Sorn

Federal Register / Vol. 73, No. 202 / Friday, October 17, 2008 / Notices
18, Security and Protective Services,
Item 11.
SYSTEM MANAGER AND ADDRESS:

For Headquarters and components of
DHS, the System Manager is the
Director of Departmental Disclosure,
Department of Homeland Security,
Washington, DC 20528. For components
of DHS, the System Manager can be
found at http://www.dhs.gov/foia under
‘‘contacts.’’

sroberts on PROD1PC70 with NOTICES

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,
Department of Homeland Security, 245
Murray Drive, SW., Building 410,
STOP–0550, 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 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,
• 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,
• 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

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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:

Information originates within DHS
and its components, supervisors, union
representatives, and employees who
submit a grievance or appeal.
EXEMPTIONS CLAIMED FOR THE SYSTEM:

The Secretary of Homeland Security
has exempted this system from
subsections (c)(3) and (4); (d); (e)(1), (2),
(3), (5), and (8); and (g) of the Privacy
Act pursuant to 5 U.S.C. 552a(j)(2). In
additional, the Secretary of Homeland
Security has exempted this system from
subsections (c)(3), (d), (e)(1), (e)(4)(G),
(H), (I), and (f) of the Privacy Act
pursuant to 5 U.S.C. 552a(k)(1), (2), (3)
and (5).
Dated: October 7, 2008.
Hugo Teufel III,
Chief Privacy Officer, Department of
Homeland Security.
[FR Doc. E8–24741 Filed 10–16–08; 8:45 am]
BILLING CODE 4410–10–P

DEPARTMENT OF HOMELAND
SECURITY
Office of the Secretary
[Docket No. DHS–2008–0008]

Privacy Act of 1974; Department of
Homeland Security Accounts
Receivable System of Records
Privacy Office; DHS.
ACTION: Notice of Privacy Act system of
records.
AGENCY:

SUMMARY: In accordance with the
Privacy Act of 1974 and as part of the
Department of Homeland Security’s
ongoing effort to review and update
legacy system of record notices, the
Department of Homeland Security
proposes to consolidate five legacy
record systems: Treasury/CS.005
Accounts Receivable, October 18, 2001,
Treasury/CS.030 Bankrupt Parties-InInterest, October 18, 2001, Treasury/
CS.031 Bills Issued Files, October 18,
2001, Treasury/CS.211 Sanction List,
October 18, 2001, and FEMA/OC–2,
Debt Collection Files, December 3, 1993,
into one Department-wide system of
records. This system will allow the
Department to collect and maintain

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61885

records of debts owed to the
Department. Categories of individuals,
categories of records, and the routine
uses of these legacy system of records
notices have been consolidated and
updated to better reflect the
Department’s accounts receivable record
systems. This consolidated system,
titled Accounts Receivable, will be
included in the Department’s inventory
of records systems.
DATES: Submit comments on or before
November 17, 2008.
ADDRESSES: You may submit comments,
identified by docket number DHS–
2008–0008 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: Hugo Teufel III, 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
personally identifiable 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: Hugo Teufel III (703–
235–0780), Chief Privacy Officer,
Privacy Office, Department of Homeland
Security, Washington, DC 20528.
SUPPLEMENTARY INFORMATION:
I. Background
Pursuant to the savings clause in the
Homeland Security Act of 2002, Public
Law 107–296, Section 1512, 116 Stat.
2310 (November 25, 2002), the
Department of Homeland Security
(DHS) and its components and offices
have relied on preexisting Privacy Act
system of records notices for the
collection and maintenance of records
that concern DHS’s accounts receivable
records.
As part of its efforts to streamline and
consolidate its Privacy Act records
systems, DHS is establishing a new
agency-wide system of records under
the Privacy Act (5 U.S.C. 552a) for DHS
accounts receivable records. This will
ensure that all components of DHS
follow the same privacy rules for
collecting and maintaining accounts
receivable records. This system will
consist of both electronic and paper

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records and will be used by DHS and its
components and offices to collect and
maintain accounts receivable records.
The data will be collected and
maintained by name and other unique
personal identifier. The collection and
maintenance of accounts receivable
information assists DHS in meeting its
obligation to manage Departmental
funds and ensures that the Department
has an accurate accounting of all the
money which it is owed.
In accordance with the Privacy Act of
1974 and as part of DHS’s ongoing effort
to review and update legacy system of
record notices, DHS proposes to
consolidate five legacy record systems:
Treasury/CS.005 Accounts Receivable
(66 FR 52984 October 18, 2001),
Treasury/CS.030 Bankrupt Parties-InInterest (66 FR 52984 October 18, 2001),
Treasury/CS.031 Bills Issued Files (66
FR 52984 October 18, 2001), Treasury/
CS.211 Sanction List (66 FR 52984
October 18, 2001), and FEMA/OC–2,
Debt Collection Files (Last revised as 58
FR 63986, formerly FEMA/RMA–9,
Claims Collection Files, 52 FR 324
December 3, 1993) into one DHS-wide
system of records. This system will
allow DHS to collect and maintain
records of debts owed to the
Department. Categories of individuals,
categories of records, and the routine
uses of these legacy system of records
notices have been consolidated and
updated to better reflect the
Department’s accounts receivable record
systems. This consolidated system,
titled Accounts Receivable, will be
included in the Department’s inventory
of records 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 legal
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

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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 of the Account
Receivable 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:

DHS/ALL–008.
SYSTEM NAME:

Department of Homeland Security
Accounts Receivable Records.
SECURITY CLASSIFICATION:

Unclassified.
SYSTEM LOCATION:

Records are maintained at several
Headquarters locations and in
component offices of DHS, in both
Washington, DC and field locations.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:

Any individual who is indebted to
DHS.
CATEGORIES OF RECORDS IN THE SYSTEM:

Categories of records in this system
include:
• Individual’s name;
• Social security number;
• Addresses;
• Waiver of Debt Letter of Appeal;
• Receipts;
• Notices of debts;
• Invoices;
• Record of payments, including
refunds and overpayments;
• Number and amount of unpaid or
overdue bills;
• Record of satisfaction of debt or
referral for further action;
• Correspondence and
documentation with debtors and
creditors; and
• Electronic financial institution data.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

5 U.S.C. 301; The Federal Records
Act, 44 U.S.C. 3101; The Homeland
Security Act of 2002, Public Law 107–
296, 6 U.S.C. 121; Public Law 89–508;
Federal Claims Collection Act of 1966,
31 U.S.C. 3701; Executive Order 9373.

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PURPOSE(S):

The purpose of this system is to keep
track of debts owed to 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.
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
(including United States 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 Department
of Justice 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. The Department 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

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Federal Register / Vol. 73, No. 202 / Friday, October 17, 2008 / Notices
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 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.
I. To a Federal, State, or local agency
so that the agency may adjudicate an
individual’s eligibility for a benefit.
J. To the Department of Justice or
other Federal agency for further
collection action on any delinquent debt
when circumstances warrant.
K. To a debt collection agency for the
purposes of debt collection.
L. To requesting agencies or nonFederal entities under approved
computer matching efforts to improve
program integrity and to collect debts
and other money owed under those
programs (e.g. matching for delinquent
loans or other indebtedness to the
Government). Computer matching
efforts are limited only to those data
elements considered relevant to making
a determination of eligibility under a
particular benefit program administered

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by those agencies or entities, or by the
Department of Treasury, or any
constituent unit of the Department.
M. To unions recognized as exclusive
bargaining representatives under the
Civil Service Reform Act of 1978, 5
U.S.C. 7111 and 7114, the Merit
Systems Protection Board, arbitrators,
the Federal Labor Relations Authority,
and other parties responsible for the
administration of the Federal labormanagement program for the purpose of
processing any corrective actions, or
grievances, or conducting
administrative hearings or appeals, or if
needed in the performance of other
authorized duties.
N. To Federal servicing agencies to
record payments received;
O. To the General Accounting Office,
Department of Justice, or a United States
Attorney, copies of the Debt Collection
Officer’s file regarding the debt and
actions taken to attempt to collect
monies owed.
P. To the news media and the public,
with the approval of the Chief Privacy
Officer in consultation with counsel,
when there exists a legitimate public
interest in the disclosure of the
information 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:

To consumer reporting agencies, as
defined in the Fair Credit Reporting Act,
15 U.S.C. 1681a(f) or the Federal Claims
Act of 1966, 31 U.S.C. 3701(a)(3).
Disclosure to consumer reporting
agencies is made pursuant to 5 U.S.C.
552a(b)(12).
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:

Data may be retrieved by an
individual’s name, personnel number,
social security number, and/or other
personal identifier.

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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:

Records are destroyed six years and
three months after period covered by the
account, in accordance with National
Archives and Records Administration
General Records Schedule 6, Item 1 and
Item 10.
SYSTEM MANAGER AND ADDRESS:

For Headquarters components of DHS,
the System Manager is the Director of
Departmental Disclosure, Department of
Homeland Security, Washington, DC
20528. For components of DHS, the
System Manager can be found at
http://www.dhs.gov/foia under
‘‘contacts.’’
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,
Department of Homeland Security, 245
Murray Drive, SW., Building 410,
STOP–0550, 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 Director, Disclosure and FOIA,
http://www.dhs.gov or 1–866–431–0486.

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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,
• 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:

Information originates with DHS and
its components.
EXEMPTIONS CLAIMED FOR THE SYSTEM:

None.
Dated: October 7, 2008.
Hugo Teufel III,
Chief Privacy Officer, Department of
Homeland Security.
[FR Doc. E8–24749 Filed 10–16–08; 8:45 am]
BILLING CODE 4410–10–P

DEPARTMENT OF HOMELAND
SECURITY
Office of the Secretary
[Docket No. DHS–2008–0022]

Privacy Act of 1974; Department of
Homeland Security Emergency
Personnel Location Records System of
Records
Privacy Office; DHS.
Notice of Privacy Act system of

AGENCY:
ACTION:

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records.
SUMMARY: In accordance with the
Privacy Act of 1974 and as part of the
Department of Homeland Security’s
ongoing effort to review and update
legacy system of record notices, the
Department of Homeland Security
proposes to consolidate two legacy
record systems: FEMA/NP–1 Emergency

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Jkt 217001

Assignment Records, September 7,
1990, and FEMA/NP–2 Key Personnel
Central Locator List, September 7, 1990,
into one Department of Homeland
Security-wide system of records. This
system will allow the Department of
Homeland Security and its components
to contact necessary Departmental
personnel, including Federal employees
and contractors, and other individuals
to respond to all hazards emergencies
including technical, manmade or
natural disasters, or to participate in
exercises. Categories of individuals,
categories of records, and the routine
uses of these legacy system of records
notices have been consolidated and
updated to better reflect the
Department’s emergency personnel
location record systems. This
reclassified system, titled Emergency
Personnel Location Records, will be
included in the Department’s inventory
of record systems.
DATES: Submit comments on or before
November 17, 2008.
ADDRESSES: You may submit comments,
identified by docket number DHS–
2008–0022 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: Hugo Teufel III, 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 and privacy issues
please contact: Hugo Teufel III (703–
235–0780), Chief Privacy Officer,
Privacy Office, Department of Homeland
Security, Washington, DC 20528.
SUPPLEMENTARY INFORMATION:
I. Background
Pursuant to the savings clause in the
Homeland Security Act of 2002 Public
Law 107–296, Section 1512, 116 Stat.
2310 (November 25, 2002), the
Department of Homeland Security
(DHS) and its components and offices
have relied on preexisting Privacy Act
systems of records notices for the
collection and maintenance of records
that concern key DHS personnel (to

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include Federal employees and
contractors) and other individuals who
may be required to respond to all
hazards emergencies including
technical, manmade or natural disasters,
or to participate in exercises.
As part of its efforts to streamline and
consolidate its Privacy Act record
systems, DHS is establishing an agencywide system of records under the
Privacy Act (5 U.S.C. 552a) for DHS
Emergency Personnel Location records.
This will ensure that all components of
DHS follow the same privacy rules for
collecting and handling Emergency
Personnel Location records.
In accordance with the Privacy Act of
1974 and as part of DHS’s ongoing effort
to review and update legacy system of
record notices, DHS proposes to
consolidate two legacy record systems:
FEMA/NP–1 Emergency Assignment
Records (55 FR 37182 September 7,
1990) and FEMA/NP–2 Key Personnel
Central Locator List (55 FR 37182
September 7, 1990) into one DHS-wide
system of records. This system will
allow DHS and its components to
contact necessary DHS personnel,
including Federal employees and
contractors, and other individuals to
respond to all hazards emergencies
including technical, manmade or
natural disasters, or to participate in
exercises. Categories of individuals,
categories of records, and the routine
uses of these legacy system of records
notices have been consolidated and
updated to better reflect the
Department’s emergency personnel
location record systems. This
reclassified system, titled Emergency
Personnel Location Records, will be
included in the Department’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 legal
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,

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