Privacy Act of 1974; Department of Homeland Security/ALL-024 Facility and Perimeter Access Control and Visitor Management System of Records, 5609-5614 [2010-2206]
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Federal Register / Vol. 75, No. 22 / Wednesday, February 3, 2010 / Notices
SUMMARY: The Department of Homeland
Security, National Protection and
Programs Directorate/Cybersecurity and
Communications/Office of Emergency
Communications (OEC), has submitted
the following Information Collection
Request (ICR) to the Office of
Management and Budget (OMB) for
review and clearance in accordance
with the Paperwork Reduction Act of
1995 (Pub. L. 104–13, 44 U.S.C. Chapter
35).
DATES: Comments are encouraged and
will be accepted until April 5, 2010.
This process is conducted in accordance
with 5 CFR 1320.1.
ADDRESSES: Written comments and
questions about this Information
Collection Request should be forwarded
to OEC, Attn.: Jonathan Clinton,
Jonathan.Clinton@dhs.gov. Written
comments should reach the contact
person listed no later than April 5, 2010.
Comments must be identified by DHS–
2010–0004 and may be submitted by
one of the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov.
• E-mail: Jonathan.Clinton@dhs.gov.
Include the docket number in the
subject line of the message.
Instructions: All submissions received
must include the words ‘‘Department of
Homeland Security’’ and the docket
number for this action. Comments
received will be posted without
alteration at https://www.regulations.gov,
including any personal information
provided.
SUPPLEMENTARY INFORMATION: OEC,
formed under Title XVIII of the
Homeland Security Act of 2002, 6
U.S.C. 101 et seq., as amended, is
responsible for conducting nationwide
outreach and providing technical
assistance to foster the development of
interoperable emergency
communications capabilities for State,
regional, local, and tribal governments.
OEC is addressing these responsibilities,
in part, by offering an All Hazards Type
III COML training course for State,
regional, and local emergency response
stakeholders. Participation in these
courses requires satisfaction of several
prerequisites, the completion of which
will be verified using a certification
form. In addition, to evaluate course
delivery for quality assurance and
improvement purposes, evaluation data
will be collected in an evaluation form.
OEC will use this information to
identify course attendees, verify
satisfaction of course prerequisites, and
evaluate course delivery for quality and
improvement purposes. The collection
of information is mostly electronic but
can also be received in paper form to
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facilitate ease of registration and
evaluation of OEC events. Evaluation
forms will be available in hard copy at
each training session, and time will be
provided to complete the evaluation at
the conclusion of the course.
OMB is particularly interested in
comments which:
1. Evaluate whether the proposed
collection of information is necessary
for the proper performance of the
functions of the agency, including
whether the information will have
practical utility;
2. Evaluate the accuracy of the
agency’s estimate of the burden of the
proposed collection of information,
including the validity of the
methodology and assumptions used;
3. Enhance the quality, utility, and
clarity of the information to be
collected; and
4. Minimize the burden of the
collection of information on those who
are to respond, including through the
use of appropriate automated,
electronic, mechanical, or other
technological collection techniques or
other forms of information technology,
e.g., permitting electronic submissions
of responses.
Analysis
Agency: Department of Homeland
Security, National Protection and
Programs Directorate.
Title: COML Prerequisite and
Evaluation.
Form: Not Applicable.
OMB Number: 1670–NEW.
Frequency: On occasion.
Affected Public: State, local, or tribal
government.
Number of Respondents: 3,000.
Estimated Time per Respondent: 15
minutes.
Total Burden Hours: 2,000 annual
burden hours.
Total Burden Cost (capital/startup):
$0.
Total Burden Cost (operating/
maintaining): $48,840.00.
Dated: January 28, 2010.
Thomas Chase Garwood, III,
Chief Information Officer, National Protection
and Programs Directorate, Department of
Homeland Security.
[FR Doc. 2010–2298 Filed 2–2–10; 8:45 am]
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5609
DEPARTMENT OF HOMELAND
SECURITY
Office of the Secretary
[Docket No. DHS–2009–0042]
Privacy Act of 1974; Department of
Homeland Security/ALL—024 Facility
and Perimeter Access Control and
Visitor Management System of
Records
Privacy Office; DHS.
Notice of Privacy Act system of
AGENCY:
ACTION:
records.
SUMMARY: In accordance with the
Privacy Act of 1974 the Department of
Homeland Security proposes to update
and reissue Department of Homeland
Security/ALL—024 Facility and
Perimeter Access Control and Visitor
Management System of Records to
include record systems within the
Federal Protective Service. Categories of
individuals, categories of records,
purpose and routine uses of this system
have been reviewed and updated to
better reflect the Department’s,
including the Federal Protective
Service’s, facility and perimeter access
control and visitor management record
system. The activities performed by the
Department’s facility and perimeter
access control and visitor management
systems often overlap with other
security-related activities. Accordingly,
data within each of the categories of
individuals, categories of records, and
routine uses may have similarities with
other security-related systems of
records, but each system is distinct
based on its purpose.
Further, this system of records is
separate from Department of Homeland
Security/ALL 026—Personal Identity
Verification Management System of
Records, June 25, 2009, which supports
the administration of the Homeland
Security Presidential Directive—12
program, directing the use of a common
identification credential for both logical
and physical access to federally
controlled facilities and information
systems while enhancing security,
increasing efficiency, reducing identity
fraud, and protecting personal privacy.
Records within this system apply only
to perimeters and facilities where access
is controlled by the Department of
Homeland Security or its components,
including the Federal Protective
Service, and its contract guards.
Exclusion is made to perimeters and
facilities secured by the U.S. Secret
Service pursuant to 18 U.S.C. 3056 and
3056A and are not included under this
system of records. Records pertaining to
perimeters and facilities secured by the
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U.S. Secret Service, other than those
records subject to the Presidential
Records Act, are covered under
Department of Homeland Security/U.S.
Secret Service—004 Protection
Information System of Records,
December 19, 2008.
There will be no change to the Privacy
Act exemptions currently in place for
this system of records and therefore
remain in effect. This system will be
included in the Department of
Homeland Security’s inventory of
record systems.
DATES: Written comments must be
submitted on or before March 5, 2010.
This updated system will be effective
March 5, 2010.
ADDRESSES: You may submit comments,
identified by docket number DHS–
2009–0042 by one of the following
methods:
• Federal e-Rulemaking Portal:
https://www.regulations.gov. Follow the
instructions for submitting comments.
• Fax: 703–483–2999.
• Mail: Mary Ellen Callahan, Chief
Privacy Officer, Privacy Office,
Department of Homeland Security,
Washington, DC 20528.
• Instructions: All submissions
received must include the agency name
and docket number for this rulemaking.
All comments received will be posted
without change and may be read at
https://www.regulations.gov, including
any personal information provided.
• Docket: For access to the docket to
read background documents or
comments received, go to https://
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: For
general questions and privacy issues
please contact: Mary Ellen Callahan
(703–235–0780), Chief Privacy Officer,
Privacy Office, Department of Homeland
Security, Washington, DC 20528.
SUPPLEMENTARY INFORMATION:
I. Background
The Department of Homeland
Security (DHS) and its components and
offices rely on DHS/ALL—024 Facility
and Perimeter Access Control and
Visitor Management System of Records
(74 FR 3081, January 16, 2009) for the
collection and maintenance of records
that pertain to facility and perimeter
access control and visitor management.
DHS is updating and reissuing this
Department-wide system of records
under the Privacy Act (5 U.S.C. 552a)
for DHS facility and perimeter access
control and visitor management records,
to include records systems within the
Federal Protective Service (FPS). DHS/
ALL—024 Facility and Perimeter Access
Control and Visitor Management System
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of Records is the baseline system for
facility and perimeter access control and
visitor management, as led by the Office
of the Chief Security Officer. This will
ensure that all components of DHS
follow the same privacy rules for
collecting and handling access control
and visitor management records.
The purpose of this system is to
collect and maintain records related to
the Department’s facility and perimeter
access control, including access to DHS
information technology and access to
classified facilities, as well as visitor
security and management. The
Department’s authority for this
collection is primarily 5 U.S.C. 301; the
Homeland Security Act, codified in
Title 6 of the U.S. Code; 44 U.S.C. 3101;
Executive Order (EO) 9397; EO 12968;
and Federal Property Regulations,
issued July 2002. This system will
collect individuals’ personal
information to support the Department’s
efforts related to protecting DHS
facilities and operating the visitor
management program. Efforts have been
made to safeguard records in accordance
with applicable rules and policies,
including all applicable DHS automated
systems security and access policies.
Strict controls have been imposed 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.
The routine uses posted are unchanged
from the previous publishing and
consistent with the purpose for
collection. A review of this system is
being conducted to determine if the
system of records collects information
under the Paperwork Reduction Act.
Categories of individuals, categories of
records, the purpose, and routine uses
of this system have been reviewed and
updated to better reflect the
Department’s, and FPS’s, facility and
perimeter access control and visitor
management records system.
Specifically, the Department has:
Updated categories of individuals to
include any employee, contractor,
consultant, intern, fellow, or other
person with regular access and an
access control pass which grants
unescorted access to a DHS facility or
other federal facility which DHS or its
components provide access control,
including the FPS and its contract
guards, and those needing access to
information technology systems, and
any visitor to a facility for which DHS
or its components provide access
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control and violators and those accused
of security violations of access or
perimeter control and those related to
incidents and offenses in and around
these facilities, and individuals,
including state and local government
personnel and private-sector
individuals, who are authorized by DHS
to access DHS facilities, and other
federal facilities where DHS controls
access through its components,
including the FPS and its contract
guards; updated categories of records to
include information pertaining to
incidents and offenses; updated routine
uses to include disclosing information
outside DHS to an appropriate federal,
state, tribal, local, or foreign government
agency or organization, or international
organization, lawfully engaged in
collecting law enforcement intelligence,
whether civil or criminal, or charged
with investigating, prosecuting,
enforcing or implementing civil or
criminal laws, related rules, regulations
or orders, to enable these entities to
carry out their law enforcement
responsibilities, including the collection
of law enforcement intelligence, but
only when the disclosure is appropriate
to the proper performance of the official
duties of the person receiving the
disclosure, and disclosing information
to an appropriate federal, state, local,
tribal, or foreign government agency,
international organization, or private
organization where the President or the
Secretary of Homeland Security has
declared an event to be a National
Special Security Event; and record
source categories has been updated to
include records which are obtained
from individuals seeking employment
or access to facilities for which DHS and
its components provide security and
from individuals involved in incidents
and offenses that take place in or around
those facilities.
Privacy Impact Assessments (PIAs)
have been conducted and are on file for
the (1) Personnel Security Activities
Management System; (2) Integrated
Security Management System; (3)
DHSAccessGate System; (4) Automated
Continuing Evaluation System (ACES)
Pilot; (5) Personal Identity Verification
System; (6) Federal Protective Service
Information Support Tracking System
(FISTS) Contract Suitability Module; (7)
Federal Protective Service Dispatch
Incident Records Management Systems;
and (8) Livewave CCTV System along
with other related component specific
PIAs and can be found at https://
www.dhs.gov/privacy.
Consistent with DHS’s information
sharing mission, information stored in
the DHS/ALL—024 Facility and
Perimeter Access Control and Visitor
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Management System of Records may be
shared with other DHS components, as
well as appropriate federal, state, local,
tribal, foreign, or international
government agencies. This sharing will
only take place after DHS 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.
Records within this system apply only
to perimeters and facilities where access
is controlled by DHS or its components,
including the FPS, and its contract
guards.
Exclusion is made to perimeters and
facilities secured by the U.S. Secret
Service pursuant to 18 U.S.C. 3056 and
3056A and are not included under this
system of records. Records pertaining to
perimeters and facilities secured by the
U.S. Secret Service, other than those
records subject to the Presidential
Records Act, are covered under
Department of Homeland Security/U.S.
Secret Service—004 Protection
Information System of Records (73 FR
77733, December 19, 2008).
There will be no change to the Privacy
Act exemptions currently in place for
this system of records and therefore
remain in effect. This system will be
included in the DHS inventory of record
systems.
II. Privacy Act
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 individual’s 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 stored and
retrieved by the name of the individual
or by some identifying number such as
property address, mailing address, or
symbol assigned to the individual. In
the Privacy Act, an individual is defined
to encompass United States citizens and
lawful permanent residents. DHS
extends administrative Privacy Act
protections to all individuals where
information is maintained on both U.S.
citizens, lawful permanent residents,
and visitors. Individuals may request
their own records that are maintained in
a system of records in the possession or
under the control of DHS by complying
with DHS Privacy Act regulations, 6
CFR 5.21.
The Privacy Act requires each agency
to publish in the Federal Register a
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description denoting the type and
character of each system of records that
the agency maintains, and the routine
uses that are contained in each system
in order to make agency record keeping
practices transparent, to notify
individuals regarding the uses of their
records, and to assist individuals to
more easily find such files within the
agency. Below is a description of DHS/
ALL—024 Facility and Perimeter Access
Control and Visitor Management System
of Records.
In accordance with 5 U.S.C. 552a(r),
DHS has provided a report of this new
system of records to the Office of
Management and Budget (OMB) and to
Congress.
SYSTEM OF RECORDS
DHS/ALL–024
SYSTEM NAME:
Department of Homeland Security
(DHS)/ALL—024 Facility and Perimeter
Access Control and Visitor Management
System of Records
SECURITY CLASSIFICATION:
Unclassified, sensitive, for official use
only, and classified.
SYSTEM LOCATION:
Records are maintained at several
DHS Headquarters locations and in
component offices in both Washington,
DC and field locations.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
Categories of individuals covered by
this system include: (1) Any employee,
contractor, consultant, intern, fellow, or
others with regular access and an access
control pass which grants unescorted
access to a DHS facility or other federal
facility which DHS or its components
provide access control, including the
FPS and its contract guards, and those
needing access to information
technology systems, and any visitor to a
facility for which DHS or its
components provide access control; (2)
violators and those accused of security
violations of access or perimeter control
and those related to incidents and
offenses in and around these facilities;
(3) applicants for employment,
contractors, or those needing unescorted
access to these facilities or information
technology systems; (4) state and local
government personnel and privatesector individuals who serve on an
advisory committee and board
sponsored by DHS; (5) individuals,
including state and local government
personnel and private-sector
individuals, who are authorized by DHS
to access DHS facilities, and other
federal facilities where DHS controls
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access through its components,
including the FPS and its contract
guards, including classified facilities,
communications security equipment,
and information technology systems
that process national or homeland
security classified information.
CATEGORIES OF RECORDS IN THE SYSTEM:
Categories of records in the system
include:
• Individual’s full name;
• Date and place of birth;
• Social security number;
Note: For access to the Nebraska Avenue
Complex, DHS employees, including
component employees and contractors, are
not required to provide date of birth or social
security number to enter the Nebraska
Avenue Complex if they provide a HSPD–12
badge, component badge, credential, or
commission book. Component employees
and contractors will also provide name,
component, and Nebraska Avenue Complex
point of contact name and phone number.
Headquarters employees and contractors can
also provide a drivers license as
identification to be confirmed within the
system of records as a DHS Headquarters
employee. If a component employee or
contractor does not have a DHS or
component-issued credential at the point of
entry, the individual will be processed into
the Nebraska Avenue Complex as a regular
visitor requiring a full name, date of birth,
and social security number.
• Organization’s name;
• Citizenship;
• Country of origin, if applicable;
• Telephone number;
• Physical descriptions;
• Biometric information;
• Photograph;
• Visitor badge number, if applicable;
• Date and time of entry and
departure;
• Drivers license and other form of
identification information;
• License plate number and state of
issuance;
• Make and model of vehicle;
• Reports, files, records received from
other federal agencies;
• Records relating to management
and operation of DHS programs to
safeguard classified and sensitive but
unclassified information, including but
not limited to:
Æ Document control registries;
Æ Courier authorization requests;
Æ Non-disclosure agreements;
Æ Records of security violations;
Æ Records of document transmittals;
and
Æ Requests for secure storage and
communications equipment.
• Records relating to the management
and operation of the DHS security
program, including but not limited to:
Æ Inquiries relating to suspected
security violation(s);
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Æ Recommended remedial actions for
possible security violation(s);
Æ Reports of investigation regarding
security violations;
Æ Information pertaining to incidents
and offenses;
Æ Statements of individuals;
Æ Affidavits; and
Æ Correspondence.
• Records relating to the management
and operation of the facility and
perimeter access control and visitor
management system including but not
limited to:
Æ Facility and perimeter access
registries;
Æ Courier cards;
Æ Access control card requests; and
Æ Specific information from standard
DHS forms used to conduct criminal
history record checks; and
Æ Closed circuit television (CCTV)
systems and recordings.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
5 U.S.C. 301; the Homeland Security
Act, codified in Title 6 of the U.S. Code;
44 U.S.C. 3101; and Executive Order
(EO) 9397; EO 12968; and Federal
Property Regulations, issued July 2002.
PURPOSE(S):
The purpose of this system is to
collect and maintain records associated
with DHS facility and perimeter access
control, including access to DHS
information technology and access to
classified facilities, as well as visitor
security and management.
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ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE 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 of 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
(including United States Attorney
Offices) or other federal agency
conducting litigation or in proceedings
before any court, adjudicative or
administrative body when it is
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 of DHS in his/her
official capacity;
3. Any employee of DHS in his/her
individual capacity where DOJ or DHS
has agreed to represent the employee; or
4. The United States or any agency
thereof, is a party to the litigation or has
an interest in such litigation, and DHS
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determines that the records are both
relevant and necessary to the litigation
and the use of such records is
compatible with the purpose for which
DHS collected the records.
B. To a congressional office from the
record of an individual in response to
an inquiry from that congressional office
made at the written request of the
individual to whom the record pertains.
C. To the National Archives and
Records Administration or other federal
government agencies pursuant to
records management inspections being
conducted under the authority of 44
U.S.C. 2904 and 2906.
D. To 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. To appropriate agencies, entities,
and persons when:
1. DHS suspects or has confirmed that
the security or confidentiality of
information in the system of records has
been compromised;
2. The Department has determined
that as a result of the suspected or
confirmed compromise there is a risk of
harm to economic or property interests,
identity theft or fraud, or harm to the
security or integrity of this system or
other systems or programs (whether
maintained by DHS or another agency or
entity) or harm to the individual who
relies upon the compromised
information; 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
compromise and prevent, minimize, or
remedy such harm.
F. 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.
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, where a record, either on its face
or in conjunction with other
information, indicates a violation or
potential violation of law, which
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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 an appropriate federal, state,
local, tribal, foreign, or international
agency or contract provider, if the
information is relevant and necessary to
a requesting agency’s decision
concerning the hiring or retention of an
individual, or issuance of a security
clearance, license, contract, grant, or
other benefit, or if the information is
relevant and necessary to a DHS
decision concerning the hiring or
retention of an employee or contractor,
the issuance of a security clearance, the
reporting of an investigation of an
employee or contractor, the letting of a
contract, or the issuance of a license,
grant or other benefit and disclosure is
appropriate to the proper performance
of the official duties of the person
making the request.
I. To a public or professional licensing
organization when such information
indicates, either by itself or in
combination with other information, a
violation or potential violation of
professional standards, or reflects on the
moral, educational, or professional
qualifications of an individual who is
licensed or who is seeking to become
licensed.
J. To an appropriate federal, state,
tribal, local, or foreign government
agency or organization, or international
organization, lawfully engaged in
collecting law enforcement intelligence,
whether civil or criminal, or charged
with investigating, prosecuting,
enforcing or implementing civil or
criminal laws, related rules, regulations
or orders, to enable these entities to
carry out their law enforcement
responsibilities, including the collection
of law enforcement intelligence, but
only when the disclosure is appropriate
to the proper performance of the official
duties of the person receiving the
disclosure, and;
K. To an appropriate federal, state,
local, tribal, or foreign government
agency, international organization, or
private organization where the President
or the Secretary of Department of
Homeland Security has declared an
event to be a National Special Security
Event, if the information is relevant and
necessary to a requesting agency’s
decision concerning the hiring or
retention of an individual, or issuance
of a security clearance, license, contract,
grant, or other benefit, or if the
information is relevant and necessary to
a DHS decision concerning the hiring or
retention of an employee, the issuance
of a security clearance, the reporting of
an investigation of an employee, the
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letting of a contract, or the issuance of
a license, grant or other benefit, but only
when disclosure is appropriate to the
proper performance of the official duties
of the person making the request.
L. 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
interest in the disclosure of the
information or when disclosure is
necessary to preserve confidence in the
integrity of DHS or is necessary to
demonstrate the accountability of DHS’s
officers, employees, or individuals
covered by the system, except to the
extent it is determined that release of
the specific information in the context
of a particular case would constitute an
unwarranted invasion of personal
privacy.
DISCLOSURE TO CONSUMER REPORTING
AGENCIES:
None.
POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING, AND
DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Records in this system are stored
electronically or on paper in secure
facilities in a locked drawer behind a
locked door. The records are stored on
servers, magnetic disc, tape, digital
media, and CD–ROM.
RETRIEVABILITY:
Records may be retrieved by
individual name, date of birth, and
social security number, or other
personal identifier listed above in
‘‘Category of Records in the System,’’ if
applicable.
Note: For access to DHS Headquarters, all
employees, including component employees
and contractors, are not required to provide
date of birth and social security number to
enter DHS Headquarters facilities. If they do
not have their credential at the point of entry,
they are required to log their name and title,
component, data and time, ID of employee,
and point of contact.
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SAFEGUARDS:
Records in this system are
safeguarded in accordance with
applicable rules and policies, including
all applicable DHS automated systems
security and access policies. Strict
controls have been imposed to minimize
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.
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16:34 Feb 02, 2010
Jkt 220001
RETENTION AND DISPOSAL:
Pursuant to GRS 18, Item 22a,
personnel security clearance files are
destroyed upon notification of death or
not later than five years after separation
or transfer of employee or no later than
five years after contract relationship
expires, whichever is applicable.
Pursuant to GRS 18, Item 6, requests
and authorizations for individuals to
have access to classified files are
destroyed two years after authorization
expires.
Pursuant to GRS 11, Item 4a,
identification credentials including
cards, badges, parking permits,
photographs, agency permits to operate
motor vehicles, and property, dining
room and visitors’ passes, and other
identification credentials are destroyed
three months after return to issuing
office.
Pursuant to GRS 18, Item 17, registers
or logs used to record names of outside
contractors, service personnel, visitors,
employees admitted to areas, and
reports on automobiles and passengers
for areas under maximum security are
destroyed five years after final entry or
five years after date of document, as
appropriate.
Other documents pursuant to GRS 18,
Item 17b, are destroyed two years after
final entry or two years after date of
document, as appropriate.
Where records are used as evidence in
an investigation or in an administrative,
litigation, or other proceeding, the
records will be retained until final
disposition of the investigation or
proceeding.
SYSTEM MANAGER AND ADDRESS:
For Headquarters components of DHS:
Chief, Physical Security Division (202–
447–5010), Office of Security,
Department of Homeland Security,
Washington, DC 20528. For components
of DHS, the System Manager can be
found at https://www.dhs.gov/foia under
‘‘contacts.’’
NOTIFICATION PROCEDURE:
The Secretary of Homeland Security
has exempted this system from the
notification, access, and amendment
procedures of the Privacy Act because it
is a law enforcement system. However,
DHS will consider individual requests
to determine whether or not information
may be released. Thus, individuals
seeking notification of and access to any
record contained in this system of
records, or seeking to contest its
content, may submit a request in writing
to the Headquarters or component’s
FOIA Officer, whose contact
information can be found at https://
www.dhs.gov/foia under ‘‘contacts.’’ If
PO 00000
Frm 00053
Fmt 4703
Sfmt 4703
5613
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, 245
Murray Drive, SW., Building 410,
STOP–0550, Washington, DC 20528.
When seeking records about yourself
from this system of records or any other
Departmental system of records, your
request must conform with the Privacy
Act regulations set forth in 6 CFR Part
5. You must first verify your identity,
meaning that you must provide your full
name, current address and date and
place of birth. You must sign your
request, and your 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, you
may obtain forms for this purpose from
the Chief Privacy Officer and Chief
Freedom of Information Act Officer,
https://www.dhs.gov or 1–866–431–0486.
In addition, you should provide the
following:
• An explanation of why you believe
the Department would have information
on you;
• Identify which component(s) of the
Department you believe may have the
information about you;
• Specify when you believe the
records would have been created;
• Provide any other information that
will help the FOIA staff determine
which DHS component agency may
have responsive records; and
• If your request is seeking records
pertaining to another living individual,
you must include a statement from that
individual certifying his/her agreement
for you to access his/her records.
Without this bulleted information the
component(s) may not be able to
conduct an effective search, and your
request may be denied due to 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:
Records are obtained from individuals
seeking employment or access to
facilities for which DHS and its
components provide security and from
individuals involved in incidents and
offenses that take place in or around
those facilities.
E:\FR\FM\03FEN1.SGM
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5614
Federal Register / Vol. 75, No. 22 / Wednesday, February 3, 2010 / Notices
EXEMPTIONS CLAIMED FOR THE SYSTEM:
The Secretary of Homeland Security
has exempted this system from the
following provisions of the Privacy Act,
subject to the limitation set forth in
(c)(3); (d); (e)(1), (e)(4)(G), (e)(4)(H),
(e)(4)(I); and (f) of the Privacy Act
pursuant to 5 U.S.C. 552a(k)(1), (k)(2),
and (k)(5) of the Privacy Act.
Dated: January 25, 2010.
Mary Ellen Callahan,
Chief Privacy Officer, Department of
Homeland Security.
[FR Doc. 2010–2206 Filed 2–2–10; 8:45 am]
BILLING CODE 9110–9B–P
DEPARTMENT OF HOMELAND
SECURITY
Office of the Secretary
[Docket No. DHS–2009–0043]
Privacy Act of 1974; Department of
Homeland Security/ALL—025 Law
Enforcement Authority in Support of
the Protection of Property Owned,
Occupied, or Secured by the
Department of Homeland Security
System of Records
Privacy Office; DHS.
Notice of Privacy Act system of
AGENCY:
ACTION:
jlentini on DSKJ8SOYB1PROD with NOTICES
records.
SUMMARY: In accordance with the
Privacy Act of 1974 the Department of
Homeland Security proposes to update
Department of Homeland Security/
ALL—025 Law Enforcement Authority
in Support of the Protection of Property
Owned, Occupied, or Secured by the
Department of Homeland Security
System of Records to include record
systems within the Federal Protective
Service. The purpose of this system is
to maintain and record the results of law
enforcement activities in support of the
protection of property owned, occupied,
or secured by the Department of
Homeland Security and its components,
including the Federal Protective
Service, and individuals maintaining a
presence or access to such property.
Categories of individuals, categories of
records, and the routine uses of this
system have been reviewed and updated
to better reflect the Department’s law
enforcement records associated with the
protection of property owned, occupied,
or secured by the Department of
Homeland Security. The activities
performed by the Department in the
protection of property owned, occupied,
or secured by the Department of
Homeland Security often overlap with
other security-related activities.
Accordingly, data within the categories
VerDate Nov<24>2008
16:34 Feb 02, 2010
Jkt 220001
of individuals, categories of records, and
routine uses may have similarities with
other security-related systems of
records, but each system is distinct
based on its purpose.
Exclusion is made to perimeters and
facilities secured by the U.S. Secret
Service pursuant to 18 U.S.C. 3056 and
3056A and are not included under this
system of records. Records pertaining to
perimeters and facilities secured by the
U.S. Secret Service, other than those
records subject to the Presidential
Records Act, are covered under
Department of Homeland Security/U.S.
Secret Service—004 Protection
Information System of Records,
December 19, 2008.
There will be no change to the Privacy
Act exemptions currently in place for
this system of records and therefore
remain in effect. This system will be
included in the Department of
Homeland Security’s inventory of
record systems.
DATES: Written comments must be
submitted on or before March 5, 2010.
This updated system will be effective
March 5, 2010.
ADDRESSES: You may submit comments,
identified by docket number DHS–
2009–0043 by one of the following
methods:
• Federal e-Rulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• Fax: 703–483–2999.
• Mail: Mary Ellen Callahan, Chief
Privacy Officer, Privacy Office,
Department of Homeland Security,
Washington, DC 20528.
• Instructions: All submissions
received must include the agency name
and docket number for this rulemaking.
All comments received will be posted
without change and may be read at
https://www.regulations.gov, including
any personal information provided.
• Docket: For access to the docket to
read background documents or
comments received, go to https://
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: For
general questions and privacy issues
please contact: Mary Ellen Callahan
(703–235–0780), Chief Privacy Officer,
Privacy Office, Department of Homeland
Security, Washington, DC 20528.
SUPPLEMENTARY INFORMATION:
I. Background
The Department of Homeland
Security (DHS) and its components and
offices rely on DHS/ALL—025 Law
Enforcement Authority in Support of
the Protection of Property Owned,
Occupied, or Secured by DHS System of
Records (74 FR 3088, January 16, 2008)
PO 00000
Frm 00054
Fmt 4703
Sfmt 4703
for the collection and maintenance of
records that pertain to the protection of
property owned, occupied, or secured
by DHS.
DHS is updating and reissuing this
Department-wide system of records
under the Privacy Act (5 U.S.C. 552a),
for the protection of property owned,
occupied, or secured by DHS, including
records systems within the Federal
Protective Service (FPS). The DHS/
ALL—025 Law Enforcement Authority
in Support of the Protection of Property
Owned, Occupied, or Secured by DHS
System of Records is the baseline
system for the protection of property
owned, occupied, or secured by DHS
activities, as led by the Office of the
Chief Security Officer for the
Department. This will ensure that all
DHS components follow the same
privacy rules for collecting the
protection of property owned, occupied
or secured by DHS records.
The purpose of this system is to
maintain and record the results of law
enforcement activities in support of the
protection of property owned, occupied,
or secured by DHS. The results are also
used to pursue criminal prosecutions or
civil penalty actions against individuals
or entities suspected of offenses that
may have been committed against
property owned, occupied, or secured
by DHS or persons on these premises;
and to assess acceptability of
Departmental, other United States
Government personnel, contract
security officer personnel, and other
contractors who work in DHS facilities
for assignment to or retention in
sensitive positions consistent with the
interest of national security and
protection of DHS facilities. The
Department’s authority for this
collection is primarily 5 U.S.C. 301; the
Homeland Security Act, codified in
Title 6 of the U.S. Code; 40 U.S.C. 1315;
44 U.S.C. 3101; and Executive Order
(EO) 9397; EO 10450; EO 12968, 5 CFR
731; 5 CFR 732; 5 CFR 736; 32 CFR 147;
and DCID 6/4. This system will collect
individuals’ personal information when
the Department uses its law
enforcement authority at facilities that
DHS owns, occupies, or secures. Efforts
have been made to safeguard records in
accordance with applicable rules and
policies, including all applicable DHS
automated systems security and access
policies. Strict controls have been
imposed to minimize the risk of
compromising information 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
E:\FR\FM\03FEN1.SGM
03FEN1
]]>Agencies
[Federal Register Volume 75, Number 22 (Wednesday, February 3, 2010)]
[Notices]
[Pages 5609-5614]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-2206]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary
[Docket No. DHS-2009-0042]
Privacy Act of 1974; Department of Homeland Security/ALL--024
Facility and Perimeter Access Control and Visitor Management System of
Records
AGENCY: Privacy Office; DHS.
ACTION: Notice of Privacy Act system of records.
-----------------------------------------------------------------------
SUMMARY: In accordance with the Privacy Act of 1974 the Department of
Homeland Security proposes to update and reissue Department of Homeland
Security/ALL--024 Facility and Perimeter Access Control and Visitor
Management System of Records to include record systems within the
Federal Protective Service. Categories of individuals, categories of
records, purpose and routine uses of this system have been reviewed and
updated to better reflect the Department's, including the Federal
Protective Service's, facility and perimeter access control and visitor
management record system. The activities performed by the Department's
facility and perimeter access control and visitor management systems
often overlap with other security-related activities. Accordingly, data
within each of the categories of individuals, categories of records,
and routine uses may have similarities with other security-related
systems of records, but each system is distinct based on its purpose.
Further, this system of records is separate from Department of
Homeland Security/ALL 026--Personal Identity Verification Management
System of Records, June 25, 2009, which supports the administration of
the Homeland Security Presidential Directive--12 program, directing the
use of a common identification credential for both logical and physical
access to federally controlled facilities and information systems while
enhancing security, increasing efficiency, reducing identity fraud, and
protecting personal privacy.
Records within this system apply only to perimeters and facilities
where access is controlled by the Department of Homeland Security or
its components, including the Federal Protective Service, and its
contract guards.
Exclusion is made to perimeters and facilities secured by the U.S.
Secret Service pursuant to 18 U.S.C. 3056 and 3056A and are not
included under this system of records. Records pertaining to perimeters
and facilities secured by the
[[Page 5610]]
U.S. Secret Service, other than those records subject to the
Presidential Records Act, are covered under Department of Homeland
Security/U.S. Secret Service--004 Protection Information System of
Records, December 19, 2008.
There will be no change to the Privacy Act exemptions currently in
place for this system of records and therefore remain in effect. This
system will be included in the Department of Homeland Security's
inventory of record systems.
DATES: Written comments must be submitted on or before March 5, 2010.
This updated system will be effective March 5, 2010.
ADDRESSES: You may submit comments, identified by docket number DHS-
2009-0042 by one of the following methods:
Federal e-Rulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
Fax: 703-483-2999.
Mail: Mary Ellen Callahan, Chief Privacy Officer, Privacy
Office, Department of Homeland Security, Washington, DC 20528.
Instructions: All submissions received must include the
agency name and docket number for this rulemaking. All comments
received will be posted without change and may be read at https://www.regulations.gov, including any personal information provided.
Docket: For access to the docket to read background
documents or comments received, go to https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: For general questions and privacy
issues please contact: Mary Ellen Callahan (703-235-0780), Chief
Privacy Officer, Privacy Office, Department of Homeland Security,
Washington, DC 20528.
SUPPLEMENTARY INFORMATION:
I. Background
The Department of Homeland Security (DHS) and its components and
offices rely on DHS/ALL--024 Facility and Perimeter Access Control and
Visitor Management System of Records (74 FR 3081, January 16, 2009) for
the collection and maintenance of records that pertain to facility and
perimeter access control and visitor management.
DHS is updating and reissuing this Department-wide system of
records under the Privacy Act (5 U.S.C. 552a) for DHS facility and
perimeter access control and visitor management records, to include
records systems within the Federal Protective Service (FPS). DHS/ALL--
024 Facility and Perimeter Access Control and Visitor Management System
of Records is the baseline system for facility and perimeter access
control and visitor management, as led by the Office of the Chief
Security Officer. This will ensure that all components of DHS follow
the same privacy rules for collecting and handling access control and
visitor management records.
The purpose of this system is to collect and maintain records
related to the Department's facility and perimeter access control,
including access to DHS information technology and access to classified
facilities, as well as visitor security and management. The
Department's authority for this collection is primarily 5 U.S.C. 301;
the Homeland Security Act, codified in Title 6 of the U.S. Code; 44
U.S.C. 3101; Executive Order (EO) 9397; EO 12968; and Federal Property
Regulations, issued July 2002. This system will collect individuals'
personal information to support the Department's efforts related to
protecting DHS facilities and operating the visitor management program.
Efforts have been made to safeguard records in accordance with
applicable rules and policies, including all applicable DHS automated
systems security and access policies. Strict controls have been imposed
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. The routine uses posted are
unchanged from the previous publishing and consistent with the purpose
for collection. A review of this system is being conducted to determine
if the system of records collects information under the Paperwork
Reduction Act. Categories of individuals, categories of records, the
purpose, and routine uses of this system have been reviewed and updated
to better reflect the Department's, and FPS's, facility and perimeter
access control and visitor management records system. Specifically, the
Department has: Updated categories of individuals to include any
employee, contractor, consultant, intern, fellow, or other person with
regular access and an access control pass which grants unescorted
access to a DHS facility or other federal facility which DHS or its
components provide access control, including the FPS and its contract
guards, and those needing access to information technology systems, and
any visitor to a facility for which DHS or its components provide
access control and violators and those accused of security violations
of access or perimeter control and those related to incidents and
offenses in and around these facilities, and individuals, including
state and local government personnel and private-sector individuals,
who are authorized by DHS to access DHS facilities, and other federal
facilities where DHS controls access through its components, including
the FPS and its contract guards; updated categories of records to
include information pertaining to incidents and offenses; updated
routine uses to include disclosing information outside DHS to an
appropriate federal, state, tribal, local, or foreign government agency
or organization, or international organization, lawfully engaged in
collecting law enforcement intelligence, whether civil or criminal, or
charged with investigating, prosecuting, enforcing or implementing
civil or criminal laws, related rules, regulations or orders, to enable
these entities to carry out their law enforcement responsibilities,
including the collection of law enforcement intelligence, but only when
the disclosure is appropriate to the proper performance of the official
duties of the person receiving the disclosure, and disclosing
information to an appropriate federal, state, local, tribal, or foreign
government agency, international organization, or private organization
where the President or the Secretary of Homeland Security has declared
an event to be a National Special Security Event; and record source
categories has been updated to include records which are obtained from
individuals seeking employment or access to facilities for which DHS
and its components provide security and from individuals involved in
incidents and offenses that take place in or around those facilities.
Privacy Impact Assessments (PIAs) have been conducted and are on
file for the (1) Personnel Security Activities Management System; (2)
Integrated Security Management System; (3) DHSAccessGate System; (4)
Automated Continuing Evaluation System (ACES) Pilot; (5) Personal
Identity Verification System; (6) Federal Protective Service
Information Support Tracking System (FISTS) Contract Suitability
Module; (7) Federal Protective Service Dispatch Incident Records
Management Systems; and (8) Livewave CCTV System along with other
related component specific PIAs and can be found at https://www.dhs.gov/privacy.
Consistent with DHS's information sharing mission, information
stored in the DHS/ALL--024 Facility and Perimeter Access Control and
Visitor
[[Page 5611]]
Management System of Records may be shared with other DHS components,
as well as appropriate federal, state, local, tribal, foreign, or
international government agencies. This sharing will only take place
after DHS 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.
Records within this system apply only to perimeters and facilities
where access is controlled by DHS or its components, including the FPS,
and its contract guards.
Exclusion is made to perimeters and facilities secured by the U.S.
Secret Service pursuant to 18 U.S.C. 3056 and 3056A and are not
included under this system of records. Records pertaining to perimeters
and facilities secured by the U.S. Secret Service, other than those
records subject to the Presidential Records Act, are covered under
Department of Homeland Security/U.S. Secret Service--004 Protection
Information System of Records (73 FR 77733, December 19, 2008).
There will be no change to the Privacy Act exemptions currently in
place for this system of records and therefore remain in effect. This
system will be included in the DHS inventory of record systems.
II. Privacy Act
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 individual's 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 stored and retrieved by
the name of the individual or by some identifying number such as
property address, mailing address, or symbol assigned to the
individual. In the Privacy Act, an individual is defined to encompass
United States citizens and lawful permanent residents. DHS extends
administrative Privacy Act protections to all individuals where
information is maintained on both U.S. citizens, lawful permanent
residents, and visitors. Individuals may request their own records that
are maintained in a system of records in the possession or under the
control of DHS by complying with DHS Privacy Act regulations, 6 CFR
5.21.
The Privacy Act requires each agency to publish in the Federal
Register a description denoting the type and character of each system
of records that the agency maintains, and the routine uses that are
contained in each system in order to make agency record keeping
practices transparent, to notify individuals regarding the uses of
their records, and to assist individuals to more easily find such files
within the agency. Below is a description of DHS/ALL--024 Facility and
Perimeter Access Control and Visitor Management System of Records.
In accordance with 5 U.S.C. 552a(r), DHS has provided a report of
this new system of records to the Office of Management and Budget (OMB)
and to Congress.
SYSTEM OF RECORDS
DHS/ALL-024
System name:
Department of Homeland Security (DHS)/ALL--024 Facility and
Perimeter Access Control and Visitor Management System of Records
Security classification:
Unclassified, sensitive, for official use only, and classified.
System location:
Records are maintained at several DHS Headquarters locations and in
component offices in both Washington, DC and field locations.
Categories of individuals covered by the system:
Categories of individuals covered by this system include: (1) Any
employee, contractor, consultant, intern, fellow, or others with
regular access and an access control pass which grants unescorted
access to a DHS facility or other federal facility which DHS or its
components provide access control, including the FPS and its contract
guards, and those needing access to information technology systems, and
any visitor to a facility for which DHS or its components provide
access control; (2) violators and those accused of security violations
of access or perimeter control and those related to incidents and
offenses in and around these facilities; (3) applicants for employment,
contractors, or those needing unescorted access to these facilities or
information technology systems; (4) state and local government
personnel and private-sector individuals who serve on an advisory
committee and board sponsored by DHS; (5) individuals, including state
and local government personnel and private-sector individuals, who are
authorized by DHS to access DHS facilities, and other federal
facilities where DHS controls access through its components, including
the FPS and its contract guards, including classified facilities,
communications security equipment, and information technology systems
that process national or homeland security classified information.
Categories of records in the system:
Categories of records in the system include:
Individual's full name;
Date and place of birth;
Social security number;
Note: For access to the Nebraska Avenue Complex, DHS employees,
including component employees and contractors, are not required to
provide date of birth or social security number to enter the
Nebraska Avenue Complex if they provide a HSPD-12 badge, component
badge, credential, or commission book. Component employees and
contractors will also provide name, component, and Nebraska Avenue
Complex point of contact name and phone number. Headquarters
employees and contractors can also provide a drivers license as
identification to be confirmed within the system of records as a DHS
Headquarters employee. If a component employee or contractor does
not have a DHS or component-issued credential at the point of entry,
the individual will be processed into the Nebraska Avenue Complex as
a regular visitor requiring a full name, date of birth, and social
security number.
Organization's name;
Citizenship;
Country of origin, if applicable;
Telephone number;
Physical descriptions;
Biometric information;
Photograph;
Visitor badge number, if applicable;
Date and time of entry and departure;
Drivers license and other form of identification
information;
License plate number and state of issuance;
Make and model of vehicle;
Reports, files, records received from other federal
agencies;
Records relating to management and operation of DHS
programs to safeguard classified and sensitive but unclassified
information, including but not limited to:
[cir] Document control registries;
[cir] Courier authorization requests;
[cir] Non-disclosure agreements;
[cir] Records of security violations;
[cir] Records of document transmittals; and
[cir] Requests for secure storage and communications equipment.
Records relating to the management and operation of the
DHS security program, including but not limited to:
[cir] Inquiries relating to suspected security violation(s);
[[Page 5612]]
[cir] Recommended remedial actions for possible security
violation(s);
[cir] Reports of investigation regarding security violations;
[cir] Information pertaining to incidents and offenses;
[cir] Statements of individuals;
[cir] Affidavits; and
[cir] Correspondence.
Records relating to the management and operation of the
facility and perimeter access control and visitor management system
including but not limited to:
[cir] Facility and perimeter access registries;
[cir] Courier cards;
[cir] Access control card requests; and
[cir] Specific information from standard DHS forms used to conduct
criminal history record checks; and
[cir] Closed circuit television (CCTV) systems and recordings.
Authority for maintenance of the system:
5 U.S.C. 301; the Homeland Security Act, codified in Title 6 of the
U.S. Code; 44 U.S.C. 3101; and Executive Order (EO) 9397; EO 12968; and
Federal Property Regulations, issued July 2002.
Purpose(s):
The purpose of this system is to collect and maintain records
associated with DHS facility and perimeter access control, including
access to DHS information technology and access to classified
facilities, as well as visitor security and management.
Routine uses of records maintained in the system, including categories
of users and the 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 of
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 (including United States Attorney
Offices) or other federal agency conducting litigation or in
proceedings before any court, adjudicative or administrative body when
it is 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 of DHS in his/her official capacity;
3. Any employee of DHS in his/her individual capacity where DOJ or
DHS has agreed to represent the employee; or
4. The United States or any agency thereof, is a party to the
litigation or has an interest in such litigation, and DHS determines
that the records are both relevant and necessary to the litigation and
the use of such records is compatible with the purpose for which DHS
collected the records.
B. To a congressional office from the record of an individual in
response to an inquiry from that congressional office made at the
written request of the individual to whom the record pertains.
C. To the National Archives and Records Administration or other
federal government agencies pursuant to records management inspections
being conducted under the authority of 44 U.S.C. 2904 and 2906.
D. To 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. To appropriate agencies, entities, and persons when:
1. DHS suspects or has confirmed that the security or
confidentiality of information in the system of records has been
compromised;
2. The Department has determined that as a result of the suspected
or confirmed compromise there is a risk of harm to economic or property
interests, identity theft or fraud, or harm to the security or
integrity of this system or other systems or programs (whether
maintained by DHS or another agency or entity) or harm to the
individual who relies upon the compromised information; 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 compromise and prevent, minimize,
or remedy such harm.
F. 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.
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, where 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 an appropriate federal, state, local, tribal, foreign, or
international agency or contract provider, if the information is
relevant and necessary to a requesting agency's decision concerning the
hiring or retention of an individual, or issuance of a security
clearance, license, contract, grant, or other benefit, or if the
information is relevant and necessary to a DHS decision concerning the
hiring or retention of an employee or contractor, the issuance of a
security clearance, the reporting of an investigation of an employee or
contractor, the letting of a contract, or the issuance of a license,
grant or other benefit and disclosure is appropriate to the proper
performance of the official duties of the person making the request.
I. To a public or professional licensing organization when such
information indicates, either by itself or in combination with other
information, a violation or potential violation of professional
standards, or reflects on the moral, educational, or professional
qualifications of an individual who is licensed or who is seeking to
become licensed.
J. To an appropriate federal, state, tribal, local, or foreign
government agency or organization, or international organization,
lawfully engaged in collecting law enforcement intelligence, whether
civil or criminal, or charged with investigating, prosecuting,
enforcing or implementing civil or criminal laws, related rules,
regulations or orders, to enable these entities to carry out their law
enforcement responsibilities, including the collection of law
enforcement intelligence, but only when the disclosure is appropriate
to the proper performance of the official duties of the person
receiving the disclosure, and;
K. To an appropriate federal, state, local, tribal, or foreign
government agency, international organization, or private organization
where the President or the Secretary of Department of Homeland Security
has declared an event to be a National Special Security Event, if the
information is relevant and necessary to a requesting agency's decision
concerning the hiring or retention of an individual, or issuance of a
security clearance, license, contract, grant, or other benefit, or if
the information is relevant and necessary to a DHS decision concerning
the hiring or retention of an employee, the issuance of a security
clearance, the reporting of an investigation of an employee, the
[[Page 5613]]
letting of a contract, or the issuance of a license, grant or other
benefit, but only when disclosure is appropriate to the proper
performance of the official duties of the person making the request.
L. 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 interest in the disclosure of the information or when
disclosure is necessary to preserve confidence in the integrity of DHS
or is necessary to demonstrate the accountability of DHS's officers,
employees, or individuals covered by the system, except to the extent
it is determined that release of the specific information in the
context of a particular case would constitute an unwarranted invasion
of personal privacy.
Disclosure to consumer reporting agencies:
None.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Records in this system are stored electronically or on paper in
secure facilities in a locked drawer behind a locked door. The records
are stored on servers, magnetic disc, tape, digital media, and CD-ROM.
Retrievability:
Records may be retrieved by individual name, date of birth, and
social security number, or other personal identifier listed above in
``Category of Records in the System,'' if applicable.
Note: For access to DHS Headquarters, all employees, including
component employees and contractors, are not required to provide
date of birth and social security number to enter DHS Headquarters
facilities. If they do not have their credential at the point of
entry, they are required to log their name and title, component,
data and time, ID of employee, and point of contact.
Safeguards:
Records in this system are safeguarded in accordance with
applicable rules and policies, including all applicable DHS automated
systems security and access policies. Strict controls have been imposed
to minimize 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.
Retention and disposal:
Pursuant to GRS 18, Item 22a, personnel security clearance files
are destroyed upon notification of death or not later than five years
after separation or transfer of employee or no later than five years
after contract relationship expires, whichever is applicable.
Pursuant to GRS 18, Item 6, requests and authorizations for
individuals to have access to classified files are destroyed two years
after authorization expires.
Pursuant to GRS 11, Item 4a, identification credentials including
cards, badges, parking permits, photographs, agency permits to operate
motor vehicles, and property, dining room and visitors' passes, and
other identification credentials are destroyed three months after
return to issuing office.
Pursuant to GRS 18, Item 17, registers or logs used to record names
of outside contractors, service personnel, visitors, employees admitted
to areas, and reports on automobiles and passengers for areas under
maximum security are destroyed five years after final entry or five
years after date of document, as appropriate.
Other documents pursuant to GRS 18, Item 17b, are destroyed two
years after final entry or two years after date of document, as
appropriate.
Where records are used as evidence in an investigation or in an
administrative, litigation, or other proceeding, the records will be
retained until final disposition of the investigation or proceeding.
System Manager and address:
For Headquarters components of DHS: Chief, Physical Security
Division (202-447-5010), Office of Security, Department of Homeland
Security, Washington, DC 20528. For components of DHS, the System
Manager can be found at https://www.dhs.gov/foia under ``contacts.''
Notification procedure:
The Secretary of Homeland Security has exempted this system from
the notification, access, and amendment procedures of the Privacy Act
because it is a law enforcement system. However, DHS will consider
individual requests to determine whether or not information may be
released. Thus, individuals seeking notification of and access to any
record contained in this system of records, or seeking to contest its
content, may submit a request in writing to the Headquarters or
component's FOIA Officer, whose contact information can be found at
https://www.dhs.gov/foia under ``contacts.'' 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, 245 Murray Drive, SW., Building 410, STOP-0550, Washington,
DC 20528.
When seeking records about yourself from this system of records or
any other Departmental system of records, your request must conform
with the Privacy Act regulations set forth in 6 CFR Part 5. You must
first verify your identity, meaning that you must provide your full
name, current address and date and place of birth. You must sign your
request, and your 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, you may obtain forms for this purpose from the Chief Privacy
Officer and Chief Freedom of Information Act Officer, https://www.dhs.gov or 1-866-431-0486. In addition, you should provide the
following:
An explanation of why you believe the Department would
have information on you;
Identify which component(s) of the Department you believe
may have the information about you;
Specify when you believe the records would have been
created;
Provide any other information that will help the FOIA
staff determine which DHS component agency may have responsive records;
and
If your request is seeking records pertaining to another
living individual, you must include a statement from that individual
certifying his/her agreement for you to access his/her records.
Without this bulleted information the component(s) may not be able
to conduct an effective search, and your request may be denied due to
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:
Records are obtained from individuals seeking employment or access
to facilities for which DHS and its components provide security and
from individuals involved in incidents and offenses that take place in
or around those facilities.
[[Page 5614]]
Exemptions claimed for the system:
The Secretary of Homeland Security has exempted this system from
the following provisions of the Privacy Act, subject to the limitation
set forth in (c)(3); (d); (e)(1), (e)(4)(G), (e)(4)(H), (e)(4)(I); and
(f) of the Privacy Act pursuant to 5 U.S.C. 552a(k)(1), (k)(2), and
(k)(5) of the Privacy Act.
Dated: January 25, 2010.
Mary Ellen Callahan,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. 2010-2206 Filed 2-2-10; 8:45 am]
BILLING CODE 9110-9B-P
