[Federal Register Volume 76, Number 188 (Wednesday, September 28, 2011)]
[Notices]
[Pages 60067-60070]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-24934]


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DEPARTMENT OF HOMELAND SECURITY

Office of the Secretary

[Docket No. DHS-2011-0090]


Privacy Act of 1974; Department of Homeland Security Federal 
Emergency Management Agency--012 Suspicious Activity Reporting System 
of Records

AGENCY: Privacy Office, DHS.

ACTION: Notice of Privacy Act system of records.

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SUMMARY: In accordance with the Privacy Act of 1974, the Department of 
Homeland Security proposes to establish a new system of records titled, 
``Department of Homeland Security/Federal Emergency Management Agency--
012 Suspicious Activity Reporting System of Records.'' This system of 
records allows the Department of Homeland Security/Federal Emergency 
Management Agency to collect, maintain, and retrieve records on 
individuals who report suspicious activities, individuals reported as 
being involved in suspicious activities, and individuals charged with 
the analysis and appropriate handling of suspicious activity reports. 
Additionally, the Department of Homeland Security/Federal Emergency 
Management Agency is issuing a Notice of Proposed Rulemaking elsewhere 
in the Federal Register to exempt this system of records from certain 
provisions of the Privacy Act. This newly established system will be 
included in the Department of Homeland Security's inventory of record 
systems.

DATES: Submit comments on or before October 27, 2011. This new system 
will be effective October 27, 2011.

ADDRESSES: You may submit comments, identified by docket number DHS-
2011-0090 by one of the following methods:
    Federal e-Rulemaking Portal: http://www.regulations.gov. Follow the 
instructions for submitting comments.
    Fax: 703-483-2999.
    Mail: Mary Ellen Callahan, Chief Privacy Officer, Privacy Office, 
Department of Homeland Security, Washington, DC 20528.
    Instructions: All submissions received must include the agency name 
and docket number for this rulemaking. All

[[Page 60068]]

comments received will be posted without change to http://www.regulations.gov, including any personal information provided.
    Docket: For access to the docket to read background documents or 
comments received go to http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: For general questions please contact: 
Dr. Lesia Banks, (202-646-3323), Acting Privacy Officer, Federal 
Emergency Management Agency, Department of Homeland Security, 
Washington, DC 20478. For privacy issues please contact: Mary Ellen 
Callahan (703-235-0780), Chief Privacy Officer, Privacy Office, 
Department of Homeland Security, Washington, DC 20528.

SUPPLEMENTARY INFORMATION:

I. Background

    In accordance with the Privacy Act of 1974, 5 U.S.C. 552a, the 
Department of Homeland Security (DHS) Federal Emergency Management 
Agency (FEMA) proposes to establish a new DHS/FEMA system of records 
titled, ``DHS/FEMA--012 Suspicious Activity Reporting System of 
Records.''
    FEMA's mission is to ``support our citizens and first responders to 
ensure that as a nation we work together to build, sustain, and improve 
our capability to prepare for, protect against, respond to, recover 
from, and mitigate all hazards.'' FEMA will collect, maintain, and 
retrieve records on individuals who report suspicious activities, 
individuals reported as being involved in suspicious activities, and 
individuals charged with the analysis and appropriate handling of 
suspicious activity reports. FEMA's Office of the Chief Security 
Officer (OCSO), Fraud and Investigations Unit, manages this process. To 
reduce any risk of unauthorized access, FEMA SARs are secured in a room 
monitored by FEMA OCSO special agents and analysts.
    FEMA SARs may shared with federal, state, local, and tribal 
jurisdictions that hold the responsibility of investigating suspicious 
activities within their jurisdictions. FEMA SARs that do not have a 
nexus to terrorism or hazards to homeland security, as determined by 
FEMA OCSO special agents or analysts, are forwarded to the appropriate 
jurisdiction, such as sheriff offices, county/city police, and state 
police. FEMA SARs that have a nexus to terrorism or hazards to homeland 
security, as determined by FEMA OCSO special agents or analysts, are 
shared with the Federal Bureau of Investigations (FBI) Joint Terrorism 
Task Force (JTTF), Federal Protective Service, and/or other federal 
agencies required to investigate and respond to terrorist threats or 
hazards to homeland security.
    FEMA's SAR process is authorized and governed by 44 CFR Chapter 2 
``Delegation of Authority;'' 42 U.S.C. 5196(d); Executive Orders 12333 
and 13388; 40 U.S.C. 1315(b)(2)(F); 6 U.S.C. 314; The Homeland Security 
Act of 2002, as amended; the Intelligence Reform and Terrorism 
Prevention Act of 2004, as amended; the National Security Act of 1947, 
as amended; and FEMA Manual 1010-1 ``Federal Emergency Management 
Agency Missions and Functions.''
    Consistent with DHS's information sharing mission, information 
stored in the DHS/FEMA--012 Suspicious Activity Reporting System of 
Records may be shared with other DHS components, as well as appropriate 
federal, state, local, tribal, territorial, foreign, or international 
government agencies. This sharing will only take place after DHS 
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.
    Additionally, DHS is issuing a Notice of Proposed Rulemaking (NPRM) 
elsewhere in the Federal Register to exempt this system of records from 
certain provisions of the Privacy Act. This newly established system 
will be included in DHS's inventory of record systems.

II. Privacy Act

    The Privacy Act embodies fair information practice principles in a 
statutory framework governing the means by which the U.S. Government 
collects, maintains, uses, and disseminates 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 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 U.S. citizens and lawful 
permanent residents. As a matter of policy, DHS extends administrative 
Privacy Act protections to all individuals where systems of records 
maintain information on U.S. citizens, lawful permanent residents, and 
visitors.
    Below is the description of the DHS/FEMA--12 Suspicious Activity 
Reporting 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 of Records
Department of Homeland Security (DHS)/Federal Emergency Management 
Agency (FEMA)--012

System name:
    DHS FEMA--012 Suspicious Activity Reporting.

Security classification:
    For official use only (FOUO) and law enforcement sensitive (LES).

System location:
    Records are maintained at FEMA Headquarters in Washington, DC and 
field offices.

Categories of individuals covered by the system:
    Individuals who report suspicious activities, individuals reported 
as being involved in suspicious activities, and individuals charged 
with the analysis and appropriate handling of suspicious activity 
reports.

Categories of records in the system:
     Case/incident number;
     Name (first, middle, and last);
     Address (number, street, apartment, city, and state);
     Age;
     Sex;
     Race;
     Signature (investigator, analyst, or LEO);
     Jurisdiction;
     Injury code if applicable;
     Telephone numbers (home, business, or cell);
     Other contact information (e.g., email address);
     Property information (name, quantity, serial number, brand 
name, model, value, year, make, color, identifying characteristics, 
and/or registration information).

Authority for maintenance of the system:
    44 CFR Chapter 2 ``Delegation of Authority;'' 42 U.S.C. 5196(d); 
Executive Orders 12333 and 13388; 40 U.S.C. 1315(b)(2)(F); 6 U.S.C. 
314; The Homeland Security Act of 2002, as amended; the Intelligence 
Reform and Terrorism Prevention Act of 2004, as amended; the National 
Security Act of 1947, as amended; and FEMA Manual 1010-1 ``Federal 
Emergency Management Agency Missions and Functions.''

Purpose(s):
    The purpose of this system is to collect, investigate, analyze, and 
report

[[Page 60069]]

suspicious activities to the Federal Bureau of Investigations (FBI) 
Joint Terrorism Task Force (JTTF), Federal Protective Service, and/or 
other federal, state, or local agencies required to investigate and 
respond to terrorist threats or hazards to homeland security.

Routine uses of records maintained in the system, including categories 
of users and the 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 U.S. Attorney 
Offices, or other federal agency conducting litigation or in 
proceedings before any court, adjudicative or administrative body, when 
it is 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 of DHS in his/her official capacity;
    3. Any employee of DHS in his/her individual capacity where DOJ or 
DHS has agreed to represent the employee; or
    4. The U.S. or any agency thereof, is a party to the litigation or 
has an interest in such litigation, and DHS determines that the records 
are both relevant and necessary to the litigation and the use of such 
records is compatible with the purpose for which DHS collected the 
records.
    B. To a congressional office from the record of an individual in 
response to an inquiry from that congressional office made at the 
request of the individual to whom the record pertains.
    C. To the National Archives and Records Administration (NARA) or 
other federal government agencies pursuant to records management 
inspections being conducted under the authority of 44 U.S.C. 2904 and 
2906.
    D. To 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. To appropriate agencies, entities, and persons when:
    1. DHS suspects or has confirmed that the security or 
confidentiality of information in the system of records has been 
compromised;
    2. DHS has determined that as a result of the suspected or 
confirmed compromise there is a risk of harm to economic or property 
interests, identity theft or fraud, or harm to the security or 
integrity of this system or other systems or programs (whether 
maintained by DHS or another agency or entity) or harm to the 
individual that rely upon the compromised information; and
    3. The disclosure made to such agencies, entities, and persons is 
reasonably necessary to assist in connection with DHS's efforts to 
respond to the suspected or confirmed compromise and prevent, minimize, 
or remedy such harm.
    F. To contractors and their agents, grantees, experts, consultants, 
and others performing or working on a contract, service, grant, 
cooperative agreement, or other assignment for DHS, when necessary to 
accomplish an agency function related to this system of records. 
Individuals provided information under this routine use are subject to 
the same Privacy Act requirements and limitations on disclosure as are 
applicable to DHS officers and employees.
    G. To 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, where 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 an appropriate federal, state, tribal, local, international 
counterterrorism agencies where DHS becomes aware of an indication of a 
threat or potential threat to security, and where such use is to assist 
in counterterrorism efforts.
    I. To an organization or individual in either the public or private 
sector, either foreign or domestic, where there is a reason to believe 
that the recipient is or could become the target of a particular 
terrorist activity or conspiracy, to the extent the information is 
relevant to the protection of life, property or other vital interests 
of a data subject and disclosure is proper and consistent with the 
official duties of the person making the disclosure.
    J. 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 or when 
disclosure is necessary to preserve confidence in the integrity of DHS 
or is necessary to demonstrate the accountability of DHS's officers, 
employees, or individuals covered by the system, except to the extent 
it is determined that release of the specific information in the 
context of a particular case would constitute an unwarranted invasion 
of personal privacy.

Disclosure to consumer reporting agencies:
    None.

Policies and practices for storing, retrieving, accessing, retaining, 
and disposing of records in the system:
Storage:
    Records in this system are stored electronically or on paper in 
secure facilities in a locked drawer behind a locked door. The records 
are stored on magnetic disc, tape, digital media, and CD-ROM.

Retrievability:
    Records may be retrieved by case/incident number, name, address, 
and/or date.

Safeguards:
    Records in this system are safeguarded in accordance with 
applicable rules and policies, including all applicable DHS automated 
systems security and access policies. Strict controls have been imposed 
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.

Retention and disposal:
    Pursuant to National Archives and Records Administration (NARA) 
Schedule Number N1-311-99-6, Items 1, 2, and 3, files containing 
information or allegations which are of an investigative nature but do 
not relate to a specific investigation are destroyed when five years 
old. Investigative case files that involve allegations made against 
senior agency officials, attract significant attention in the media, 
attract congressional attention, result in substantive changes in 
agency policies and procedures, or are cited in the OIG's periodic 
reports to Congress are cut off when the case is closed, retired to the 
Federal Records Center (FRC) 5 years after cutoff, and then transferred 
to NARA 20 years after cutoff. All other investigative case files 
except those that are unusually significant for documenting major 
violations of criminal law or ethical standards by agency officials or 
others are placed in inactive files when case is closed, cut

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off at the end of fiscal year, and destroyed 10 years after cutoff.

System Manager and address:
    Office of the Chief Security Officer, Fraud and Investigation Unit, 
1201 Maryland Avenue, SW., Washington, DC 20024.

Notification procedure:
    The Secretary of Homeland Security has exempted this system from 
the notification, access, and amendment procedures of the Privacy Act 
because it is a law enforcement system. However, DHS/FEMA will consider 
individual requests to determine whether or not information may be 
released. Thus, individuals seeking notification of and access to any 
record contained in this system of records, or seeking to contest its 
content, may submit a request in writing to the Chief of the FEMA 
Disclosure Branch whose contact information can be found at http://www.dhs.gov/foia under ``contacts.'' 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, 245 Murray Drive, SW., Building 410, STOP-0655, Washington, 
DC 20528.
    When seeking records about yourself from this system of records or 
any other Departmental system of records your request must conform with 
the Privacy Act regulations set forth in 6 CFR Part 5. You must first 
verify your identity, meaning that you must provide your full name, 
current address and date and place of birth. You must sign your 
request, and your signature must either be notarized or submitted under 
28 U.S.C. 1746, a law that permits statements to be made under penalty 
of perjury as a substitute for notarization. While no specific form is 
required, you may obtain forms for this purpose from the Chief Privacy 
Officer and Chief Freedom of Information Act Officer, http://www.dhs.gov or 1-866-431-0486. In addition you should provide the 
following:
     An explanation of why you believe the Department would 
have information on you;
     Identify which component(s) of the Department you believe 
may have the information about you;
     Specify when you believe the records would have been 
created;
     Provide any other information that will help the FOIA 
staff determine which DHS component agency may have responsive records; 
and
     If your request is seeking records pertaining to another 
living individual, you must include a statement from that individual 
certifying his/her agreement for you to access his/her records.
    Without this bulleted information the component(s) may not be able 
to conduct an effective search, and your request may be denied due to 
lack of specificity or lack of compliance with applicable regulations.

Record access procedures:
    See ``Notification procedure'' above.

Contesting record procedures:
    See ``Notification procedure'' above.

Record source categories:
    Records are obtained from individuals who report suspicious 
activities, individuals reported as being involved in suspicious 
activities, and individuals charged with the analysis and appropriate 
handling of suspicious activity reports, commercially available 
systems, and also from other federal, state, and local law enforcement 
agencies.

Exemptions claimed for the system:
    The Secretary of Homeland Security has exempted this system from 
the following provisions of the Privacy Act, subject to the limitation 
set forth in 5 U.S.C. 552a(c)(3); (d); (e)(1), (e)(4)(G), (e)(4)(H), 
(e)(4)(I); and (f) pursuant to 5 U.S.C. 552a (k)(2).

    Dated: September 9, 2011.
Mary Ellen Callahan,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. 2011-24934 Filed 9-27-11; 8:45 am]
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