From: Subject: FR Doc 03-24423 Date: Thu, 17 Dec 2009 15:04:03 -0500 MIME-Version: 1.0 Content-Type: text/html; charset="Windows-1252" Content-Transfer-Encoding: quoted-printable Content-Location: http://edocket.access.gpo.gov/2003/03-24423.htm X-MimeOLE: Produced By Microsoft MimeOLE V6.00.2900.5579 FR Doc 03-24423 
[Federal Register: September 26, 2003 (Volume 68, Number 187)]
[Notices]              =20
[Page 55642-55643]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26se03-77]                        =20


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DEPARTMENT OF HOMELAND SECURITY

[DHS/S&T-N-2003-0001]

=20
Privacy Act of 1974; System of Records

AGENCY: Department of Homeland Security.

ACTION: Notice of new Privacy Act system of records.

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SUMMARY: The Department of Homeland Security (DHS) proposes a new=20
system of records subject to the Privacy Act of 1974, as amended. This=20
system, if adopted, will include personal information pertaining to=20
individuals who submit information to DHS related to applications for=20
designation of a technology as a Qualified Anti-Terrorism Technology=20
(QATT) or for certification of a QATT for purposes of the government=20
contractor defense and inclusion on an approved product list for DHS,=20
both under provisions of Subtitle G of Title VIII of the Homeland=20
Security Act of 2002--the Support Anti-Terrorism by Fostering Effective=20
Technologies Act of 2002 (``the SAFETY Act'' or ``the Act''). The=20
Homeland Security Act of 2002 is Public Law 107-296, 6 U.S.C. 441-444.=20
System records will be disclosed to government contractors for=20
processing, and some records may be disclosed to members of the public=20
who request such disclosure.

DATES: Written comments must be submitted on or before October 27,=20
2003.

ADDRESSES: Please address your comments to the Privacy Office, U.S.=20
Department of Homeland Security, Washington, DC 20528. You must=20
identify the Docket Number DHS/S&T-N-2003-0001 at the beginning of =
your=20
comments, and you should submit two copies of the comments. You may also =
submit comments via e-mail at privacy@dhs.gov. Please reference=20
the Docket Number shown above in the subject line of the e-mail. If you=20
wish to receive confirmation that DHS has received your comments,=20
please include a self-addressed, stamped postcard with your request.=20
DHS will make comments received available online at http://frwebgate.=
access.gpo.gov/cgi-bin/leaving.cgi?from=3DleavingFR.html&log=3Dlinklo=
g&to=3Dhttp://www.dhs.gov.

FOR FURTHER INFORMATION CONTACT: If you have any questions about this=20
notice, please call Nuala O'Connor Kelly, Privacy Officer, U.S.=20
Department of Homeland Security, Washington, DC 20528, Phone: 202-282-
8000; Fax: 202-772-9738.

SUPPLEMENTARY INFORMATION: In accordance with the Privacy Act of 1974,=20
as amended, 5 U.S.C. 552a, the DHS is publishing this notice of a=20
proposed new agency system of records, to be designated as ``SAFETY Act=20
Records''. This system is intended to provide information pertinent to=20
technologies submitted to DHS for designation or certification, or=20
both, under provisions of the SAFETY Act.
    The purpose of the proposed records system, if adopted, would be to=20
create a list of technologies submitted by individuals, business=20
entities, and other entities seeking liability protection under=20
provisions of the SAFETY Act. The SAFETY Act provides incentives for=20
the development and deployment of anti-terrorism technologies by=20
creating a system of risk management and litigation management. The=20
purpose of the Act is to ensure that the threat of liability does not=20
deter potential manufacturers or sellers of anti-terrorism technologies=20
from developing and commercializing technologies that could save lives.=20
The Act therefore creates certain liability limitations for ``claims=20
arising out of, relating to, or resulting from an act of terrorism''=20
where qualified anti-terrorism technologies have been deployed. The Act=20
does not limit liability for harms caused by anti-terrorism=20
technologies where no act of terrorism has occurred.
    The DHS intends to compile and maintain these records in a secure=20
electronic database designed, developed, operated and serviced by=20
agency and/or contractor personnel who will be bound by restrictions of=20
the Privacy Act. The system would be under the general supervision of=20
the Office of Science and Technology, with technical support from the=20
DHS's Office of the Chief Information Officer.
    The DHS anticipates that the information collected and maintained=20
in the proposed system may include, at a minimum, telephone numbers,=20
home addresses, and other identifying information for individuals who=20
submit technologies for designation or certification under the Act, as=20
described above. It is anticipated that the number of such individual=20
submitters may be very small relative to the total number of other=20
submitters who submit technologies for certification or approval under=20
the Act.
    The DHS intends to use electronic means for collecting this=20
information. System records would be subject to appropriate safeguards=20
to prevent unauthorized disclosure or tampering.
    The DHS is seeking public comments on the proposed system of=20
records as described above.
S&T .0001

System Name:
    SAFETY Act Records.

Security classification:
    The proposed system may include national security classified=20
information.

System location:
    Office of Science and Technology, U.S. Department of Homeland=20
Security, Washington, D.C. 20528. System records may be maintained, in=20
whole or in part, by off-site contractors.

Categories of individuals covered by the system:
    Individuals who submit technologies for designation or=20
certification under the SAFETY Act, and who voluntarily submit=20
protected personal information in connection with the submission.

Categories of records in the system:
    For Privacy Act purposes, home telephone numbers and home=20
addresses, and possibly other personal identification information, for=20
individual submitters.

Authority for maintenance of the system:
    Subtitle G of Title VIII of the Homeland Security Act of 2002 (Pub.=20
L. 107-296)--the Support Anti-terrorism by Fostering Effective=20
Technologies Act of 2002.

Purpose(s):
    To maintain records of technologies submitted for designation or=20
certification under the SAFETY Act.

Routine uses of records maintained in the system, including categories=20
of users and the purposes of such uses:
    Records from this system may be disclosed as permitted by 5 U.S.C.=20
552a(b). Records may be made available to contractors supporting DHS=20
and the SAFETY Act records. Records may be made available or referred=20
on an automatic basis to other Federal, state or local government=20
authorities for regulatory, compliance, or law enforcement purposes.=20
Records may be disclosed to contractors, grantees, experts,=20
consultants, students, and others performing or working on a contract,=20
service, grant, cooperative agreement or other assignment for the DHS,=20
when necessary to accomplish an agency function related to this system=20
of records. Records may be disclosed to a court, magistrate, or=20
administrative tribunal in the course of presenting evidence, including=20
disclosures to opposing counsel or witnesses in the course of civil=20
discovery, litigation or settlement negotiations in response to a=20
subpoena where relevant or potentially

[[Page 55643]]

relevant to a proceeding, or in connection with criminal law=20
proceedings. Information permitted to be released to the news media and=20
the public may be made available unless it is determined that release=20
of the specific information would constitute an unwarranted invasion of=20
personal privacy. Information may be disclosed as necessary to respond=20
to inquiries by Members of Congress on behalf of individual=20
constituents who apply for SAFETY Act funding. A record may be=20
disclosed as a routine use to the National Archives and Records=20
Administration and to the General Services Administration in records=20
management inspections conducted under the authority of 44 U.S.C. 2904=20
and 2906.

Disclosure to consumer reporting agencies:
    Not applicable.

Policies and practices for storing, retrieving, accessing, retaining,=20
and disposing of records in the system:
Storage:
    Stored in a computer database maintained on magnetic disks and=20
tape, or other electronic systems determined by DHS. Paper copies will=20
also be retained.

Retrievability:
    Retrievable by the names of individual submitters of technologies=20
for designation or certification under the SAFETY Act or by a=20
particular identifying number.

Safeguards:
    Access to computerized records by electronic security precautions.=20
With the exception of those uses discussed under the Routine Use of=20
Records section of this notice, access restricted to agency personnel=20
and contractors whose responsibilities require access.

Retention and disposal:
    Records retained for an initial period of six years, and for=20
additional six year periods if renewed.

System manager(s) and address:
    Office of Science and Technology, U.S. Department of Homeland=20
Security, Washington, DC 20528.

Notification procedure:
    To obtain notification of whether the system contains a record=20
pertaining to a particular individual, that person must submit a=20
written request under procedures prescribed pursuant to the DHS's=20
Freedom of Information Act/Privacy Act regulations, 68 FR 4056, January=20
27, 2003, to be codified at 6 CFR part 5.

Record access procedures:
    See notification procedures above.

Contesting record procedures:
    See notification procedures above. Where an individual believes the=20
system has erroneously recorded or omitted information that is=20
collected and maintained by the system, the individual will be afforded=20
the opportunity to register, change, or delete that information.

Record source categories:
    Individuals who submit technologies for designation or=20
certification under the SAFETY Act.

Exemptions claimed for the system:
    None.

    Dated: September 23, 2003.
Nuala O'Connor Kelly,
Privacy Officer.
[FR Doc. 03-24423 Filed 9-23-03; 2:46 pm]

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