26 September 2003
Source: http://www.access.gpo.gov/su_docs/aces/fr-cont.html

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[Federal Register: September 26, 2003 (Volume 68, Number 187)]
[Notices]
[Page 55642-55643]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26se03-77]

[[Page 55642]]

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DEPARTMENT OF HOMELAND SECURITY

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


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

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

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

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

System Name:
    SAFETY Act Records.

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

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

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

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

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

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

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

[[Page 55643]]

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

Disclosure to consumer reporting agencies:
    Not applicable.

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

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

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

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

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

Notification procedure:
    To obtain notification of whether the system contains a record
pertaining to a particular individual, that person must submit a
written request under procedures prescribed pursuant to the DHS's
Freedom of Information Act/Privacy Act regulations, 68 FR 4056, January
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
system has erroneously recorded or omitted information that is
collected and maintained by the system, the individual will be afforded
the opportunity to register, change, or delete that information.

Record source categories:
    Individuals who submit technologies for designation or
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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