From: Subject: Federal Register, Volume 73 Issue 202 (Friday, October 17, 2008) Date: Mon, 7 Jan 2013 11:56:48 -0500 MIME-Version: 1.0 Content-Type: text/html; charset="utf-8" Content-Transfer-Encoding: quoted-printable Content-Location: http://www.gpo.gov/fdsys/pkg/FR-2008-10-17/html/E8-24705.htm X-MimeOLE: Produced By Microsoft MimeOLE V6.00.2900.6157 =EF=BB=BF Federal Register, Volume 73 Issue 202 (Friday, = October 17, 2008) 
[Federal Register Volume 73, Number 202 (Friday, October 17, =
2008)]
[Notices]
[Pages 61880-61882]
From the Federal Register Online via the Government Printing Office [http://www.gpo.gov/]
[FR Doc No: E8-24705]


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DEPARTMENT OF HOMELAND SECURITY

Office of the Secretary

[Docket No. DHS-2008-0006]


Privacy Act of 1974; Department of Homeland Security Accounts=20
Payable 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=20
Department of Homeland Security's ongoing effort to review and update=20
legacy system of record notices, the Department of Homeland Security=20
proposes to consolidate three legacy record systems: Treasury/CS.207=20
Reimbursable Assignment/Workticket System, October 18, 2001, Treasury/
CS.249 Uniform Allowance-Unit Record, October 18, 2001, and Treasury/
CS.269 Accounts Payable Voucher File, October 18, 2001. This system=20
will allow the Department of Homeland Security to collect and maintain=20
payment records. Categories of individuals, categories of records, and=20
the routine uses of these legacy system of records notices have been=20
consolidated and updated to better reflect the Department's accounts=20
payable record systems. This consolidated system, titled Accounts=20
Payable, will be included in the Department's inventory of record=20
systems.

DATES: Submit comments on or before November 17, 2008.

ADDRESSES: You may submit comments, identified by docket number DHS-
2008-0006 by one of the following methods:
     Federal e-Rulemaking Portal: http://www.regulations.gov/.=20
Follow the instructions for submitting comments.
     Fax: 1-866-466-5370.
     Mail: Hugo Teufel III, Chief Privacy Officer, Privacy=20
Office, Department of Homeland Security, Washington, DC 20528.
     Instructions: All submissions received must include the=20
agency name and docket number for this rulemaking. All comments=20
received will be posted without change to http://www.regulations.gov/,=20
including any personal information provided.
     Docket: For access to the docket to read background=20
documents or comments received go to http://www.regulations.gov/.

FOR FURTHER INFORMATION CONTACT: For general questions and privacy=20
issues please contact: Hugo Teufel III (703-235-0780), Chief Privacy=20
Officer, Privacy Office, Department of Homeland Security, Washington,=20
DC 20528.

SUPPLEMENTARY INFORMATION:

I. Background

    Pursuant to the savings clause in the Homeland Security Act of=20
2002, Public Law 107-296, Section 1512, 116 Stat. 2310 (November 25,=20
2002), the Department of Homeland Security (DHS) and its components and=20
offices have relied on preexisting Privacy Act systems of records=20
notices for the collection and maintenance of records that concern the=20
Department's accounts payable records.
    As part of its efforts to streamline and consolidate its Privacy=20
Act record systems, DHS is establishing a new agency-wide system of=20
records under the Privacy Act (5 U.S.C. 552a) for the DHS accounts=20
payable records. The system will consist of both electronic and paper=20
records and will be used by DHS and its components and offices to=20
maintain accounts payable records. The data will be collected by name=20
or other unique personal identifier. This will ensure that all=20
components of DHS follow the same privacy rules for collecting and=20
handling accounts payable records. The collection and maintenance of=20
this information will assist DHS in meeting its obligation to manage=20
Departmental funds in order to ensure that DHS pays its creditors,=20
including DHS employees for travel related reimbursements, and ensures=20
that DHS has an accurate accounting of all monies which it owes and to=20
whom.
    In accordance with the Privacy Act of 1974 and as part of DHS's=20
ongoing effort to review and update legacy system of record notices,=20
DHS proposes to consolidate three legacy record systems: Treasury/
CS.207 Reimbursable Assignment/Workticket System (66 FR 52984 October=20
18, 2001), Treasury/CS.249 Uniform Allowance-Unit Record (66 FR 52984=20
October 18, 2001), and Treasury/CS.269 Accounts Payable Voucher File=20
(66 FR 52984 October 18, 2001). This system will allow DHS to collect=20
and maintain payment records. Categories of individuals, categories of=20
records, and the routine uses of these legacy system of records notices=20
have been consolidated and updated to better reflect the Department's=20
accounts payable record systems. This consolidated system, titled=20
Accounts Payable, will be included in the Department's inventory of=20
record systems.

II. Privacy Act

    The Privacy Act embodies fair information principles in a statutory=20
framework governing the means by which the United States Government=20
collects, maintains, uses, and disseminates individuals' records. The=20
Privacy Act applies to information that is maintained in a ``system of=20
records.'' A ``system of records'' is a group of any records under the=20
control of an agency for which information is retrieved by the name of=20
an individual or by some identifying number, symbol, or other=20
identifying particular assigned to the individual. In the Privacy Act,=20
an individual is defined to encompass United States citizens and legal=20
permanent residents. As a matter of policy, DHS extends administrative=20
Privacy Act protections to all individuals where systems of records=20
maintain information on U.S. citizens, lawful permanent residents, and=20
visitors. Individuals may request access to their own records that are=20
maintained in a system of records in the possession or under the=20
control of DHS by complying with DHS Privacy Act regulations, 6 CFR=20
Part 5.
    The Privacy Act requires that each agency publish in the Federal=20
Register a description denoting the type and character of each system=20
of records in order to make agency recordkeeping practices transparent,=20
to notify individuals about the use of their records, and to assist the=20
individual to more easily find files within the agency.

[[Page 61881]]

Below is a description of the Accounts Payable System of Records.
    In accordance with 5 U.S.C. 552a(r), DHS has provided a report of=20
this revised system of records to the Office of Management and Budget=20
and to the Congress.
System of Records:
    DHS/ALL-007.

System name:
    Department of Homeland Security Accounts Payable Records.

Security classification:
    Unclassified.

System location:
    Records are maintained at several Headquarters locations and in=20
component offices of DHS, in both Washington, DC and field locations.

Categories of individuals covered by the system:
    Any individual or organization who serves as a creditor to DHS,=20
including parties in interest for whom reimbursable services are=20
performed and employees for travel related reimbursements.

Categories of records in the system:
    Categories of records in this system include:
     Individual's name;
     Tax identification number, which may be social security=20
number in certain instances;
     Addresses;
     Importer of record number;
     Records of expenses (bills, refund checks, out-of-pocket=20
travel expenses);
     Records of payments;
     Disbursement schedules;
     Monies owed; 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=20
Security Act of 2002, Public Law 107-296, 6 U.S.C. 121; 19 U.S.C. 261,=20
267 & 1451; 19 CFR 24.16 & 24.17; Executive Order 11348, as =
amended by=20
Executive Order 12107; and Executive Order 9397.

Purpose(s):
    The purpose of this system is to collect and maintain the=20
information from individuals in connection with reimbursable services=20
provided to DHS to ensure the Department properly pays these=20
individuals. This system will allow DHS to maintain payment records and=20
record monies owed.

Routine uses of records maintained in the system, including categories=20
of users and the purposes of such uses:
    In addition to those disclosures generally permitted under 5 U.S.C.=20
552a(b) of the Privacy Act, all or a portion of the records or=20
information contained in this system may be disclosed outside DHS as a=20
routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:
    A. To the Department of Justice (including United States Attorney=20
Offices) or other Federal agency conducting litigation or in=20
proceedings before any court, adjudicative or administrative body when=20
it is necessary to the litigation and one of the following is a party=20
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 the=20
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=20
litigation or has an interest in such litigation, and DHS determines=20
that the records are both relevant and necessary to the litigation and=20
the use of such records is compatible with the purpose for which DHS=20
collected the records.
    B. To a congressional office from the record of an individual in=20
response to an inquiry from that congressional office made at the=20
request of the individual to whom the record pertains.
    C. To the National Archives and Records Administration or other=20
Federal government agencies pursuant to records management inspections=20
being conducted under the authority of 44 U.S.C. 2904 and 2906.
    D. To an agency, organization, or individual for the purpose of=20
performing audit or oversight operations as authorized by law, but only=20
such information as is necessary and relevant to such audit or=20
oversight function.
    E. To appropriate agencies, entities, and persons when:
    1. DHS suspects or has confirmed that the security or=20
confidentiality of information in the system of records has been=20
compromised;
    2. The Department has determined that as a result of the suspected=20
or confirmed compromise there is a risk of harm to economic or property=20
interests, identity theft or fraud, or harm to the security or=20
integrity of this system or other systems or programs (whether=20
maintained by DHS or another agency or entity) or harm to the=20
individual who relies upon the compromised information; and
    3. The disclosure made to such agencies, entities, and persons is=20
reasonably necessary to assist in connection with DHS's efforts to=20
respond to the suspected or confirmed compromise and prevent, minimize,=20
or remedy such harm.
    F. To contractors and their agents, grantees, experts, consultants,=20
and others performing or working on a contract, service, grant,=20
cooperative agreement, or other assignment for DHS, when necessary to=20
accomplish an agency function related to this system of records.=20
Individuals provided information under this routine use are subject to=20
the same Privacy Act requirements and limitations on disclosure as are=20
applicable to DHS officers and employees.
    G. To an appropriate Federal, State, tribal, local, international,=20
or foreign law enforcement agency or other appropriate authority=20
charged with investigating or prosecuting a violation or enforcing or=20
implementing a law, rule, regulation, or order, where a record, either=20
on its face or in conjunction with other information, indicates a=20
violation or potential violation of law, which includes criminal,=20
civil, or regulatory violations and such disclosure is proper and=20
consistent with the official duties of the person making the=20
disclosure.
    H. To unions recognized as exclusive bargaining representatives=20
under the Civil Service Reform Act of 1978, 5 U.S.C. 7111 and 7114.
    I. To Federal servicing agencies to reimburse individuals who=20
perform services.
    J. To the Department of the Treasury to effect disbursement of=20
authorized payments.
    K. To the news media and the public, with the approval of the Chief=20
Privacy Officer in consultation with counsel, when there exists a=20
legitimate public interest in the disclosure of the information or when=20
disclosure is necessary to preserve confidence in the integrity of DHS=20
or is necessary to demonstrate the accountability of DHS's officers,=20
employees, or individuals covered by the system, except to the extent=20
it is determined that release of the specific information in the=20
context of a particular case would constitute an unwarranted invasion=20
of personal privacy.

Disclosure to consumer reporting agencies:
    None.

[[Page 61882]]

Policies and practices for storing, retrieving, accessing, retaining,=20
and disposing of records in the system:
Storage:
    Records in this system are stored electronically or on paper in=20
secure facilities in a locked drawer behind a locked door. The records=20
are stored on magnetic disc, tape, digital media, and CD-ROM.

Retrievability:
    Data may be retrieved by an individual's name, tax identification=20
number/social security number, employee identification number, by=20
individual's importer of record number, and/or other personal=20
identifier.

Safeguards:
    Records in this system are safeguarded in accordance with=20
applicable rules and policies, including all applicable DHS automated=20
systems security and access policies. Strict controls have been imposed=20
to minimize the risk of compromising the information that is being=20
stored. Access to the computer system containing the records in this=20
system is limited to those individuals who have a need to know the=20
information for the performance of their official duties and who have=20
appropriate clearances or permissions.

Retention and disposal:
    Records are destroyed six years and three months after final=20
payment, in accordance with National Archives and Records=20
Administration General Records Schedule 3, Item 3.

System Manager and address:
    For Headquarters components of DHS, the System Manager is the=20
Director of Departmental Disclosure, Department of Homeland Security,=20
Washington, DC 20528. For components of DHS, the System Manager can be=20
found at http://www.dhs.gov/foia =
under ``contacts.''

Notification procedure:
    Individuals seeking notification of and access to any record=20
contained in this system of records, or seeking to contest its content,=20
may submit a request in writing to the Headquarters or component's FOIA=20
Officer, whose contact information can be found at http://www.dhs.gov/
foia under ``contacts.'' If an individual believes more than one=20
component maintains Privacy Act records concerning him or her the=20
individual may submit the request to the Chief Privacy Officer,=20
Department of Homeland Security, 245 Murray Drive, SW., Building 410,=20
STOP-0550, Washington, DC 20528.
    When seeking records about yourself from this system of records or=20
any other Departmental system of records your request must conform with=20
the Privacy Act regulations set forth in 6 CFR Part 5. You must first=20
verify your identity, meaning that you must provide your full name,=20
current address and date and place of birth. You must sign your=20
request, and your signature must either be notarized or submitted under=20
28 U.S.C. 1746, a law that permits statements to be made under penalty=20
of perjury as a substitute for notarization. While no specific form is=20
required, you may obtain forms for this purpose from the Director,=20
Disclosure and FOIA, http://www.dhs.gov/ or 1-866-431-0486. =
In addition=20
you should provide the following:
     An explanation of why you believe the Department would=20
have information on you,
     Identify which component(s) of the Department you believe=20
may have the information about you,
     Specify when you believe the records would have been=20
created,
     Provide any other information that will help the FOIA=20
staff determine which DHS component agency may have responsive records,
     If your request is seeking records pertaining to another=20
living individual, you must include a statement from that individual=20
certifying his/her agreement for you to access his/her records.
    Without this bulleted information the component(s) may not be able=20
to conduct an effective search, and your request may be denied due to=20
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, its components and offices, and=20
individuals submitting supporting documentation for reimbursement.

Exemptions claimed for the system:
    None.

    Dated: October 7, 2008.
Hugo Teufel III,
Chief Privacy Officer, Department of Homeland Security.
 [FR Doc. E8-24705 Filed 10-16-08; 8:45 am]
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