Privacy Act of 1974; System of Records.
| Published date | 21 December 2018 |
| Record Number | 2018-27606 |
| Court | Homeland Security Department |
Federal Register, Volume 83 Issue 245 (Friday, December 21, 2018)
[Federal Register Volume 83, Number 245 (Friday, December 21, 2018)]
[Notices]
[Pages 65705-65707]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-27606]
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DEPARTMENT OF HOMELAND SECURITY
[Docket No. DHS-2018-0067]
Privacy Act of 1974; System of Records.
AGENCY: Department of Homeland Security.
ACTION: Notice of a modified system of records.
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SUMMARY: In accordance with the Privacy Act of 1974, the Department of
Homeland Security (DHS) proposes to modify a current DHS system of
records titled ``DHS/ALL-007 Accounts Payable System of Records.'' This
system of records allows DHS to collect and maintain payment records.
DHS is updating this system of records notice (SORN) to change the
system location and clarify the authorities for which the records are
collected. DHS is also expanding the categories of records collected by
including invoices, receipts, and bank account numbers. DHS is
modifying routine use E and adding routine use F to this SORN to comply
with Office of Management and Budget (OMB) Memorandum M-17-12. Routine
use L is also being modified to account for sharing payment information
with the Department of Treasury to determine an individual's
eligibility to receive federal payments. Additionally, this notice
includes non-substantive changes to simplify the formatting and text of
the previously published notice.
DATES: Submit comments on or before January 22, 2019. This modified
system will be effective upon publication. New or modified routine uses
will be effective January 22, 2019.
ADDRESSES: You may submit comments, identified by docket number DHS-
2018-0067 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: Philip S. Kaplan, Chief Privacy Officer, Privacy
Office, Department of Homeland Security, Washington, DC 20528-0655.
Instructions: All submissions received must include the agency name
and docket number DHS-2018-0067. 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 for privacy
issues, please contact: Philip S. Kaplan, Privacy@hq.dhs.gov, (202)
343-1717, Chief Privacy Officer, Privacy Office, Department of Homeland
Security, Washington, DC 20528-0655.
SUPPLEMENTARY INFORMATION:
I. Background
DHS is modifying and reissuing DHS/ALL-007 Accounts Payable SORN.
DHS uses records covered by this SORN to meet its obligation to manage
Departmental funds and ensure that DHS pays its creditors, including
DHS employees for travel related reimbursements, and ensures that DHS
has an accurate accounting of money it owes. DHS is updating this SORN
to provide notice that the location of financial management activities
for all DHS Components will be housed at DHS facilities and on DHS
information systems, instead of the Department of Interior as was
stated in the previous SORN. DHS is also clarifying its authorities to
collect accounts payable information.
The Department is expanding the categories of records contained in
this SORN to include bank account information, invoices, and receipts,
to more accurately reflect the financial records needed by DHS to
verify monies owed and track payments to individuals. Further, routine
use E is being modified and routine use F is being added to be in
conformity with OMB Memorandum M-17-12. Routine Use L is being modified
to incorporate information sharing with the Department of Treasury's
``Do Not Pay'' program, which determines federal eligibility for
dispersment of payments by checking death records, federal debt
records, and lists of sanctioned individuals. Additionally, this notice
includes non-substantive changes to simplify the formatting and text of
the previously published notice.
This system of records does not include information to enable
travel service providers under contract to the Federal Government to
authorize, issue, or account for travel and travel reimbursements
provided to individuals on official Federal Government business, which
are covered under GSA/GOVT-4 Contracted Travel Services Program, 74 FR
26700 (June 3, 2009), and GSA/GOVT-4 Contracted Travel Services
Program, 74 FR 28048 (June 12, 2009).
Consistent with DHS's information sharing mission, information
stored in the DHS/ALL-007 Accounts Payable system of records may be
shared with other 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, DHS may share information with appropriate federal, state,
local, tribal, territorial, foreign, and international government
agencies, members of the public, and other entities consistent with the
routine uses set forth in this system of records notice. This updated
system will be included in DHS's inventory of record systems.
II. Privacy Act
The Privacy Act embodies fair information practice principles in a
statutory framework governing the means by which Federal Government
agencies collect, maintain, use, and disseminate 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 U.S. citizens and lawful
permanent residents. Additionally, the Judicial Redress Act (JRA)
provides covered persons with a statutory right to make requests for
access and amendment to covered records, as defined by the JRA, along
with judicial review for denials of such requests. In addition, the JRA
prohibits disclosures of covered records, except as otherwise permitted
by the Privacy Act.
Below is a description of the DHS/ALL-007 Accounts Payable 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 Congress.
SYSTEM NAME AND NUMBER
Department of Homeland Security (DHS)/ALL-007 Accounts Payable.
SECURITY CLASSIFICATION:
Unclassified.
[[Page 65706]]
SYSTEM LOCATION:
Records are maintained at several Headquarters locations and in
Component offices of DHS, in both Washington, DC and field offices.
SYSTEM MANAGER(S):
The Chief Financial Officer, Financial Management Division, ocfo-fmd@hq.dhs.gov, Department of Homeland Security, Washington, DC 20528.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
5 U.S.C. 5701 et seq., Travel, Transportation, and Subsistence; 44
U.S.C. 3101; 19 U.S.C. 1451; 31 U.S.C. 7701(c); the Chief Financial
Officers Act of 1990, Public Law 101-576; Digital Accountability and
Transparency Act (DATA Act) of 2014, Public Law 113-101, sec. 5; Debt
Collection Improvement Act of 1996, Public Law 104-134; and 6 CFR part
11, subpart A--Debt Collection.
PURPOSE(S) OF THE SYSTEM:
The purpose of this system is to collect and maintain information
from individuals in connection with reimbursable services provided to
DHS to ensure the Department properly pays these individuals. This
system will allow DHS to maintain payment records and record monies
owed.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Categories of individuals include any individual or organization
that serves as a creditor to DHS, including parties in interest for
which reimbursable services are performed and employees for travel
related reimbursements.
CATEGORIES OF RECORDS IN THE SYSTEM:
Categories of records in this system includes:
Individual's name;
Date of birth;
Employee identification number;
Tax identification number, which may be a Social Security
number in certain instances;
Addresses and other general contact information, such as
phone numbers, facsimile numbers, or email addresses;
Importer of record number;
Records of expenses (bills, refund checks, receipts, out-
of-pocket travel expenses);
Records of payments;
Disbursement schedules;
Bank account information;
Invoices
Monies owed; and
Electronic financial institution data.
RECORD SOURCE CATEGORIES:
Records are obtained from DHS, its Components and offices, and
individuals submitting supporting documentation for reimbursement.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND 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 (DOJ), including Offices of the
United States Attorneys, or other federal agency conducting litigation
or in proceedings before any court, adjudicative, or administrative
body when it is relevant or 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 or former employee of DHS in his/her official
capacity;
3. Any employee or former employee of DHS in his/her individual
capacity when DOJ or DHS has agreed to represent the employee; or
4. The United States 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 or General
Services Administration pursuant to records management inspections
being conducted under the authority of 44 U.S.C. 2904 and 2906.
D. To an agency or organization 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 there has been a breach of the system of
records; (2) DHS has determined that as a result of the suspected or
confirmed breach there is a risk of harm to individuals, DHS (including
its information systems, programs, and operations), the Federal
Government, or national security; 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
breach or to prevent, minimize, or remedy such harm.
F. To another Federal agency or Federal entity, when DHS determines
that information from this system of records is reasonably necessary to
assist the recipient agency or entity in (1) responding to a suspected
or confirmed breach or (2) preventing, minimizing, or remedying the
risk of harm to individuals, the recipient agency or entity (including
its information systems, programs, and operations), the Federal
Government, or national security, resulting from a suspected or
confirmed breach.
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 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.
I. To unions recognized as exclusive bargaining representatives
under the Civil Service Reform Act of 1978, 5 U.S.C. 7111 and 7114.
J. To the Merit Systems Protection Board, arbitrators, the Federal
Labors Relations Authority, Equal Employment Opportunity Commission,
and other parties responsible for the administration of the Federal
Labor-Management Program for the purpose of processing any corrective
actions, grievances, or conducting administrative hearings or appeals,
or if needed in the performance of other similar authorized duties.
K. To federal agencies that provide financial management services
for DHS Components under a cross-servicing agreement for purposes such
as budgeting, purchasing, procurement, reimbursement, reporting, and
collection functions.
L. To the Department of the Treasury to verify eligibility for
payment and to effect disbursement of authorized payments.
M. 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
[[Page 65707]]
interest in the disclosure of the information, when disclosure is
necessary to preserve confidence in the integrity of DHS, or when
disclosure is necessary to demonstrate the accountability of DHS's
officers, employees, or individuals covered by the system, except to
the extent the Chief Privacy Officer determines that release of the
specific information in the context of a particular case would
constitute an unwarranted invasion of personal privacy.
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
DHS stores records in this system electronically or on paper in
secure facilities in a locked drawer behind a locked door. The records
may be stored on magnetic disc, tape, and digital media.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Records may be retrieved by an individual's name, tax
identification number/Social Security number, employee identification
number, or other personal identifier referenced in the categories of
records in the system.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
DHS destroys records six years after final payment or cancellation,
or longer if required for a business use, in accordance with National
Archives and Records Administration (NARA) General Records Schedule
1.1, Financial Management and Reporting Records, item 010, and DAA-GRS-
2013-0003-0001.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
DHS safeguards records in this system according to applicable rules
and policies, including all applicable DHS automated systems security
and access policies. DHS has imposed strict controls 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.
RECORD ACCESS PROCEDURES:
Individuals seeking access to and notification of any record
contained in this system of records, or seeking to contest its content,
may submit a request in writing to the Chief Privacy Officer and
Headquarters or Component's Freedom of Information Act (FOIA) Officer,
whose contact information can be found at http://www.dhs.gov/foia under
``Contact Information.'' 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, Washington, DC 20528-0655. Even if neither the Privacy Act
nor the Judicial Redress Act provide a right of access, certain records
about you may be available under the Freedom of Information Act.
When an individual is seeking records about himself or herself from
this system of records or any other Departmental system of records, the
individual's request must conform with the Privacy Act regulations set
forth in 6 CFR part 5. The individual must first verify his or her
identity, meaning that the individual must provide his or her full
name, current address, and date and place of birth. The individual must
sign the request, and the individual's 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, an individual 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, the individual should:
Explain why he or she believes the Department would have
information on him or her;
Identify which Component(s) of the Department the
individual believes may have the information about him or her;
Specify when the individual believes the records would
have been created; and
Provide any other information that will help the FOIA
staff determine which DHS Component agency may have responsive records.
If an individual's request is seeking records pertaining to another
living individual, the person seeking the records must include a
statement from the subject individual certifying his or her agreement
for the requestor to access his or her records.
Without the above information, the Component(s) may not be able to
conduct an effective search, and the individual's request may be denied
due to lack of specificity or lack of compliance with applicable
regulations.
CONTESTING RECORD PROCEDURES:
For records covered by the Privacy Act or covered JRA records,
individuals may make a request for amendment or correction of a record
of the Department about the individual by writing directly to the
Department component that maintains the record, unless the record is
not subject to amendment or correction. The request should identify
each particular record in question, state the amendment or correction
desired, and state why the individual believes that the record is not
accurate, relevant, timely, or complete. The individual may submit any
documentation that would be helpful. If the individual believes that
the same record is in more than one system of records, the request
should state that and be addressed to each component that maintains a
system of records containing the record.
NOTIFICATION PROCEDURES:
See ``Record Access Procedures.''
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
80 FR 58289 (September 28, 2015); 73 FR 61885 (October 17, 2008).
Philip S. Kaplan,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. 2018-27606 Filed 12-20-18; 8:45 am]
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