[Federal Register Volume 79, Number 81 (Monday, April 28, 2014)]
[Notices]
[Pages 23361-23367]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-09471]
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DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary
[Docket No. DHS-2014-0019]
Privacy Act of 1974; Department of Homeland Security--DHS/ALL 020
Internal Affairs System of Records
AGENCY: Privacy Office, Department of Homeland Security.
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 update and reissue a current Department
of Homeland Security department-wide system of records notice titled
``Department of Homeland Security/ALL-020 Department of Homeland
Security Internal Affairs System of Records.'' This system collects and
maintains records relating to investigations, including allegations of
misconduct, resultant investigations conducted by Department of
Homeland Security (DHS) Headquarters or its components, and any of the
individuals involved in such investigations with the exception of
records of investigations conducted by the Office of the Inspector
General. This revised notice includes several changes necessitated by
the issuance of a final rule entitled Standards To Prevent, Detect, and
Respond to Sexual Abuse and Assault in Confinement Facilities (6 CFR
part 115) and to better reflect the DHS's internal affairs records
systems, including changes to: (1) The categories of individuals first,
by removing applicants for DHS employment and second, by adding any
individual who is subject to or involved in an internal integrity or
disciplinary inquiry, or an internal review, inspection, or
investigation not handled by the DHS Office of the Inspector General
(OIG); (2) the categories of records, by adding two new categories; (3)
the purpose of the system, by adding internal integrity or disciplinary
inquiries, and internal reviews, inspections, or investigations DHS
Headquarters or its components conduct, except any of the above that
the DHS OIG conducts; (4) the routine
[[Page 23362]]
uses, by adding new routine uses (K), (O), (P), (Q), (R), (S), (T),
(U), and (V), and (5) the retention periods, by adding new retention
periods for review files and sexual abuse and assault files. In
addition, this notice includes non-substantive changes to simplify the
formatting and text of the previously published notice. The exemptions
claimed in this system of records notice also reflect updates necessary
for consistency with the Final Rule for Privacy Act Exemptions, 74 Fed.
Reg. 42575 (Aug. 24, 2009). This system is still included in the
Department of Homeland Security's inventory of record systems. In
addition to the changes above, this notice communicates DHS's intention
to retire a different system of records from its inventory, because the
Transportation Security Administration no longer requires the DHS/TSA
005 Internal Investigation Record System, 69 FR 71828 (Dec. 10, 2004).
DATES: Submit comments on or before May 28, 2014. This new system will
be effective May 28, 2014.
ADDRESSES: You may submit comments, identified by docket number DHS-
2013-XXXX by one of the following methods:
Federal e-Rulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
Fax: 202-343-4010.
Mail: Karen L. Neuman, 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 and may be read at 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 and privacy
issues please contact: Karen L. Neuman (202) 343-1717, 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) proposes to update and reissue
the current DHS system of records titled, ``DHS/ALL-020 Department of
Homeland Security Internal Affairs System of Records,'' last published
at 73 FR 221 (Nov. 14, 2008). The existing Internal Affairs System of
Records Notice specifies that DHS collects and maintains records of
applicants, past and present employees, contractors, and contractor
applicants relating to investigations conducted by DHS Headquarters or
its components--with the exception of investigations conducted by the
OIG that are covered by DHS/OIG-002 Investigations Data Management
System of Records.
In addition, this update will provide notice that DHS intends to
retire a different system of records from its inventory because the
Transportation Security Administration (TSA) no longer requires the
system. The system DHS is retiring is DHS/TSA 005 Internal
Investigation Record System, 69 FR 71828 (Dec. 10, 2004).
To better reflect the Department's internal affairs records system
and to support the issuance of the final rule entitled Standards To
Prevent, Detect, and Respond to Sexual Abuse and Assault in Confinement
Facilities (6 CFR Part 115), 79 FR 13100 (Mar. 7, 2014), DHS is
updating the Department of Homeland Security Internal Affairs System of
Records Notice to add a new category of individuals, new categories of
records, an additional purpose for the system, new routine uses, and
new record retention periods.
DHS Standards To Prevent, Detect, and Respond to Sexual Abuse and
Assault in Confinement Facilities
Consistent with the Prison Rape Elimination Act of 2003 (PREA) (42
U.S.C. Sec. 15601 et seq.) and the Violence Against Women
Reauthorization Act of 2013 (Pub. L. 113-4), DHS issued a final rule
titled DHS Standards To Prevent, Detect, and Respond to Sexual Abuse
and Assault in Confinement Facilities, (hereinafter, DHS PREA rule).
The DHS PREA rule establishes standards to prevent, detect, and respond
to sexual abuse and assault in DHS confinement facilities. The rule
includes separate sets of standards tailored to two different types of
confinement facilities used by DHS: (1) Immigration detention
facilities, which Immigration and Customs Enforcement (ICE) oversees
and uses for longer-term detention of individuals subject to
immigration removal processes; and (2) holding facilities, which ICE
and U.S. Customs and Border Protection (CBP) use for temporary
detention of individuals pending release from custody or transfer to a
court, jail, prison, another agency, or another unit of the facility or
agency.
The DHS PREA rule addresses mechanisms for individuals in DHS
immigration detention or holding facilities to report to DHS incidents
of sexual assault and abuse committed by DHS staff or other individuals
in facilities. It also standardizes the collection and maintenance of
information about known or alleged incidents of sexual assault and
abuse. For additional information on the DHS PREA rule, see 6 CFR Part
115. The DHS/ALL-020 Internal Affairs SORN is being updated to provide
coverage for records that will be generated by DHS in fulfilling its
responsibilities under this new regulation.
Joint Integrity Case Management System
The Joint Integrity Case Management System (JICMS) is a customized
application that CBP Office of Internal Affairs (IA), CBP Labor and
Employee Relations (LER), ICE Office of Professional Responsibility
(OPR), and ICE Employee and Labor Relations (ELR) use. ICE and CBP
developed it for joint use to record misconduct, to conduct criminal
and administrative investigations, and to track disciplinary actions.
JICMS allows for a streamlined, integrated allegation and discipline
tracking system for designated users. JICMS records continue to be
included in this system of records and are covered by the DHS/ALL-020
Internal Affairs SORN.
ICE OPR Inspections
ICE's OPR inspects and reviews ICE offices, operations, and
processes to provide ICE executive management with an independent
review of the agency's organizational health, as well as an assessment
of how effectively and efficiently ICE carries out its mission. This
includes evaluating detention facilities' compliance with ICE's
detention standards. OPR conducts investigations of events in detention
facilities, such as detainee deaths, allegations involving violations
of civil rights and civil liberties, or non-compliance with detention
standards. Records of these functions are currently covered by the DHS/
ALL-020 Internal Affairs SORN to the extent information is retrieved by
name or personal identifier, but the category of records has been
revised to make this more explicit.
Changes to the Purpose Statement, Categories of Records, and Categories
of Individuals
As described above, DHS is updating this SORN to address new
records created by implementation of the DHS PREA rule and records
created by ICE OPR and CBP IA when executing their oversight
responsibilities. The purpose statement of this SORN also adds ICE OPR
inspections and reviews (described
[[Page 23363]]
above) to the types of internal affairs matters covered and accordingly
is now broader to cover a range of internal affairs matters, such as
internal compliance with laws, regulations, and policies about the
overall purpose of internal affairs functions within DHS.
There are other changes in the category of records to provide
clarity and completeness, such as specifically listing Alien
Registration Numbers as a record category and revising the description
of ``investigative reports'' to the more specific ``investigative
records of a criminal, civil, or administrative nature.''
DHS is modifying the category of individuals section to provide a
more comprehensive list of the types of individuals who may be subject
to or involved in internal affairs matters. These include individuals
held by DHS in confinement or detention facilities as well as
individuals encountered, arrested, or detained by DHS or held in DHS
custody pending removal or removal proceedings under the Immigration
and Nationality Act (INA) (Pub. L. 82-414). The system also includes
the personally identifiable information (PII) of individuals who make
allegations of sexual assault and abuse in DHS confinement facilities
and individuals whose PII is provided in such allegations or over the
course of any resulting investigation, including witnesses to the
alleged incident or alleged abusers.
Changes to Routine Uses
DHS is revising the routine uses to improve clarity, and adding
several new routine uses, including routine use U, which authorizes DHS
to notify a victim following an investigation into an allegation of
sexual abuse or assault of the result of the investigation, in
accordance with the DHS PREA rule. Below is a general summary of all
new routine uses and their corresponding letters. The actual routine
uses appear in the notice.
K. To an authorized appeal or grievance examiner, formal complaints
examiner, equal employment opportunity investigator, arbitrator, or
other duly authorized official engaged in investigation or settlement
of a grievance, complaint, or appeal filed against DHS, its employees,
contractors, offices, or Components.
O. To federal, state, local, tribal, territorial, foreign, or
international agencies concerning the hiring or retention of an
individual, or issuance of a security clearance, license, contract,
grant, or other benefit when failure to disclose the information is
likely to create a risk to public safety or to other specified
interests;
P. To the Office of Personnel Management (OPM) to refer an
individual who has applied for federal employment when there is
falsification, deception, or fraud in the application process; or when
suitability evaluation indicates a government-wide debarment should be
imposed pursuant to 5 CFR Part 731;
Q. To a former employee of DHS for purposes of responding to an
official inquiry or facilitating communications with a former employee
that may be relevant for personnel-related or other official purposes;
R. To federal, state, local, tribal, territorial, international, or
foreign government agencies to assist in making a determination
regarding a complaint or other form of redress; to verify the identity
of an individual seeking redress; or to verify the accuracy of
information submitted by an individual on behalf of another individual;
S. To third parties, but only that information relevant and
necessary, to effectuate or to carry out a particular redress result by
that third party; and
T. To notify a victim, pursuant to 6 CFR Section 115.73, following
an investigation into an allegation of sexual abuse or assault, of the
result of the investigation and of any responsive actions taken.
U. To notify or provide a victim or complainant of the progress or
results of an investigation relating to an integrity, disciplinary
inquiry, review, or inspection complaint relating to an integrity,
disciplinary inquiry, review, or inspection complaint.
V. To federal, state, local, tribal, territorial, foreign,
international agencies or transportation operators, when relevant or
necessary to: (1) Ensure safety and security; (2) enforce safety and
security-related regulations and requirements to assess and distribute
intelligence or law enforcement information related to security; (3)
assess and respond to threats; (4) oversee the implementation and
ensure the adequacy of security measures at facilities; (5) plan and
coordinate any actions or activities that may affect safety, security,
or the operations of facilities; or (6) issue, maintain, or review a
license, certificate, contract, grant, or other benefit.
Information stored in the DHS/ALL-020 Internal Affairs system of
records may be shared with 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, consistent with DHS's information sharing mission,
information may be shared 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.
Changes to Record Retention
Changes to the retention period for the Department's internal
affairs record systems are pending review and approval. DHS proposes
that investigative, inspection, and allegation-related files be
maintained for five years after the related case is closed. Records
would then be transferred to the Federal Records Center (FRC) and
destroyed 25 years after the date of closure for investigative files
and 10 years after the date of closure for inspection and allegation-
related files. Review files would be maintained for 10 years after the
related case is closed, and then be transferred to the FRC and retained
permanently. Sexual abuse and assault files and reports would be
maintained in a secure location for 10 years after the end of the
fiscal year in which the related case closed. Records then would be
transferred to the FRC and destroyed 20 years after the end of the
fiscal year in which the case closed.
During the course of adjudicating a complaint, records or
information from other systems of records may become part of, merged
with, or recompiled within this system. This system may contain records
or information compiled from or based on information contained in other
systems of records that are exempt from certain provisions of the
Privacy Act. To the extent this occurs, DHS will claim the same
exemptions as were claimed for the original systems from which the
recompiled records, material, or information were obtained. Such exempt
records or information are likely to include law enforcement or
investigation records, law enforcement encounter records, or possibly
intelligence-related information or terrorist screening records. These
could come from various DHS systems, such as TECS (DHS/CBP-011--U.S.
Customs and Border Protection TECS, 73 FR 77778 (Dec. 19, 2008)) or
from other agency systems. Such records adhere to the protections
described in the underlying system and are safeguarded accordingly. The
originating agency consults with OPR prior to further disclosure of any
such information.
II. Privacy Act
The Privacy Act embodies fair information principles in a statutory
framework governing the means by which the United States Government
[[Page 23364]]
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 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 United States citizens and legal
permanent residents. As a matter of policy, DHS extends administrative
Privacy Act protections to all individuals when 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 each agency to publish in the Federal
Register a description denoting the type and character of each system
of records that the agency maintains, and the routine uses contained in
each system in order to make agency recordkeeping practices
transparent, to notify individuals regarding the uses of their records,
and to assist individuals to more easily find such files within the
agency. Below is the description of the DHS Internal Affairs System of
Records.
In accordance with 5 U.S.C. 552a(r), DHS has provided a report of
this new system of records to the Office of Management and Budget (OMB)
and to Congress.
SYSTEM OF RECORDS
DHS/ALL-020.
System name:
DHS/ALL-020 Department of Homeland Security Internal Affairs.
Security classification:
Unclassified.
System location:
Records are maintained at several Headquarters locations and in
component offices of the Department of Homeland Security (DHS), in both
Washington, DC, and field locations.
Categories of individuals covered by the system:
Any individual who is subject to or involved in an internal
integrity or disciplinary inquiry, or an internal review, inspection,
or investigation not handled by the DHS Office of the Inspector General
(OIG). These individuals may be current or former DHS employees and
contractors; contractor applicants; individuals serving in an advisory
role; individuals held by DHS in confinement or detention facilities;
individuals encountered, arrested, or detained by DHS or held in DHS
custody pending removal or removal proceedings under the Immigration
and Nationality Act (INA); individuals whose information is relevant to
the investigation of alleged misconduct, including complainants,
witnesses, or alleged perpetrators of sexual abuse or assault; or any
other persons subject to or involved with the internal inquiries,
reviews, inspections, or investigations described above.
Categories of records in the system:
Categories of records in this system include:
Individual identifying data, which may include some or all
of the following: full name, date of birth, Social Security number,
Alien Registration number, addresses, contact information, duty
station, grade, job series, and entrance on duty date;
Allegations received and method received;
Relevant information from background investigations;
Relevant information from inspections, reviews, and
inquiries, including records collected in response to an allegation of
sexual abuse and assault;
Integrity investigations records;
Investigative records of a criminal, civil, or
administrative nature;
Incident location;
Case agent/officer or supervisor;
Case/prosecution status;
Photographic images, videotapes, voiceprints, DVDs;
Letters, emails, memoranda and reports;
Exhibits, evidence, statements, and affidavits; and
Any other information gathered in the course of or
relating to an integrity or disciplinary inquiry, review, inspection,
or investigation of a criminal, civil, or administrative nature,
including reports generated on incidents of sexual abuse and assault.
Authority for maintenance of the system:
5 U.S.C. Sec. 301; the Federal Records Act, 44 U.S.C. Sec. 3101;
Executive Order 9397, as amended by Executive Order 13478.
Purpose(s):
The purpose of this system is to collect and maintain records
concerning internal affairs matters, specifically internal integrity or
disciplinary inquiries, as well as internal reviews, inspections, or
investigations conducted by DHS Headquarters or its components, except
those conducted by OIG. This SORN is intended to support and protect
the integrity of Departmental operations; to ensure compliance with
applicable laws, regulations, and policies; and to ensure the integrity
of DHS employees' conduct and those acting on behalf of DHS.
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.
Sec. 552a(b) of the Privacy Act, all or a portion of the records of
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 Office of the
United States Attorneys) 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 when DOJ or
DHS has agreed to represent the employee; or
4. The United States Government 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 the National Archives and Records Administration (NARA), the
General Services Administration (GSA), or any other federal 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 identity theft or fraud, harm
to economic or property interests, harm to an individual, or harm to
the security or
[[Page 23365]]
integrity of this system or other systems or programs (whether
maintained by DHS or another agency or entity) 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, 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 federal, state, local, tribal, territorial, foreign, or
international agencies if the information is relevant and necessary to
a requesting agency's decision concerning the hiring or retention of an
individual, or the issuance, grant, renewal, suspension, or revocation
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, or the issuance of a license, grant, or
other benefit.
I. 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 in response to a subpoena from a court of competent
jurisdiction.
J. To third parties during the course of a law enforcement
investigation to the extent necessary to obtain information pertinent
to the investigation, provided disclosure is appropriate to the proper
performance of the official duties of the officer making the
disclosure.
K. To an authorized appeal or grievance examiner, formal complaints
examiner, equal employment opportunity investigator, arbitrator, or
other duly authorized official engaged in investigation or settlement
of a grievance, complaint, or appeal filed against DHS, its employees,
contractors, offices, or components.
L. To provide information to unions recognized as exclusive
bargaining representatives under the Civil Service Reform Act of 1978,
5 U.S.C. 7111 and 7114, and in circumstances when union officials
represent employees in investigations and personnel actions.
M. To a court, prosecutor, and/or defense attorney in satisfaction
of the agency's obligations under the Jencks Act (18 U.S. 3500); Giglio
v. United States, 405 U.S. 150 (1972); or Brady v. Maryland, 373 U.S.
83 (1963) decisions.
N. To management officials at federal, state, local, tribal,
territorial, foreign, or international agencies who may be in a
position to take disciplinary or other corrective action, and to boards
and panels who may be charged with making recommendations or proposals
regarding remedial action.
O. To federal, state, local, tribal, territorial, foreign, or
international agencies if DHS determines: (1) The information is
relevant and necessary to that agency's decision concerning the hiring
or retention of an individual, or issuance of a security clearance,
license, contract, grant, or other benefit, and (2) failure to disclose
the information is likely to create a risk to government facilities,
equipment, or personnel; sensitive information; critical
infrastructure; or the public safety.
P. To the Office of Personnel Management (OPM) to refer an
individual who has applied for federal employment in cases when there
is material, intentional falsification, deception, or fraud in the
initial application or examination process; or when suitability
evaluation indicates a government-wide debarment should be imposed
pursuant to 5 CFR Part 731.
Q. To a former employee of DHS for purposes of responding to an
official inquiry by federal, state, local, tribal, or territorial
government agencies or professional licensing authorities; or
facilitating communications with a former employee that may be relevant
and necessary for personnel-related or other official purposes when DHS
requires information or consultation assistance from the former
employee regarding a matter within that person's former area of
responsibility.
R. To federal, state, local, tribal, territorial, foreign or
international government agencies, or entities for the purpose of
consulting with that agency or entity: (1) To assist in making a
determination regarding a complaint or other form of redress for an
individual in connection with the operations of DHS employees,
contractors, components, or programs; (2) to verify the identity of an
individual seeking redress in connection with the operations of a DHS
component or program; or (3) to verify the accuracy of information
submitted by an individual who has requested such redress on behalf of
another individual.
S. To third parties lawfully authorized in connection with a
federal government program, which is authorized by law, regulation, or
rule, but only the information necessary and relevant to effectuate or
to carry out a particular redress result for an individual and
disclosure is appropriate to enable these third parties to carry out
their responsibilities related to the federal government program.
T. To notify a victim, pursuant to 6 CFR Section 115.73, following
an investigation into an allegation of sexual abuse or assault, of the
result of the investigation and of any responsive actions taken.
U. To notify or provide a victim or complainant of information
gathered on the progress or results of an investigation relating to an
integrity, disciplinary inquiry, review, or inspection complaint.
V. To federal, state, local, tribal, territorial, foreign,
international agencies, or transportation operators, when relevant or
necessary to: (1) Ensure safety and security; (2) enforce safety and
security-related regulations and requirements to assess and distribute
intelligence or law enforcement information related to security; (3)
assess and respond to threats; (4) oversee the implementation and
ensure the adequacy of security measures at facilities; (5) plan and
coordinate any actions or activities that may affect safety, security,
or the operations of facilities; or (6) issue, maintain, or review a
license, certificate, contract, grant, or other benefit.
W. To a federal agency or entity that furnished a record or
information for the purpose of permitting that agency or entity to make
a decision regarding access to or correction of the record or
information.
X. To a federal agency or entity that has information relevant to
an allegation or investigation for purposes of obtaining guidance,
additional information, or advice from such federal
[[Page 23366]]
agency or entity regarding the handling of this investigation, or to a
federal agency or entity that was consulted during the processing of
the allegation or investigation but that did not ultimately have
relevant information.
Y. 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
may be stored on magnetic disc, tape, digital media, and CD-ROM.
Retrievability:
Records may be retrieved by the individual's name, date of birth,
Alien Registration Number, Social Security number, or other unique
identifier.
Safeguards:
DHS safeguards records in this system in accordance with applicable
rules and policies, including all applicable DHS automated systems
security and access policies. DHS imposes strict controls to minimize
the risk of compromising the information that is being stored. DHS
limits access to the records in this system 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:
DHS is drafting a proposed records retention schedule for its
internal affairs records. DHS proposes that investigative, inspection,
and allegation-related files be maintained for five years after the
related case is closed. Records would then be transferred to the
Federal Records Center (FRC) and destroyed 25 years after the date of
closure for investigative files and ten years after the date of closure
for inspection and allegation-related files. Review files will be
maintained for ten years after the related case is closed. Records
would then be transferred to the FRC and retained permanently. Sexual
abuse and assault files and reports would be maintained in a secure
location for ten years after the end of the fiscal year in which the
related case is closed. Records then would be transferred to the FRC
and destroyed 20 years after the end of the fiscal year in which the
case was closed.
System Manager and address:
For Headquarters, the System Manager is the Chief Security Officer,
Department of Homeland Security, Washington, DC 20528. For Components
of DHS, the Chief Security Officer or component equivalent can be found
at http://www.dhs.gov/department-components.
Notification procedure:
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 Headquarters or Component's FOIA
Officer, 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 Lane SW., Building 410, Mail 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. Sec. 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/foia or 1-866-431-0486. In addition you should provide the
following:
Explain 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 are the subject of the
investigation or inquiry, employers, law enforcement organizations,
detention facilities, members of the public, witnesses, educational
institutions, government agencies, nongovernmental organizations,
credit bureaus, references, neighborhood checks, confidential sources,
medical service providers, personal interviews, photographic images,
military, financial institutions, citizenship, and the personnel
history and application forms of agency applicants, employees or
contractors.
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 limitations
set forth in 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(j)(2). Additionally, the Secretary of
Homeland Security has exempted this system from the following
provisions of the Privacy Act, subject to the limitations 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)(1), (k)(2), (k)(3), and (k)(5).
During the course of adjudicating a complaint, records or
information from other systems of records may become part of, merged
with, or recompiled within this system. This system may contain records
or information compiled from or based on information contained
[[Page 23367]]
in other systems of records that are exempt from certain provisions of
the Privacy Act. To the extent this occurs, DHS will claim the same
exemptions as were claimed in the original systems from which the
recompiled records, material, or information were obtained.
Dated: April 2, 2014.
Karen L. Neuman,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. 2014-09471 Filed 4-25-14; 8:45 am]
BILLING CODE 4410-11-P