency and integrity of 
lawful investigations and to prevent access to certain law enforcement 
files that potentially could alert subjects of investigations that 
their activities are being scrutinized and thus allow them time to take 
measures to prevent detection of illegal action or escape prosecution. 
Any individual who feels that he or she has been denied any right, 
privilege, or benefit for which he or she would otherwise be eligible 
as a result of the maintenance of such material may request access to 
the material. Such requests should be addressed to the System Manager.

HISTORY:
    Document Citation--69 FR 56031, pages 56031-56032 (2 pages), FR 
Doc. 04-20930 Filed 9-16-04; 8:45 a.m.

    Dated: June 29, 2021.
Victoria Christiansen,
Chief, USDA Forest Service.
[FR Doc. 2021-14277 Filed 7-2-21; 8:45 am]
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