[Federal Register Volume 76, Number 209 (Friday, October 28, 2011)]
[Notices]
[Pages 66937-66940]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-27882]


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DEPARTMENT OF HOMELAND SECURITY

Office of the Secretary

[Docket No. DHS-2011-0082]


Privacy Act of 1974; Department of Homeland Security/United 
States Secret Service--003 Non-Criminal Investigation Information 
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 and as part of the 
Department of Homeland Security's biennial review of system of record 
notices, the Department of Homeland Security proposes to update and 
reissue a current Department of Homeland Security system of records 
titled, ``Department of Homeland Security/United States Secret 
Service--003 Non-Criminal Investigation Information System.'' As a 
result of biennial review of this system, records have been updated 
within the categories of individuals covered in this system and 
categories of records in this system in order to further define and 
narrow categories. One routine use was revised to further define the 
purposes of disclosure, and retention and disposal procedures were 
updated to reflect current retention practices. The notification 
procedures were updated to clarify the reason for exemption and the 
method for access. Additionally, the Department of Homeland Security 
previously published a Final Rule in the

[[Page 66938]]

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 updated system. This updated 
system will be included in the Department of Homeland Security's 
inventory of record systems.

DATES: Written comments must be submitted on or before November 28, 
2011.

ADDRESSES: You may submit comments, identified by docket number DHS-
2011-0082, by one of the following methods:
     Federal e-Rulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Fax: 1-(866) 466-5370.
     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 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: 
Latita Payne ((202) 406-6370), Privacy Officer, United States Secret 
Service, 245 Murray Lane SW., Building T-5, Washington, DC 20223. For 
privacy issues please contact: Mary Ellen Callahan ((703) 235-0780), 
Chief Privacy Officer, Privacy Office, U.S. Department of Homeland 
Security, Washington, DC 20528.

SUPPLEMENTARY INFORMATION: 

I. Background

    In accordance with the Privacy Act of 1974, 5 U.S.C. 552a and as 
part the Department of Homeland Security's (DHS) biennial review of 
system of record notices, DHS/United States Secret Service (USSS) 
proposes to update and reissue a current DHS system of records titled, 
DHS/USSS-003 Non-Criminal Investigation Information System of Records. 
As a result of biennial review of this system, records have been 
updated within the categories of individuals covered in this system and 
categories of records in this system in order to further define, 
narrow, and eliminate duplicative categories. Routine Use H was revised 
to further define the purposes of disclosure, and retention and 
disposal procedures were updated to reflect current retention 
practices. The notification procedures were updated to clarify the 
reason for exemption and the method for access. This updated system 
will be included in DHS's inventory of record systems.

II. Privacy Act

    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 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 United States 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. Individuals may request access to their own records that are 
maintained in a system of records in the possession or under the 
control of DHS by complying with DHS Privacy Act regulations, 6 CFR 
part 5.
    The Privacy Act requires that each agency publish in the Federal 
Register a description denoting the type and character of each system 
of records in order to make agency recordkeeping practices transparent, 
to notify individuals about the use of their records, and to assist the 
individual to more easily find files within the agency. Below is a 
description on the DHS/USSS-003 Non-Criminal Investigation Information 
System of Records.
    In accordance with 5 U.S.C. 552a(r), DHS has provided a report of 
this revised system of records to the Office of Management and Budget 
and to the Congress.
System of Records
    Department of Homeland Security (DHS)/United States Secret Service 
(USSS)-003

System name:
    DHS/USSS--003 Non-Criminal Investigation Information System

Security classification:
    Unclassified and Classified.

System location:
    Records are maintained at the United States Secret Service 
Headquarters, 950 H St. NW., Washington, DC 20223 and field offices.

Categories of individuals covered by the system:
     Individuals who are applicants for employment or are 
currently employed with the USSS or other federal or state entities and 
have taken a polygraph; and
     Qualified USSS law enforcement officers and qualified USSS 
retired law enforcement officers who carry concealed firearms.

Categories of records in the system:
     Individual's name;
     Social Security number;
     Address;
     Date of birth;
     Case number;
     Polygraph examination reports and files;
     Records containing investigatory material compiled solely 
for the purpose of determining suitability, eligibility, and/or 
qualifications for federal civilian employment or access to classified 
information; and
     Any group of records which have been created by the Law 
Enforcement Officer Safety Act of 2004, Public Law 108-277, 1, codified 
at 18 U.S.C. 926 B and C, as amended.

Authority for maintenance of the system:
    The Homeland Security Act of 2002, Public Law 107-296; 5 U.S.C. 
301; Federal Records Act, 44 U.S.C. 3101; 18 U.S.C. 3056; 18 U.S.C. 
3056A; 42 U.S.C. 13031; Executive Order 10450; and 6 CFR part 5.

Purpose(s):
    The purpose of this system is to record and maintain files related 
to applicants for employment or current employees of the USSS or other 
federal or state entities who have taken a polygraph; and current and 
retired USSS employees who are qualified to carry a concealed weapon.

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 the 
Department of Homeland Security (DHS) as a routine use pursuant to 5 
U.S.C. 552a(b)(3) as follows:
    A. To the Department of Justice or other federal agency conducting 
litigation or in proceedings before any

[[Page 66939]]

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 United States 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 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 who relies 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 Federal, State, or local government agencies for the purpose 
of developing a relevant ongoing civil, administrative, or background 
investigation.
    I. To private institutions and individuals for the purpose of 
confirming and/or determining suitability, eligibility, or 
qualification for federal civilian employment or access to classified 
information, and for the purposes of furthering the efforts of the USSS 
to investigate the activities of individuals related to or involved in 
non-criminal civil and administrative investigations.
    J. To another federal agency or to an instrumentality of any 
government jurisdiction within or under the control of the United 
States for the purpose of determining suitability, eligibility, or 
qualifications for employment with or access to classified information 
in such other agency instrumentality.
    K. To a court, magistrate, or administrative tribunal in the course 
of presenting evidence, including disclosures to opposing counsel or 
witnesses in the course of civil discovery, litigation, or settlement 
negotiations or in connection with criminal law proceedings or in 
response to a subpoena from a court of competent jurisdiction.
    L. 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 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 letting of a contract, or the issuance of a license, 
grant or other benefit when disclosure is appropriate to the proper 
performance of the official duties of the person making the request.
    M. To state and local school boards, private and public schools, 
daycare facilities, children's camps, and childcare transportation 
providers, if information concerns one of their employees, or 
applicants for employment, when such an individual has admitted to the 
USSS that they viewed, have taken an interest in, or have engaged in 
prior activity regarding child pornography, the touching of a child for 
sexual gratification, or child abuse.
    N. 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:
    Paper and electronic records in this system are stored in secure 
facilities and/or behind locked doors. Electronic records media, such 
as magnetic tape, magnetic disk, digital media, and CD-ROM are stored 
in proper environmental controls.

Retrievability:
    Records are indexed by name on file at USSS Headquarters, and in 
field offices and are retrieved through a manual search of index cards 
and/or through computer search of magnetic media. Access to the 
physical files is by case number obtained from the name indices.

Safeguards:
    Records in this system are safeguarded in accordance with 
applicable rules and policies, including all applicable DHS and USSS 
automated systems security and access policies. Strict controls have 
been imposed to minimize the risk of compromising the information that 
is being stored, processed, and transmitted. Access to the records in 
this system is limited to those individuals who have a USSS approved 
need to know the information for the performance of their official 
duties and who have appropriate clearances or permissions.

[[Page 66940]]

Retention and disposal:
    Applicant security and background investigation records of retired 
or separated USSS employees are retained for 20 years after the date of 
last action. All judicial case records are retained for 30 years from 
the date of case closure, unless otherwise required to be held 
permanently for transfer to the National Archives and Records 
Administration. Non-judicial and non-criminal case files generally are 
retained for a period of between 5 years and 30 years from the date of 
case closure, depending upon the nature or subject of the 
investigation. All other records, the disposition of which is not 
otherwise specified, are retained until destruction is authorized.

System Manager and address:
    Assistant Director, Human Resources and Training and Assistant 
Director, Office of Investigation, U.S. Secret Service, 245 Murray Lane 
SW., Building T-5, Washington, DC 20223.

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/USSS 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 USSS FOIA Officer, 245 
Murray Drive, SW., Building T-5, Washington, DC 20223. 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 FOIA Officer, Department of Homeland Security, whose contact 
information can be found at http://www.dhs.gov/foia.
    When seeking records about yourself from this system of records or 
any other USSS 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 Director, 
Disclosure and FOIA, 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;
     Specify when you believe the records would have been 
created; 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 USSS 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 employees, former employees, and 
applicants for employment with the USSS; federal, state, and local 
governmental agencies; court systems; executive entities, both foreign 
and domestic; educational institutions; private businesses; and members 
of the general public.

Exemptions claimed for the system:
    Pursuant to exemption 5 U.S.C. 552a(j)(2) of the Privacy Act and 
the limitations therein, this system is exempt from 5 U.S.C. 552a(c)(3) 
and (4); (d); (e)(1), (e)(2), (e)(3), (e)(4)(G), (e)(4)(H), (e)(4)(I), 
(e)(5) and (e)(8); (f); and (g). Pursuant to 5 U.S.C. 552a (k)(1), 
(k)(2), (k)(3), (k)(5), and (k)(6), this system is exempt from the 
following provisions of the Privacy Act, subject to the limitations set 
forth in those subsections: 5 U.S.C. 552a(c)(3), (d), (e)(1), 
(e)(4)(G), (e)(4)(H), (e)(4)(I), and (f). In addition, to the extent a 
record contains information from other exempt systems of records, USSS 
will rely on the exemptions claimed for those systems.

    Dated: September 22, 2011.
Mary Ellen Callahan,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. 2011-27882 Filed 10-27-11; 8:45 am]
BILLING CODE 4810-42-P