Notice2021-14277
Privacy Act of 1974; System of Records
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Published
July 6, 2021
Issuing agencies
Agriculture DepartmentForest Service
Abstract
In accordance with the Privacy Act of 1974, and Office of Management and Budget (OMB) Circular No. A-108, the U.S. Department of Agriculture (USDA or Department) proposes to modify the current system of records entitled "Department of Agriculture, Forest Service, FS- 33--Law Enforcement and Investigative Records" (LEIRS). This system allows Law Enforcement and Investigations to record claims and criminal activities in the National Forests which include verified violations of criminal statutes and/or Agency policy, as well as situations that may result in civil claims for or against the government. This information helps the Agency meet its objective of contributing to Officers, Forest Service employees, and National Forest visitor safety.
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<title>Federal Register, Volume 86 Issue 126 (Tuesday, July 6, 2021)</title>
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[Federal Register Volume 86, Number 126 (Tuesday, July 6, 2021)]
[Notices]
[Pages 35465-35468]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-14277]
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DEPARTMENT OF AGRICULTURE
Forest Service
Privacy Act of 1974; System of Records
AGENCY: Forest Service, U.S. Department of Agriculture.
ACTION: Notice of a modified system of records.
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SUMMARY: In accordance with the Privacy Act of 1974, and Office of
Management and Budget (OMB) Circular No. A-108, the U.S. Department of
Agriculture (USDA or Department) proposes to modify the current system
of records entitled ``Department of Agriculture, Forest Service, FS-
33--Law Enforcement and Investigative Records'' (LEIRS). This system
allows Law Enforcement and Investigations to record claims and criminal
activities in the National Forests which include verified violations of
criminal statutes and/or Agency policy, as well as situations that may
result in civil claims for or against the government. This information
helps the Agency meet its objective of contributing to Officers, Forest
Service employees, and National Forest visitor safety.
DATES: This notice is applicable upon publication, subject to a 30-day
period in which to comment on the routine uses described below.
Comments must be submitted by August 5, 2021.
ADDRESSES: You may submit comments, identified by docket number FS-
2021-0002 by one of the following methods:
<bullet> Federal e-Rulemaking Portal: <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
Follow the instructions for submitting comments.
<bullet> Email: Curtis Davis, <a href="/cdn-cgi/l/email-protection#d6b5a3a4a2bfa5f8b2b7a0bfa596a3a5b2b7f8b1b9a0"><span class="__cf_email__" data-cfemail="a5c6d0d7d1ccd68bc1c4d3ccd6e5d0d6c1c48bc2cad3">[email protected]</span></a>.
<bullet> Mail: Director, Law Enforcement and Investigations (Mail
Stop 1140), USDA Forest Service, P.O. Box 96090, Washington, DC 20250.
Instructions: All submissions must include the Agency name and
docket number for this rulemaking. All comments received will be posted
without change to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, including any personal
information provided.
Docket: For access to the docket, to read background document, or
comments received, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
FOR FURTHER INFORMATION CONTACT: For general questions please contact:
U.S. Department of Agriculture, Forest Service, Law Enforcement and
Investigations Staff, Curtis Davis, (703) 605-4730, or Fax (703) 605-
5114, or email <a href="/cdn-cgi/l/email-protection#b9dacccbcdd0ca97ddd8cfd0caf9cccaddd897ded6cf"><span class="__cf_email__" data-cfemail="f0938582849983de9491869983b085839491de979f86">[email protected]</span></a>, 1400 Independence Avenue SW,
(Mail Stop 1140), Washington, DC 20250. For privacy questions, please
contact: Sullie Coleman, Chief Privacy Officer, Office of the Chief
Information Officer, Department of Agriculture, Washington, DC 20250 or
at <a href="/cdn-cgi/l/email-protection#7a090f1616131f541915161f171b143a0f091e1b541d150c"><span class="__cf_email__" data-cfemail="4231372e2e2b276c212d2e272f232c02373126236c252d34">[email protected]</span></a> or by phone at (202) 604-0467.
SUPPLEMENTARY INFORMATION: The purpose of changes to this system of
records are:
1. To provide the procedures that allow individuals to gain access
to their information maintained in its System of Records Notice (SORN)
as outlined in section 6 (Notice) and section 7 (Access, Redress, and
Correction) of the LEIRS, formally known as LEIMARS, Privacy Impact
Assessment (PIA).
2. To reflect changes in practice and policy that affect the
personally identifiable information (PII) maintained in its system of
records. The LEIRS, formally known as LEIMARS, database system is not
accessible to the public. The information is shared on a need-to-know
basis with Law Enforcement partners and the Federal, State, and local
court systems. Information such as statistical crime analysis,
including but not limited to the number of incidents and cases but
excluding PII, is shared within Congress and other agencies on a need-
to-know basis.
The intended effect of these changes is to show individuals their
PII information is secured in LEIRS, formally known as LEIMARS.
The Forest Service proposes to modify a system of records, entitled
``USDA/FS-33 Law Enforcement and Investigative Records'' that will be
used to maintain records of activities
[[Page 35466]]
conducted by the Agency pursuant to its mission and responsibilities.
The Forest Service Law Enforcement Investigations Reporting System
(LEIRS), formally known as Law Enforcement Investigations Management
Attainment Reporting System (LEIMARS) is primarily a criminal database
and is used to collect information concerning criminal incidents that
includes the PII related to suspects, witnesses, and victims in
addition to information pertaining to the investigation of criminal
activity. The LEIRS, formally known as LEIMARS, system collects the
following information (that may be considered PII): First name, last
name, middle initial, date of birth, home or mailing address, work
address, driver's license, fishing license, hunting license, military
issued ID, school issued ID, social security ID, state issued ID,
height, weight, race, sex, hair color, eye color, adult/juvenile, and
occupation. LEIRS, formally known as LEIMARS, is also used to document
incidents that may be non-criminal in nature, primarily pertaining to
civil cases which may result in a claim for or against the government.
Consistent with USDA's information sharing mission, information
stored in LEIRS, formally known as LEIMARS, may be shared with other
USDA components, as well as appropriate Federal, State, local, tribal,
foreign, or international government agencies. This sharing will only
take place after USDA determines that the receiving component or agency
has a need to know the information to carry out national security, law
enforcement, immigration, intelligence, or other functions consistent
with the routine uses set forth in this system of records notice.
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 personally identifiable
information. 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.
The Privacy Act of 1974, as amended (5 U.S.C. 552a), requires
agencies to publish in the Federal Register notice of new or revised
systems of records maintained by the Agency. A system of records is a
group of any records under the control of any agency from which
information is retrieved by the name of an individual or by some
identifying number, symbol, or other identifying particular assigned to
an individual. In accordance with 5 U.S.C. 552a(r), USDA has provided a
report of this system change to the Office of Management and Budget and
to Congress.
TITLE OF BUSINESS ADDRESS OF THE AGENCY OFFICIAL RESPONSIBLE FOR THE
SYSTEM OF RECORD:
Chief information Officer, U.S. Department of Agriculture, Forest
Service, 1400 Independence Avenue SW, Washington, DC 20250.
SYSTEM NAME AND NUMBER:
Law Enforcement Investigations Reporting System, formally known as
Law Enforcement Management Attainment Reporting System (LEIMARS), USDA/
FS-33 Law Enforcement and Investigative Records.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
LEIMARS is a centralized database and is hosted on the Forest
Service Application Cloud Environment (ACE) which is physically located
at the National Information Technology Center (NITC), 8930 Ward
Parkway, Kansas City, MO 64114.
SYSTEM MANAGER:
The Director, Law Enforcement and Investigations (LEI), U.S.
Department of Agriculture, Forest Service, 1400 Independence Avenue SW,
(Mail Stop 1140), Washington, DC 20250.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Title 16, United States Code, section 559.
PURPOSE(S) OF THE SYSTEM:
LEIRS, formally known as LEIMARS, is a national database used by
Forest Service LEI consisting of approximately 600 to 700 users
dispersed throughout the nine Forest Service Regions. The information
is being collected to document all criminal and civil investigations
that take place or are related to crimes committed on National Forest
System lands.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Individuals covered by the system include:
<bullet> Subjects: Individuals against whom allegations of
wrongdoing have been made or who have committed a violation.
<bullet> Principals: Individuals not named as subjects, but who may
be responsible for alleged violations.
<bullet> Complainants: Those who allege wrongdoing.
<bullet> Others: Those closely connected with or contacted about an
investigation or law enforcement issues.
CATEGORIES OF RECORDS IN THE SYSTEM:
The system consists of files containing reports of investigation,
correspondence, informal notes, statements of witnesses, names,
addresses, social security numbers, dates of birth, law enforcement
reports, and other available incident information to investigations
conducted, enforcement actions, or violations.
RECORD SOURCE CATEGORIES:
LEIRS, formally known as LEIMARS, is primarily a criminal and civil
investigation database and is used to collect information concerning
criminal incidents that includes the PII related to suspects,
witnesses, and victims in addition to information pertaining to the
investigation of criminal activity. The LEIRS, formally known as
LEIMARS, system collects the following information (that may be
considered PII): First name, last name, middle initial, date of birth,
home or mailing address, work address, driver's license, fishing
license, hunting license, military issued ID, school issued ID, social
security ID, state issued ID, height, weight, race, sex, hair color,
eye color, adult/juvenile, and occupation, handwriting or an image of
the signature. LEIRS, formally known as LEIMARS, is also used to
document incidents that may be non-criminal in the nature, primarily
pertaining to civil cases which may result in a claim for or against
the government.
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, routine uses are defined as disclosures
where information is routinely shared whether internally or externally.
Below are routine uses applicable to LEIMARS:
A. Sharing information with the Department of Justice (DOJ) when:
(a) USDA or any component thereof; or (b) any employee of USDA in his
or her official capacity where the Department of Justice has agreed to
represent the employee; or (c) the United States Government is a party
to litigation or has an interest in such litigation, and, by careful
review, USDA determines that the records are both relevant and
[[Page 35467]]
necessary to the litigation and the use of such records by the
Department of Justice is therefore deemed by USDA to be for a purpose
that is compatible with the purpose for which USDA collected the
records.
B. Sharing information with a congressional office in response to
an inquiry from that congressional office made at the written request
of the individual to whom the record pertains.
C. Sharing information with the National Archives and Records
Administration (NARA) or other Federal government agencies pursuant to
records management inspections being conducted under the authority of
44 U.S.C. 2904 and 2906.
D. Sharing information with 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. Sharing information with appropriate agencies, entities, and
persons when: (1) USDA suspects or has confirmed that the security or
confidentiality of information in the system of records has been
compromised; (2) USDA has determined that as a result of the suspected
or confirmed breach, there is a risk of harm to individuals, USDA
(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 USDA's efforts to respond to the suspected or
confirmed compromise and prevent, minimize, or remedy such harm.
F. Sharing information when a record on its face, or in conjunction
with other records, indicates a violation or potential violation of
law, whether civil, criminal, or regulatory in nature, and whether
arising by general statute or particular program statute, or by
regulation, rule, or order issued pursuant thereto, disclosure may be
made to the appropriate agency, whether Federal, foreign, State, local,
or tribal, or other public authority responsible for enforcing,
investigating, or prosecuting such violation or charged with enforcing
or implementing the statute, or rule, regulation, or order issued
pursuant thereto, if the information disclosed is relevant to any
enforcement, regulatory, investigative, or prosecutorial responsibility
of the receiving entity. Referral to the appropriate agency, whether
Federal, State, local, or foreign, charged with the responsibility of
investigating or prosecuting violation of law, or of enforcing or
implementing a statute, rule, regulation, or order issued pursuant
thereto, of any record within the system when information available
indicates a violation or potential violation of law, whether civil,
criminal, or regulatory in nature.
G. Sharing information with another Federal agency or Federal
entity when information from this system of records is reasonably
necessary to assist the recipient agency or entity in (a) responding to
a suspected or confirmed breach or (b) 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.
H. To a court or adjudicative body in a proceeding when: (a) USDA
or any component thereof; or (b) any employee of USDA in his or her
official capacity; or (c) any employee of USDA in his or her individual
capacity where USDA has agreed to represent the employee or the United
States Government, is a party to litigation or has an interest in such
litigation, and by careful review, USDA determines that the records are
both relevant and necessary to the litigation and the use of such
records is therefore deemed by USDA to be for a purpose that is
compatible with the purpose for which USDA collected the records.
DISCLOSURE TO CONSUMER REPORTING AGENCIES:
None.
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
All hard copies of documents related to case investigations are
stored in a room with an extra security lock. This local security
serves as an additional measure to ensure that only authorized
personnel can access these documents. Each USDA mission area, agency,
and staff office creates and maintains proper and adequate
documentation of the organization, functions, policies, decisions,
procedures, and essential transactions of the Department. This
documentation protects the legal and financial rights of the Government
and of persons directly affected by the Department's activities (44
U.S.C. 3101). U.S.C. Title 7, Chapters 55--2204 state that the
Secretary of Agriculture may conduct any survey or other information
collection and employ any sampling or other statistical method that the
Secretary determines is appropriate.
The Department is also authorized to obtain certain information
under Section 515 of the Treasury and General Government Appropriations
Act for Fiscal Year 2001 (Pub. L. 106-554, codified at 44 U.S.C. 3516)
as well as Title 5, Part I, Chapter 3--301, and 5 U.S.C. 552--Sec.
552a. See also 5 U.S.C. Chapter 552; 44 U.S.C. Chapters 21, 29, 31, and
33 (Records Management); 18 U.S.C. 2071; 44 U.S.C. 3101 et seq.; 44
U.S.C. 3506; Title 7 CFR 2.37; 36 CFR Chapter 12, Subchapter B; 36 CFR
part 1234, eGovernment Act of 2002 (Pub. L. 107-347, 44 U.S.C. Ch. 36);
0MB Circular A-130; NARA General Records Schedules and Forest Service
Mission-specific records retention schedules approved by NARA for NARA
Records Group 95.
POLICIES AND PRACTICES FOR RETRIEVABILITY OF RECORDS:
Records are maintained in accordance with Forest Service records
management policy and NARA's General Records Schedule and/or NARA-
approved records schedules for NARA Records Group 95. Records are
maintained in categories organized by subject matter under the
following file codes:
5300--Law Enforcement
5310--``Planning''
5320--``Investigation''
5330--``Law Violations''
5340--``Reports''
5350--``Procedures''
5360--``Cooperative Law Enforcement''
5370--``Suitability Requirements, Training, and Standards''
5380--``Law Enforcement Equipment''
5390--``Damage Appraisal and Claims''
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
Records covered by this Privacy Act SORN are managed according to
records retention schedules approved by NARA. Records schedules used to
retain and manage records are found in Chapter 40 of Forest Service
Handbook 6209.11--Records Management Handbook. This Handbook is
available on the Forest Service website at <a href="https://www.fs.usda.gov/about-agency/regulations-policies">https://www.fs.usda.gov/about-agency/regulations-policies</a>. All unscheduled records, that is,
records without a NARA-approved records retention schedule, are
retained until a records retention schedule is approved by NARA. Once a
schedule is approved, all existing records will be processed according
to the requirements set forth in that schedule.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
Computer files are password protected. When applicable, paper
records are kept in a locked or secured
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office or office building and can be accessed by authorized Forest
Service employees. The Department/Forest Service safeguards electronic
records in this system according to applicable rules and policies,
including all applicable automated systems' security and access
policies. The Forest Service has imposed strict controls to minimize
the risk of compromising stored information. System access is limited
to individuals with appropriate clearances or permissions who need to
know the information for performance of official duties.
RECORD ACCESS PROCEDURES:
Individuals are not allowed to access their information through the
LEIMARS database. Although access to the system may be denied, any
person, including U.S. citizens, foreign nationals, organizations,
universities, businesses, and state and local governments, can file a
Freedom of Information Act (FOIA) request to acquire copies of records
of the system. Federal employees may not use government time or
equipment when requesting information under the FOIA. Individuals
seeking access to records contained in this system of records, or
seeking to contest content, may submit a request in writing to the
Forest Service FOIA/Privacy Act Officer (contact information at <a href="https://www.dm.usda.gov/foia/poc.htm">https://www.dm.usda.gov/foia/poc.htm</a>). If an individual believes more than one
Department component maintains Privacy Act records concerning him or
her, the individual may submit the request to the Departmental FOIA
Officer, 1400 Independence Avenue SW, South Building Room 4104,
Washington, DC 20250- 0706, email: <a href="/cdn-cgi/l/email-protection#0f5a5c4b4e4940464e4f606c6660217a7c6b6e21686079"><span class="__cf_email__" data-cfemail="5e0b0d1a1f1811171f1e313d3731702b2d3a3f70393128">[email protected]</span></a>. The request
should include a daytime phone number and email. Provide as much
information as possible about the subject matter of the records you are
requesting. This will help facilitate the search process. If you are
making a request for records about yourself, you may receive greater
access by providing either a notarized statement or a statement signed
under penalty of perjury stating that you are the person who you say
you are. Provide your full name, date, and either: (1) Have your
signature witnessed by a notary; or (2) include the following statement
immediately above the signature on your request letter: ``I declare
under penalty of perjury that the foregoing is true and correct.
Executed on [date].'' Requests that do not contain the required
declaration will be processed under the FOIA and, if records are found,
you may not receive as much information, including information about
you. If additional information is required to fulfill a Privacy Act
request, you will be notified. If you want records about yourself to be
released to a third party (such as a law firm or other organization
requesting records on your behalf), the third party may receive greater
access if they have permission from you. You will need a signed and
dated statement that the Forest Service may release records pertaining
to you. Include your name, date of birth, name of the person or
organization to whom you want your records disclosed (where
applicable), their contact information, and list of records that may be
released (all emails, medical records, etc.). The person about whom the
records will be released should include a statement indicating that
they understand that knowingly or willingly seeking or obtaining access
to records about another person under false pretenses and/or without
their consent is punishable by a fine of up to $5,000.
Requests must be for access to existing records. The Forest Service
FOIA Office will not create records for the purpose of responding to a
FOIA or Privacy Act request. FOIA excludes Federal agencies from its
definition of persons permitted to make FOIA requests (see 5 U.S.C.
552(a)(3)(A) and 5 U.S.C. 551(2)). To avoid confusion as to whether
Federal employees are requesting information in their personal or
official capacities, requests from Federal employees should be
submitted using personal resources.
CONTESTING RECORDS PROCEDURES:
Any individual may contest information contained within a record in
the system that pertains to him/her by submitting a written request to
the system manager at the address above. Include the reason for
contesting the record and the proposed amendment to the information
with supporting documentation to show how the record is inaccurate.
NOTIFICATION PROCEDURES:
LEIRS, formally known as LEIMARS, contains information about
individuals that is recorded on a Violation Notice. Individuals who
receive a Violation Notice are provided with a copy at the time of the
incident. The notification provides a copy of all recorded information
to individuals.
Information to individuals is provided via:
<bullet> LEIRS, formally known as LEIMARS, Privacy Impact Analysis
on the Department Privacy Impact Analysis website, <a href="https://www.usda.gov/home/privacy-policy/privacyimpact-assessments">https://www.usda.gov/home/privacy-policy/privacyimpact-assessments</a>.
<bullet> The Federal Register for System of Records Notices and
legal authorities.
<bullet> Forest Service-specific System of Records Notices are also
published on the Forest Service website <a href="https://www.fs.fed.us/im/foia/pasystems.htm">https://www.fs.fed.us/im/foia/pasystems.htm</a>.
<bullet> Forms associated with Privacy Act systems are approved
through the Office of Management and Budget under the Paperwork
Reduction Act (also cited in the Federal Register); the forms cite the
Privacy Act.
Any individual may request general information regarding this
system of records or information as to whether the system contains
records pertaining to him/her. All inquiries pertaining to this system
should be in writing, must name the system of records as set forth in
the system notice, and must contain the individual's name, telephone
number, address, and email address (see specific instructions above).
EXEMPTIONS CLAIMED FOR THE SYSTEM:
This system has been exempted pursuant to 5 U.S.C. 552a(k)(2) from
the requirements of 5 U.S.C. 552a(c)(3), 552a(d), 552a(e)(l),
552a(e)(3), 552a(4)(h)-(i), and 552a(f) (see 7 CFR 1.123). This
exemption will only be used to maintain the efficiency and integrity of
lawful investigations and to prevent access to certain law enforcement
files that potentially could alert subjects of investigations that
their activities are being scrutinized and thus allow them time to take
measures to prevent detection of illegal action or escape prosecution.
Any individual who feels that he or she has been denied any right,
privilege, or benefit for which he or she would otherwise be eligible
as a result of the maintenance of such material may request access to
the material. Such requests should be addressed to the System Manager.
HISTORY:
Document Citation--69 FR 56031, pages 56031-56032 (2 pages), FR
Doc. 04-20930 Filed 9-16-04; 8:45 a.m.
Dated: June 29, 2021.
Victoria Christiansen,
Chief, USDA Forest Service.
[FR Doc. 2021-14277 Filed 7-2-21; 8:45 am]
BILLING CODE 3411-15-P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.